TABLE OF CASES

Ankush Shivaji Gaikwad v. State of Maharashtra ...................................................................... 15

Balraj v. State of U.P. , Baldev Singh and Anr. v. State of Punjab ...................................................... 15

Bodhisttwa Gautam v. Subha Chakroborty........................................................................................... 14

Chandrima Das v Union of India .......................................................................................................... 14

Delhi Domestic Working Women’s Forum Vs. Union of India ........................................................... 14

Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd. and Anr .................................................................... 15

Maru Ram v. Union of India ................................................................................................................... 4

Nipun Saxena Vs. Union of India ......................................................................................................... 20

Rattan singh v. State of Punjab ............................................................................................................... 5

Rohtash Kumar v. State of Haryana...................................................................................................... 15

Sarwan Singh and others v. State of Punjab ......................................................................................... 15

Suresh v. State of Haryana .................................................................................................................... 16

Suresh v. State of Haryana 2015 Cri l j 665 ............................................................................................. 4

 I. INTRODUCTION
The main objective of criminal justice system in any country is to protect the rights of the
individual and the state against intentional infringement of the basic norms of the society by
unscrupulous persons. This objective is sought to be achieved by ensuring that the accused is
punished in accordance with law, in the process of which every measure is taken to ensure that
the rights of the accused is safeguarded. However it is disgusting to note that the system do not
give much similar concern for the victims of crime, who are the “bye products of the crime”. 1
It is always presumed that when the offender is convicted and punished, the victim’s claims
are sufficiently satisfied. However the reality is far from true. In any criminal case, the victim
is considered only as an informant for the material source of evidence and in most cases, as an
informant, he sets the criminal process in motion by reporting the crime to the police. But after
that he has no further role to play unless the police consider it necessary. Even if it is decided
to proceed, in most cases he is harassed under the guise of collecting adequate information.
Later in the trial stage, where he is required to participate as a prosecution witness, his position
becomes more vulnerable because of several factors like frequent adjournments, indifferent
attitudes of judges, questioning by prosecutor and the defence lawyer etc. Moreover as he is
the material source of information, he has to identify the suspects which again put him at the
risk of being intimidated by the accused/suspects. His life and safety is put at peril. Thus victim
in the criminal justice system feels not only dejected but becomes a victim of “secondary
victimisation” by the criminal justice system.2 Hence modern victimologists argue that the
traditional presumption that victim’s justice is satisfied on the conviction of the offender is
farce and it is unjust, unfair and inequitable.3 They argue that the state’s primary responsibility
is to protect the life, limb and property of its subjects and the crime victim suffers because of
state’s failure in protecting his life, limb and property. Hence State has an obligation to ensure
equal fairness and justness to the crime victim as that of the offender. It is really a matter of
solace that the recent trends of criminal justice policy in most countries exhibit a victim centric
perspective in their criminal justice. In fact in recent times, there is an exponential expansion
in victim related norms in international human rights law which points to the prominent
position they have assumed in the present scenario. Though there are some debates as to
victim’s participatory rights in trials and sentencing procedures, there is wide consensus as to
their protective rights and reparative rights. Victim’s compensatory rights have assumed
maximum prominence in the modern criminal justice system that almost all the developed
countries have comprehensive legislation in this area.

1
KD Gaur, Justice to victims of crime: A human rights approach, in Criminal justice: A Human rights
perspective of the criminal justice process in India 350, (, KI Vibhute ed , 2004)
2
KI Vibhute, Justice to victims of crime: A human rights approach, in Criminal
justice: A Human rights perspective of the criminal justice process in India 370-395, (, KI Vibhute ed , 2004)
3
Ibid

2
 II. MEANING OF VICTIM OF CRIME
The legal definition of victim includes a person who has suffered direct or threatened physical,
emotional or pecuniary harm as a result of the commission of crime; or in the case of victim
being an institutional entity, any of the harms by an individual or authorised representative of
another entity.4 Thus victim of crime refers to any person, group or entity who has suffered
injury, or loss due to illegal activity and the harm may be physical mental or economic.

As per UN Declaration of Basic principles of justice for victims, 1985 Victim is defined as
“persons who, individually or collectively, have suffered harm, including physical or mental
injury, emotional suffering, economic loss or substantial impairment of their fundamental
rights, through acts or omissions that are in violation of criminal laws operative within the
member states, including those laws proscribing criminal abuse of power.” Thus any person
who has suffered harm because of violation of criminal law is a victim. Harm may be physical,
mental, economic or emotional in nature. The definition seems wide enough to include both
natural and artificial persons, individual and collective groups and also the dependants of the
victim. The Basic principles also stipulate that a person will be considered as victim even if the
offender is not identified, apprehended or prosecuted. Term victim also includes persons who
have suffered harm as a result of assisting victims in distress or to prevent victimisation. The
definition of victim in other international Human rights instruments are also in similar lines.

As per Code of criminal procedure, victim means a person who has suffered any loss or injury
caused by reason of the act or omission for which the accused person has been charged and the
expression includes guardians and legal heir of the victim.5 This definition which was
incorporated by the 2008 criminal procedure (Amendment) Act, 2008, is a step in positive
direction. However the term “for which the accused is charged” shows the restrictive nature of
this definition. The definition is narrow when compared to the definitions provided in other
International human rights instruments.

Moreover for every crime that is committed, there are at least two victims. One is the public/
society, who suffers due to the violation of criminal law and the other, is actual individual who
has suffered injury to person, property or reputation.

In context of victim of sexual offences, if the crime committed against the victim as above
mentioned is a sexual offence such a victim can be termed as victim of sexual offences.

4
cf Dr Krishna Pal Malik, Penology, victimology and correctional administration in India, 213(2012), see also
Rabindra K Mohanty & Satyajit Mohanty, Text Book of criminology, penology and victimology, 441(2012).
5
Section 2(wa) of Code of Criminal Procedure, 1971.

