The victimization of women to sexual violence is a global phenomenon that continues to spread widely[1], crimes like rape, sexual assault and attacks on Acid are on the rise around the world and have emerged as a form of gender-based violence aimed at silencing and controlling women and girls, these crimes leave behind a very traumatic effect on the victims, both physically and mentally , so that women are subjected to more physical, mental and social suffering.[2] Media coverage of the brutal rape of a 23-year-old student on a Delhi bus in 2012 attracted worldwide media attention.[3] Although this case is just one in a long list of horrific incidents of violence directed against women around the world, it is sparking an international debate about the plight of women victims of sexual and physical violence. Sadly, the young woman's death represents just the tip of what appears to be an ever-expanding iceberg of violence against women (now VAW) in India.[4]Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get Original EssayIn India, even though legislations[5] have been passed and piecemeal amendments, substitutions and deletions in criminal procedure or special and local laws have been steps have been taken to improve the situation of women victims and treat these crimes effectively, but they do not seem to have fully achieved their objective and the process of preventing victimization and protecting victims faces many challenges.[6] The main reasons for the current plight of female victims and the seemingly impossible situation in preventing violence against women are the inability of existing laws and law enforcement to effectively deal with the problem. There are several causes for this failure, the majority of which are inherent in the functioning of the criminal justice system (hereinafter CJS).[7] In particular, the flexibility of Indian laws would not be enough to curb this social menace which has given the culprits wide latitude to commit such heinous crimes. The criminal justice system in India, since its inception during colonial rule, has been concerned with the accused. and its rights. The CJS of British India can be seen through the enactment of the Code of Criminal Procedure, 1898 (hereinafter CrPC), followed by the CrPC 1973 and the Indian Evidence Act 1872 (hereinafter IEA), which are friendly accused. After independence, even the framers of our Indian Constitution emphasized the rights of the accused. [8] India derived its criminal justice system from the British model and Indian penal philosophy accepted the concepts of crime prevention and treatment and rehabilitation of criminals, which were also reiterated in many judgments of the Court supreme. The critical situation and protection of victims has not given rise to any major concerns from either policy makers or the judiciary, and victims' rights are still often neglected. Unlike the accused, victims in India have virtually no rights in criminal proceedings and the state bears full responsibility for protecting the interests of the victim. When state agencies fail to prosecute violators, as is often the case, victims must either endure injustice in silence or seek personal revenge by taking the law into their own hands.[9] Ironically, "the culprit is housed, fed, clothed, heated, lit and entertained in a model cell at public expense, thanks to the taxes that thevictim pays to government.”[10] While on the one hand an accused is an accused. enjoys various rights and privileges under the Indian SJC, including constitutional rights. But victims of crime are not an integral part of it. Victims of crime have no right to participate in the investigation process, which is the sole responsibility of the police, nor do they have the right to participate in the trial unless the police deem it necessary.[11] Flawed investigations are a serious problem across the country. Often, people with rich and influential pasts or those with political patronage influence police to conduct shoddy investigations so that an indictment is not filed within the legal time limit. Police investigations raise considerable doubts, particularly in cases where the police themselves are the perpetrators. Such failures have often led to calls for such investigations to be handed over to agencies like the Central Bureau of Investigation, but its own investigations are not above suspicion. Victims of crime have therefore been ignored by both the law and the state. . Victimized and ignored victims face various problems, especially victims of rape and sexual assault, acid attacks who experience lifelong trauma and social stigma. Immense harassment is caused to these victims, at the time of recording of their affidavits in the trial courts, repeated adjournments forcing them to visit the court again and again, traumatizes them and increases their mental agony during legal proceedings.