Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes - 2018: A Critical Review

Abstract

The Compensation Scheme for Women Victims/Survivors of Sexual Assault and Other Crimes (2018) was developed to provide financial assistance to victims of sexual violence in India. The scheme was initiated under the directive of the Supreme Court and intended to address the needs of survivors by offering structured compensation based on the severity of the crime. However, this review critically analyzes its limitations, including its hierarchical approach to victim compensation, which prioritizes gang rape over other forms of sexual assault and undervalues other trauma-inducing experiences, such as severe physical disabilities. The scheme also demonstrates inconsistencies in its treatment of minors under the POCSO Act, ignoring the continuum of violence and its impact on children across age groups. Furthermore, its exclusive focus on female victims neglects male survivors, reinforcing a heteronormative framework that fails to account for the diversity of victim experiences. This approach perpetuates societal biases and undermines the scheme’s ability to provide equitable support. Reforms to the scheme are necessary to address these gaps and ensure inclusivity, reflecting the spectrum of trauma across all genders, ages, and forms of violence. By adopting a trauma-informed and survivor-centric framework, the scheme can better meet its objective of delivering justice to all victims.