Access to justice for victims of crime and the role of legal services authorities in Rajasthan
DOI:
https://doi.org/10.29070/py0s7t31Keywords:
Access to Justice, Victims of Crime, Legal Aid, RSLSA, DLSA, Victim Compensation, Section 396 BNSS, Rehabilitation, Restorative Justice, RajasthanAbstract
Access to justice for a victim of crime is wider than access to a courtroom. It includes reliable information, respectful treatment, legal assistance, protection, participation, timely compensation and support for recovery. India has created a substantial institutional framework for these purposes through the Constitution, the Legal Services Authorities Act, 1987, criminal procedure, special legislation and judicial decisions. In Rajasthan, the Rajasthan State Legal Services Authority and District Legal Services Authorities occupy a distinctive position because they can connect victims with courts, police, hospitals, lawyers and welfare services. This article evaluates that institutional role through doctrinal and policy analysis. It examines the constitutional basis of victim-oriented legal aid, the statutory responsibilities of legal services institutions, the victim compensation framework now continued under section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the practical barriers that arise between a formal entitlement and its use. The analysis identifies recurring risks: victims may receive information too late, documentary demands may be repeated, institutional referrals may remain informal, interim assistance may not match immediate need, and compensation may be treated as the end of rehabilitation. The article proposes a service model based on early contact, assisted applications, designated case responsibility, reasoned decisions, time-sensitive interim relief, secure digital coordination and voluntary follow-up. It concludes that Legal Services Authorities should be evaluated not only by the number of applications or awards processed, but by whether a victim can move through the justice system without avoidable confusion, delay or secondary victimization.
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References
1. The Constitution of India, Articles 14, 21 and 39-A.
2. The Legal Services Authorities Act, 1987.
3. The Code of Criminal Procedure, 1973, ss 357 and 357-A.
4. The Bharatiya Nagarik Suraksha Sanhita, 2023, s 396.
5. The Protection of Children from Sexual Offences Act, 2012 and applicable rules.
6. The Protection of Women from Domestic Violence Act, 2005.
7. The Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 and applicable rules.
8. Rajasthan Victim Compensation Scheme, as amended from time to time.
9. National Legal Services Authority, Compensation Scheme for Women Victims Survivors of Sexual Assault and Other Crimes, 2018, as amended.
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13. Delhi Domestic Working Women's Forum v Union of India (1995) 1 SCC 14.
14. Bodhisattwa Gautam v Subhra Chakraborty (1996) 1 SCC 490.
15. Ankush Shivaji Gaikwad v State of Maharashtra (2013) 6 SCC 770.
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17. Suresh v State of Haryana (2015) 2 SCC 227.
18. Nipun Saxena v Union of India (2019) 2 SCC 703.
19. Committee on Reforms of Criminal Justice System, Report (2003).
20. National Legal Services Authority, Manual for District Legal Services Authorities (2023).
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22. Rajasthan State Legal Services Authority, annual reports and victim compensation materials.
23. National Crime Records Bureau, Crime in India, latest available edition.
24. United Nations, Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985).
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