When the quantum of compensation is discussed it has seen that the different provisions have been provided with different compensation schemes and some state that the fine scheme will amount to the fine. But when the fine and maturity of the quantum of compensation are tallied together, it won’t amount to equity and justice. For example, the compensation for the rape is three lakh which is not sufficient for the treatment of the rape victim. The same is with the acid attack survivor as they get just three lakh for their treatment which is insufficient in overall injury caused to the accused.[1]
The quantum of victim compensation is unjust in the country India. In the case of the loss of the fetus, the woman will only get fifty thousand as compensation for injury or loss she has suffered. And for the person who has suffered 80 percent of disability will also amount of the compensation is just 2 lakh which is insufficient in respect of the loss. For sexual assault also just fifty thousand doesn’t amount to sufficient to recover from the loss or injury.
But this compensation can be efficient when it can be processed. The first is by making the application to the district or state legal service authority. An application can be made for temporary or final compensation. It can be filed by the Victims or their dependents or the SHO of the area. The application must be submitted along with a copy of the First Information Report, medical report, death certificate, if available, copy of judgment or recommendation of court if the trial is over, to the State or District Legal Services Authority.
The second step is the scrutiny stage where the District Legal Service Authority of every state first verifies the content of the claim. Specific loss, injury, rehabilitation is taken into consideration. Then the third step is for deciding the quantum of compensation that should be given to the victims of the crime. The quantum of compensation to be granted is decided on the factors like the gravity of the offense and the loss suffered by the victim, medical expenses incurred during treatment, loss of livelihood as a result of injury or trauma, and so on.
The fourth step is of knowing the method of disbursement of compensation that the amount of compensation so awarded shall be disbursed by the respective Legal Service Authority by depositing the same in a Nationalized Bank in the joint or single name of the victim. Out of the amount so deposited, 75% of the same shall be put in a fixed deposit for a minimum period of three years. The remaining 25% shall be available for utilization and initial expenses by the victim, as the case may be. In the case of a minor, 80% of the amount of compensation so awarded, shall be deposited in the fixed deposit account and shall be drawn only on attainment of the age of majority, but not before three years of the deposit.
So these were the ways where the quantum of compensation can be studies and its maturity can be improved so that the victim can feel justice.
Procedure of victim compensation
The main idea of victim compensation is to have an effective reformation, resocialization, and reintegration of the victim in the social mainstream. In the light of penological thinking and in the administration of criminal justice are just and imperative. But unfortunately, it didn’t draw its attention to the victim compensation. But the concept of victim compensation was gradually adopted and resulted in having awarded in many cases.[2]
Therefore, to study the quantum of punishment, there is a need to understand the different approaches regarding the compensation claimed by the victim. The first approach is the fragmentary legal approach which works upon the negation of compensating victims of crime. The law forming the basis of payment by the offender of compensation to victims of crime in criminal processes in India is not comprehensive.
The quantum of victim compensation is mostly dependent upon the discretion of courts where the quantum of compensation is based upon the case to case. And also there is also no legal compulsion to the court to award the same. Further, the law governing the recovery of the compensation ordered again leaves it to the sweet will of the courts to initiate legal proceedings to recover the amount of compensation and pay it to the victims.
The discretionary power of courts coupled with the absence of a legal right in favor of victims of crime to claim compensation, their ignorance of the underlying objects of these statutory provisions, apathy and reluctance to invoke their powers, partly developed by offender-oriented criminal jurisprudence and dominance of the idea of reformation, resocialization, and reassimilation of the offender in the social mainstream over the plight of victims and their reparation, ultimately proved to be a mere legislative decorum. Therefore when practically applied and studied, victim compensation has been rarely awarded and practiced in Indian Justice System
There is a requirement to have reconsideration of the quantum of compensation as based upon the discretionary system s not helping the victim to recover from the injury they are suffering from the offense. At least there should be a defined amount of the quantum of compensation. As it is mentioned in the Indian Penal Code that the fine may act as compensation, but it won’t result in the fulfillment of the need of the victim for the loss they have suffered from the offense.
By reconsidering, there will be an increase in the practical utility of the statutory provision as a law that governs the compensation in India. Through this reconsideration, there are chances that the discretionary power may convert into the legal mandate and through this compensation order may amount to necessity. And also this won’t amount to any alternative but will amount to compulsion.
Another alternative is also to have a creation of an institutionalized system where the criteria for the compensation fund is to be administered by an independent body, statutory or non-statutory, which deserves serious consideration by the policymaker in India. Through this, there will be a detailed investigation and study of the case too. There will be institutionalized payment of compensation through which there will strengthening the payment of the compensation to the victim for the loss or injury they have faced. The scheme will also see through the scheme and satisfaction of the victim’s loss and injury.
Therefore, these schemes will help in improving the quantum of compensation that the victim should be paid and would amount to improve the system of the victim compensation. And also this will help in rehabilitation and resocialization in a just way.
[1] Laxmi v. Union of India
[2] Ram Phal vs State And Ors CRL.A.1415/2012