Compensation To Victims Of Rape In Uttar Pradesh: Case Study Of Lucknow District

Sandhya Gupta, Dr. Ram Manohar Lohiya National Law University, LL.M. (TISS Mumbai)

ABSTRACT

The Supreme Court in the case of Shri Bodhisattwa Gautam v Miss Subhra Chakraborty1 observed that “Rape is a crime against basic human rights and is also violative of the victim’s most cherished of the Fundamental Rights, namely, the Right to Life contained inArticle 21. Compensation to a victim of rape is undeniably important for her rehabilitation, especially in a society where the victim of rape is treated worse than the perpetrator. This not only helps the victim financially but also helps her in retaining a normal life in society”.

In India, rape victims encounter considerable obstacles in their quest for justice, which is made more difficult by a system that blames the victim for their misfortune. This situation is often made worse when these victims face hostile circumstances in police stations, where they are frequently pressured to drop their cases. In some circumstances, people in powerful positions try to undermine the police's authority by threatening transfers.

In 2020, the State of Uttar Pradesh reported 2769 cases of rape under Section 376 IPC and 2533 cases of child rape under Section 4 & 6 of POCSO Act r/w Sec 376 IPC.2 While the true number of court-ordered compensation under various sections cannot be gauged, in the year 2020, only 49 applications for compensation all over the State of Uttar Pradesh were received under the Uttar Pradesh Victim Compensation Scheme 2014 made in pursuance of Section 357A of CrPC.3 This number is abysmally low considering the fact that the UP, VCS 2014 awards compensation to various categories of crime. These figures are suggestive of the status of victim compensation in Uttar Pradesh. The poor implementation of this scheme is a serious issue since this scheme is especially beneficial for victims of rape in getting time-bound compensation and not being at the mercy of the courts by directly making an application for compensation as soon as an FIR is filed in the police station.

In India, there is no official database recording the compensation given to victims of rape. However, the lack of compensation benefits to victims of crime has been evident from the general poor implementation of victim compensation schemes made in pursuance of Section 357A of CrPC, as well as the poor exercise of power by courts in granting compensation to a victim of rape under Section 357 of CrPC. The purpose of this article is to throw light on the effectiveness and extent of rape victim compensation in the courts of Lucknow District of Uttar Pradesh.