During the delivery of the third Soli Sorabjee memorial lecture titled ‘Human Rights and its Development in India’, Justice surya kant remarked that India has established an extensive array of rights for victims through the Code of Criminal Procedure (CrPC) and judicial precedents.
NEW DELHI: (On 7th May): Justice Surya Kant of Supreme Court commended India’s early recognition and discussion of victims’ rights compared to other nations. He emphasized that the Indian legal system, through the Code of Criminal Procedure (CrPC) and judicial precedents, has established a comprehensive set of rights for victims.
Senior advocate and former SCBA president Rakesh Khanna also addressed the gathering.
During the delivery of the third Soli Sorabjee memorial lecture titled ‘Human Rights and its Development in India’, he remarked that India has established an extensive array of rights for victims through the Code of Criminal Procedure (CrPC) and judicial precedents.
Soli Sorabjee, a former Attorney General and renowned constitutional law expert, passed away on April 30, 2021, due to complications from COVID-19. Aged 91, Sorabjee had held the position of Attorney General for India from 1989-1990 and later from 1998-2004.
Justice Surya Kant highlighted India’s progressive stance on victims’ rights, dating back to the landmark Delhi domestic working women’s forum case in 1994. The Supreme Court issued parameters to assist rape victims, including legal representation, protection of anonymity, and support from local police stations. These measures preceded similar developments in countries like the United States, which enacted the Crime Victims Rights Act in 2004.
Justice Surya Kant emphasized the integral role of human rights in Indian culture and the global discourse surrounding it, cautioning against a one-size-fits-all approach and advocating for flexibility to suit the diverse needs of the world.
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“India, however, showcased one of its earliest initiatives in addressing victim rights, exemplified by the Delhi domestic working women’s forum case in 1994. In this landmark case, the apex court issued parameters aimed at assisting rape victims, including provisions for legal representation, protection of anonymity, and assistance from the police station,” he added.
“Both through statutory provisions and judicial interventions, concerted efforts have been made to enhance women’s safety, provide compensation for the rehabilitation of crime victims, and establish guidelines regarding their participation in criminal proceedings,” he remarked.
Justice Surya Kant emphasized the intrinsic role of human rights in Indian culture since the inception of the nation, emphasizing their status as the highest moral principles and political ideals to which nation-states should adhere.
“In contemporary discourse, some jurists often depict human rights as a Western gift to the rest of the world. There’s a prevalent notion that the imposition of international human rights treaties reflects cultural imperialism, reminiscent of the colonial pursuits of Western nations in the past,” he added.
The apex court judge highlighted the significant strides made, particularly for victims of domestic violence and sexual assault, through expansions in the legislative framework such as the Prevention of Women from Domestic Violence Act of 2005.
Justice Surya Kant suggested that there might be a “personal need” for the West to point out the deficiencies in the current human rights framework in the developing world.
“he continued, “instead of advocating for a universal approach, we should adopt a more flexible stance, tailored to meet the needs of an ever more diverse global community.”
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The senior judge emphasized that human rights are not static but rather evolve with the “winds of change in the post-constitution era.”
The Supreme Court played a vital role in expanding fundamental rights and incorporating the principles outlined in the Directive Principles of State Policy into human rights practices. Through progressive judicial interpretations, a wide array of human rights has emerged in India. These include the right to a speedy trial, the right to free legal aid, and even the Right to die with dignity.
