The Supreme Court, in a judgement last week, observed that no amount of money can restore the dignity and confidence that an accused takes away from a rape victim. “No amount of money can erase the trauma and grief the victim suffers. But the aid (compensation) can be crucial in the aftermath of a crime,” the judgement, inked by Justice M Y Eqbal, said.
The top court also asked States and Union Territories to consider formulating a scheme to award a compensation of at least Rs 10 lakh to victims of rape who are physically handicapped. The Goa Government has already made such a scheme.
Though the Jharkhand Government, at the initiative of Jharkhand State legal Services Authority (JHAlSA), took a baby step in this direction on January 23 this year only, but the move appears to be proving a succor for the victims and their families.
Case studies of some of the victims who got compensation have shown that the compensation has ignited, to some extent, among them a desire to lead a dignified life.
For example, parents of six-year old Shamima (name changed), a victim of her neighbour’s lust, have said that they would spend the Rs 20,000 compensation on her education. Similarly, parents of 14-year adivasi girl Reeta (name changed), sexually assaulted by her two classmates, have said they would spend the amount to get her married.
Apparently, enthused with the success of the first-ever initiative, JHAlSA, is once again holding a workshop at Nayay Sadan on ‘victim emancipation through compensation’ where around 70 victims of various heinous crimes will get the compensation. Justice Dipak Misra and Justice A K Goel of the Supreme Court will be present on the occasion.
The Central Government had introduced a provision to compensate the crime victims by amending Section 357 of Criminal Procedure Code (Cr PC) way back in 2009. However, the Jharkhand Government took three years to notify the scheme in the State. And, the victims got the compensation first time on January 23 this year.
The change in the approach of the government was attributed to the fact that the criminal laws were heavily focused on how to ensure punishment to the perpetrators of law but victims, particularly poor ones, were left to in the lurch.
Conservative and patriarchal attitudes mean victims of sexual assault are often shunned by their families and communities and blamed for the violence perpetrated against them. Many are ostracised from their homes and cannot afford the legal fees to fight for justice.
The DlSA has identified some 88 juvenile rape victims of the cases registered in Ranchi under Protection of Children from Sexual Offences (POSCO) Act, formulated in 2012 in order to effectively address the heinous crimes of sexual abuse and sexual exploitation of children.
JHAlSA Member Secretary Navneet Kumar said that Rs 25 lakhs were distributed as compensation to victims tormented by criminals in 41 rape cases, 21 murder cases and 29 POCSO cases in the first phase on January 23, while another sum of Rs 39 lakh will be handed over to at least 70 victims on Saturday.