Quest For Justice Right To Compensation For Dalit Rape Victim-Survivors

Debarati Choudhury

Dalit women face multiple layers of discrimination and barriers when attempting to participate in the criminal justice system. The police and judiciary, which should safeguard vulnerable communities, regularly become structures through which violence against Dalit women is perpetuated. Police often refuse to register FIRs or delay filing charge sheets; cases are frequently dismissed as closed or false. Arrests of the accused are sporadic, with FIRs only filed after protests and activism, while Dalit women face threats from the dominant caste community, as well as police, judiciary, and public prosecutors.

“You have to go to the DSP, IG, SP and only if you go to the DGP, FIRs will get filed. We cannot ensure arrests. The officials think that if compensations are given, then justice is done. They feel they are doing a favour by giving compensations” (AIDMAM, 2018, p.31). Compounded by multiple vulnerabilities that Dalit women’s lives are intertwined with, they often struggle to understand the intricacies of legal proceedings, due to a severe lack of proper legal counsel and guidance about case status and hearing dates (NDMJ-NCDHR, 2020)

In the IDSN briefing note prepared for the 11th session of the Human Rights Council, it has been reported that perpetrators of violence against Dalit women, and their supporters, actively prevent survivors from obtaining justice in 26.5% of violence cases. In another 40.2% of cases, dalit survivors don’t attempt legal remedies due to fear of perpetrators or social dishonour, and there is documented evidence of “threats to their life, family, job, community, homes, children, and economic status” (AIDMAM, 2018, p.26)

Right to compensation

The fundamental philosophy behind providing compensation is often misunderstood by government machinery. Instead of viewing it as a right and the state’s admission of failure to protect scheduled communities, officials treat compensation as charity and behave like feudal lords dispensing patronage. This attitude transforms victims into supplicants moving around seeking compensation. A survivor’s inability to participate in the trial does not legally negate her right to compensation, though in practice it significantly impacts her ability to access it. In The Elusive Search for Justice: 30 year review of the SCs & STs (PoA) Act, HRF notes

The social welfare department has to pay compensation stage-wise to the victims, based
on the rules under the Act. Usually what happens is that, that too after representation
only, the first tranche of compensation is released, and the rest is not paid. Likewise, the
rehabilitation process is also not taken care of. One reason is a lack of perspective, and
the other is the lack of proper procedure. Compensation is paid only after repeated pursuance by concerned human rights organisations in the form of representations, advocacy, and lobbying. Getting compensation from the Women and Child Welfare Department is almost impossible, and is a testing time for the victims (2020, p.17).

Dalit women and their families are frequently not informed about their rights and are unaware of the complex procedures for applying for compensation. According to Section 357-A of the Code of Criminal Procedure, every state is mandated to set up a victim compensation fund, and the payment of compensation is not dependent on conviction. Victim-survivors are legally entitled to claim a portion of compensation immediately after filing the police complaint. However, compensation is rarely paid proactively and requires repeated advocacy by human rights organizations.

A robust victims and witness’s rights mechanism was included in a significant way through the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2015 (and the rules subsequently in 2016). This introduced a comprehensive compensation and rehabilitation regime that was supposed to ensure that despite socio-economic difficulties, victim-survivors should be guaranteed means by the State to participate in the trial. Rule 12(4) of the Atrocities Act states that the first instalment must be disbursed within seven days of registration of FIR. Further, the Act calls for the provision of immediate non-monetary support such as medical, shelter, clothing, food, etc., also within seven days. However, these guidelines are rarely followed on the ground.

The impact of such state and judicial neglect has been documented through multiple cases in the report “Justice Denied: Sexual Violence & Intersectional Discrimination” by Swabhiman Society and Equality Now which examines barriers to justice for Dalit women and girls in Haryana. In one such case, the school principal accused of raping an adolescent Dalit girl used his dominant caste position to pressure the survivor’s family into settling the case. The perpetrator allegedly bribed police who then delayed the investigation and pushed the family to compromise. When the survivor withdrew from participation, the police closed the case (p.22).

