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Restorative justice to the victims of terrorism in the criminal justice system of India

Meher, Sumanta and Shukla, Gaurav (2018) Restorative justice to the victims of terrorism in the criminal justice system of India. International Journal of Humanities and Social Science, 12 (8). NA. ISSN 2319-3948

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The torments of the victims of terrorism have not only confined to loss of life and limp but also includes thephysiological trauma to the innocent victims. The physical wounds may heal, but the trauma remains in the mind and heart ofthe victims and their loved ones; however, one should not deny that these terrorist activities affect to a major extent to theirlivelihood. To protect their human rights and restore the shattered lives of the victims of terrorism all the Nations beyond theirdifferences have to show solidarity and frame a comprehensive restorative policy with an effective implementing mechanism.The General Assembly of United Nations, through its several resolutions, has appealed Nations to show solidarity and alsocommitted to helping the Members State to frame the law and policy to support the victims of terrorism. To achieve theobjectives of the resolutions adopted by the United Nations, the Indian legislators in 2008 amended the Code of CriminalProcedure, 1973 and incorporated Section 357A to provide financial assistance to the victims of terrorism. In India, thecontemporary developments in the victims’ oriented studies have increased the dimension of the traditional criminal justicesystems to protect the rights of the victims. In this regard, the paper has ascertained the Indian legal framework in respect tothe restorative justice to the victims of terrorism and also addressed the question as to whether the statutory provisions andenforcement mechanisms are efficient enough to protect the human rights of the victims of terrorism. For that purpose, thepaper has analyzed the International instruments and the reports with regard to the compensation to the victims of terroristattacks, with that, the article also evaluates the initiatives of United Nations to help Members State to frame the law andpolicies to support the victims of terrorism. The study also made an attempt to critically analyze the legal provisions ofcompensation and rehabilitation of the victims of terrorist attacks in India and whether they are in alignment with theInternational standards. While concluding, the paper has made an endeavor for a robust legal framework towards therestorative justice for the victims of terrorism in India.

Item Type: Journal Article
Subjects: K Law > K Law (General)
Divisions: School of Law and Social Sciences (SoLaSS)
Depositing User: Ms Shalni Sanjana
Date Deposited: 23 Jun 2022 22:59
Last Modified: 23 Jun 2022 22:59

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