Context

Compensation for Bilkis Bano underlines the state’s obligation for horrific crimes. In ordering the Gujarat government to pay ?50 lakh to Bilkis Yakoob Rasool Bano, a gang-rape survivor of the 2002 communal pogrom in the State who has bravely fought her case, the Supreme Court has endeavoured to achieve restitutive justice.

Compensation to victim

• Less recognised in Criminal Justice System – Compensation to victims is a relatively less recognised component of criminal justice.

• State’s obligation to victims – In a system that focusses mainly on the accused, an order of compensation is as recognition of the state’s obligation to victims of crime, especially horrific acts.

• Handing over the fine amounts paid by the accused as part of their sentence is one aspect of such justice; another aspect is for the court to ask the government to compensate the victim from its own coffers.

Judgement by the court in Bilkis Bano Case

The court was told that she was leading an itinerant, hand-to-mouth existence. It is in these circumstances that the Bench headed by Chief Justice of India Ranjan Gogoi awarded her ?50 lakh, besides asking the State government to provide her with a government job and a house.

Background of the case

• Ms. Bano’s case is indeed a rare one: criminal prosecution resulted in conviction and life sentences to 11 persons.

• The sentences were upheld by the Bombay High Court.

• Inaction on the part of the police – Further, the court found deliberate inaction on the part of some police officers and that the autopsies were perfunctory and manipulated.

• The Supreme Court has asked for the pension benefits of three police officers to be withdrawn.

• State’s Inaction – In short, this is a concrete instance of state inaction and negligence that would normally justify the payment of a hefty compensation.

Existing provision  on Victim Compensation

• Not every crime would have a similar set of circumstances.

• While convictions are not easy to come by in cases of mob violence, victim compensation may often be the only way to ensure some justice.

• Section 357A – The Code of Criminal Procedure was amended in 2008 to insert Section 357A under which every State government has to prepare a scheme to set up a fund from which compensation can be paid to victims of crime and their dependants who have suffered loss and injury and who may require rehabilitation.

• Central Victim Compensation Fund – The Centre has a Central Victim Compensation Fund.

• Compensation Scheme – On Supreme Court directions, the National Legal Services Authority has prepared a compensation scheme for women victims and survivors of sexual assault and other crimes. Many States have notified schemes on these lines.

Conclusion

While on paper there is a mechanism to assess rehabilitation needs and pay compensation, there is a need to streamline the schemes and ensure that the compensation process is not done in an ad hoc manner, but is based on sound principles.