3
 III. NEED FOR VICTIM COMPENSATION
In ancient societies, the social control was victim retaliation and personal reparation.6 This was
actually before the conceptual separation between civil and criminal law. The offender was
required to reimburse the victim or his family for the loss he has caused as a result of crime.
Later as society became more complex with state assuming dominant role in the investigation
and prosecution of offences, a division between civil and criminal law emerged and victim’s
right to compensation was incorporated into civil law.7 This was the position till recently.
However recent trend shows that policy makers of criminal justice system all over the world
are stressing upon providing justice to the victim and also to develop schemes of the payment
of compensation to him.8 It is also argued that every crime depicts failure of the part of the
state to protect its subject and hence it has to compensate him when he suffers as a result of the
crime. Moreover, once crime is committed, the victim has the right to get justice and remedy
the harm which he has suffered as a result of crime. This right is different from and independent
of the right to retribution and responsibility of the state governed by rule of law. But if state
fails to discharge this responsibility, it must still provide a mechanism by which it is to ensure
that Victims right to compensation for injury is not lost.9

As observed by the Hon’ble Supreme Court in Maru Ram v. Union of India,10 stressing the
importance of victim’s right to compensation; “ ... A victim of crime cannot be a ‘forgotten
man’ in the criminal justice system. It is he who has suffered the most. His family is ruined
particularly in the case of death and other bodily injury. This is apart from factors like loss of
reputation, humiliation, etc. An honour which is lost or life which is snuffed out cannot be
recompensed but then monetary compensation will at least provide some solace.”

Thus it can be stated that object of granting compensation to the victim is to alleviate the
sufferings of the victim, to make the loss easier to bear for the victim and his family, re
humanise victims and restore their dignity.11 It also has its object to encourage the victim to
report the crime and cooperate with the criminal justice system.

6
Mohammad farajiha Ghazvini, police protection to victims of crime, 1,(2002)
7
Suresh v. State of Haryana 2015 Cri l j 665
8
Rabindra Mohanty & satyajit Mohanty, Text book of criminology, penology and victimology, 454 (2012)
9
Suresh v. State of Haryana 2015 Cri. L. J. 661-675 at 670
10
AIR 1980 SC 2147
11
Jonathan Doak, victims rights, Human rights and criminal justice: Reconceiving the right of third parties, 207
(2008)

4
 IV. COMPENSATION FOR VICTIMS OF SEXUAL OFFENCES IN
INDIA
In India as we follow adversary system of trial, wherein the state and the accused competes,
hence victims’ rights gets itself submerge in the public interest in prosecution and conviction
of the offender. Fair trial rights of the accused are given predominance in the Criminal justice
administration in the country and hence the victims do not get their due attention.

This situation was highlighted even by the apex court in Rattan singh v. State of Punjab12
wherein it was observed that “It is a weakness of our jurisprudence that victims of crime and
the distress of the dependents of the victim do not attract the attention of law. In fact the victim
reparation is still the vanishing point of our criminal law. This is the deficiency in the system,
which must be rectified by the legislature.”

As far as participation of victim of crime in criminal justice process, his role is limited to that
of an informant. As investigation is the sole prerogative of the police, victim’s role is decided
by the police and even if police decide to process victim is harassed in the process of extracting
information. Similarly, victim also does not have any say if the magistrate on receipt of final
investigation report from the police recommending the dropping of the case is inclined not to
take action against the accused. The Code of Criminal Procedure does not require magistrate
to hear the victim in this regard. During the time of prosecution also, the victim does not have
much say in the proceeding. Even with respect to the matters that affect his rights and interest
like that of bail decisions, withdrawal of prosecutions etc, the victim is not heard. Victim’s
rights in India came into the focus of researchers only by late 1970’s studies.13 Initiatives by
the University of Madras in early 1980’s culminated in the foundation of Indian society of
victimology,14 which drafted a Bill on victim assistance in 1996. Apart from various
recommendations of law commissions15 and National commission to review the working of the
constitution, an important epoch with respect to victim’s right to compensation is
recommendations of Malimath committee on reforms of criminal justice system in 2003. The
committee recommended for a holistic “justice” to victims of crime by allowing them, as a
matter of right, in criminal proceedings as well to seek compensation for the loss or injury.

 CONSTITUTIONAL FRAMEWORK
The Indian Constitution, the supreme law of the land, enunciates no specific provision for
victims. However, the Constitutional provisions as to Fundamental Rights especially Article
14 and 21 could be widely interpreted so as to include rights of the victims of crime including
right to compensation. Similarly, the constitutional remedies for human rights violations, is
extensively applicable to the victims of crime. There are provisions in part IV of the

12
(1979) 4 SCC 719
13
Early studies were on victims of dacoit gangs in the Chambal valley in 1978 see MEASURES FOR CRIME
VICTIMS IN THE INDIAN CRIMINAL JUSTICE SYSTEM by Kumaravelu Chockalingam retrieved from
www.unafei.or.jp/english/pdf/RS.../No81_11VE_Chockalingam.pdf
14
Ibid
15
Forty first , one fifty fourth and one fifty fifth Law Commission

5
constitution in Directive principles of state Policy which could be liberally construed to cover
victims of crime entitling them the right to compensation. Art 38(1) provides that state shall
strive to promote welfare of the people by securing and protecting as effectively as it may a
social order in which social, economic and political shall inform all institutions of national life.
This provision if interpreted creatively is inclusive of victim’s rights. Similarly Art 39 which
provides for policies to be followed by the state to secure economic justice and Art 40 which
provide for equal justice is inclusive of victim’s rights to compensation. Article 41 inter alia
states that state shall make effective provisions for “securing public assistance in the “cases of
disablement” and in the “case of undeserved want”. The expressions disablement and other
cases of undeserved want could be surely interpreted to include victims of crime and hence is
state is obliged to provide public assistance to victims by way of monetary compensation apart
from guaranteeing other rights to them. These directives though non justiciable, imposes
obligation on the state to take positive action for the welfare of the people. Moreover many of
the Directives are elevated to the status of Fundamental Rights by judicial decisions. Apart
from these, as per Art 51-A of the constitution it is the Fundamental duty of every citizen of
India, “... to have compassion for living creatures” and “to develop humanism”. These
provisions also could be creatively interpreted as to include victims of crime.

 LEGAL FRAMEWORK FOR COMPENSATION TO VICTIMS OF SEXUAL

OFFENCES

6
1. Compensation under Code of Criminal Procedure, 1971

Under the code, the main provisions dealing with compensation to victims of sexual offences
are covered under section 357, 357A, 357B and 357C.

