Compensation and Rehabilitation of Rape Survivors A Constitutional Right
DOI:
https://doi.org/10.48165/Keywords:
Compensation, Rehabilitation, Restitution, Rape, Crime against Women, Sexual Harassment of Women Introduction:Abstract
Supreme Court of India recently observed that no compensation can be adequate nor can it be of any respite for the victim but as the State has failed in protecting such serious violation of a victim’s fundamental right, the State is duty bound to provide compensation, which may help in the victim’s rehabilitation. The humiliation or the reputation that is snuffed out cannot be recompensed but then monetary compensation will at least provide some solace. Cases of rape and sexual violence against women and children are increasing throughout India inspite of post Nirbhaya amendments in the Criminal Law in 2013 and enactment of other special statue. This paper deals with modern approach of penology and victimology which is striking a balance between rights of accused, victim and society. Various statutory provisions and decisions of the Supreme Court have been studied and analysed to highlight the need for compensation and rehabilitation of rape survivors as a constitutional obligation for human rights cause. Factors considered for deciding quantum of compensation, mechanism to fast track for delivery of compensatory relief and long term rehabilitation has been discussed and recommendation for implementation. Critical analysis of Victim Compensation Schemes (VCS) in various states after amendments and insertion of Section 357 A, in Criminal Amendment Acts, 2009 and 2013 was done in this paper.
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References
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