Rapes in India: Compensation and help for survivors
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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 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.
Air fare, lodging etc. expenses to be reimbursed
Abhinav Garg, Change re-evaluation norms for CBSE: HC, Feb 5, 2017: The Times of India
No Cap, Students Can Opt For All Subjects
In an important verdict, the Delhi high court has struck down the Central Board of Secondary Education's selective re-evaluation policy that restricted students from availing the option in just 10 subjects and 10 questions per subject.
Spelling relief for students, a division bench comprising Chief Justice G Rohini and Justice Sangita Dhingra Sehgal termed the restrictions as “eccentric“ and said students can now seek re-evaluation in all subjects.
“It is rather eccentric to first provide for the facility of re-evaluation to the candidates and thereafter put unreasonable restrictions. The board cannot afford to ignore individual claims of re-evaluation at its whims or fancy , by merely `pick and choose' of subjects or number of questions,“ the bench observed while ruling in favour of two students.
The board had introduced a rule in its examination scheme to allow students to apply for re-evaluation, but restricted the number of questions and the subjects to be re-evaluated. By way of a notification in May 2015, CBSE brought out these rules after amending the by-laws, which the court found to be “manifestly unjust, unreasonable and partial“.
Pointing out the pitfalls of CBSE continuing with such a rule, the bench observed that it “would lead to discontentment and frustrations if the students who put in a lot of effort do not get the results they expect“ adding that “it should be the students' prerogative to get their answer sheets re-evalua ted in order to ensure proper assessment is done“.
In the process, the court upheld two separate single-judge verdicts. In one a single judge had faulted CBSE for allowing just 10 questions for re-evaluation, while the second bench ordered it to re-evaluate a student's physical education theory paper, despite the board claiming that PE is not covered under its subjects where re-look is permitted.
The board argued before the division bench that it sto res lakhs of copies after the examination, as many students apply for re-evaluation. Defending its restriction on number of questions and number of subjects, CBSE maintained it had to exercise some discretion, else will be flooded with such requests. It even cited certain Supreme Court judgments, to bolster its argument that it has the power to deny reevaluation of answer sheets.
However, the HC rejected its stand and noted that administrative difficulties of the board can't over-ride the future of a candidate.
CBSE had decided to scrap the re-evaluation of class XII answer sheets in 2016 and the court order is a setback. In 2014 it introduced re-evaluation in eight subjects, which it extended to 10 in the subsequent year, becoming the only board to facilitate this service.
There is a three step process wherein the student first needs to apply for recounting of marks if in doubt and thereafter he she can ask for the photocopy of the evaluated answer sheets. If not satisfied, the third step is re-evaluation of the answer sheet. All the three steps are linked and a student can't ask for re-evaluation without following the preceding two steps.
Children born out of rape
Child born out of rape entitled to relief as well: HC
Dec 14 2016: The Times of India
A child born out of rape is entitled to compensation, independent of any such relief granted to the mother, the Delhi high court has ruled. The verdict to this effect, in which a man has been sent to jail for his entire “natural life“ for raping his minor step-daughter, was delivered after the court noted that there was no such provision under the Protection of Children from Sexual Offences (POCSO) Act or under the Delhi government's victim compensation scheme.
A bench of Justice Gita Mittal and R K Justice Gauba said a child born out of rape, either of a minor or a woman who is an adult, “is clearly a victim of the act of the offender and entitled to compensation independent of the amount of compensation paid to hisher mother“.
This “vacuum“ in the law came to the court's attention when it was hearing the appeal of a man convicted for raping his minor step-daughter.
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.
Higher compensation
Rape survivors to get higher compensation
Sana Shakil New Delhi:
TNN
The Times of India Jul 01 2014
The city government and its various departments have finally approved the changes made to the Delhi Victims Compensation Scheme, 2011, aimed at speedy compensation for survivors of rape and other cases of assault. The suggestions, which included greater compensation for victims, were made after the Nirbhaya case but the files kept moving from one department to another.
The government had agreed to amend the scheme about two years ago but the departments of law, finance as well as woman and child development have given the clearance only now. “The no tification will be issued soon,“ said a senior official at Delhi State Legal Services Authority, which looks into the legal aspects of compensation.
Under the comprehensive compensation scheme, the amount has been enhanced for victims of rape, acid attacks, trafficking, child abuse and kidnapping. The maximum relief for rape victims has been increased from Rs 3 lakh to Rs 5 lakh. To rehabilitate survivors of sexual assault and other crimes, there will be sub-categories of gang rape and unnatural sexual assault. Earlier, gangrape survivors were not treated separately. Now, Rs 7 lakh has been fixed as the maximum compensation while Rs 3 lakh is the minimum relief.
Cases of unnatural sex ual assault will also be treated separately and will be considered for a compensa tion between Rs 2 lakh and Rs 5 lakh. In case of death, the maximum amount to be given as compensation has been increased from Rs 5 lakh to Rs 10 lakh.
Relief for other injuries has also been increased by Rs 1 lakh-2 lakh. Survivors of acid attacks and burning will be compensated based on the nature of injuries. The amended scheme has also added a new provision for acid attack cases to ensure prompt assistance for treatment of burns and other injuries. The survivors will now receive Rs 1 lakh within 15 days of the matter being reported to the sanctioning authority, DSLSA, which has one week to award interim compensation.
SC: Hike aid to rape survivors
The Times of India, Feb 12 2016
AmitAnand Choudhary
Hike aid to rape survivors up to Rs 10L, SC to states
In a significant decision to provide succour to rape survivors, the Supreme Court asked states and Union territories to frame rules to grant compensation of up to Rs 10 lakh to women subjected to sexual exploitation. At present, different state governments grant varying amount as compensation to rape survivors ranging from maximum Rs 10,000 in Odisha to Rs 10 lakh in Goa. Maharashtra is the only state which has not framed rules for compensation as per Section 357A of the Cri minal Procedure Code.
A bench of Justices M Y Eqbal and Arun Mishra said the governments should also frame special rehabilitation packages for rape survivors who are minor or physically challenged to help them get over the trauma.
It said there must be a uniform scheme for relief and rehabilitation of rape survivors and directed the states to frame policies on the lines of Goa.
“After perusal of victim compensation schemes of different states and UTs, it is clear that no uniform practice is being followed in providing compensation to the rape victim for the offence and or her rehabilitation. This practice, of giving different amounts... as compensation, needs to be introspected by states and UTs. They should consider and formulate a uniform scheme specially for the rape victims in the light of the scheme framed in Goa,“ it said.
The court passed the direction while coming to rescue of a visually challenged rape survivor who was molested 20 years back and later deserted by her family members. Now the 37-year survivor lives alone in a village in Durg district of Chhattisgarh with no one to look after her and on a disability pension of just Rs 300 per month granted by the state. The court directed the state to pay Rs 8,000 per month to the survivor for the rest of her life.
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<> Rape definitions unique to India<> Rapes in India: the legal position after 2013 <>Rapes in India: Compensation and help for survivors <>Rapes in India: annual statistics
