Senior Advocate Indira Jaising today made some pertinent submissions in the Supreme Court relating to compensation of rape victims..The submissions were made in a plea filed by Jaising seeking details of compensation and other measures undertaken by States under Section 357A of the Code of Criminal Procedure..Jaising, who is also the Amicus Curiae in the case, told the Court today that actual disbursement of compensation money was not happening. Further, she also submitted that due to the non-uniformity in the schemes framed by different States, there is big difference in the money awarded to rape victims in different States..She further submitted that the compensation was not being disbursed till the conviction of the accused, thereby defeating the object of the victim compensation scheme..Interestingly, Jaising also raised the issue of Centre washing its hand off such matters..“Standard argument by Centre is that law and order is a State matter. That is the answer I get in all courts”, said Jaising while also pointing out the duty of the Centre under Article 256..The Bench comprising Justices Madan B Lokur and Deepak Gupta took serious note of her submissions and quizzed the Centre on the state of affairs..“Money is not being disbursed. Forget whether Amicus has assisted you or not, that does not absolve you of your responsibility”, remarked Justice Deepak Gupta..The Centre was also cornered on the fact that there was no clarity on which Ministry/Department is actually responsible for victim compensation..The Court noted in its order about the absence of an integrated system for disbursal, management and payment of compensation for victims of sexual assault..“It appears to us that there is no integrated system with regard to disbursal, management and payment of compensation for victims of sexual assault. Prima facie, it appears to us that funds are being handed over to the States by the Union of India but there is no payment to the victims. There is no record of how many victims of sexual assault have received compensation and to what extent and how much time it has taken and at what stage compensation is paid to the victims.”.Terming it as a sorry state of affairs, the Court held that it would,.“like to hear submissions from the learned Amicus as well as learned counsel for the Union of India on how best to evolve an integrated and cohesive system of payment of compensation to victims of sexual assault and also steps to rehabilitate these victims or at least reduce or eliminate the trauma they have undergone”..The case is now listed for hearing on October 4..Read the order below.
Senior Advocate Indira Jaising today made some pertinent submissions in the Supreme Court relating to compensation of rape victims..The submissions were made in a plea filed by Jaising seeking details of compensation and other measures undertaken by States under Section 357A of the Code of Criminal Procedure..Jaising, who is also the Amicus Curiae in the case, told the Court today that actual disbursement of compensation money was not happening. Further, she also submitted that due to the non-uniformity in the schemes framed by different States, there is big difference in the money awarded to rape victims in different States..She further submitted that the compensation was not being disbursed till the conviction of the accused, thereby defeating the object of the victim compensation scheme..Interestingly, Jaising also raised the issue of Centre washing its hand off such matters..“Standard argument by Centre is that law and order is a State matter. That is the answer I get in all courts”, said Jaising while also pointing out the duty of the Centre under Article 256..The Bench comprising Justices Madan B Lokur and Deepak Gupta took serious note of her submissions and quizzed the Centre on the state of affairs..“Money is not being disbursed. Forget whether Amicus has assisted you or not, that does not absolve you of your responsibility”, remarked Justice Deepak Gupta..The Centre was also cornered on the fact that there was no clarity on which Ministry/Department is actually responsible for victim compensation..The Court noted in its order about the absence of an integrated system for disbursal, management and payment of compensation for victims of sexual assault..“It appears to us that there is no integrated system with regard to disbursal, management and payment of compensation for victims of sexual assault. Prima facie, it appears to us that funds are being handed over to the States by the Union of India but there is no payment to the victims. There is no record of how many victims of sexual assault have received compensation and to what extent and how much time it has taken and at what stage compensation is paid to the victims.”.Terming it as a sorry state of affairs, the Court held that it would,.“like to hear submissions from the learned Amicus as well as learned counsel for the Union of India on how best to evolve an integrated and cohesive system of payment of compensation to victims of sexual assault and also steps to rehabilitate these victims or at least reduce or eliminate the trauma they have undergone”..The case is now listed for hearing on October 4..Read the order below.
