The Indian legal system has emerged with serious amendments from time to and every step was taken by the Judiciary to ensure justice to the citizens. Citizens can be any person the accused or the victim unfortunately there has been more focus on the accused than of the victim. Things from time to time have faced several kinds of suffering. A number of discussion benches have put forward their point of view in regard to the inequality of rights that the victims face. Recent judgements very clearly mentioned the need to increase the rights of victims over that of the accused. After the commission of the wrong it is the choice of the victim to approach the court of the state but that does not provide a remedy to the victim on immediate basis. There are various ways through which a victim can approach police and the court but problems like in treatment in hands of the police officers which involves harsh procedure that needs to be followedwhich also is not known by the parties. All these conclusions are based on Indian context and not on an international perspective. A country like India has faced various internal where problemslike poverty and illiteracy top the charts and therefore become cause of various crimes at the same time they are the reasons why people are not able to approach the right method to protect themselves.A Psychological concept called the fear of Victimization which means that people are afraid of becoming victims to a particular crime for example a family that lives in a remote area and if there is a knock on the door at 12 midnight they would prefer not opening the door this means that people are afraid to face crimes of any sort therefore becoming victims. This is an avoidance strategy that is followed by every person but the fact that if a person becomes a victim and is not reimbursed with the material damages is considered the main problem and probably the reason that the fear of victimization has increased. With the government present and various forces including the police present to protect the people the fear should have decreased with the time but unfortunately the percentage of people who are fearing victimization or are facing victimization has increased manifold.The need of victims is only seen limited to rights under legal remedies the help that of victim to get the accused convicted. But the needs are manifold to begin with, a victim would require emotional support of the people to whom that person is close to or even social acceptance in that sense would be effective at the same time. A unitary resource practical assistance where the victim can get knowledge as to how to obtain compensation for the damages and where to go for legal help also the present police and j udicial authorities play maj or role in this respect treating a victim like any other suspect is mentally distressful for that person for example many victims are not aware of the victim assistance or state compensation programs making sure that such people have an access to such kind of knowledge is the duty of the state. The need of victims is not limited to the fact that once the crime is done they need knowledge as to how to get compensation it is the duty of the state that people in general have knowledge to the rights and remedies that are available for them these are called informational needs. Also during the criminal and civil proceedings one should be duly informed about the right that are available to them at every stage it is an informational need. It is not j ust need that happens at a time or right after the crime is done but it it pre exists and continues even after the court proceedings come to an end. One main concern which is a maj or example of failure of rights that are being provided to victims is seen in the situation of victims of sexual harassment. In District Registrar and collector and anothers versus Canara Bank and another it was clearly stated that the right of freedom of expression includes the right to anonymous speech which means that the right to express oneself even without being identified as to who you are or identification of the source of that expression is not a necessity. A person’s thoughts and ideas or any other ideology that is important for the state but at the same time would cause that person harm can be a private statement as well where in the Identity of the person is not known. This goes hand in hand with the right to privacy therefore the relationship between freedom of expression and privacy can be positive sum game where in the rights coexist. Emphasis has been made on these two rights in context of sexual harassment because once a person has gone through a sexual crime or even sexual harassment, they have to face a harsh treatment at the hands of police and then Judiciary until the process continues. Such a procedure is the reason why many victims choose not to opt for judicial remedies and they decide not to talk about the crimes they have faced. Victimology is a concept to enhance our understanding regarding victims and analyse the magnitude of a victims problem at the same time explain the causes of victimization and develop the system of measures to reduce victimization. Victimology is the science that analyses the problems from a victims prospective it indirectly relats to criminology because criminology is the opposite of victimology where and it focuses on the perspective of a criminal or an accused. UN convention on Justice and support for victims of crime and abuse ofpower said that a victim is a natural person who has suffered harm of any kind physical or mental or emotional or economic is identified under the scope of victimization.

“Victim means the person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir”³

A person may or may not have reported to the police regarding the crime he is regardless a victim even if perpetrator is not identified or apprehended. Thisdeclaration identified certain principles and policies. First of all it was emphasized that victims have to be treated with dignity and respect by the police and the courts. More involvement of victims was focused as well since victims hardly have any role in the whole proceedings and the criminal system of justice. Also in certain situations where the guilt of the accused victim and the wrongdoer have been brought together for Restoration of losses, that is considered a better approach than mere punishment of the offender. Although these policies are considered very important but according to the UN handbook on justice for victims the police has still not been able to provide rightful treatment to victims. Unfortunately the police who are the first mode of remedy that the people approach to are very ignorant of the international developments on this issue and are thus failing to approach the victims with empathy. Regarding the Judiciary although judges are considered sympathetic towards the victims and have taken measures at times to provide them their rights requirements like a waiting hall or victim Protection Program have not been provided in India.Might is right is a basic concept and can be very well established in the scenario in India one cannot argue with the fact that corruption has made its roots deep into the Indian system almost all governmental and judicial departments are based on a corrupt system where power and money can mould j ustice procedures into their own hands where the maj ority of population that does not have money or knowledge or is literate enough to achieve right, faces the struggle. International context also says that in India from the police to all the higher institutions every stage is corrupt and favours the powerful. In India the main problem is that the victim is not given the right to participate properly in the proceedings what becomes solely responsible for providing justice to the people rather than source of Justice. Innately this problem has been discussed time and again that the victims do not get the right amount of participation in the criminal proceedings. It is a very simple concept that it should be the right of the people who appoint the case to participate in the adverse orders that are given against the accused ad the minimum orders that would eventually affect the victim mark their own value. The Law Commission of India 1996 said in a report that victims should be provided assistance in cases of acquittal or where the offender is not traceable or where the offence is not proved.

