VII. Rights of Victims
A. Background
The position of victims has not merited the attention it deserves. In the
pursuit of investigation and prosecution of crime, victims are sometimes
overlooked, poorly protected or even mistreated by police officers.
Any citizen might become a victim. Police must ensure that they treat every
victim with dignity, respect and compassion, irrespective of the victim’s
religion, caste, status, sex, age, etc. Police officers should always avoid
treating victims of crime in a way that compounds the initial suffering
resulting from the crime itself. Such people are already victims at the
time when police attends to them, and have suffered because of the actions
of someone else. Therefore, police should not treat them in such a way
that they effectively become victims for a second time. The importance of
proper training on how to deal with and support victims of crime cannot
be overstated. Similarly, there is an overarching need at police station
level for systems and information for referring victims to supportive
agencies.
B. The Law Says
Constitution of India
The obligations of the State in the Indian Constitution to protect and help
victims of violation of human rights can be culled from Article 14 and Article
21, which contain important fundamental rights to be read with directive
principles of State policy contained in Articles 39-A, 41, 46 and 51(c) of
the Constitution.
The first part of Article 14 says that the State shall not deny to any person
equality before the law or the equal protection of the laws within the
territory of India.. The second part of the article has a positive content
indicating an obligation on the State to extend “equal protection of law”
to every person.
It is the responsibility of the State to prosecute offenders and provide
retribution for offence to the victims of crime. When the State has
undertaken the responsibility to protect “right to life and property” of all
its citizens, it is the obligation of the State not only to prosecute the offenders
as violators of human rights but at the same time to extend help and
support to the victims of crime.
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Manual on Human Rights for Police Officers