Victim Justice: A Paradigm Shift in Criminal Justice Sytem in India

Published date01 September 2016
Date01 September 2016
DOIhttp://doi.org/10.1177/2277401720160106
Subject MatterArticle
VICTIM JUSTICE: A PARADIGM SHIFT IN CRIMINAL
JUSTICE SYTEM IN INDIA
G. S. Bajpai and Shriya Gauba, Thomson Reuters, 2016
Pages – 205, Rs. 695.
Ranbir Singh*
Crime victims continue to live on the edge as justice predominantly means
justice for the accused. The victims ordinarily have no semblance of rights at the
stages of investigation or trial. Though Benjamin Cardozo said ‘justice, though
due to the accused, is due to the accuser’. ‘Forgotten entity’, ‘marginalised person’
and ‘subject of secondary victimisation’ are some of the common expressions that
a crime victim is associate3d with in the criminal justice system (CJS) in India.
While the scene has changed internationally for crime victims, the world for a crime
victim in India remains unchanged. The research reported in this book explores
the scope of rights and deliveries in the justice system for victims of crime. It
exposes crucial imbalances and prejudices embedded in the Indian CJS for victims.
The work also assails the idea of ‘justice’ being imbalanced on account of not
incorporating the victim. Capturing the voices of survivors of some gruesome acid
attacks, the research showcases a telling and critical commentary highlighting the
need for greater sensitivity on the part of police, prosecution and courts towards
these persons. Documenting some best practices regarding crime victims from the
world over, the book presents a strong case of ‘mainstreaming’ crime victims in the
CJS. The book traces some of the judgments of the Supreme Court and High Courts
which allude to the shaping of a ‘victim jurisprudence’ in this country that now
poses a forceful argument to challenge the conservative notions in criminal justice
and criminal law academia. The book makes a strong case for victim participation in
trial through victim impact statements and explores the scope of victim involvement
at stages like discharge, bail and sentencing in a criminal trial. Arguably, this work is
about giving voice to the victim of a crime. Victim justice means that the victim has
a right to speak and the nation has an obligation to listen. The present work seeks to
eectuate a paradigm shift in criminal justice- both in essence and substance.
* Vice-Chancellor, National Law University Delhi.

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