The provision of Section 35716 stipulates that when court imposes a sentence of fine or any
sentence including death sentence of which fine forms part of the sentence, it may award
compensation to the victim, from the whole or part of the fine that is recovered from the
offender. Compensation may given be to the victim if in the opinion of court it is recoverable
by the civil court, for the loss or injury caused by the offence. It can also be provided to those
persons who are entitled under the Fatal Accidents Act, 1855, to recover damages from persons
sentenced, for the loss resulting from such death. Thus under Section 357(1) compensation is
payable for any loss or injury whether physical or pecuniary and can be awarded only when
the accused is punished with a sentence of fine or some other sentence of which fine is a part.
It is paid out of the amount of fine that is recovered. Hence the compensation amount in no
case could exceed the fine amount. Moreover the quantum of fine would depend upon the limit
to which the fine can be imposed for that particular offence and also upon the extent to which
the court is empowered to impose the same. Section 357(3) is more liberal and it provides that
compensation can be awarded when court imposes a sentence of which fine is not a part of it.
But it seems that the liberal provision of Subsection (3) of Sec 357 is applicable only if the
sentence of fine is not imposed. If the sentence of fine is imposed the compensation can be
ordered to be paid only out of the fine amount. Under Sec 357 (3) the power of magistrate to

16
357.Order to pay compensation.- (1) When a Court imposes a sentence of fine or a sentence (including a
sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any
part of the fine recovered to be applied –
(a) in defraying the expenses properly incurred in the prosecution;
(b) in the payment to any person of compensation for any loss or injury caused by the offence, when
compensation is, in the opinion of the Court, recoverable by such person in a Civil Court;
(c) when any person is convicted of any offence for having caused the death of another person or of having
abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal
Accidents Act, 1855, (13 of 1855) entitled to recover damages from the person sentenced for the loss resulting
to them from such death;
(d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal
breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in
disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any
bonafide purchaser of such property for the loss of the same if such property is restored to the possession of
the person entitled thereto.
(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the
period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the
appeal.
(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing
judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the
order to the person who has suffered any loss or injury by reason of the act for which the accused person has
been so sentenced.
(4) An order under this section may also be made by an Appellate Court or by the High Court or Court of
Session when exercising its powers of revision.
(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court
shall take into account any sum paid or recovered as compensation under this section.

7
award compensation is unlimited. As per Section 357, compensation may be awarded by appeal
late court or revisional court. The amount recovered as compensation under this provision may
be taken into consideration by civil court while awarding compensation in a subsequent suit.

Due to the insufficiency of the above provision and the reluctant on the part of judges to specify
amounts of compensation out of fine it proved to be futile effort. Thereafter, on the basis of
152nd and 154th report of the recommendations of Law commission in 1994 and 1996
respectively section 357A17 was enacted by Criminal procedure code Amendment Act, 2008.

The provision dealing with the victim compensation scheme stipulates that every state
government in consultation with the Central government shall prepare a scheme for providing
funds for the purpose of compensation to the victim of crime or his dependants who require
rehabilitation and who have suffered loss or injury due to the crime. At the end of the trial, the
trial court may recommend for compensation in two situations. Firstly, if it is satisfied that the
compensation awarded under section 357 is inadequate, for rehabilitation. Secondly, if the case
ends in acquittal or discharge of the accused and that the victim has to be rehabilitated. Once
the court makes recommendation for compensation, it is the state or the District Legal service
authority as the case may, which determine the quantum of compensation to be awarded under
the compensation scheme. The victim or his dependants may also make an application for
compensation, to the state or the district legal service authority, if the offender is not traced or
identified and where no trial takes place. When the district or the State legal service authority
receives the recommendation or the application it may award adequate compensation after
completing the enquiry within two months. On certificate from the police officer or
jurisdictional magistrate, the district or the State Legal Service authority, may order for
immediate first aid facility or medical benefits to be made available free of cost or provide any
other interim relief as it deem fit, in order to alleviate the sufferings of the victim. Thus this
provision is really in tune with providing with providing rehabilitative rights to the victim under
international human rights instruments. Any amount of compensation which is awarded by the
court is recoverable as if it were a fine. The amount of fine may be recovered by the attachment
and sale of moveable property of the offender and also from both movable and immovable
property as arrears of land revenue.

8
Section 357A18 was drafted to be in conformity with the norms and minimum standards in
international law for the protection of victims of crime.19 The UN declaration recognised four
major components of the rights of victims of crime.
1. Access to justice and fair treatment
2. Restitution
3. Compensation
4. Assistance.

By means of 2013 amendment two new provisions were added in addition so as to supplement
the existing provisions. S.357 B- Compensation to be in addition to fine under section 326 A
or section 376 D of Indian Penal Code- The compensation payable by the State Government
under section 357 A shall be in addition to the payment of fine to the victim under section 326
A or section 376 D of the Indian Penal Code.

S.357 C Treatment Of Victims - All hospitals, public or private, whether run by the Central
Government, the State Government, local bodies or any other person, shall immediately,
provide the first-aid or medical treatment, free of cost, to the victims of any offence covered
under section 326 A, 376, 376 A, 376 B, 376 C, 376 D or section 376 E of the Indian Penal
Code, and shall immediately inform the police of such incident.

18
Victim compensation scheme
1. 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 or his dependents who have suffered loss
or injury as a result of the crime and who, require rehabilitation.
2. Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority
or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be
awarded under the scheme referred to in sub-section (1)
3. If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section
357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim
has to be rehabilitated, it may make recommendation for compensation.
4. Where the offender is not traced or identified, but the victim is identified, and where no trial takes place,
the victim or his dependents may make an application to the State or the District Legal Services Authority
for award of compensation.
5. On receipt of such recommendations or on the application under sub-section (4), the State or the District
Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry
within two months.
6. The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the
victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on
the certificate of the police officer not below the rank of the officer incharge of the police station or a
Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.
19
The UN declaration of Basic Principles of Justice for Victims of Crime and abuse of power

9
2. Compensation Under Indian Penal Code

Section 376D providing for Gang Rape was amended by Criminal Law Amendment Act, 2013
which added the provision for payment of compensation to the victim.

Where a woman is raped by one or more persons constituting a group or acting in furtherance
of a common intention, each of those persons shall be deemed to have committed the offence
of rape and shall be punished with rigorous imprisonment for a term which shall not be less
than twenty years, but which may extend to life which shall mean imprisonment for the
remainder of that person’s natural life, and with fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.

