Thousands of crime victims can hope for financial succor from the court as well as the State Government now. The district courts as well as the State Government have woken up to think beyond retributive justice and extend financial support to victims as well under the Victim Compensation Scheme, which has remained confined to the rule book for last six years despite a nudge from the Supreme Court twice.
Jharkhand State legal Services Authority (JHAlSA) and the State Government will hold a brainstorming session to educate the judicial and administrative officers on January 23 as how to recompense the victims, particularly of heinous crimes who knock the door of the courts for justice.
The day-long session is to be attended by Supreme Court judge A R Dave, who happens to be the Executive Chairman of National legal Services Authority (NAlSA), besides, Jharkhand High Court Chief Justice Virender Singh, JHAlSA Executive Chairman D N Patel, the Home Secretary, DGP, district judges, deputy commissioners and public prosecutors of all the districts.
The Cente had introduced a provision to compensate the crime victims by amending Section 357 of Criminal Procedure Code (Cr PC) way back in 2009. 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 crime rather than ensuring relief to victims, particularly poor ones, who were left in the lurch.
The Jharkhand Government took three years to notify the scheme in the State. It took another two years to notify the rules to give one third of the remuneration earned by a convict during imprisonment in jail to the victims or their families. In Birsa Munda Central Jail alone, a fund of Rs 1.54 crore was available but it was not being utilised.
The State legal services authority and District legal Services Authority are mandated to decide the quantum of compensation to be awarded to the victim under the scheme.
Also, the trial courts have been mandated to recommend for compensation, if at the conclusion of trials they are satisfied that compensation awarded under the scheme is not adequate or where the case ends in acquittal or discharge and the victim has to be rehabilitated.
Incidentally, the trial courts and DlSAs rarely invoked the provision to compensate the victims. The State Government also did not allocate adequate funds in the annual budget for the scheme.
Taking the lead, Ranchi District legal Services Authority (DlSA) assisted the victims of Mandar witchcraft case, lodged on August 24 last year, apparently for the first time in the State, to file applications for compensation under the scheme.
The DlSA has identified some 88 juvenile rape victims of the cases registered in Ranchi alone 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. Justice Dave will hand over cheques to at least 50 such victims at the function. A minor rape victim or her dependent is entitled to get Rs 50,000 under the compensation scheme.
“The fund will not be a problem, as the Central Government, under Nirbhaya scheme, has allocated Rs 200 crore and the State government can always get the reimbursements for the payment they make under the scheme,” pointed out a judicial officer.