Supreme Court of India

The directions of the Supreme Court of India on evolving proper schemes for sex workers across
the country were highlighted in a report by our Legal Correspondent published in The Hindu of
August 3, 2011. In its order of August 2, the Bench of Justices Markandey Katju and Gyan
Sudha Misra commended the panel it had constituted, which is headed by senior counsel Pradip
Ghosh, for going about the task assigned to it "in right earnest." Noting that it would take time to
rehabilitate sex workers in India, the court observed that "it is ultimately the people of the
country, particularly the young people, who by their idealism and patriotism can solve the
massive problems of sex workers." The court particularly appealed to the youth of the country to
"offer their services in a manner which the panel may require so that the sex workers can be
uplifted from their present degraded condition.

In the case of St. Vs. Mukesh @ Bitoo Etc23. The Rohini trial court which convicting person for
kidnapping and rape awarded compensation to the victim the court said that where it is not
probable to take compensation from offender, the state is under a duty to compensate the victim.

In Bodhisathua Gautam vs. Subhra Chakraborty1 Jurisdiction to pay compensation (interim and
final) has to be treated to be a part of the over all jurisdiction of the courts trying the offences of
rape which is an offence against basic human right.

In state of Rajasthan v. Om Prakash the Supreme Court 2 observed that it is necessary for the
courts to have a sensitive approach when dealing with cases of child rape. The effect of such a
crime on the mind of child is likely to be lifelong.

Compensation as a Weapon to combat case properly -

A victim of Rape Cannot reach to that state of mind or peace at which she was if thus brutal act
is not committed, we cannot say monetary compensation to a victim is sufficient for her to come
out of this mental trauma. But, simultaneously victim being in helpless state is unable to put up

1
AIR 1996 SC 922.
2
(2002) 5 SCC 745.
the case sufficiently and to fulfill tern mediate needs for survival due to victim being poor, or
being left by family members.

Monetary compensation is a way to raise the helping hand to a person who for the time being is
unable is lead a normal life. Due to lengthy judicial system, delays, society's oxthodox . it will be
very difficult for victim of rape to move on early so, a suitable period of time will bring about a
change in victim's condition.

The courts have made it mandatory to provide compensation to victim of rape to come out from
this disastrous act and to be independent in case where family break all ties with her.

Monetary compensation is not provided to encourage this brutal act but rather to provide a kind
of material help to persons who become sufferer from this act.

In M/S Tata Steel Ltd. Vs/ M/S Atma Tube Products Ltd. & Ors.

The victim has a right to b represented by an advocate of his choice and if he is not in a position
to afford, to provide an advocate at the State expenses, victim has to right to participate in
Criminal trial.