On the same lines, there are additional elements of compensation introduced to rape victims
under section 376AB, 376DA and 376DB. Section 376AB of IPC by Criminal Law
(Amendment) Act, 2018. In all these stated sections, fine is part of the punishment except with
death sentence. Therefore, in every case related with section 376AB, 376DA and 376DB, the
court is at obligation to impose adequate fine which is reasonable to meet the medical expenses
and rehabilitation of the victim except with death sentence.

3. Compensation under POCSO Act, 2012

The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formed to
protect children from offenses of sexual abuse, sexual harassment and pornography and to
provide a child-friendly system for the trial of these offences. It also provides for the
compensation to be paid to the child victim in discretion of the Special court trying the case.
The excerpts of relevant provisions from the Act are as follows:
Section 33 Procedure and powers of Special Court.-

Sub section (8) : In appropriate cases, the Special Court may, in addition to the punishment,
direct payment of such compensation as may be prescribed to the child for any physical or
mental trauma caused to him or for immediate rehabilitation of such child.

Section 45 2(c). empowers the central government to make rules with regard to the payment of
compensation under sub-section (8) of section 33;

The Act is accompanied by POCSO Rules, 2012 which work in conjunction with the provisions
towards supplementing it.

Rule 7. Dealing with the Compensation provides : (1) The Special Court may, in appropriate
cases, on its own or on an application filed by or on behalf of the child, pass an order for interim
compensation to meet the immediate needs of the child for relief or rehabilitation at any stage
after registration of the First Information Report. Such interim compensation paid to the child
shall be adjusted against the final compensation, if any.
10
 (2)The Special Court may, on its own or on an application filed by or on behalf of the victim,
recommend the award of compensation where the accused is convicted, or where the case ends
in acquittal or discharge, or the accused is not traced or identified, and in the opinion of the
Special Court the child has suffered loss or injury as a result of that offence.

(3) Where the Special Court, under sub-section (8) of section 33 of the Act read with
subsections (2) and (3) of section 357A of the Code of Criminal Procedure, makes a direction
for the award of compensation to the victim, it shall take into account all relevant factors
relating to the loss or injury caused to the victim, including the following:-

(i) type of abuse, gravity of the offence and the severity of the mental or physical harm or injury
suffered by the child;

(ii) the expenditure incurred or likely to be incurred on his medical treatment for physical
and/or mental health;

(iii) loss of educational opportunity as a consequence of the offence, including absence from
school due to mental trauma, bodily injury, medical treatment, investigation and trial of the
offence, or any other reason;

(iv) loss of employment as a result of the offence, including absence from place of employment
due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence,
or any other reason;
(v) the relationship of the child to the offender, if any;

(vi) whether the abuse was a single isolated incidence or whether the abuse took place over a
period of time;
(vii) whether the child became pregnant as a result of the offence;

(viii) whether the child contracted a sexually transmitted disease (STD) as a result of the
offence;

(ix) whether the child contracted human immunodeficiency virus (HIV) as a result of the
offence;
(x) any disability suffered by the child as a result of the offence;
(xi) financial condition of the child against whom the offence has been committed so as to
determine his need for rehabilitation;
(xii) any other factor that the Special Court may consider to be relevant.
(4) The compensation awarded by the Special Court is to be paid by the State Government
from the Victims Compensation Fund or other scheme or fund established by it for the purposes
of compensating and rehabilitating victims under section 357A of the Code of Criminal
Procedure or any other laws for the time being in force, or, where such fund or scheme does
not exist, by the State Government.

11
 (5) The State Government shall pay the compensation ordered by the Special Court within 30
days of receipt of such order.

(6) Nothing in these rules shall prevent a child or his parent or guardian or any other person in
whom the child has trust and confidence from submitting an application for seeking relief under
any other rules or scheme of the Central Government or State Government.

In a bid to make anti-rape laws gender neutral, Union Women and Child Development Minister
Maneka Gandhi has urged all states and union territories to take necessary steps for including
male child victims of sexual abuse in the "Victim Compensation Scheme/Fund". The directive
was part of a letter sent out on May 30 to all states and UT's, urging them to provide interim
compensation on time. The letter comes in response of non-uniform and unsatisfactory
disbursements of compensations to male child abuse victims despite 31 states, according to the
National Commission for Protection of Child Rights, having notified their Victim
Compensation Scheme under the POCSO Rules, 2012.20

NALSA when entrusted with the responsibility of drafting a national victim compensation
scheme in case of Nipun Saxena had categorically mentioned that the scheme will not be
applicable to compensation under POCSO Act. However, when presented to Supreme Court
for approval the top court observed that the Centre had framed no rules for compensation to
minor victims of sexual assault under the Protection of Children from Sexual Offences Act.The
Court said-

“We are of the opinion that the NALSA compensation scheme should function as the guidelines
for special courts [under the POCSO Act] to award compensation to victims of sexual abuses
until rules are formalised by the central government.”21

4. Compensation Under Sexual Harassment Of Women At Workplace (Prevention,

Prohibition And Redressal) Act, 2013

The enactment is a legislative act in India that seeks to protect women from sexual harassment
at their place of work. It superseded the Vishakha Guidelines for prevention of sexual
harassment introduced by the Supreme Court of India. Compensation to the victim of sexual
harassment has been provided for in the act in the following provisions:

Section 13. Inquiry report Sub section (3) Where the Internal Committee or the Local
Committee, as the case may be, arrives at the conclusion that the allegation against the
respondent has been proved, it shall recommend to the employer or the District Officer, as the
case may be—

(ii) to deduct, notwithstanding anything in the service rules applicable to the respondent, from
the salary or wages of the respondent such sum as it may consider appropriate to be paid to the

20
https://m.economictimes.com/news/politics-and-nation/maneka-gandhi-urges-states/uts-to-include-male-
child-victims-under-victim-compensation-scheme/fund/articleshow/64387557.cms
21
Nipun Saxena v.

12
aggrieved woman or to her legal heirs, as it may determine, in accordance with the provisions
of section 15:

Provide that in case the employer is unable to make such deduction from the salary of the
respondent due to his being absent from duty or cessation of employment it may direct to the
respondent to pay such sum to the aggrieved woman:

Provided further that in case the respondent fails to pay the sum referred to in clause (ii), the
Internal Committee or as, the case may be, the Local Committee may forward the order for
recovery of the sum as an arrear of land revenue to the concerned District Officer.

