“JUDICIAL ACTIVISM AND THE EVOLUTION OF VICTIM’S RIGHTS IN INDIA: AN ANALYSIS OF LANDMARK SUPREME COURT JUDGMENTS”

AUTHOR – RIYA TIWARI* & DR. MUDRA SINGH**

* LL.M (CRIMINAL LAW), AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF LAW, AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – RIYA TIWARI & DR. MUDRA SINGH, “JUDICIAL ACTIVISM AND THE EVOLUTION OF VICTIM’S RIGHTS IN INDIA: AN ANALYSIS OF LANDMARK SUPREME COURT JUDGMENTS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 767-774, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Indian criminal justice system traditionally focused on the rights of the accused, often overlooking the concerns and interests of victims. Over the years, however, the judiciary particularly the Supreme Court of India has played a crucial role in transforming this approach through judicial activism. This research paper examines how judicial activism has contributed to the recognition and expansion of victims’ rights in India by analyzing landmark Supreme Court judgments. Through progressive interpretation of constitutional provisions, especially Articles 14, 19, and 21 of the Constitution of India, the Court has strengthened the principles of fairness, dignity, and access to justice for victims. Decisions such as Maneka Gandhi v. Union of India, Bodhisattwa Gautam v. Subhra Chakraborty, Delhi Domestic Working Women’s Forum v. Union of India, and Laxmi v. Union of India have significantly advanced victim compensation, legal assistance, protection, and participation in criminal proceedings. The judiciary has also emphasized the State’s responsibility to ensure restorative justice through mechanisms such as victim compensation schemes and victim-friendly procedures. Furthermore, judicial activism has encouraged legislative reforms, influencing provisions in the Code of Criminal Procedure, particularly Section 357A concerning victim compensation. This study critically analyzes these judicial developments to understand how the Supreme Court has reshaped the victim-centric approach within the criminal justice system. It argues that while judicial activism has been instrumental in promoting victims’ rights, challenges such as implementation gaps, lack of awareness, and procedural limitations still remain. The paper concludes that judicial intervention has been a driving force in evolving a more humane and balanced criminal justice system in India that recognizes the rights, dignity, and participation of victims.

Keywords: Judicial Activism, Victim’s Rights, Supreme Court of India, Criminal Justice System, Victim Compensation, Access to Justice, Human Rights.