LAW RESOURCE INDIA

Court’s rider and relief for rape victims

By Naziya Alvi in New Delhi IN MAIL TODAY

A DAY AFTER five rape cases were reported within a span of 48 hours in the Capital, the ministry of women and child development came up with a scheme to compensate the victims by providing them financial assistance up to ` 3 lakh.The scheme was announced after the Delhi High Court rapped the central and the state governments for the delay in setting up a compensation scheme for rape victims. The court ordered the implementation of the scheme within the next six weeks.

Under the scheme, if a rape case is prima facie made out, the victim will receive an interim financial assistance of ` 20, 000 within 15 days. After giving due consideration to the physical injury and emotional trauma faced by the victim, she will be provided with further financial aid up to ` 50,000.

However, in view of the rampant trend of rape victims turning hostile or going missing after lodging the FIR, the major chunk of the compensation amount— ` 1.30 lakh — will be handed over to the victim only after she makes the final deposition before the court.

The scheme has fixed the compensation amount for victims at ` 2 lakh, but can it be enhanced up to ` 3 lakh if the victim is a minor, differently- abled, mentally challenged or in any other case where the designated authority finds it necessary.

The scheme, prepared with the assistance of NGOs, lawyers and activists, aims at providing psychological, medical and legal assistance to the affected woman. It also has the provision to provide counselling support to the victim, including her spouse if the affected woman is married.

Depending upon their needs, the victims will also be provided various support services such as educational and vocational training so as to help them overcome the trauma and lead an independent life.

A Criminal Injuries Relief and Rehabilitation Board will be set up at the district, state and national level for the implementation of the scheme. The announcement of the scheme on Wednesday evoked mixed responses from social activists, lawyers and academicians.

“ I think it will lead to so much ugliness. My concern is that the government promises a lot but its delivery mechanism is so poor that everything becomes either a farce or a source of corruption,” social activist Madhu Kishwar said.

“ What a woman needs more than anything else is swift, speedy and dignified judicial process and a police station that works lawfully. What is most worrisome is how they will ensure that the compensation reaches the victim,” she added.

“ The Supreme Court, while pronouncing the judgment in the Delhi Domestic Workers Association case in the early 90s, had directed the government to formulate a similar scheme.

They should have ideally done it within a year. The fact that they have not done it till date shows the intent and prioritisation of the government and the bureaucrats towards women’s issues,” Meenakshi Lekhi, a Delhibased advocate, said.

Yasmeen Abrar, chairperson of the National Commission for Women, said she was happy that the government finally came up with such a scheme. “ However, we feel that ` 2 lakh is not a sufficient amount and should be increased to at least ` 5 lakh,” Abrar said. But for some, the scheme is just an eyewash. “ Compensation is meaningless so long as the guilty are not punished.

Rape is not an accident where a money claim will heal the wounds,” a rape victim said.

INTERIM ASSISTANCE

20,000 will be given to the victim in the event a rape case is prima facie made out. The district board shall order the assistance as far as possible within 15 days and, in any case, not later than 3 weeks from the date of receipt of the application ` 50,000 is the maximum amount the victim will receive as further aid after giving due consideration to the physical injury and emotional trauma faced by her

FINAL ASSISTANCE

1.3 lakh will be given to the victim as final assistance within one month from the date on which the victim gives her evidence in the criminal trial or within one year from the date of receipt of the application in cases where the recording of evidence has been unduly delayed for reasons beyond her control

ENHANCEMENT OF AID IN SPECIAL CASES

3 lakh is the enhanced compensation an affected woman will be entitled to if she

  • is a minor
  • is mentally challenged or differently abled
  • is infected with STD, including HIV/ AIDS as a consequence of rape
  • gets pregnant
  • in case of severe physical and mental ailments
  • any other ground as may be deemed fit by the board

WHEN CAN THE BOARD REJECT THE CLAIM?

  • Avictim’s claim can be rejected under the following circumstances
  • she fails to inform, without delay, the police or any other appropriate authority about the incident
  • she fails to give reasonable assistance to the board in connection with the application
  • the FIR is filed so late that it is difficult to verify the facts of the case
  • she turns hostile during the trial
  • the case appears to be collusive in nature
  • bona fides of the victim are suspect, such as in a case involving solicitation, and not based on verifiable facts
  • case is of elopement of girls above 16 years of age

WHO MAY APPLY AND BY WHEN?

An application for financial assistance and support services has to be filed within 60 days from the date of recording of the FIR either by the victim or by any person/ organisation/ department/ commission on her behalf, with the application duly signed by her

WHERE THE AFFECTED WOMAN IS:

A minor: By her parent/ guardian . Mentally ill or is mentally challenged: By the person with whom she normally resides or a duly authorised medical officer of the institution

ON THE DEATH OF THE AFFECTED WOMAN:

by her legal heir( s) . Where the application is filed after 60 days, the board may condone such delay where it is satisfied with the reasons for the same.

http://epaper.mailtoday.in/epaperhome.aspx?issue=772011

One Response

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  1. mmm said, on July 9, 2011 at 13:23

    All this is bullshit….girls have started using this for making money, whereas actual cases go unreported


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