Section 15. Determination of compensation.—For the purpose of determining the sums to be

paid to the aggrieved woman under clause (ii) of sub-section (3) of section 13, the Internal
Committee or the Local Committee, as the case may be, shall have regard to—
(a) the mental trauma, pain, suffering and emotional distress caused to the aggrieved woman;
(b) the loss in the career opportunity due to the incident of sexual harassment;
(c) medical expenses incurred by the victim for physical or psychiatric treatment;
(d) the income and financial status of the respondent;
(e) feasibility of such payment in lump sum or in instalments.

The recent judicial trend shows courts sternness in implementing the provisions of the act and
hence the court at various times is seen not shying away from imposing heavy penalties and
compensation on the accused and the workplace organisation for non-compliance.

In an order recently passed by Justice Rohit Arya in Mrs. Arvinder Bagga & Ors. v. Local
Complaints Committee, District Indore & Ors., The Madhya Pradesh High Court has imposed
fine of Rs. 50,000 on Medanta Hospital, Indore for not having an Internal Complaints
Committee required to be constituted under Section 4(1) of the Sexual Harassment of Women
At Workplace (Prevention, Prohibition and Redressal) Act, 2013. It also directed the hospital
to pay compensation to the tune of Rs. 25 lakhs to the Complainant in the case for failing to
address her case of sexual harassment.

In the case of Gayathri Balaswamy vs. ISG Novasoft Technologies Ltd. (Mad.) , Hon'ble
Madras High Court awarded hefty compensation to the aggrieved woman employee for non-
constitution of the ICC.

13
 V. JUDICIAL TRENDS
In Bodhisttwa Gautam v. Subha Chakroborty22, while deciding question for interim
compensation to the rape victim held that “If the court trying an offence of rape has jurisdiction
to award the compensation at the final stage, there is no reason to deny to the court the right to
award interim compensation which should also be provided in the scheme”. The jurisdiction to
pay interim compensation can be treated as a part of the overall jurisdiction of the courts trying
the offences of rape. The court having regard to the facts and circumstances of the case directed
to pay a sum of Rs.1000/- per month on interim compensation during the pendency of criminal
proceedings from the date of the complaint. The court observed that Right of Rape victim to
receive compensation flows from Article 21 of the compensation. Every Court has jurisdiction
to grant compensation not only at the final stage of trial but also to award interim compensation
at any interlocutory stage of trial.

The Hon’ble Supreme Court in order to protect and safeguard the honour and personality of a
rape victim in its landmark judgment in case of Delhi Domestic Working Women’s Forum Vs.
Union of India23 went to laying down various guidelines. In context of compensation it
provided that Compensation for victims shall be awarded by the court on conviction of the
offender any by the criminal injuries compensation Board whether or not a conviction has taken
place. The Board will take into account 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.

In Chairman, Railway Board and another v. Chandrima Das 24 while discussing the case of
victim of gang rape of foreign woman under Public Interest Litigation (PIL) has held that a
foreign national can be granted compensation under constitution for violation of fundamental
right on the ground of domestic jurisdiction based on constitutional provisions and Herman
Rights Jurisprudence.

In an interesting case, the prosecutrix had complained against accused who was then the
Director General of Punjab Police wherein a fine was imposed by the High Court is Rs.
2,00,000/- for compensation in which it prosecutrix submitted that the complainant has no
intention of with drawing Rs. 2 lacs ordered to be paid to her by way of compensation and that
the amount may be given to any women’s organization engaged in doing service for the cause
of the women.25
The Hon’ble Supreme Court in another sensational rape case observed “Judges who bear to
sword of justice should not hesitate to use that sword with almost severity to the full and to the
end if the gravity of the offence so demand”. In this case, the accused Medical Officer was
convicted for 7 years R.I. and fine of Rs. 25000/- was ordered to be paid as a victim
compensation.

22
1996 1 SCC 490
23
1995 (1) SCC 14]
24
2000 2 SCC
25
Rupan Doel Bajaj v. KPS Gill 1996 AIR 309, 1995 SCC (6) 194 .

14
In Rohtash Kumar v. State of Haryana26 the court raised an apt question, “Should justice to
the victims depend only on the punishment of the guilty? Should the victims have to wait to
get justice till such time that the handicaps in the system which result in large scale acquittals
of guilty, are removed?.”. Responding that the need to address ‘cry of victims of crime’ is
paramount and separate from the issue of punishment of the offender, the court held that:

The victims have right to get justice, to remedy the harm suffered as a result of crime. This
right is different from and independent of the right to retribution, responsibility of which has
been assumed by the state in a society governed by Rule of Law. But if the state fails in
discharging this responsibility, the state must still provide a mechanism to ensure that the
victim's right to be compensated for his injury is not ignored or defeated.

However, somehow, the courts have limited themselves to award of sentences with no mention
of adequate compensation, thereby denying victims the basic right. More than three decades
back, Hon’ble Mr. Justice Krishna Iyer stated that while social responsibility of the criminal to
restore the loss or heal the injury is a part of the punitive exercise, the length of the prison term
is no reparation to the crippled or bereaved but is futility compounded with cruelty and
victimology must find fulfillment not through barbarity but by compulsory recoupment by the
wrongdoer of the damage inflicted not by giving more pain to the offender but by lessening the
loss of the forlorn.

In Sarwan Singh and others v. State of Punjab27 , Balraj v. State of U.P28. , Baldev Singh and
Anr. v.State of Punjab29 , Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd. and Anr30. , this
Court held that the power of the Courts to award compensation to victims under Section 357 is
not ancillary to other sentences but in addition thereto and that imposition of fine and/or grant
of compensation to a great extent must depend upon the relevant factors apart from such fine
or compensation being just and reasonable.

In Ankush Shivaji Gaikwad v. State of Maharashtra31 , the Supreme Court again noted with
despair that Section 357 Cr.P.C. has been consistently neglected / ignored by the Courts despite
series of pronouncements30 to that effect. In this decision Supreme Court highlighted that
though the award or refusal under the provision is well within the judicial discretion, yet there
exists a mandatory duty on the court to apply its mind to question of compensation, in every
criminal case, as a standard practice.

