Rape victim entitled to higher compensation under 2018 scheme: High Court

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 the scheme's 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 of the high court came in a case where the victim was granted only Rs 1 lakh compensation under the earlier Victim Assistance Scheme of 2012, despite her traumatic ordeal. The court observed that the scheme was required to be viewed as a social welfare measure.

Distinguishing the two schemes, 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 victim 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 realizing the gravity of the situation and referring the matter to 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 scheme of 2018 was drafted just a year before the conviction.

“A retrospective effect must 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”.

Justice Brar also directed the DLSA, Chandigarh, to reconsider the petitioner’s compensation under the 2018 scheme, while setting a four-week deadline.