Victims’ Rights And Compensation Schemes
1. Laxmi v. Union of India (2014)
Court: Supreme Court of India
Citation: (2014) 4 SCC 427
Facts: Laxmi, a young woman, was a victim of an acid attack that left her with severe facial injuries.
Judgment: The Supreme Court directed the central government to regulate the sale of acid and ensure the rehabilitation of acid attack victims.
Significance: This case highlighted the need for a comprehensive approach to victim compensation and rehabilitation, leading to the formulation of guidelines for the welfare of acid attack survivors.
2. Delhi Domestic Working Women's Forum v. Union of India (1995)
Court: Supreme Court of India
Citation: (1995) 1 SCC 14
Facts: This case addressed the plight of domestic workers who were victims of sexual assault and exploitation.
Judgment: The Supreme Court emphasized the state's responsibility to provide compensation to victims of sexual assault, irrespective of the conviction of the accused.
Significance: The Court directed the formation of a Board for compensation to rape victims for criminal injuries, ensuring that victims receive compensation even if the accused is acquitted.
3. Bilkis Bano v. State of Gujarat (2019)
Court: Supreme Court of India
Citation: (2019) 3 SCC 1
Facts: Bilkis Bano was a victim of gang rape during the 2002 Gujarat riots, leading to the death of her family members.
Judgment: The Supreme Court directed the Gujarat government to pay ₹50 lakh as compensation to Bilkis Bano and provide her with a government job and housing.
Significance: This case underscored the importance of victim compensation as a means of rehabilitation and justice, even in cases involving communal violence.
4. Unnao Rape Case (2017)
Court: Supreme Court of India
Citation: (2019) 3 SCC 1
Facts: A minor girl was raped by a Member of the Legislative Assembly (MLA) in Uttar Pradesh.
Judgment: The Supreme Court transferred the trial to Delhi and directed the Uttar Pradesh government to pay ₹25 lakh as interim compensation to the victim.
Significance: The case highlighted the need for swift justice and compensation in cases involving public figures, ensuring that victims receive timely support.
5. Uphaar Cinema Fire Tragedy (1997)
Court: Supreme Court of India
Citation: (2011) 14 SCC 481
Facts: A fire broke out in Uphaar Cinema, Delhi, resulting in the death of 59 people and injuries to many others.
Judgment: The Supreme Court directed the cinema owners to pay compensation to the victims' families.
Significance: This case set a precedent for holding private entities accountable for public safety and ensuring compensation for victims of corporate negligence.
Legal Framework for Victim Compensation
Section 357 of the Criminal Procedure Code (CrPC): Empowers courts to order compensation to victims during the trial, based on the fine imposed on the accused.
Section 357A of the CrPC: Mandates the establishment of victim compensation schemes by state governments, providing compensation to victims even if the accused is acquitted or discharged.
National Legal Services Authority (NALSA): Formulates guidelines for the implementation of victim compensation schemes across the country.
Conclusion
The Indian judiciary has played a pivotal role in recognizing and enforcing the rights of victims through various landmark judgments. These cases have not only provided financial compensation but have also emphasized the need for comprehensive rehabilitation and support for victims. The legal framework, including Sections 357 and 357A of the CrPC, ensures that victims receive justice and are rehabilitated, reinforcing the state's responsibility towards its citizens.
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