Compensation for Rape Victims

After perusal of the 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. Indisputably, no amount of money can restore the dignity and confidence that the accused took away from the victim. No amount of money can erase the trauma and grief the victim suffers.

From the inquiry, it reveals that the victim (now aged about 37 years) lives alone in Village Nandini Kundini, District-Durg, Chhattisgarh. She is unmarried and lives in a kuccha house. She has two brothers who lives separately from her. One of the brothers Ishwari Sahu lives in a different village Dhour (distance 12 kms from Nandini Kundini). Another brother Baldau Sahu lives is district Bhila (distance 22 kms from Nandini Kundini) and works as a daily-labourer. She receives a pension of Rs. 300/- per month from the State being a person with disability. She is also a BPL card holder which entitles her 35 kg rice per month at the rate of Rs. 1/- per kg. and free salt. The financial status of victim’s brothers is also not good.

The victim, being in a vulnerable position and who is not being taken care of by anyone and having no family to support her either emotionally or economically, we are not ordering the Respondent-State to give her any lump sum amount as compensation for rehabilitation as she is not in a position to keep and manage the lump sum amount. Accordingly, we in the special facts of this case are directing the Respondent-State to pay Rs. 8,000/- per month till her life time, treating the same to be an interest fetched on a fixed deposit of Rs. 10,00,000/-. By this, the State will not be required to pay any lump sum amount to the victim and this will also be in the interest of the victim.”

– Hon’ble Justice M.Y. EqbalTekan Alias Tekram v. State of Madhya Pradesh, [Criminal Appeal No. 884 of 2015].