The Planning Commission has proposed a scheme of financial assistance for victims of rape as part of an effort to ensure restorative justice. It has recommended compensation of up to Rs 3 lakh besides official assistance to tide over the victims immediate and long-term needs.
In a note to the Ministry of Women and Child Development,the Planning Commission has pointed out that while it is essential to punish the perpetrators,the womans dignity and self-confidence must be restored as well.
It is this principle of restorative justice that must form the basis of efforts to address the trauma that the affected woman goes through and may entail compensation in the form of financial aid and various support services, it said.
Under the proposed scheme,a victim would be entitled to financial assistance and restorative support adding up to a maximum of Rs 2 lakh,which may be raised to Rs 3 lakh if she is a minor or mentally challenged,or gets pregnant or infected with HIV following the rape.
A victim must file a first information report (FIR) to apply for assistance. The scheme will not prevent an affected woman from seeking relief from the courts under Section 357 CrPC.
The Plan panel has suggested that a District Criminal Injuries Relief and Rehabilitation Board,to be chaired by the district magistrate,be created in all districts of the country,with exclusive jurisdiction to deal with applications for assistance under the scheme in the district.
The superintendent of police,civil surgeon,and the district medical health officer would be members of the board,says the note. A state-level board should be created to monitor the functioning of the district boards,the Plan panel has recommended.
The application for financial assistance and support services must be filed either by the affected woman,or by a person,department or commission acting on her behalf within 60 days of the registration of the FIR. The station house officer of the police station concerned must forward to the board,within 72 hours,a copy of the FIR,along with the medical report and preliminary investigation report.
On being satisfied that a prima facie case exists,the district board may order disbursement of interim financial assistance of Rs 20,000 within 15 days,the Commission has suggested. The board may also spend up to Rs 50,000 to extend support services to the victim.
According to the Plan panel,the National Commission for Women first proposed such a scheme in 1995,which the government subsequenty examined. The contours of the scheme were recently discussed with NGOs,lawyers and activists.


