25, Apr 2019
Prelims level : Polity & Governance Mains level : GS-II Governance, Constitution, Polity, Social Justice and International Relations
Why in News?
- Compensation for Bilkis Bano underlines the state’s obligation for horrific crimes
- Compensation to victims is a relatively less recognised component of criminal justice.
- Compensation to victims is a relatively less recognised component of criminal justice. In a system that focusses mainly on the accused, an order of compensation is a recognition of the state’s obligation to victims of crime, especially horrific acts.
- In ordering the Gujarat government to pay ₹50 lakh to Bilkis Yakoob Rasool Bano, a gang-rape survivor of the 2002 communal pogrom in the State who has bravely fought her case, the Supreme Court has endeavoured to achieve restitutive justice.
- Handing over the fine amounts paid by the accused as part of their sentence is one aspect of such justice; another aspect is for the court to ask the government to compensate the victim from its own coffers.
- A group of rioters had raped her as well as two other women, and killed seven members of her family at Randhikpur village on March 3, 2002. The court noted that she had the misfortune of witnessing her daughter being smashed against a wall, as well as the devastation suffered by her family. She was also pregnant at the time of the incident.
- It is in these circumstances that the Bench headed by Chief Justice of India Ranjan Gogoi awarded her ₹50 lakh, besides asking the State government to provide her with a government job and a house.
- Ms. Bano’s case is indeed a rare one: criminal prosecution resulted in conviction and life sentences to 11 persons. Further, the court found deliberate inaction on the part of some police officers and that the autopsies were perfunctory and manipulated. The Supreme Court has asked for the pension benefits of three police officers to be withdrawn.
- In short, this is a concrete instance of state inaction and negligence that would normally justify the payment of a hefty compensation. Not every crime would have a similar set of circumstances.
- While convictions are not easy to come by in cases of mob violence, victim compensation may often be the only way to ensure some justice.
- The Code of Criminal Procedure was amended in 2008 to insert Section 357A under which every State government has to prepare a scheme to set up a fund from which compensation can be paid to victims of crime and their dependants who have suffered loss and injury and who may require rehabilitation.
- The Centre has a Central Victim Compensation Fund
- On Supreme Court directions, the National Legal Services Authority has prepared a compensation scheme for women victims and survivors of sexual assault and other crimes. Many States have notified schemes on these lines. While on paper there is a mechanism to assess rehabilitation needs and pay compensation, there is a need to streamline the schemes and ensure that the compensation process is not done in an ad hocmanner, but is based on sound principles.
Victim compensation fund
- The compensation part of the rehabilitation of victims of violence including rape is governed by provision of Section 357A of the Code of Criminal Procedure which states that every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim of crime.
- So far 24 states and 7 UTs have formulated the Victim Compensation Scheme.
- The government has introduced a Central Victim Compensation Fund (CVCF) scheme, with an initial corpus of Rs 200 crores, to enable support to victims of rape, acid attacks, human trafficking and women killed or injured in the cross border firing.
- Till now, there has been an absurd disparity in compensation amount paid by state governments varying from Rs 10,000 to Rs 10 lakh.