PROTECTION TO THE RIGHS OF VICTIMS OF CRIME UNDER INTERNATIONAL LAW

The courts of criminal jurisdiction at the national and international levels in the past did not bestow much attention on the rights of the victims rather they concentrated more on matters relating to the proof of guilt of the accused and less on matters relating to the sufferings of the victims. With regard to very few aspects of the criminal case the participation or association of the victim with the proceedings at any stage was relevant. But in modern International Law, the victim is given due attention with regard to his right to life, liberty and safety as also his right to compensation and the relevant bodies are supposed to provide protection to the victim to avail several of his rights. Drawing inspiration from the international legislation, the legal systems at the national level have adopted necessary legislation to enforce the policy of the United Nations with regard to protection of the victims. The development of Human Right Law and Environment Law have of course given a new boost to the concept of rights of the victims. However, there are certain legal impediments on account of which the victims cannot get the protection envisaged in the modern legislation. Among such impediments are the limited scope of the concept of victim and a limitation on the jurisdiction of the courts in the form of immunity of United Nations from national jurisdiction in civil and criminal matters. On a review of the relevant documents one is forced to draw the conclusion that the provisions of law which by one hand give a gift of protective device take away by another hand the very protection envisaged to the rights of victims in civil and criminal matters.