The Justice Malimath Committee report on reforms of criminal justice system recommendations improving the position of victims this is like where the victim is dead or is incapable representing himself in the court a legal representative be appointed or every person has the right to choose his legal representatives despite his economic condition. Special considerations were made on the right to participation of the victims. Other important issues included the ability of a victim to be heard in respect of grant or cancellation of bail regarding the arguments of the prosecution or his say in the proceedings where a negotiation can be made also a victim compensation fund for be created by the state.

The criminal law amendment act of 2013 was based on the Justice Verma Committee report that was formed due to the Delhi gang rape case that took place in 2012. Committee was of the view that sexual assault is not a mere assault on a person, rather it is a manifestation of power. Sexual offences have to be considered as individual offences and not in relation to any other offence. Amendments like providing death penalty in rape cases where it is caused and including various other several new offences injuries that are caused in this context were made in the case of State versus Ram Singh and others, death penalty was awarded to the accused considering the brutality of the nature of offences that took place. This case was considered under the rarest of the rare cases Justice Shri Yogesh Khanna clearly stated that there have been several offences regarding sexual harassment and rape with women from time to time and it was high time that a deterrent message is sent to all the offenders that the justice system will provide equal rights to all who face such crimes.

Women and Domestic Violence Act is a major amendment in this regard wherein main focus of this act was to increase the scope of domestic violence on women. Earlier domestic violence was only considered through a woman’s husband but after the enforcement of this particular Act Domestic Violence included all types of violence from any source that would be a part of a woman’s domestic surroundings. Another important act include the maintenance and welfare of parents and senior citizens act of 2007, it aims at protecting the abuse of parents and senior citizens and their victimization on the hands of children and adults and even a legal heir. In 1992 the Uttar Pradesh government made a detailed amendment to Section 357 of CrPC it was regarding the scheduled tribes and scheduled caste’s importance considering the fact that a lot of offences that take place against against these communities clearly stated that any act of wrong done against a scheduled caste or Scheduled tribe once filed in the court then the court is allowed to order compensation to the victim then and there. It was a landmark change at that time because use of torture, low economic condition and less societal support were the reason why these communities did not get a chance to forward their opinion and achieve simplejustice.

Another group of people that need the immediate attention are the LGBTQ, reason being they fail to achieve equal societal respect even after years and years of protests and various judicial amendments in their favour. But the practical view would be otherwise that these groups have not got the respect they deserve. Although disrespect also renders a person victim, but unfortunately the acts against these people is not limited to disrespect. They face major sexual harassment and mental harassment. Also they are considered weak and become victims of assault, they are prone to random act of misconducts against them. They court has never acted in a way of wrongfulness against them and laws like right to privacy and abolishment of section 377 of IPC have provided big legal changes yet the changes on ground aren’t present. This community forms a major part of our society with transgenders holding a main part of their population. It is only the torture they face at the lowest levels that makes it very hard for them to achieve justice or even reach the court for that context.

