Case Studies On Victim Compensation Programs
1. Lillu @Lallu v. State of Haryana (2009, Supreme Court)
Court: Supreme Court of India
Key Issue: Compensation to rape victims under Section 357A CrPC.
Facts:
The victim, a minor girl, was sexually assaulted. Despite the conviction of the accused, the victim had not received adequate compensation for medical treatment and rehabilitation.
Judgment:
The Supreme Court emphasized the State’s obligation under Section 357A CrPC to provide compensation to victims of crime.
It directed the Haryana government to pay compensation to the victim for trauma, medical expenses, and rehabilitation.
The court observed that financial support is crucial for recovery and reintegration of victims.
Significance:
Established that victim compensation is a statutory right, not merely discretionary.
Set a precedent for proactive state intervention in victim support programs.
2. Delhi Domestic Working Women’s Forum v. Union of India (1995, Supreme Court)
Court: Supreme Court of India
Key Issue: Compensation for victims of sexual harassment and assault.
Facts:
The petitioner highlighted cases of sexual harassment and assault in Delhi, seeking not just prosecution of offenders but adequate compensation and rehabilitation for victims.
Judgment:
The court recognized that compensation is essential for protecting victims’ dignity and livelihood.
Directed the government to set up structured victim compensation schemes.
This laid the foundation for formal victim compensation programs under the CrPC and later the Victim Compensation Schemes of various states.
Significance:
Reinforced that compensation and rehabilitation are part of justice, not just punishment.
Influenced subsequent state-level victim compensation programs.
3. State of Punjab v. Gurmit Singh (1996, Supreme Court)
Court: Supreme Court of India
Key Issue: Compensation to victims in cases of crime causing permanent injury or loss of life.
Facts:
A motor accident caused by negligence of a government vehicle led to death and serious injuries. The victims’ families sought compensation.
Judgment:
The court ruled that compensation must be prompt and adequate, irrespective of whether criminal proceedings are ongoing.
It highlighted that State machinery has a duty to ensure victims are financially supported, citing Article 21 (Right to Life) of the Constitution.
Significance:
Established that victim compensation is linked to human rights.
Strengthened the legal basis for automatic victim compensation in accident and crime cases.
4. Union of India v. Delhi High Court Legal Services Committee (2008)
Court: Delhi High Court
Key Issue: Compensation for victims of acid attacks.
Facts:
Victims of acid attacks demanded medical care, rehabilitation, and compensation from the government. Many were left without treatment and financial support.
Judgment:
The court ordered victim compensation under Section 357A CrPC, including medical treatment, counseling, and financial assistance.
Directed states to implement Victim Compensation Schemes for acid attack victims.
Recognized that victims face life-long trauma, and financial aid is essential for their dignity and rehabilitation.
Significance:
Set a precedent for targeted compensation schemes for specific crimes like acid attacks.
Expanded the scope of victim compensation beyond general crime victims.
5. State of Uttar Pradesh v. Ram Lakhan (2011, Allahabad High Court)
Court: Allahabad High Court
Key Issue: Compensation in custodial death cases.
Facts:
A person died in police custody due to negligence and torture. The family filed for compensation under Victim Compensation Programs.
Judgment:
The court emphasized state accountability for custodial crimes.
Directed the UP government to pay adequate compensation to the family, including financial support and rehabilitation measures.
Observed that timely compensation is a form of justice and prevents secondary victimization.
Significance:
Reinforced that victim compensation is not limited to common crimes but includes state liability.
Strengthened judicial oversight on government compliance with compensation schemes.
✅ Key Takeaways from These Cases:
Victim compensation is a statutory right under Section 357A CrPC, not optional.
Compensation covers medical treatment, trauma counseling, rehabilitation, and financial support.
Courts actively monitor state compliance in disbursing compensation.
Compensation applies to a wide range of victims, including rape, assault, acid attacks, accidents, and custodial deaths.
Judicial precedents have expanded the scope of victim compensation programs, making them more structured and accessible.
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