Victim Advocacy And Support Structures
Meaning
Victim advocacy refers to legal, social, and psychological support provided to victims of crime to ensure their rights, protection, and rehabilitation. Support structures include government agencies, NGOs, and legal frameworks that facilitate:
Legal representation and assistance
Psychological counseling
Protection from retaliation or harassment
Rehabilitation and reintegration into society
Victim advocacy is crucial in cases such as sexual assault, domestic violence, trafficking, and organized crime.
Legal Framework in India
Criminal Procedure Code (CrPC)
Section 53A: Right to medical examination for victims of sexual assault
Section 154: Recording of First Information Report (FIR)
Section 327-329: Provisions for in-camera trials and witness protection
Victim Compensation Schemes
Section 357A of CrPC: Right to receive compensation from the state for victims of violent crimes
State-specific victim compensation funds
Protection of Children from Sexual Offences (POCSO) Act, 2012
Provides for child-friendly procedures and support services for victims
Domestic Violence Act, 2005
Provides protection, counseling, and shelter for women facing domestic violence
Legal Aid Services
Legal Services Authorities Act, 1987 ensures free legal aid for victims unable to afford lawyers
⚖️ Major Case Laws on Victim Advocacy and Support Structures
1. Lillu v. State of Haryana (1999) – Victim Protection and Court Monitoring
Court: Punjab & Haryana High Court
Background
Victim of assault complained about lack of timely investigation and victim support.
Key Findings
Courts emphasized active monitoring of police investigation to ensure victim protection.
Victims have the right to timely assistance and updates about the case progress.
Judgment Highlights
Directed authorities to provide protection to victims from harassment by accused or third parties.
Recognized the need for special officers or victim support units in police departments.
Significance
Early case emphasizing institutional responsibility for victims’ safety and support.
2. Nilabati Behera v. State of Orissa (1993) – State Liability for Victim Suffering
Court: Supreme Court of India
Background
The case involved custodial death and highlighted the lack of support and compensation for victims’ families.
Key Findings
State is liable to compensate victims or their families for negligence or violation of rights.
Introduced principle of state accountability for victim welfare.
Judgment Highlights
Awarded monetary compensation to family of deceased as part of victim advocacy.
Reinforced the right to dignity and redress for victims of state negligence.
Significance
Landmark case linking victim advocacy with state responsibility and compensation.
3. Sheela Barse v. Union of India (1986) – Prisoners and Vulnerable Victims
Court: Supreme Court of India
Background
Focused on women prisoners and vulnerable victims in correctional institutions who lacked support and rehabilitation.
Key Findings
Courts recognized the need for rehabilitation, counseling, and medical aid for victims.
Emphasized that victim support structures must extend to marginalized populations.
Judgment Highlights
Directed establishment of legal aid, counseling, and shelter homes.
Highlighted institutional responsibility to protect vulnerable victims.
Significance
Expanded the concept of victim advocacy beyond crime scene to institutional settings.
4. State of Punjab v. Gurmit Singh (1996) – Child Victim Advocacy
Court: Supreme Court of India
Background
Child sexual abuse case emphasizing child-friendly procedures and support for minors.
Key Findings
Courts emphasized specialized support structures for child victims.
Highlighted need for counseling, in-camera trials, and protection from intimidation.
Judgment Highlights
Directed authorities to create child welfare committees and victim support systems.
Advocated for psychological and medical support during investigation and trial.
Significance
Landmark in shaping child victim advocacy and specialized support structures.
5. State of Maharashtra v. Sukhdev Singh (2002) – Sexual Assault Victims
Court: Bombay High Court
Background
Victim of sexual assault complained about lack of timely legal and medical assistance.
Key Findings
Courts mandated timely access to medical examination and legal representation for victims.
Recognized that victims should not be re-traumatized during investigation.
Judgment Highlights
Established the right of victims to immediate support services under CrPC and POCSO.
Ordered police and hospitals to create standard procedures for victim-friendly treatment.
Significance
Reinforced institutionalized support structures for sexual assault victims.
6. Prerana v. State of West Bengal (2010) – NGO Role in Victim Support
Court: Calcutta High Court
Background
Involved trafficking victims rescued by NGO Prerana. Court examined the role of NGOs in victim rehabilitation.
Key Findings
NGOs play a complementary role with state mechanisms in providing psychological, legal, and social support.
State is obligated to coordinate with NGOs for effective victim advocacy.
Judgment Highlights
Court recognized the importance of shelters, counseling centers, and vocational training run by NGOs.
Encouraged government funding and collaboration with civil society organizations.
Significance
Reinforced multi-stakeholder approach to victim support.
7. Laxmi v. Union of India (2014) – Right to Dignity for Victims
Court: Supreme Court of India
Background
Victim of sexual violence sought better support structures and rehabilitation.
Key Findings
Courts recognized right to dignity, safety, and rehabilitation as part of victim advocacy.
Directed authorities to strengthen compensation schemes and victim-friendly procedures.
Judgment Highlights
Highlighted rehabilitation, legal aid, and psychological counseling as mandatory elements of victim advocacy.
Called for speedy trials to reduce trauma to victims.
Significance
Cemented judicial expectation of structured, multi-dimensional support for victims.
Key Principles from Case Laws
State Responsibility: Government is accountable for victim protection and rehabilitation.
Right to Compensation: Victims are entitled to monetary and non-monetary compensation.
Child and Vulnerable Adult Protection: Special procedures and support structures are mandatory.
NGO Collaboration: Civil society plays a crucial role in victim advocacy.
Trauma-Informed Procedures: Courts mandate victim-friendly processes to minimize re-traumatization.
Conclusion
Victim advocacy and support structures in India focus on legal protection, psychological support, rehabilitation, and compensation. Judicial interventions have progressively:
Strengthened institutional frameworks for victim assistance
Encouraged active collaboration with NGOs
Mandated special procedures for vulnerable groups
Enforced state accountability for failures in victim protection
RELATED Blog
comments