The Shame Of It

t was a scheme that was finally announced in 2006 in response to a 1995 Supreme Court order to provide financial relief to rape victims. In fact, Rs 59 crore was allocated to get it off the ground. But the fund remains unutilised till date. Reason: the lack of any mechanism to authenticate a rape victim’s testimony. “It is true that there were hiccups in putting the scheme to practice—some issues need to be solved before implementation,” admits Krishna Tirath, Union minister for women and child development. “We’re working towards a mechanism that will corroborate the testimony of a rape victim without hurting her dignity.”

Initiated in the Eleventh Plan as the ‘Scheme for Relief and Rehabilitation of Victims of Sexual Assault’, the idea was to set up more forensic labs and DNA testing centres in various districts and provide special care for minor rape victims. The scheme was also expected to focus on the safety of rape victims. To this end, it advocated provisions be made to ensure a victim’s safety till she testifies in court and a specially designated judge be appointed in the district court to deal with rape cases. Resources were also to be allocated to sensitise law-enforcement agencies and medical establishments towards the whole gamut of issues involved.

The draft prepared by the National Commission for Women (NCW) recommended the immediate online filing of firs and recording of the victim’s statement by lady police officers. This, it was noted, would ease the process of offering monetary compensation to victims. None of the recommendations, however, have been implemented so far.

“These are welcome suggestions but there are grey areas that need attention,” says Supreme Court lawyer Aditya Das. “As per the recommendations, the monetary compensation will be given through boards that will be set up across the country. But the board also requires a mechanism that would scientifically support the victim’s testimony. There are many cases of rape where the victim is married and it’s difficult to establish that she has been raped. It’s a flaw that needs to be rectified and replaced.”

The apex court, while hearing the case filed by a Delhi domestic working women’s forum in ’95, had directed the NCW to evolve a “scheme to wipe out the tears of unfortunate victims of rape”. It observed that, as per the principles in Article 38(1) of the Constitution, it was necessary to set up a criminal injuries compensation board. Besides the mental anguish, rape victims often incur substantial financial loss and in some cases are too traumatised to continue in employment. The court also directed that compensation for victims be awarded by the court upon the offender being convicted and by the board irrespective of whether or not a conviction has taken place.

“I personally feel these issues need attention and solutions,” says Tirath. “So, the ministry is organising a national consultation programme, followed by the required steps that will help us formulate the scheme and make it functional.” Meanwhile, the WCD ministry has written to the home and law ministries to extend their help and be a part of the national consultation programme. “This is certainly an issue that needs checks,” says former Law Commission member Kirti Singh. “A rape victim’s testimony can be verified through various scientific methods. This is such a sensitive issue that the government should have utilised the funds in the first term. A round of consultation with experts would have evolved a mechanism without delay. But better late than never.”