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Home > Archives > Volume 20, No 8 (2022) > Article

DOI: 10.14704/nq.2022.20.8.NQ44653

VICTIM COMPENSATION FOR MEDICAL TREATMENT OF RAPE SURVIVORS IN DELHI NEED FOR PREPARATION OF VICTIM IMPACT ASSESSMENT REPORTS

AANCHAL BUMB, SHUBHAM SHANDILYA, DR. GIRISH ABHYANKAR

Abstract

Medical needs of rape survivors include both physical treatment and mental health counselling. The victims might not have the resources to avail proper medical treatment for injuries, abortion or any other sexually transmitted disease contracted because of the offence. Rape often leaves the victim in trauma and to overcome the same, timely mental health counselling is also necessary. For all such expenses, the victim must be reimbursed in the form of compensation. To properly compensate the victims, the first step is to analyze the impact of the offence and the preparation of victim impact assessment report as per the Delhi High Court judgement (3-judge bench) in the recent casetitled Karan v. State NCT of Delhi 277(2021) DLT 195which shall act as a guide to decide the quantum of compensation needed by the victims. Thereafter, decision should be made whether the compensation is to be paid by the accused under Section 357 Code of Criminal Procedure, 1973 (CrPC) or by the State under Section 357-A of CrPC. The purpose of this study is to analyze the various existing provisions in law to grant compensation to rape survivors and to assess whether victim impact assessment reports are being prepared on a regular basis by the authority in-charge i.e District Legal Services Authority (“DLSA”). For the study of the later, empirical data has been collected from the DLSA offices. The study is important to assess whether the current provisions of law are sufficient and are being justly and timely implemented.

Keywords

Compensation, District Legal Services Authority, Medical expenses, Victim impact assessment.

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