A scrutiny of crimes against women and the magnitude of relief accorded

Jan. 30, 2020 • Samiksha Gupta

Dangling above the head of the law-makers and keepers like the sword of Damocles, Compensation Scheme for Women victims/survivors of Sexual Assault / Other Crimes-2018 was a landmark legislation, enacted by the virtue of NALSA, has made a revolutionary venture in the sphere of victim relief, a domain that since long needed a similar ordinance. Ever since the incidences of crimes against women have increased over the past years, the judiciary’s efforts have equally protracted to firstly and foremostly, reduce such crimes and, in the most unfortunate event, provide for adequate compensation/relief to the aggrieved.

The Act has provided for sufficient remuneration for victims of sexual/physical abuse subjecting to serious nature. The upper limit of compensation has been assessed as Rs. 10 lakh against the loss of life of the aggrieved and Rs. 4 lakh against the bodily injury amount to not more than 20% sustained by the woman. Precedent - Delhi Victims Compensation Scheme, 2015.

Constructed on the lines of the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, the NCT of Delhi became the first state to implement a specific scheme for Compensation for victims of Crime. The Delhi Victims Compensation Scheme, 2015 assented for the creation of a Compensation Fund, the size of which would be decided by the District Legal Services Authority. (DLSA).In addition to the creation of a compensation fund, the Act also dictates various other aspects of this compensation scheme, similar to the legislation at the national level, these include – eligibility, method and procedure for granting compensation, interim relief to the victim, limitation, repeal and savings etc. [1]

Nevertheless, even after so many firm and rigid compensations, life of victims has not been any better in terms of either compensation award or speedy justice. Thanks to the stifling administration and cumbersome vigilance authorities of the nation, giving the victims a serious run for their work, teemed with harsh bureaucratic design of the compensation schemes, the aggrieved gets an insult added to their injury whenever they knock the door of the authorities.

The number of cases that go unreported or unrecognized, despite of their genuineness is evident of the fear these victims have for their lives. Once the matter comes out in public, it becomes a grave threat for the women and they may even face the ramifications for standing up against the perpetrators. The legislature has, by far, failed to construct any material witness or victim protection program that would provide adequate and necessary legal protection to the victim in question. This is indeed shameful that after facing all the atrocities, the victim still remains unjustified and the culprit doesn’t see a day in the clink.

Analytical Studies –

Jessica Lal Murder Case, 1999[2]

What may be considered as a classic example of haywire investigation, the brutal murder of a ramp-model Jessica Lal shook the Nation to it’ core. In the National Capital, The political clout of the perpetrators was quite significant, and it goes as far as making an exemplary highlight when the shooter Manu Sharma, the initial accused, was acquitted by the Delhi High Court, allegedly through a political technicality. In February 2006, all four accused in the case were acquitted by the Delhi High Court. The 36 year-old deceased Ms. Jessica Lal’s brutal murder, involving the eminent lawyer Mr. Ram Jethmalani, had the case skirmished for a period of around four years, when after repeated pleas from the convict were turned down by the Supreme Court in 2010 and Manu Sharma ,the prime accused, was awarded life imprisonment, while two other accused – Amardeeep Singh Gill and Vikas Yadav were each awarded four years rigorous imprisonment and a fine.

Sections Imposed upon the convicts -

302, 201/120B of IPC
Section 27 of Arms Act
Nirbhaya Rape Case,2012[3]-

What many agree upon as the most dreadful and terrifying act of atrocities inflicted upon women in any modern civilization. On the Night of 16th December, 2012, a 23-year old medical student, Jyoti Singh Pandey was ganged up by a group of co-passengers in a bus, beaten, gangraped, mutilated and left for dead near an underpass. She later succumbed to her injuries few days later. The police nabbed the five culprits, one being a juvenile. Ram Singh Died while on trial period, while the remaining two adults were sentenced to Capital Punishment. What remains the biggest point of contention is the fate of one minor convict – He was sentenced to a period of correction in a reform facility, and was tried under the Juvenile Justice Act, under a separate Juvenile Bench. Upon release from his reformation period, he was even awarded compensation of Rs.10,000 and a sewing machine .Now nothing much is clandestine or debatable in this case as most of the facts are present on the table, but remains a looming question is the age or mental state/nature upon which a perpetrator can be deemed to have acted as per the mindset of an adult, notwithstanding his biological age. This led to the promulgation of the Criminal Law (Amendment) Ordinance, 2013.[4] And formation for six additional fast-track courts to oversee cases related exclusively to female rape.

Sections Imposed upon the convicts -

375 of IPC
Juvenile Justice Act,2015

Summary -

Like seen above, there have been strict laws for protection of women, but they have had several anomalies. Firstly, they came up in the wake of one or the other earth-shaking mishap that forces the authorities to shake off their slumber and put up with the requirements of the society. Secondly, the laws enacted on such issues either need careful deliberations or some intelligible differentia, as to how the compensation is to be awarded to a particular victim. Fathoming the degree of the harm caused to the victim can be one such reasonable parameter. But what would be the discretion in cases that require pragmatic approach? Also, the relief and compensation reaching to the victims of heinous crimes is quite lax in its execution, in terms of whether it is availed by them with immediate effect, reasonable delay or none at all….

What seems as a respite to many in cases of rape and mob-lynching, the former one being more prominent is a new edict passed by the Government of Uttar Pradesh. In the wake of recent events in Unnao [5], Chief Minister Yogi Adiyanath had announced a 5 per cent of the compensation amount as interim relief to mob lynching, rape, acid attack victims even if the probe is yet to be completed. Apart from this, in case a victim succumb to injuries after attack, the full compensation amount will then be handed over to her family members.

Bibliography –