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Supreme Court directs States to have a Uniform Victim Compensation Scheme, Read Judgment

Victim Compensation
Victim Compensation

February,11,2016: Division Bench of the Supreme Court has directed the State Governments to formulate Uniform Schemes for the Victims of Sexual Assaults.

The SC Bench comprising of Justices MY Eqbal and Arun Mishra heard an Appeal of conviction under S.376 IPC. Upholding the Conviction, Court examined the question as to ‘whether in the facts and circumstances of the case the prosecutrix is entitled to victim compensation and, if so, to what extent?’

The victim in the matter was a blind and illiterate girl, who was subjected to sexual intercourse on the promise of marriage. The Court also examined the Schemes notified by MP and other State.

Upon examining the schemes, the Court held, “Perusal of the aforesaid victim compensation schemes of different States and the Union Territories, it is clear that no uniform practice is being followed in providing compensation to the rape victim for the offence and for her rehabilitation. This practice of giving different amount ranging from Rs.20,000/- to Rs.10,00,000/- as compensation for the offence of rape under section 357A needs to be introspected by all the States and the Union Territories. They should consider and formulate a uniform scheme specially for the rape victims in the light of the scheme framed in the State of Goa which has decided to give compensation up to Rs.10,00,000/-”

Bench held “while going through different schemes for relief and rehabilitation of victims of rape, we have also come across one Scheme made by the National Commission of Women (NCW) on the direction of this court in Delhi Domestic Working Women’s Forum vs. Union of India and Ors. [Writ Petition (Crl) No. 362/93], whereby this Court inter alia had directed the National Commission for Women to evolve a “scheme” so as to wipe out the tears of unfortunate victims of rape. This scheme has been revised by the NCW on 15th April 2010.

The application under this scheme will be in addition to any application that may be made under Section 357, 357A of the Code of Criminal Procedure as provided in paragraph 22 of the Scheme. Under this scheme maximum of Rs.3,00,000/- (Three lakhs) can be given to the victim of the rape for relief and rehabilitation in special cases like the present case where the offence is against an handicapped woman who required specialized treatment and care”

Court directions all the States and Union Territories to make all endeavour to formulate a uniform scheme for providing victim compensation in respect of rape/sexual exploitation with the physically handicapped women as required under the law taking into consideration the scheme framed by the State of Goa for rape victim compensation.

Read Full Text of Judgment Here-

SC Directs to Have a Uniform Victim Compensation Scheme

Read Victim Compensation Schemes of States-

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