The victimization of women due to sexual violence is a global phenomenon that continues to spread widely,[1] crimes such as rape, sexual violence and acid attacks are on the rise across the world and has emerged as a form of gender-based violence aimed at silencing and controlling women and girls, these crimes leave a very traumatic effect on victims both physically and mentally, as a result women are more susceptible to 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 global 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 leads to an international debate on the plight of sexually and physically victimized women. Sadly, the young woman's death represents only the tip of what appears to be an ever-expanding iceberg of violence against women (henceforth VAW) in India.[4] Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get Original EssayIn India, even though legislations[5] have been introduced and piecemeal amendments, replacements and eliminations have been made in criminal or special procedural laws and local laws made to improve the conditions of women victims and to handle these crimes effectively, but they do not appear to have fully achieved their intended purpose and the process of preventing victimization and protecting victims is facing many challenges.[6] The main reasons for the current plight of women victims and the seemingly impossible situation in terms of preventing violence against women are the inability of existing laws and law enforcement agencies to effectively address the problem. There are several causes of failure, most of which are inherent in the functioning of the criminal justice system (henceforth CJS).[7] Notably, the flexibility of Indian laws would not be enough to curb this social menace which has given ample space to the culprits to advance in such heinous crimes. The criminal justice system in India, since its establishment under the colonial regime, has dealt with the accused and their 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 of 1973 and the Indian Evidence Act 1872 (hereinafter IEA) are accused friendly. After independence, the framers of our Indian Constitution also emphasized the rights of accused persons. [8] India derived its criminal justice system from the British model and penal philosophy in India has accepted the concepts of crime prevention and treatment and rehabilitation of criminals, which have also been reiterated by many Supreme Court judgments . The difficult situation of the position and protection of victims has not given rise to any major concern from either politicians or the judiciary and victims' rights are still often neglected. Unlike accused persons, victims in India have virtually no rights in criminal proceedings and the State takes full responsibility to protect the interests of the victim. When state agencies fail to successfully prosecute perpetrators, as is often the case in many cases, victims are left to suffer injustice in silence or seek personal punishment by taking justice into their own hands.[9] Ironically, "the culprit is housed, fed, clothed, heated, lighted and entertained in a model cell at the expense of theState, starting from the taxes that the victim pays to the government."[10] enjoys various rights and privileges under the Indian CJS, including constitutional rights. But victims of crime are not recognized as part of it. Victims of crime have no right to participate in the investigative process and being the same as the exclusive jurisdiction of the police, they also have no right to participate in the judicial proceedings unless the police deem it necessary.[11] Faulty investigations are a serious problem in all the country. Often people with wealthy and influential backgrounds or with political clienteles influence the police to carry out sloppy investigations so that an indictment is not filed within the time limit set by law. Police investigations raise considerable doubts, especially in cases where the perpetrators are the police themselves. Such failures have often led to calls for such investigations to be handed over to agencies such as the Central Bureau of Investigation, yet its own investigations are not above suspicion. The victims of crime were, therefore, ignored by both the law and the state. . Victims who are victimized and ignored face various problems, especially victims of rape and molestation, acid attacks who suffer permanent trauma and social stigma. These victims face enormous harassment at the time of recording their statements under oath in lower courts, repeated adjournments that force them to visit courts time and again, traumatize them and increase their mental agony during court proceedings.[12] over the last twenty years there has been increasing concern about victims' rights and their well-being and there has been a significant change in the judicial approach to victims' rights and the concern of the courts and the need to have a victims' compensation law and a comprehensive law on victims justice was reflected in their sentences[13] and their reports. There is an ongoing effort to implement a national victim policy in India. Due to judicial activism the demand has emerged to recognize the rights of crime victims as an integral part of our CJS so that justice can be done in a real sense. Various new trends have therefore started to emerge regarding victims and their rights under the Indian CJS. Today it is the centralized subject, towards professionals, officials and the general public. The media paid more attention to the victims, and politicians responded by intervening to improve the position of the victims. State governments have adopted improved compensation, legal aid, and victim assistance programs. But unfortunately this provision is not adequate, and some sociologists and criminologists have argued that the place of the victim in the CJS has not been improved, upsetting the balance between state and offender where a crime is still seen as an attack on the state or society as a whole, and not just an attack on the victim.[14]In the Indian CJS, the term "victim" was legally defined only in 2008, when section 2(wa) was inserted into the CrPC on the basis of the term defined in the 1985 United Nations Declaration of Fundamental Principles of Justice for Victims and the Abuse of Power. The late introduction of the term "victim" in our CJS has meant that the victim has remained largely a marginalized person in the Indian CJS till 2008. But it is still imperative that the spirit of the United Nations Declaration on Fundamental Principles of Justice for Victims and Abuse of Power, 1985 must be implemented in the Indian CJS and this will bring victim orientation into our laws.[15] Now it's time for theour CJS is oriented towards the victim. It is imperative that the legislator and the apex judge also recognize certain rights of crime victims, as are recognized of defendants, in relation to their interactions with the police, the prosecutor's office and the court where the need for fair treatment arises, information, guidance, protection and assistance become crucial.[16] The time has come for our CJS to seek to enable victim participation in the various stages of the process. For example, the victim must be heard at stages such as the filing of charges, the discharge procedure, the bail hearing, the probation hearing and sentencing, and compensation. The victim would then be in a position to have his or her experiences taken into account in the criminal justice process without adulteration of any kind. Many developed countries such as the United States and Australia have introduced an innovative "victim impact statement"[17] mechanism in their CJS to listen to the victim's views in a criminal trial. If the same measures were introduced in the Indian CJS, this could 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 Gender 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 " Home Office Research, Development and Statistics Directorate, (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 Workplace (Prevention, Prohibition and Redressal) Act, [6] Appropriate mechanisms for effective implementation of existing laws and provisions and procedure for redress , organizations for the rehabilitation of victims.[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 confers certain rights and privileges on the accused and provides certain guarantees such as:Equality rights and equal protection of the laws (Article 14); Rights against the ex-past facto application of the law (art. 20, paragraph 1); protection against double jeopardy (art. 20, paragraph 2, sec.300, Crpc); protection against self-incrimination (sections 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, Art 22(1)); Right to consult and be defended by a lawyer of one's choice (Section 303.304 Crpc and Art 22(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 freedom (art. 21).[9] NR Madhava Menon, Victim's 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 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: A Combat Law Anthology, (New Delhi: Human Rights Law Network, 2011) 109[13] Delhi Domestic Working Women Forum V. National Commission for Women, (1994) 3 SCC 11, (indicated i 16