Despite various rulings of the Supreme Court and lower courts on the rights of victims or survivors of various crimes for compensation, there is a lack of awareness among the public and law enforcement officials on such legislations.
The Victim Compensation Scheme came into effect when the Section 357 (A) of Code of Criminal Procedure was amended in 2009. This scheme ensures compensation to victims or survivors of crimes such as rape, acid attacks, crime against children and human trafficking among others.
With a view to enlarge the scope of the scheme, the State Government notified the Tamil Nadu Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes in October 2018.
“The scheme ensures compensation to victims or survivors of crimes (covered under the scheme) even when the case is under investigation or in trial. They are eligible to seek compensation after the police register the First Information Report. The victim is eligible for compensation even if the prosecution fails to prove the charges against the accused. The Supreme Court has awarded compensation to victims in many cases wherein the accused were acquitted after the prosecution failed to prove the charges against them beyond reasonable doubts”, says R. Karunanidhi, a lawyer practising in Madurai Bench of Madras High Court, who has been exploring the scope of the scheme in various cases.
Funds remain unutilised
According to him, the corpus funds set aside for paying compensation to the victims or dependants under provisions of the scheme remain unutilised.
The scheme mandates the Station House Officer or Superintendent of Police or Deputy Commissioner of Police to share a copy of the FIR immediately after its registration with the Tamil Nadu State Legal Services Authority(TNSLSA) or respective District Legal Services Authority (DLSA) in the event of commission of offences covered by the scheme. This enables TNSLSA or DLSA to suo motu initiate preliminary verification of facts for awarding interim compensation to the victim or dependants in deserving cases.
The victims or dependants can also apply for interim or final compensation by submitting the filled in form along with a copy of the First Information Report before TNSLSA or DLSA. Medical report, death certificate (if applicable) and a copy of the judgment or recommendation of court (if the trial is over) can also be attached to the application.
According to V. P. Sarathi of Coimbatore Human Rights Forum, there is sheer lack of awareness among law enforcement officials such as the police about the scheme.
“The law enforcing machinery has to be sensitised to the scheme and its scope. They should be able to guide and help the affected family or person in the right manner ,” he feels.
However, compared to other districts in the State, the awareness on the scheme is slowly increasing in Coimbatore. Victims of sexual assault, murder and asphyxiation during manual scavenging were recently awarded compensation in Coimbatore.
S. Balamurugan, national council member of People's Union for Civil Liberty, said that recent orders by Coimbatore District and Principal Sessions judge R. Sakthivel awarding compensation to the victim’s family in some of the cases including the murder of Dravidar Viduthalai Kazhagam member H. Farook could take the awareness and scope of the scheme to the police as well as the public.
The Mahila Court in Coimbatore also ordered to pay compensation to the family of a minor girl from Thudiyalur who was allegedly sexually assaulted and murdered and a four-year-old girl from Karamadai who was allegedly sexually assaulted by the crew of school bus.
No gender bias
According to Mr. Karunanidhi, Section 357 (A) of the CrPC assures compensation to victims without any gender bias.
“Men who are victims of crimes can also seek compensation under the scheme in eligible circumstances. In a recent case reported in Madurai, where a school student was beaten to death by another student, the High Court ordered the Principal Secretary to pay compensation to the family of the deceased boy”, he said.
