Under the Union Territory of Chandigarh Victim Assistance Scheme, 2018, any rape victim is entitled to compensation even if the accused is convicted before the enactment of the scheme affirmed, by the Punjab and Haryana High Court.
The ruling given by Justice Harpreet Singh Brar came in a case where the victim was given only Rs 1 lakh in compensation under the previous Victim Assistance Scheme of 2012.
The court held that the scheme was required to be viewed as a social welfare. The court further asserted that the legislation with social welfare objectives must be seen as welfare in the state.
The bench of Justice Brar differentiated between the two schemes and said that the scheme of 2018 was “clearly more beneficial than the scheme of 2012” given the increase in compensation limits.
Earlier, the scheme only granted compensation between Rs 2 lakh and Rs 3 lakh. However, the 2018 scheme saw a significant increase ranging from Rs 5 lakh to Rs 10 lakh. The scheme also included the provision of cases where the victims were impregnated as a result of rape, therefore, entitling them to additional compensation between Rs 3 lakh and Rs 4 lakh.
Justice Brar also condemned the lower court's failure to notice the gravity of the victim’s case and not refer the case to the District Legal Services Authority (DLSA) for consideration under the victim compensation scheme.
He also denounced limiting the reparation 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 said.
Further underlining the importance of self-esteem under Article 21 of the Constitution, Justice Brar said efforts must be made to help the victim to lead a life of dignity.
The bench observed that no amount could fully compensate for the trauma suffered by the victim.
But it would ensure that the victim and her daughter could lead a life “free from the external stressors that might otherwise impede her upbringing.”
Justice Brar asserted that the scheme enacted in 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 said.
Justice Brar further charged the DLSA, Chandigarh, to reconsider the petitioner’s compensation under the 2018 scheme, while settling a four-week deadline.
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