26
(2013) 14 SCC 434
27
1957 AIR 637
28
1995 AIR 1935
29
[(2008) 14 SCALE 639]
30
Arising out of S.L.P. (Crl.) No. 3355 of 2006
31
AIR 2013 SC 2454

15
 VI. VICTIM COMPENSATION SCHEME
Amidst the increasing concern for compensation to victims of crimes, section 357A was
inserted in 2009, to give effect to Victim Compensation Schemes (VCS). The scheme made
way for an institutionalized payment of compensation to the victim by the state for any loss or
injury caused to him by the offender. The responsibility has been imposed on the states to create
and maintain a fund for the purpose. In cases where compensation paid by the accused is
inadequate or no such compensation is payable on account of acquittal or discharge of the

16
accused or the offender not being traced or identified, the VCS is applicable. Such payment
may also be allowed on the specific recommendations of the court, in addition to the
compensation payable under s. 357 Cr.P.C.

The District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) has
been authorized to decide the amount of compensation to be awarded to victims under the
scheme, subject to the maximum limit prescribed by the State. In addition to payment of
compensation, section 357A also attempts to respond to the immediate needs to the victims for
first aid or medical benefit as well as any other interim relief, as may be required. Pursuant to
this legislative amendment, the states notified the scheme, though after an initial reluctance and
prodding by the courts32. Till date, almost all states and union territories have set up the scheme
to provide for payment of compensation and other reliefs to the victims and/or their dependants.

Object- All states have put forward one simple object- “for providing funds for compensation
to the victims or their dependents, who have suffered loss or injury as a result of the crime and
who require rehabilitation”. This is in tune with s. 357A which is similarly worded with regard
to the constitution of the VCS. The definition of victim provided is in line with s. 2(wa) Code
of Criminal Procedure, 1973

The scheme has laid down the eligibility for award of compensation. The basic condition for
grant of compensation is that the victim must have suffered loss or injury causing ‘substantial’
loss to the income of the family making it difficult to make both ends meet or has to spend
beyond his means on medical treatment of mental or physical injury. The word ‘substantial’
indicates ‘considerable’ or ‘extensive’. Therefore, only in cases where the victim finds it
extremely difficult to meet the expenses arising from the crime is he entitled to compensation,
in other cases, he is not.

Procedure- The procedure in all states has been kept simple to help the victims. Thus, where a
recommendation is received from the court or an application is made by the victim, the
DLSA/SLSA has to examine and verify the facts raised in the claim and after due inquiry, has
to decide on the grant of compensation. It is a time bound procedure with most states specifying
two months as the statutory period. All states, except Delhi, have provision for grant of interim
relief to the victims of crimes. Generally, such relief includes medical support and/or first aid
facility as well as any other relief that may be required in the situation, thereby including
financial assistance as well.33 The scheme lays down the period within which a claim shall be
entertained by the authority. This period generally ranges from six months to one year after the
date of commission of the crime for most of the states. In all cases, the SLSA is the authority
to whom the appeal shall lie within a period of ninety days.
Quantam- the amount of compensation decided by the states indicate a wide degree of
discrepancy, with compensation as low as Rs. 25000 (approximately US $390) (Chhattisgarh)
to Rs. 50000 (approximately US $580) (Bihar) and Rs. 150000 (approximately US $234)
(Odhisha) in case of rape. Goa has fixed an amount of Rs. 10 lakhs (approximately US $15616)

32
Suresh v. State of Haryana 2014 SCC OnLine SC 952
33
Victim Compensation Schemes in India: An Analysis available at
http://www.sascv.org/ijcjs/pdfs/DubeVol13Issue2IJCJS.pdf

17
for rape victims. In case of rape of minor, the amount varies from Rs. 50000 (approximately
US $580) (Chhattisgarh, Karnataka) to Rs. 2 lakhs (approximately US $ 3123) (Madhya
Pradesh). In cases of loss or injury causing severe mental agony as in offences of kidnapping,
human trafficking etc., different states had prescribed varying limits, some as low as Rs.
10000(approximately US $ 156) (Arunachal Pradesh) to others as high as Rs. 10 lakhs
(approximately US $15616) (Goa) . For victims of acid attack, the compensation has generally
been fixed between Rs. 1 lakh (approximately US $1561) (Arunachal Pradesh) to Rs. 3 lakhs
(approximately US $4685) (Karnataka, Odhisha, Gujarat). Delhi fixed a limit of Rs. 3 lakhs to
Rs. 7 lakhs(approximately US $ 4685 to 10931). Some states have kept the amount glaringly
low, Bihar at Rs. 25000(approximately US $390) and Himachal Pradesh at Rs.
50000(approximately US $580). Chhattisgarh and Himachal Pradesh have quantified the cost
of rehabilitation at Rs. 20000 and Rs. 50000 respectively (approximately US $312 and 580).

VII. CENTRAL VICTIM COMPENSATION FUND, 2015

The Ministry of Home Affairs has introduced a Scheme called the Central Victim
Compensation Fund (CVCF) with initial corpus of Rs. 200 crores34 that would be sanctioned
from the Nirbhaya fund. The fund also is open to contribution from public.
The guidelines mention three broad objectives namely:
1. To support & supplement the existing victim compensation schemes of the state
governments

34
Press release on 14-October-2015 available at https://pib.gov.in/newsite/PrintRelease.aspx?relid=128738

18
 2. To reduce the disparity in the quantum of compensation amount fixed by various state
governments
3. To encourage the state governments to effectively implement the compensation schemes
and continue financial support to victims of various crimes

Victims will be compensated on the grounds of various injuries, loss and death with respect to
acid attack, rape, human trafficking, disabilities and burns affected on them. Women victims
of cross-border suffering permanent or partial disability or death will also be compensated
under the Central Victim Compensation Fund Scheme. States have been requested to suitably
modify the State Victim Compensation Schemes to reduce disparity in quantum of
compensation amount notified by them and claim financial support from the Central Victim
Compensation Fund Scheme.

To encourage the states to effectively implement their victim compensation schemes, the
central government has agreed to reimburse the amount of compensation paid by the state
governments. But for the states to access funds from CVCF, the following must be done.

 The states must notify a victim compensation scheme as per the provisions of the Sec
357A of CrPC
 The quantum of compensation fixed should not be less than the amount mentioned in
CVCF
 The States must pay the compensation first from their budgetary resources to eligible
victims and then seek reimbursement from CVCF
 Details of the every victim compensated must be maintained electronically in the
CCTNS module.

Hence, with the advent of this, the States might be more interested in implementing the victim
compensation scheme, now that the union government will reimburse the compensation
amount. This is also expected to encourage states and also to harmonize differences in the
quantum of compensation.