Mallikarjun Kodagli v. State of Karnataka is a very recent landmark judgment on this point by Justice Mr. Madan B. Lokur and Justice Mr. Abdul B. Nazeer. The Honourable judges focused on the impact of an act on the victim and the value of an impact statement or assessment by a victim in certain cases, the need for a psycho social support that should be provided or a counselling which a victim may need after the offence is done and the need to give life to proviso of section 372 of crpc. It was very keenly observed that the ordeals of a victim start with the first information report that is the very first step in registering a crime especially in cases of women and children therefore the access to justice is obviously a very difficult task in terms of affordability and proper legal services that have to be provided. The problem is of equal representation and all these problems eventually lead to the major suffering of victims. It was said that court proceedings are not the first step of victimization but the secondary. The ordeals of a victim start from the minute they file an FIR and it is carried forward to the point where he is examine him in the room and such an examination can be very uncomfortable. The victim of a sexual crime faces questions and interrogations that are very stressful to deal with that too after facing a crime that is heinous enough to make a person go through mental trauma. Indian Evidence Act has played a major role in making sure that every possible person who has a role to play in the whole transaction of crime gets a say in the court search provisions where they have their own say.A victim impact statement or a victim impact assessment was given due recognition in this judgement and it was considerably said that victim’s statement is very important in order to give a particular sentence to the accused. A clear Emphasis was on the need to provide psychological support to the victims who have gone through certain traumas, such psycho-social help that would be provided to the victim thus depends on the type of crime they have faced. The judgment clearly focused on Section 372 of CRPC and said that even a victim can file an appeal to a higher Court for full acquittal, due to this current amendment a victim has the right to file an appeal against acquittal of the accused the victim needs to take permission of the court under Section 378 of the CrPC and only then filing appeal under section 372 of CRPC would be allowed. Although the descent did not fail to mention that providing more and more right to the victims only decreases the rights of the accused. Yet a complete focus on the fact that victimology as a science is an increasing jurisprudence subject and it is at that stage it can only move forward and progress.

The need and efficiency of the provisions mentioned in this judgement are disputably very integral to improve the justice provided to people.Another important consideration that was made was regarding the rights of the families of a victim. Accused have a right against the person. Justice Mr. H L Dattu stressed on a point regarding the rights of family. In a case accused was a habitual offender who was a Gangster involved in 30 different murders. Attorney of the victims had stated that producing the accused before the court is not a problem but since such a person was such a maj or Gangster having him presented before the court is not safe for the family of the victim rather of video conferencing would be considered a safer option. And so it was considered the right decision to hold a video conferencing for such a person. In these cases the victim is usually tortured by blackmailing him regarding the safety of his family.

Marcey’s law is a popular United Nations concept that says that victims can have equal rights as to defendants but in reality although it sounds very appealing is it is not because it is considered a complete fallacy that accused and victims have equal rights. The US Constitution and all the 50 states provide rights to the defendants because they considered it very important they are the rights against the states. Defendants are the ones that are deprived of life liberty and property by the state not the victim. It has been considered wrongful and is not followed in the US anymore because of the fact that complete equality of rights will only increase the number of false accusations and more innocent people going behind the bars. As much as important it is given thatwho people file complaints the rights provided to them and to the accused under the US Constitution are never considered equal, accused are said to have more rights then the victims. Although a General perspective would say that one cannot ignore the fact that victims needs remedies to meet as much as right as possible to have a healthy approach to justice. The differentiation is done by understanding the right that are provided to both victim and accused.

The right of an accused is the right against the state the right and the right of a victim is just a right against person. Safe approach would say that it is better to not compare the rights of accused and victim instead provide them rights that are good enough for them to achieve justice.Despite all the rights that have been provided to a victim one cannot ignore the rights of an accused. The proviso of section 372 give the victim or right to file an appeal but such a proviso cannot be read in isolation although there is no particular procedure provided it therefore put the hands of the Judiciary to decide whether a crime or a case required such an appeal where in various people fall victim and are never given justice. There are several others who have been accused of crimes they have not committee or are facing injustice. Constitution is based on a principal that says ‘let hundreds go unpunished but never punish an innocent person’ this particular statement tries to put forward the concept that no one should be put in a position where they are charged guilty of an offence they have not done and the need to protect Innocence is the sole goal of the constitution.

The rights of the victims hold importance in the constitution and that of the accused are also an integral part as said earlier a balance needs to be maintained between these two concepts that takes place. Various rights have been provided to the accused that include presumption of Innocence, right to know the grounds of arrest, right to be taken before a magistrate without delay, free fair and speedy trial, right to consult a legal practitioner right to free Legal Aid, right to be examined by a medical practitioner, right to privacy and protection against unlawful surges, right to be present during trial, copies of documents, to be present at trial former right to cross examination and humane treatment in person. In Nandini Satpathy v. PL Dani⁴ held that no one can possibly extract statements from the accused and the right to keep silent during the course of interrogation went to the accused. And in DK Basu vs State of West Bengal⁵ the supreme court issued guidelines regarding the arrest and detention of the accused it restrained the arresting authority and clearly provided proper procedure of arrest acts like nametag, designation memo and signature of the family of accused. Various provisions have been provided under criminal law on various stages in order to make sure that no innocent person is rendered guilty yet if such that takes place various appeals and right have been given to even an acquitted person to approach the court again. Although basic rights like a legal representative, free Legal Aid, right to privacy and protection, right to expression and right to appeal are provided to both the accused and the victim.

Therefore it is safe to conclude that both parties in criminal proceedings face their own set difficulties where a victim faces trauma of the crime an accused cannot be presumed to be guilty until the proceedings are over. Even before filing a particular crime a victim remains a victim and an accused stays an accused. So the rights provided to both an accused and victim should not be limited but rather universal.