A set of recent incidents involving gruesome rapes of women across the country has yet again raised several questions about Indian society and judiciary. We at The Quint believe that a rape survivor’s life doesn’t end when she is raped. And that even if our institutions - law, the judiciary, the hospitals - are failing a rape survivor, we as a society need to step up. And keep the fight going. We are publishing this article originally published on 31 May 2016 from The Quint’s archives as part of our #KeepFighting campaign.
What is the price of rape? Would your answer change if the rape survivor was a woman in Goa instead of a girl in Kolkata?
Recently, the Supreme Court directed states and the Centre to frame a uniform policy for compensating rape survivors. Under the current framework, different states provide varying compensation. So a rape survivor in Punjab gets Rs 30,000, but a rape survivor from Goa can only claim compensation of up to Rs 3,00,000.
Don’t believe us? Here’s an interactive map which tells you exactly which state offers how much money as compensation.
These figures are from official notifications filed by the states to the Centre. Interestingly, states like Odisha and Maharashtra do not specifically mention ‘rape’, but have provision for compensating ‘acid attack victims’. Many states have also differentiated between ‘rape’ and ‘rape on a minor’ and scheduled compensation under the scheme accordingly.
What is the Victim Compensation Scheme?
For a rape survivor, the battle for compensation begins in court.
Under Section 357C of the Code of Criminal Procedure (CrPC), the court can give compensation to the rape survivor from the fine imposed upon the convict. However, in cases where there is no fine, the court orders compensation, upon its prerogative, under Section 357(3). And this is where the Victim Compensation Scheme (VCS) comes in.
Every state government is required to frame a Victim Compensation Scheme (VCS) which provides funds to rape survivors (and their dependents) for rehabilitation. The scheme also covers those who have suffered loss or injury as a result of crime.
On the recommendation of the court, the district legal service authority then decides the quantum of compensation to be awarded.
A Geographical Divide
Providing monetary compensation is no way an effective means to rehabilitate a rape survivor. Without institutional changes – in police response to rape, medical examination and legal aid – which enable a supportive environment for a rape survivor, compensation holds very little meaning.
But assuming that compensation is effective, the current system of VCS comes across as ridiculous, and frankly, in the context of the unused Nirbhaya fund, disappointing. Under the current system of compensation, the trauma of the rape is quantified, yes. But also, made comparable till an extent.
Also Read: #NoMoreNirbhaya: 3 Years On, Nirbhaya Fund Woefully Underutilised
In India, compensation is a ‘state’ subject, which makes the demand for a uniform compensation scheme for rape survivors even more essential – so that by differentiating and putting a premium on a survivor’s trauma, we don’t end up insulting her.
But that is not the only problem with the current scheme.
Apart from the lack in uniformity, the scheme is not exclusively catered towards rape survivors. In such a scenario, even if the Nirbhaya fund was utilised and funds were devolved to the state for the purpose of providing compensation to rape survivors, it would be difficult to evaluate the flow of these funds.
There is incomplete data on how many rape survivors have claimed compensation under the Victim Compensation Scheme (VCS). I have asked the Supreme Court to direct the states to provide that information.Indira Jaising, Senior Advocate and amicus curiae in the case
Simultaneously, there is also a lack of data on the number of rape survivors who have claimed compensation under the Victim Compensation Scheme (VCS) currently as well as the appropriate funds under the scheme which have been used.
A Uniform Policy for Compensation
The Supreme Court bench, comprising of Justice PC Pant and Justice DY Chandrachud which asked the Centre to frame a uniform policy of compensation for rape survivors, also asked states and Union Territories to submit the status of the compensation schemes. The states are also required to provide numbers of rape survivors who have claimed compensation.
Hopefully, a uniform policy on compensation to rape survivors would not only streamline the current system and make the funding more transparent, but would also be accompanied by structural changes in the bureaucracy and the legislative system. The next hearing of the Court is to be held in July.
Getting justice for rape should not be an uphill battle for a woman in India, nor should it be a journey which reminds her of the trauma all over again.
As the country waits for the states’ reply and a new system of compensation for rape survivors, it is a lesson the various governments in power would do well to keep in mind.
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