Rape victims reluctant to claim compensation

NEPALGUNJ, Jan 12: Banke District Court on June 22, 2010 found Hari Pariyar of Nepalgunj guilty of raping Devi Saud (names changed). However, the court decided to send Pariyar to a child corrections center.



Unsatisfied with the judgment, Saud moved the appellate court on April 11, 2012, and the court decided to compensate the victim with Rs 5,000. Both the courts found the accused guilty but the victim has not received any compensation to date. [break]



Similarly, Banke District Court found Dharma Bir Tharu guilty of raping Ramita Tharu (name changed also) of Titihaniya-7 on October 22, 2012 and sentenced him to three years in jail with a fine of Rs 11,000. The appellate court also found the accused guilty but Ramila still has not received any compensation.



Surprisingly, no rape victim in the district has received any compensation from the district court even thought the Civil Code clearly mandates justice for the victims.



According to Civil Code Article 10, a rape victim should be provided compensation depending on the degree of physical and mental trauma suffered by the victim.



However, Section Officer Bhuwan Giri at the judgments section of the district court said no complains against rape cases have been registered at the office. "People come here to file cases relating to physical assault and partition of property but rape victims who have won their case in court have never come asking for compensation" said Giri. "The process of awarding compensation amounts cannot be taken forward if the victims don´t approach us," he added.



Giri said that in most cases the guilty and the victims are found settling out of court. "The guilty always persuade the victims to settle outside court, fearing that the court might seize their property," said Giri.



Meanwhile, lawyer Bishnu Pokharel said that the complex procedures involved in receiving compensation has also deterred the victims. "It is not easy for a rape victim to approach the court time and again for compensation as required by the existing procedures. A sense of shame always dogs her when a woman appeals for compensation," said Pokharel.



Pokharel demanded that these women should receive proper treatment from the courts and court officers should extend utmost help in clearing the procedural hurdles.



The tales of rape victims are no different in Bardia.



The appellate court had affirmed a decision of the district court to punish rape convict Lok Bahadur Khatri with an 11-year jail term and Rs 20,000 fine on July 2, 2012. The victim, however, has not collected any compensation so far.



Dhitta Chitra Bahadur Dangi, officer at the district court judgment section, said fear of losing respect hinders women from coming to us. "Usually, they don´t approach to us directly and concealing their real identity," said Dagi.

Related story

Conflict victims complain of injustice in distributing compensa...