Victim Compensation for Rape Victims By: - Megha Mishra

Abstract

The Victims more often the sufferer of these incidents called as rape victims. Rape is one of those heinous crime which leaves the utmost after effect to the victim. And after such incidents the survivor of the rape feels that this the end of their life. Their whole life is ruined. The victims face many problems starting physical, psychological, behavioural to financial which is like add on burden to the victim which can be resolved and be a helping hand in the worse situation is called, Victim Compensation.

The National Legal Services Authority (NALSA) prepared a model for rules for victim compensation for rules for victim compensation for the sexual offences and assault and acid attacks in 20158 after the case Nipun Saxena v. Union of India. The Supreme Court advised them to create a schedule for the same.

The committee went through a lot of meetings to create chapters, schemes or sub- schemes within the victim compensation scheme for victims of sexual offences. Here, we also need to understand the true meaning of victim compensation find what are the grounds, who pays the compensation and etc. The Supreme Court also said that nothing can be taken from this scheme but the State government and the authorities can add other subjects in the scheme.

The women victim compensation fund is that fund segregated for distribution to the women victim, out of state victim compensation fund and central fund. These funds are provided to the females who have suffered any physical, mental injury because of any offence mentioned in this schedule including s.304B, 326 A, 498 A of IPC only for the case of physical injury mentioned in the schedule involving the attempts and abetments.

There is a fund named as women victims compensation fund from which the amount of compensation decided by Directive Legal Services Authority (DLSA) of by state legal services authority to the women victim or her related ones who have suffered any sort of problems as a result of the offence. In the scheme made in 2018 there is eligibility criteria mentioned for granting compensation.

The cases in which the victim gets compensation by other schemes under s.957 of Cr. PC shall be taken into consideration while deciding the amount in such application. Other than that the victims or her dependant are eligible for receiving compensation from multiple schemes to her.

The one who can have compensation for sexual offences the victim have to file the application. The application for compensation should be filed before the state legal services it can be done in offline mode or online on a portal. The respected secretary of DLSA decides and move them according the scheme.

Factors important to be considered for scheme

There are some factors that need to consider while giving compensation such as gravity of the offence, how much physical injury the victim has suffered and the other expenditures that have incurred. Expenditures include medical treatments for both physical and mental injury, her funeral, travelling expenditure, the travel, and any sort of investigation.

The compensation is given basically on the grounds on how much the victim has suffered on all the fronts whether it is related to her injury, her loss of education, job or she have contracted with a person having STD or HIV  as a result of the offence.

How compensations are rewarded?

The compensation of whatever amount she has been awarded a copy of its order passed under the foresaid scheme should be persecuted. On record for the trial so that it can be executed in an appropriate order for compensation under s.357. In this scheme it is clearly mentioned it is not only for minor victims suffered under POSCO Act, 2012. It also add saying there is nothing except in the scheme of 2018 which shall prevent from filing any suit specifically civil in nature or claim against committers of any offence or any person who is directly or not directly connected.

In 2018 the Supreme Court said that it is necessary for the accused to give compensation to the victim of ₹4 lakh and not less than that and if the victim has faced any more loss then ₹5 lakh and not less than that. The compensation is mostly given by the accused as ordered by the court so that they can continue with their life endeavours and it becomes a bit easier on the financial grounds.

In the case where the accused is self-insufficient to give the compensatory amount then the court may ask him to sell his property or the valuable of his or his family so that they compensate the loss incurred to the victim.

Contradictory Conclusions

It seems very impossible to back up the whole situation of rape victims with compensation provided to them, it does not matter that how many money you give but the wound which is left with the rape victims can never be vanished or swept away the pain they had. Compensation is necessary but it is not enough which can be provided to any victim out there. And we should accept the fact that nothing can heal the pain they have suffered because of the sexual offences. Secondly that need to be pointed is that women aren’t the only one who are victims of sexual offences there are men too maybe in a minimal amount but it still occur so we need to come with some scheme so that it can also help the men victims.