The following minimum amount of compensation is fixed by the MHA and states must also fix
a similar minimum if they are to take the benefit of CVCF.

19
VIII. VICTIM COMPENSATION SCHEME FOR WOMEN VICTIMS/SURVIVORS
OF SEXUAL ASSAULT/OTHER CRIMES – 2018

20
Hon’ble Supreme Court of India in Nipun Saxena Vs. Union of India35 opined that “it would
be appropriate if NALSA sets up a Committee of about 4 or 5 persons who can prepare Model
Rules for Victim Compensation for sexual offences and acid attacks taking into account the
submissions made by the learned Amicus.

(o) ‘Sexual Assault Victims” means female who has suffered mental or physical injury or both
as a result of sexual offence including Sections 376 (A) to (E), Section 354 (A) to (D), Section
509 IPC.

(p) ‘Woman Victim/ survivor of other crime’ means a woman who has suffered physical or
mental injury as a result of any offence mentioned in the attached Schedule including Sections
304 B, Section 326A, Section 498A IPC (in case of physical injury of the nature specified in
the schedule) including the attempts and abetment.
Victim compensation fund
The ‘Women Victims Compensation Fund’ shall comprise the following:-
(a) Contribution received from CVCF Scheme, 2015.
(b) Budgetary allocation in the shape of Grants-in-aid to SLSA for which necessary provision
shall be made in the Annual Budget by the Government;
(c) Any cost amount ordered by Civil/Criminal Tribunal to be deposited in this Fund.

(d) Amount of compensation recovered from the wrong doer/accused under clause 14 of the
Scheme;
(e) Donations/contributions from International/ National/ Philanthropist/ Charitable
Institutions/ Organizations and individuals permitted by State or Central
Government.
(f) Contributions from companies under CSR (Corporate Social Responsibility)
Eligibility

A woman victim or her dependent (s) as the case may be, shall be eligible for grant of
compensation from multiple schemes applicable to her. However, the compensation received
by her in the other schemes with regard to Section 357-B Cr.P.C., shall be taken into account
while deciding the quantum in the such subsequent application
Factors to be considered

While deciding a matter, the State Legal Services Authority/District Legal Services Authority
may take into consideration the following factors relating to the loss or injury suffered by the
victim:

35
2018 SCC OnLine SC 2772

21
(1) Gravity of the offence and severity of mental or physical harm or injury suffered by the
victim;

(2) Expenditure incurred or likely to be incurred on the medical treatment for physical and/or
mental health including counselling of the victim, funeral, travelling during investigation/
inquiry/ trial (other than diet money);

(3) Loss of educational opportunity as a consequence of the offence, including absence from
school/college due to mental trauma, bodily injury, medical treatment, investigation and trial
of the offence, or any other reason;

(4) Loss of employment as a result of the offence, including absence from place of employment
due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence,
or any other reason;
(5) The relationship of the victim to the offender, if any;

(6) Whether the abuse was a single isolated incidence or whether the abuse took place over a
period of time;
(7) Whether victim became pregnant as a result of the offence, whether she had to undergo
Medical Termination of Pregnancy (MTP)/ give birth to a child, including rehabilitation needs
of such child;

(8) Whether the victim contracted a sexually transmitted disease (STD) as a result of the
offence;

(9) Whether the victim contracted human immunodeficiency virus (HIV) as a result of the
offence;
(10) Any disability suffered by the victim as a result of the offence;
(11) Financial condition of the victim against whom the offence has been committed so as to
determine her need for rehabilitation and re-integration needs of the victim.

(12) In case of death, the age of deceased, her monthly income, number of dependents, life
expectancy, future promotional/growth prospects etc.
(13) Or any other factor which the SLSA/DLSA may consider just and sufficient.
Procedure

Wherever, a recommendation is made by the court for compensation or an application is made

by any victim or her dependent(s) under Section 357A of the Code, to the State Legal Services
Authority or District Legal Services Authority, for interim compensation it shall prima facie
satisfy itself qua compensation needs and identity of the victim. As regards the final
compensation, it shall examine the case and verify the contents of the claim with respect to the
loss/injury and rehabilitation needs as a result of the crime and may also call for any other
relevant information necessary for deciding the claim.

22
The inquiry as contemplated under sub-section (5) of Section 357A of the Code, shall be
completed expeditiously and the period in no case shall exceed beyond sixty days from the
receipt of the claim/petition or recommendation

After consideration of the matter, the SLSA or DLSA upon its satisfaction, shall decide the
quantum of compensation to be awarded to the victim or her dependent(s) taking into account
the factors enumerated in the Scheme. However, in deserving cases, for reasons to be recorded,
the upper limit may be exceeded. Moreover, in case the victim is minor, the limit of
compensation shall be deemed to be 50% higher than the amount mentioned herein.
Method Of Disbursement Of Compensation

The amount of compensation so awarded shall be disbursed by the SLSA by depositing the
same in a Bank in the joint or single name of the victim/dependent(s). In case the victim does
not have any bank account, the DLSA concern would facilitate opening of a bank account in
the name of the victim and in case the victim is a minor along with a guardian or in case, minor
is in a child care institution, the bank account shall be opened with the Superintendent of the
Institution as Guardian. However, in case the victim is a foreign national or a refugee, the
compensation can be disbursed by way of cash cards.
Interim amount shall be disbursed in full. However, as far as the final compensation amount is
concerned, 75% (seventy five percent) of the same shall be put in a fixed deposit for a minimum
period of three years and the remaining 25% (twenty five percent) shall be available for
utilization and initial expenses by the victim/dependent(s), as the case may be
Interim Compensation

The State Legal Services Authority or District Legal Services Authority, as the case may be,
may order for immediate first-aid facility or medical benefits to be made available free of cost
or any other interim relief (including interim monetary compensation) as deemed appropriate,
to alleviate the suffering of the victim.

Provided that as soon as the application for compensation is received by the SLSA/DLSA, a
sum of Rs.5000/- or as the case warrants up to Rs. 10,000/- shall be immediately disbursed to
the victim through preloaded cash card from a Nationalised Bank. Provided that the, interim
relief so granted shall not be less than 25 per cent of the maximum compensation awardable as
per schedule of the scheme.
Period of Limitation
3 years from the date of occurrence of the offence or conclusion of the trial.
Appeal

In case the victim or her dependents are not satisfied with the quantum of compensation
awarded by the Secretary, DLSA, they can file appeal within 30 days from the date of receipt
of order before the Chairperson, DLSA. Even thereafter if the appellate authority condones the
delay in its discretion does not apply to minor victims under POCSO Act, 2012 in so far as

23
their compensation issues are to be dealt with only by the Ld. Special Courts under Section 33
(8) of POCSO Act, 2012 and Rules (7) of the POCSO Rules, 2012.