[12]However, over the past twenty years, concerns about the rights of victims and their welfare have increased and there has been a significant change in the judicial approach to victims' rights and l The concern of the courts and the need for a law on compensation for victims and a comprehensive law on victims of justice was reflected in their judgments[13] and their reports. Continuing efforts are being made to adopt a national policy for victims in India. As a result of judicial activism, a demand has emerged to recognize the rights of crime victims as an integral part of our CJS so that justice can truly be served. Various new trends have therefore started to emerge regarding victims and their rights under the Indian SJC. It is today the centralized subject, among professionals, civil servants and the general public. The media paid increased attention to the victims and politicians responded by showing support for improving the victims' situation. State governments have improved compensation systems, as well as legal aid and assistance to victims. But unfortunately, such a provision is not adequate, and some sociologists and criminologists have argued that the place of the victim in the legal justice system has not been improved, upsetting the balance between the state and the offender, where a crime is still considered an attack on the state or society as such. as a whole, not just an attack on the victim. of the Fundamentals of Justice for Victims and Abuse of Power, 1985. The late incursion of the term "victim" into our SJC meant that the victim remained largely marginalized in the Indian SJC until 2008. But it is nevertheless essential that the spirit of the United Nations Declaration on Basic Principles of Justice for Victims and Abuse of Power, 1985 must be implemented in the Indian judiciary, which will provide victim orientation in our laws. [15] It is now time thatour SJC is moving towards a victim orientation. It is imperative that the legislature and the apex court also recognize certain rights of victims of crime, as they are recognized to the accused, regarding their interactions with the police, the prosecution and the court where the need for treatment equitable, information, guidance, protection and assistance become crucial.[16] It is high time that our SJC seeks to allow the participation of the victim at the different stages of the trial. For example, the victim must be heard at stages such as the framing of charges, the release process, the bail hearing, the probation hearing and sentencing and compensation. The victim would then be able to take their experiences into account in the criminal justice process without any falsification. Many developed countries like the United States and Australia have introduced an innovative "victim impact statement"[17] mechanism into their legal justice system to hear the victim's point of view during a criminal trial. If the same measures are introduced in the Indian SJC, it can improve the quality of justice for victims of sexual crimes.[18][1]N. Westmarland and G. Gangoli, International Approaches to Rape (Bristol: Policy Press, 2011); See JP Hodge, Gendered Hate: Exploring Gendered in Hate Crime Law (New England: Northeastern University Press, 2011) 2[2] L. Kelly, J. Lovett and L Regan, “A Gap or a Chasm? Attrition in Reported Rape Cases” Directorate of Research, Development and Statistics of the Ministry of Home Affairs, (2005) 293[3] BBC, “Delhi gang rape victim dies in hospital in Singapore”, 29 December 2012. Available at: http://www.bbc.co.uk/news/world-asia-india-20860569, accessed 23.5.2017[4] S. Walby and A. Myhill, “New Survey Methodologies in Researching Violence against Women”, 41 British Journal of Criminology (2001) 502[5] The Criminal Amendment Act 2013, Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act 2013,[6] appropriate mechanisms for effective implementation of existing laws and provisions and procedure for grant of compensation, victim rehabilitation organizations.[7] Laxmi Devi, Crime, Atrocities and Violence against Women and Related Laws and Justice (New Delhi: Anmol Publication Pvt. Ltd, 2009) 177[8] The Constitution of India and the Code of Criminal Procedure, 1973 confer certain rights and privileges on an accused. and provides certain guarantees such as: rights to equality and equal protection of the laws (article 14); Rights against the ex-pass facto application of the law (article 20(1)); protection against Double Jeopardy (Art 20(2), sec300, Crpc); protection against self-incrimination (art. 313, 315(1) Cr.pc, art 20(3)); Protection against arrest and detention (Sec 56, 57, 167 Cr.pc, Art22 (2)); Right to know the reason for arrest and detention (Sec 50,173, Crpc, Art22(1)); Right to consult and be defended by a lawyer of one's choice (Sec 303,304 Crpc and Art22(1)); Presumption of innocence throughout the trial (Sec, 102,105, Indian Evidence Act); Right to legal aid, (Sec304 Crpc, Art 39A); protection of life and personal liberty (article 21).[9] NR Madhava Menon, Victims' rights and criminal justice reforms, The Hindu, March 27, 2006, available at http://www.thehindu.com/2006/03/27/stories/2006032703131000.htm.[10] KD Gaur, Commentary on the Indian Penal Code (Universal Law Publishing Co. 2006)[11] Wing-Cheong Chan, Support for Victims of Crime in Asia, (New York: Routledge Tylor and Francis Group, 2008)167[12] Harsh Dobhal, Writings on Human Rights, Law and Society in India: An Anthology of Combat Law, (New Delhi: Human 16