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Compensation for rape victims

‘Compensate rape victims’:Supreme Court

TIMES NEWS NETWORK 25/04/2013

The Times of India

New Delhi:Victims of sexual assault need a completely different treatment than what is meted out to them by society and state authorities, the Supreme Court has said and ordered all states to implement its 18-year-old directive.

The 1995 judgment of the apex court had directed setting up of Criminal Injuries Compensation Board and said it could take up the task of determining the amount to be paid by the offender to rape victims who incur huge financial loss apart from carrying the unwarranted stigma.

“The board shall take into account the pain, suffering and shock as well as loss of earnings due to pregnancy and the expenses of child birth if this occurred as a result of rape,” the court has said in Delhi Domestic Working Women’s Forum case.

Reiterating the guidelines, a bench of Justices B S Chauhan and F M I Kaliffulla said, “Undoubtedly any direction issued by this court is binding on all the courts and all civil authorities within the territory of India.” While dealing with a rape case from Madhya Pradesh, the bench accepted arguments of Vibha Datta Makhija and upheld the HC’s decision to reverse the acquittal of one Dilip who was accused of rape.

The lack of sensitivity shown towards the rape victim by the prosecution and the trial court anguished the bench and said that the 18-year-old directive asking the prosecution and states and Justices Chauhan and Kalifulla decided to add more norms to the guidelines.

Compensate rape victims in 2 months, Bombay HC tells state govt

Rosy Sequeira, TNN | Jul 26, 2013

The Times of India

MUMBAI: The Bombay high court on Thursday granted a state government request for two months to implement a scheme to compensate rape and sexual assault victims but reminded it that such incidents were increasing. The HC said the government "cannot take its own sweet time' and delay its implementation.

A division bench of Justices S C Dharmadhikari and S B Shukre heard a public interest litigation by the Forum Against Oppression of Women to direct the government to constitute a victim compensation fund mandated by the Supreme Court to states in 1995. The principal secretary (women & child development) appeared in court after the judges, at a previous hearing, were miffed when told there were no funds to rehabilitate victims.

Assistant public prosecutor Prajakta Shinde sought time as the proposal was pending before the home department since July 16. "At this rate, you will want months together. How long should anybody wait?' said Dharmadhikari. "Does the cabinet not meet during the assembly session? Is it not possible for the cabinet to take advantage of placing it before the assembly? For such ameliorative measures, who is going to say no?' he said.

The judges expressed "surprise' that even after "an officer as high as the chief secretary" held a meeting, the process to obtain comments and approval of other departments was initiated.

"The chief secretary, after convening a meeting, does not get departmental approval? You must impress upon people who are part of the welfare state. Such incidents are increasing. You cannot take you own sweet time,' Justice Dharmadhikari said.

Shinde sought two months to implement the scheme. "It will be taken up on priority,' she said. The petitioner's advocate, Vijay Hiremath, said accounts had been opened in May but after that no action was taken. Dharmadhkari riposted, "If there is a scheme in place, let it start. We must not start the process of finding fault. As citizens we must show concern for victims." The judges said the state must show a "sense of urgency in formulating and implementing schemes to offer solace to victims".

They said that at least now the state must show concern and respond to the needs of victims so that they have support in their battle for justice. They said the scheme was expected to be in place by the next hearing in eight weeks and added that there will be no extension.

Delhi Victims Compensation Scheme

Post-Nirbhaya scheme not paying off

Sana Shakil New Delhi:

TNN

The Times of India Jul 01 2014

Only 483 Of 3,000 Cases Referred For Relief In 2 Years; Fund Disbursal Slow

More than two years after the Delhi Victims Compensation Scheme was put in place for providing timely financial assistance to survivors of sexual abuse and other cases of assault, the scheme has not been able to serve the purpose. The authorities are taking several months and, in some cases, even years to give interim compensation when ideally the amount should be disbursed in a month or two.

Out of more than 3,000 assault cases registered from April 2012 to April this year, police informed Delhi State Legal Services Authority only in 483 cases. This is a sorry situation as DSLSA cannot award compensation till the case is recommended by police. Thereafter, DSLSA conducts an inquiry to decide if the case is fit for compensation before offering monetary relief. Of the total cases referred to it, DSLSA awarded compensation in 304 cases. Statistics indicate that the cops are not the only ones at fault as quite often, the survivors are deprived of timely interim relief as the files get stuck with the divisional commissioner, who is responsible for disbursing funds. The Delhi government official tends to be overloaded and release of funds is not given priority . Of the 304 cases, the divisional commissioner had given out money in only 75 cases during the two years. The government has spent only Rs 2,06,02,000 of the Rs 15 crore allotted since the launch of this scheme in February 2012. In compliance with Article 357A of the CrPC, the Delhi government had notified the scheme for compensating survivors or their dependants who suffered loss or injury as a result of sexual crimes and other offences.

Sources say lack of awareness among the police, lawyers and victims about their right to be compensated under the scheme is a major reason for the inefficient implementa tion. Involvement of multiple agencies--the cops, DSLSA and divisional commissioners --leads to back and forth as no one takes responsibility. What is striking is that this long-drawn-out procedure is in contravention of guidelines by the Supreme Court and the Delhi high court, which have time and again insisted on immediate help, preferably within two months. In March, HC had made it clear that the divisional commissioner should not take more than two weeks to allot the sum. DSLSA had then informed the court that it was disposing of the matter within a month but on average, the government was taking four to six months.

NGOs helping in rehabilitation and senior DSLSA officials suggested a one-window facility to save time. Yogesh Kumar, programme coordinator at NGO Pratidhi, which is managing the government's crisis intervention centre in east Delhi, said that if DSLSA can take up cases suo motu, the scheme would be effective. “DSLSA had once suggested to the court that it can be made the funding authority for timely disbursal,“ said a DSLSA official.

The delay leaves girls like the 5-year-old, allegedly raped by an acquaintance in July last year, at the receiving end. Despite an order from DSLSA in April, she is yet to get any relief.

“I am a security guard and the sole breadwinner of my family , which includes my wife, Kusum, a son and my parents. I also need to pay for Kusum's treatment. It's been almost a year and I'm yet to get relief. I have been to the divisional commissioner's office thrice but have not got any clear answer,“ said the girl's father. Another survivior, a 13-year-old girl allegedly raped by her neighbour in March 2012, also doesn't know about the relief.

There are many more in dire need of timely help.

See also

Age of consent Crimes against women: India Juveniles, benefits and privileges of Juvenile delinquency in India Especially the section 'Rape by juveniles' Premarital sex

Other articles about rapes in India

Rapes in India Rapes in India: court verdicts Rapes in India: the legal position after 2013 <>Rapes in India: Compensation and help for survivors