24
 IX. CRITICAL ASSESSMENT OF COMPENSATION REGIME
TOWARDS VICTIM OF SEXUAL OFFENCES
The analysis of oldest provision in Indian statute books (Section 357 of CRPC) is evident that
payment of expenses of the proceedings or compensation for loss or injury caused by
commission of the offence, out of the fine as well as payment of a specified amount of money
by way of such compensation, is not only left to the discretion of a criminal court but also
directly linked with the conviction of the offence.

It is also worth noting that courts in India have rarely resorted to these statutory provisions to
exercise their discretionary powers to compensate victims of crime. The Law Commission of
India had not only admitted the fact that they are 'not particularly liberal' in utilising these
provisions,36 but also observed: "it is regrettable that our courts do not exercise their statutory
powers under this section as freely and liberally as could be desired". A survey of the available
empirical studies,37 though scanty, also reveals very rare use of the legal provisions in awarding
compensation and inadequacy of the compensation.
It is evident that the fragmented legal framework providing for compensation by an offender
to his victims for loss suffered or injury caused by commission of the offence is inadequate. It
neither mandates the courts to compensate the victims nor creates any legal right in their favour.
It is entirely left to their discretion whether to compensate victims of crime; and (iï) initiate and
move legal machinery to recover the fine, out of which compensation is ordered, or the
specified amount compensation from the offender to pay it to the victims o" the offence. The
whole scheme of award and payment of compensation in India thus solely depends upon the
sweet will of the courts.

A cursory glance at, and comparison of, the law governing payment of compensation by
offenders to victims of offences in India and abroad, unequivocally, reveals that the
administration of criminal justice in India is not only 'offender-oriented' but also neglects such
victims and regards them as 'non-entity' in administration of criminal justice.

On the other hand, various factors can be seen adding misery to the plight to the victim. The
disparity of the amounts and differences in procedures of the state victim compensation scheme
which has been in place for a long time can be one to illustrate. Besides this, The system is
inefficient, and survivors wait a long time or are unable to access the scheme. Out of 21 cases
documented by Human Rights Watch, only three survivors had received compensation.38
Undeniably many attempts have been made by the government, the apex court and concerned
organisations to collaborate secure justice to the victims of sexual offences recently by the
Central Compensation Scheme, 2015 and the NALSA scheme, 2018. However, the change in

36
Law Commission of India, Forty-first Report : The Code of Criminal Procedure , vol. 1, p. 356(1969).
37
.N. Rajan and K.P. Krishna, Victims of Homicide (1981); Khan ana Krishna, Victims of Fatal Motor Vehicle
Accidents in Delhi (1981); S.G. Pradhan, "Compensation for the Victims of Crimes of Violence", 5 Police Science
Congress 70 (1966); S.G. Pradhan, "Compensation for Victims of Crime," 12 Indian Police Journal 36 (1965); V.
Tuli, "Compensation to Victims of Crime", 3 Police Research and Development 1 ((1979).
38
https://www.hrw.org/news/2017/11/08/india-rape-victims-face-barriers-justice

25
the mind sets and the willingness on the part of the lower judiciary to make use of the legislative
mechanisms made in this behalf will make all the difference.

After the Nirbhaya incident in 2012, Government of India established Nirbhaya Fund in 2013,
with an initial corpus of Rs. 1000 crore. There have been widespread reports of the non-
utilization of the fund. Government data also shows that a lot of projects are yet to take off. In
2015, to ward off the criticism over non utilization of the Nirbhaya Fund, the Government of
India (GoI) setup the Central Victim Compensation Fund (CVCF).

The major problem in implementation of victim compensation schemes is the serious lack of
awareness. We could not find any posters, materials or any other publicity material while
googling for relevant information on the scheme. The lack of awareness shows in the number
of victims making use of the scheme. For instance, in Telangana, only 9 victims availed
compensation under this scheme in 2016-17 and 2017-18 (till November 2017). Most of these
9 victims were from only one district.

The victims availing compensation under the scheme is nowhere close to the incidents of rape
being reported every year. As per government data, close to 39000 case of rape were reported
across the country in 2016. Even if we were to go with the conviction rate of around 25%, we
are talking about thousands of victims each year. And if compensation of Rs 3 lakh in each
case was extended to these victims, the total compensation for rape victims alone would be
more than Rs 100 crore. The allocation under CVCF has to be increased match the number of
victims. Victim compensation has to become a right of the victim and her family.39

39
https://factly.in/implementation-victim-compensation-scheme-leaves-lot-desired/

26
 X. CONCLUSION
Compensation and Rehabilitation of survivors of rape is need of the hour in view of the
violation of fundamental rights of the victim under Article 21 of the Indian Constitution. Court
can play a great role in delivery of justice by awarding compensation and directions for
rehabilitation of the victims. Ends of justice can be served if all the stakeholders do their duty
in letter and spirit of the Indian Constitution and other relevant Statutory provisions related to
compensation and rehabilitation of victims of crime especially victim of rape. There is need to
create awareness and education about these rights among all the sections of the society by
organizing CMEs, Seminar and Conferences.

Broad interpretation of article 14, 21, 38, 51A and etc. of the Constitution of India guarantee
compensation to the victims of crime. However, India has no separate piece legislation dealing
with compensation to the victims of crime. To address the cry of victims of crime, India should
consolidate its scattered legislations dealing with compensation to the victims of crime. There
should be separate piece of law exhaustively defines the rights of victims including right to
receive compensation and procedures applicable to exercise such right. States and Central
government should prepare one and uniform scheme of compensation. The scope of scheme
should also be widened to cover various criminal injuries taking to account the economic
situations of victims as well as the country.

In the words of Sawami Sivananda “Every effect has a cause. Every consequence has an
antecedent. There must be perfect balance between the cause and effect, between the
antecedent and consequence. The law of compensation keeps up the balance, and establishes
peace, concord, equilibrium, harmony and justice in Nature.”

27