In another case involving a 5-year old child, the court ordered compensation of INR 800,000. However, 18 months after the court order, the amount had still not been received, with authorities claiming lack of funds. This continues to occur despite state governments not fully utilizing allocated victim compensation funds (Ministry of Women and Child Development, Nirbhaya Fund, 19 July 2019).

Due to their socio-economic vulnerability and lack of political will from the State, combined
with both caste and gender identities of Dalit women, they face increased exposure to casteist
retaliation once trial starts while having no access to remedies. This affects their participatory
rights in the trial and therefore reduces their capacity to pursue compensation claims. The
systemic failure to ensure Dalit women’s rights in accessing interim compensation reflects
broader patterns of institutional discrimination and highlights the need for reforms to make
compensation processes more accessible, timely, and responsive to the needs of victim-survivors of caste-based sexual violence.

References

All India Dalit Mahila Adhikar Manch – NCDHR. (2018). Voices against caste impunity; Narratives of Dalit women in India. New Delhi. https://www.ncdhr.org.in/wp-content/uploads/2019/02/AIDMAM-Voices-against-Caste-Impunity.pdf

Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code. (2013). (Act 13 of 2013, amended by Act 22 of 2018). https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_000010_197402_1517807320555&orderno=401

Edwin, HRF. (2020, September). The elusive search for justice: 30 year review of the SCs & STs (PoA) Act. Institute of Human Rights Advocacy and Research, Chennai. https://www.cvmc.in/wp-content/uploads/2022/10/30-Years-review-2020-English.pdf

International Dalit Solidarity Network, Cordaid, Justice & Peace Netherlands, National Campaign on Dalit Human Rights, & Feminist Dalit Organisation Nepal. (2011). Violence against Dalit women: Briefing note prepared for the 11th session of the Human Rights Council. https://idsn.org/wp content/uploads/user_folder/pdf/New_files/Key_Issues/Dalit_Women/HRC-11_briefing_note_-_Violence_against_Dalit_Women.pdf

JUSTICE DENIED: SEXUAL VIOLENCE & INTERSECTIONAL DISCRIMINATION Barriers to Accessing Justice for Dalit Women and Girls in Haryana, India. (2020, November). Equality Now and Swabhiman Society. https://equalitynow.org/wp-content/uploads/2020/11/EN-Haryana_Report-ENG-PDF-1.pdf

Ministry of Welfare. (1995, March 31). The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. Government of India. https://socialjustice.gov.in/writereaddata/UploadFile/POA%20Act.pdf

National Commission for Women, 1996. Women of Weaker Sections: Socio-Economic Development of Scheduled Caste Women. New Delhi: National Commission for Women, p.33.

Press Information Bureau. (2019, July 19). Nirbhaya Fund. Ministry of Women and Child Development, Government of India. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1580211

SWADHIKAR, National Dalit Movement for Justice (NDMJ) – NCDHR. (2020). Quest for justice: Status report on the implementation of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act 1989 and Rules 1995. New Delhi. https://www.indiaspend.com/wp-content/uploads/2020/09/NCDHR_REPORT-NEW2.pdf

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, Act No. 1 of 2016 (2015, December 31). https://ncsc.nic.in/files/POA_ACT_2016.01.pdf

UN Special Rapporteur on Violence against Women, 2002. Cultural Practices in the Family that are Violent towards Women. UN Doc. E/CN.4/2002/83, para.53.

About the Contributor: Debarati Choudhury is a researcher interrogating casteism in legal and medical institutions and feminist movements. She has been working with dalit-adivasi women-led organisations for half a decade in capacity building, liaison with human rights commissions, and pushing for affirmative legislations. She is co-lead for a critical research on Dalit-feminist-led caste equity in South Asia as part of the Walking the Talk consortium.

Acknowledgment: The author would like to express sincere gratitude to Dr. Arjun Kumar and the IMPRI team for the opportunity to write this article.

Disclaimer: All views expressed in the article belong solely to the author and not necessarily to the organisation.