TOPIC-RAPE VICTIMS' RIGHT TO COMPENSATION, EVEN AFTER LOSING THE

CASE:
Right to Compensation
The victims shall always be granted an interim to relief which amounts to 25% of the
compensation amount, irrespective of the whether she was successful in her claim or not. There
is a National Legal Services Authority which has also released the Rules for the compensation in
the Compensation Scheme for the Women who are the victims or the survivors of the sexual
assault and the other crimes according to the year 2018.
In the case of the Serina Mondal Alias Piyada vs. State of West Bengal in the 2018[7] the SCC
Calcutta 4238, the rape was restated as the failure of the state to protect the rights to live of the
victim. The Hon’ble Court observed that the compensation is awarded under the scheme as
formulated pursuant to Section 357A of Cr.PC as the fundamental rights of the victims under the
Article 21 which has been in the fact violated. Denial of the compensation to such victim would
continue such violation and perpetrate gross inhumanity on the victims in question. In the case
of Manohar Singh vs. State of Rajasthan[8] and others the court justified the interim
compensation to the victim even if the crime goes unpunished.
There are several Factor which also include while pursuing the claim for the compensation are
the Mental harm/ physical harm, Loss of educational opportunity, Loss of employment, If the
victim gets infected by a diseases, financial condition of the victim or the disability of the victim
or in the case of death.
2-) My opinion for Mumta:-
Section 357A- victim compensation scheme:-
This provision made by Supreme Court direction for forming a scheme for compensation.
Case- Nipur Saxena v. Union of India
The Supreme Court held at in this case. All rape victims will be given compensation of a
minimum of ₹ 400,000 and a maximum of ₹ 7 lakh. If coldfield this amount is not sufficient for
rape victim so then it can give more than ₹ 700,000.
Calcutta High Court-
Serina Mondal v. State of West Bengal and ors 2018
In this case Calcutta High Court held at composition is given under section 375A. It is given
because victim fundamental rights has been violated. State has duty to save you but here has
failed to perform our duty properly. Due to which rape took place.
Mohan Singh versus state of Rajasthan and others.
Supreme Court held that compensation can be given even if crime does unpunished for Warne
of adequate evidence
ABDUL REHMAN
Inter at UbAdvocate
Abdul.rehman.242668@gmail.com
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