Please - Odhikar

� (b) The family, in particular dependants of persons who have died or become physically or
mentally incapacitated as a result of such victimization.
6. Victims should be informed of the availability of health and social services and other relevant
assistance, and be readily afforded access to them.
Hence, there is a need, in accordance with the principles developed by Indian Courts and
international human rights bodies, for a national policy addressing all the issues relevant to the
victim's interest for his/her monetary and psychological support.
Justice Delayed is Justice Denied
Mass Crimes in India : A Challenge to Our Democracy
By Teesta Setalvad*, India
Indian pluralism and diversity has thrived and survived despite the severe challenges of the
past century. While these challenges have been of various kinds, economic, social and
political, it is the response of our democratic system to these that will ultimately provide an
accurate assessment of whether or not our institutions and wings of democracy are geared for the
maximum good of the maximum number; of whether real democracy in any sense has evolved
in India after we became independent; whether our Structures of Democracy and our Institutions
have truly evolved structures and systems that address the needs of the Indian people. Electoral
democracy we have but do we have democracy in the real sense? Have the structures and
institutions of democracy been genuinely democratised?
The pathetic and low rate of justice delivery in our criminal justice system is one area that has
suffered from systemic and value based failure. While at many times of larger crises like
communal or caste pogroms the judiciary is perceived as the last resort or final saviour, the huge
backlog of cases that clog our courts and the utter failure of the judiciary to effect time bound
trials (criminal trials could drag on 10 years and a civil suit to 25 years) has made a mockery of
the justice delivery systems.
Witness vulnerability and protection has become a live national issue once again with the
unfortunate turnaround of Zahira Shaikh in the BEST bakery case. But if we rise above the
personality and look at the issue, what does this once again tell us? The desire for justice and
retribution, for a victim and eye witness to a ghastly and horrendous mass crime -where near
and dear ones have been snatched away because of their community or caste-is and can remain
strong if we have an effective justice delivery system, if the system aids and supplements every
human beings desire to right wrongs that have been committed. But if the system makes a
mockery of the tragedy, drags cases on (what has happened to the 1984 prosecutions is a case in
point) can ordinary eyewitnesses and victims actually be expected to have the same zeal for right
and retribution 10, 20 years on? They need emotional closure and need to move on. The system
needs to radically reform itself so that we can proudly say that justice delivery and the rule of
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Report 2005