Rape victim entitled to higher relief: HC
The Punjab and Haryana High Court has held that a rape victim is entitled to compensation under the Union Territory of Chandigarh Victim Assistance Scheme, 2018, even if the accused was convicted before its enforcement. The court asserted legislations with social welfare objectives, such as victim compensation, must be interpreted as retrospective in a welfare state.
The ruling by Justice Harpreet Singh Brar came in a case where the victim was granted only Rs 1 lakh compensation under the earlier Victim Assistance Scheme of 2012. The court observed that the scheme was required to be viewed as a social welfare measure.
The Bench added the 2018 scheme was “clearly more beneficial than the scheme of 2012” with its enhanced compensation limits. The earlier scheme provided compensation between Rs 2 lakh and Rs 3 lakh. But the 2018 scheme significantly increased the range between Rs 5 lakh and Rs 10 lakh. It introduced specific provisions for cases where victims were impregnated as a result of rape, entitling them to additional compensation between Rs 3 lakh and Rs 4 lakh.
Justice Brar also referred to the lower court’s oversight in not referring the victim’s case to the District Legal Services Authority (DLSA) for consideration under the compensation scheme, while limiting compensation to Rs 1 lakh from a fine imposed on the convict. “This court is of the considered opinion that the trial court has erred in not realising the gravity of the situation and referring the matter to the DLSA for grant of adequate compensation,” the Bench added.
Stressing the importance of self-esteem under Article 21 of the Constitution, Justice Brar asserted efforts must be made to assist the victim to lead a life of dignity. The court observed no amount could fully compensate for the trauma endured, but the compensation would ensure that the victim and her daughter could lead a life “free from the external stressors that might otherwise impede her upbringing.”
Before parting with the order, Justice Brar asserted the 2018 scheme was drafted just a year before the conviction. “A retrospective effect must be given to such legislations as they aim to grant compensation to victims, especially those who have suffered heinous crimes and sustained profound and lasting physical, psychological and social impact. Therefore, given the gravity of the offence committed against the petitioners, ends of justice would be met if the present case is governed by the scheme of 2018 as it is more beneficial than its predecessor,” the court observed.
Justice Brar also directed the DLSA to reconsider the petitioner’s compensation under the 2018 scheme, while setting a four-week deadline.
Significance of judgement
The ruling marks a critical shift in how compensation is awarded to victims of severe crimes, signalling that legal protections and support systems should adapt to meet the realities victims face. By applying the more generous 2018 Victim Assistance Scheme retrospectively, the court sets a precedent that could impact numerous cases, ensuring that victims receive the support needed to rebuild their lives, regardless of procedural timelines. The judgment reflects evolving judicial recognition of victim rights and could mean increased financial assistance for those affected by traumatic crimes, encouraging a system focused on rehabilitation and dignity.
