CRIMINAL JUSTICE SYSTEM IN INDIA AND
THE HUMAN RIGHTS OF VICTIMS
TWO DAY NATIONAL SEMINAR
HUMAN RIGHTS AND DEVELOPMENT
On 28th & 29th September 2007 at Govt. College of Arts, Science & Commerce Quepem, Goa. Paper Presentation by : Prof. (Mrs.) Sarita Patil, Lecturer, Dept. of Law, Gogte College of Commerce, Tilakwadi, Belgaum. Email: email@example.com Theme ;
JUSTICE TO FORGOTTEN VICTIMS
Topic : CRIMINAL JUSTICE SYSTEM AND HUMAN RIGHTS OF VICTIMS. Abstract :
Human Rights and Criminal Justice Systems
The Components of Criminal Justice Systems
(Victims, Accused, society and the Judiciary)
The National Human Rights Commission has issued guidelines regarding Arrest. •
Victims means people who individually or collectively have suffered harm including physical, mental injury, emotional suffering, economic loss, substantial impairment of their fundamental rights through violation of criminal loss. •
In the Criminal Justice Systems visible and invisible victims have been kept away from the system. •
The System is such that at every stage accused is protected. •
There is presumption of innocence in favour of the accused. •
Every accused is presumed to be innocent unless he is proved otherwise. •
The burden of proof is with the prosecution.
Accused should be treated fairly.
BUT WHAT ABOUT THE VICTIM?
Our criminal justice system is accused oriented.
Why favor the accused?
If prosecution cannot prove their case beyond reasonable doubt, the accused is given benefit of doubt •
BUT WHAT ABOUT THE TRUTH ?
The victim is forgotten in the criminal justice systems. •
VICTIMS ARE THE VULNERABLE GROUPS OF THE SOCIETY AND NATIONAL HUMAN RIGHTS COMMISSION MUST TAKE STEPS TO ISSUE CERTAIN GUIDELINES FOR PROTECTION OF THE VICTIM IN THE INDIAN CRIMINAL JUSTICE SYSTEM. •
Human Rights for the victims have been recommended for adoption by the seventh UN Congress held at Milan from 26th August to 6th September 1985. and adopted by General Assembly Resolution 40/34 of 29th November 1985. •
There is a need for incorporation of the human rights for victims in the Indian Criminal Justice System and only thereafter Justice to Forgotten victims can be given.
CRIMINAL JUSTICE SYSTEM IN INDIA
THE HUMAN RIGHTS OF VICTIMS
The criminal justice system in India is a system, which is based on the English system of Criminal Justice Administration . It has been handed over to us by the colonial power 200 years ago. Is the system good? We are a part of it. The Criminal Justice system consists of victims, accused, witnesses, the judiciary and the society.
In this system operation of all these functionaries in a proper form is necessary.
This is an accused oriented criminal justice system. Accused is presumed to be innocent. He has the benefit of prevention of ex-post facto operation of laws & there is also protection against “Double Jeopardy”.
The whole system is accused oriented. Accused must be treated fairly, accused is not forced to open his month, the burden of proof is on the prosecution and if the prosecution fails to prove its case beyond a reasonable doubt, the benefit is given to the accused. Judge is not bound to search for the truth and therefore the real accused is not searched and not apprehended and not prosecuted. BUT WHAT ABOUT THE TRUTH?
“There must be a duty for the search of truth, duty to do the justice”. There is no obligation on the detective agencies like the police to search the truth. WHAT ABOUT THE VICTIM?
This is the accused oriented criminal justice system. This is a sad truth that the politics & crime are inter-related. The investigating agencies have to be insulated from the political control & the national human rights commission has to take necessary steps to ensure this. The investigating agencies should be autonomous bodies. They must be healthy, competent & free from direct political control.
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