Compensation for rape, as in the Spanish case, India's practice to respond to attacks

The financial compensation received by the woman with dual Brazilian-Spanish nationality, who was gang raped last weekend while her husband, a Spanish citizen, was severely beaten, brings to the table a legal practice of the Asian country with which it attempts to serve the victims.

Oliver Thansan
Oliver Thansan
05 March 2024 Tuesday 15:35
17 Reads
Compensation for rape, as in the Spanish case, India's practice to respond to attacks

The financial compensation received by the woman with dual Brazilian-Spanish nationality, who was gang raped last weekend while her husband, a Spanish citizen, was severely beaten, brings to the table a legal practice of the Asian country with which it attempts to serve the victims.

The couple received in front of the cameras a copy of the case and a check for one million rupees, about 11,100 euros, from the authorities of the Dumka district, the place where the event occurred, in what was the first formal appearance of the authorities with the victims. "We have given a compensation of one million rupees to the husband. We are conducting a thorough investigation and will try to ensure a speedy trial and conviction," Anjaneyulu Dodde, deputy commissioner of the district located in the northern state of Jharkhand, where the attack happened.

Indian law establishes a victim compensation program that, in the case of gang rape, ranges from 500,000 to one million rupees depending on various considerations, intended for people who suffered sexual offenses and need rehabilitation or psychological care.

The Supreme Court of India has held on other occasions that for a rape victim to ensure justice is not enough due to all the physical and emotional consequences she bears after the attack. There are also compensation programs for victims of other criminal crimes. A judicial source explained to EFE that the compensation in this case does not constitute a settlement or remedy the judicial process that is still underway.

Compensation can be authorized by a court, requested by the victims or by the authorities immediately after the crime, when it is considered a criminal offense at first glance or prima facie, without completing the trial. Although, if the court determines that the crime did not take place, a refund of the compensated amount can be requested.

The appearance on cameras of the victims receiving compensation is a common practice of the Indian authorities who then spread videos and photographs on social networks.

The couple of experienced motorcyclists who have been traveling around the world on a motorcycle for five years, very popular on social networks, were attacked at midnight last Friday when they were camping in the district of Dumka, in the northern state of Jharkhand.

The woman was raped multiple times by seven men, according to her story. Under heavy media attention, police arrested the suspects in the first four days.

Iranian motorcyclist Maral Yazarloo today condemned with a video message the criticism about the compensation received and the attacks against the couple. "People who say that what happened to (the victim) was because of how she dresses, or because she slept in a tent, and ask why she is talking (about the crime) or uploading videos on Instagram. What do they expect? , for a woman to end her life," said Yazarloo, known for her journey around the world on a motorcycle.

On Tuesday night Yazarloo along with dozens of Indian motorcyclists, some of them acquaintances of the couple, held a vigil in the western state of Maharashtra to demand justice for the Spanish couple.