Rapes in India: Compensation and help for survivors
Compensation for rape victims
‘Compensate rape victims’:Supreme Court
TIMES NEWS NETWORK 25/04/2013
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
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.
