Need for victim participation: Retributive to restorative justice

Upadhyay, Amit and Mehrotra, Abhinav (2023) Need for victim participation: Retributive to restorative justice. The Indian Police Journal, 71 (3 & 4). ISSN 0537-2429

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Abstract

India has an adversarial model of justice dispensation where crimes are deemed to be against the state, implying that any attack on the rights of victims is an act against the state. The significance attached to victim rights in this context has been recognized by the United Nations through its Declaration on Basic Principles of Justice to Victims and Abuse of Power. In India, the major shift came in this regard through the Criminal Procedure Code (Amendment) Act, 2008 where victim's right to appeal, compensation, and the appointment of an advocate were recognized. However, the issue remains inadequately addressed due to the lack of active involvement of the victims in the criminal proceedings and the need to ensure adequate reparations to the victims. In this article, the authors argue for seeking guidance from the working of the International Criminal Court (hereinafter ICC) established in 2002 under the Rome Statute on July 17, 1998. Although India is not a party to the statute, the composition of the court vis-a-vis the victim assumes significance as it places victims at the core of justice dispensation. Under the Rome Statute, the role of victims has been elaborately explained by not only giving them the right to participate in the proceedings, but also putting in place a Victims and Witness Unit, Trust Fund for Victims, and Office of Public Counsel for Victims. The article analyses the role played by the separate organs of the ICC and to analyse whether such mechanisms can be realised in the municipal context and how they can be useful in ensuring victim's participation effectively.

Item Type: Article
Keywords: Victims | Participation | Reparation | Retribution | ICC | CrPC, and Rome Statute
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 23 Aug 2024 09:00
Last Modified: 23 Aug 2024 09:00
URI: https://pure.jgu.edu.in/id/eprint/8323

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