Treatment of rape survivors

As a society, we need to embrace rape sufferers, be sensitive to their needs. LHC’s order is a welcome step for that

The Lahore High Court (LHC) recently made some pertinent remarks in the rape cases brought before it. In its order, the LHC told trial courts to ensure rape survivors are given adequate financial compensation by the perpetrator, observing that lower courts are not following this “mandatory provision of law”. The high court’s order said that such payments must be made because of the “mental anguish or psychological damage caused”. While such crimes can never really be ‘compensated’, it is crucial to recognise the psychological damage they inflict and follow all provisions of law to ensure maximum possible punishment for the perpetrator. A financial compensation could aid in the medical and psychological help that rape survivors would need.

Even more significantly, the LHC ordered a rapist to pay Rs1 million as compensation to a child born as a result of rape. The court issued a detailed verdict on the rights of such children and stated that “the minor baby girl born in result of crime committed by the appellant is ‘a person’ suffering mental anguish and psychological damage for her whole life, thus, she is entitled for the compensation...”. The LHC’s remarks on the subject are significant not only because they highlight an ignored provision of law, but more so because the court is recognising the rights of the child and the impact of being born of violent circumstance. In our society, children born as a result of rape are stigmatised for life. The justice system and all relevant state machinery need to recognise the special needs of both the mother and child in such a situation. If such court orders are better publicised in the media, there could perhaps be a trickle-down effect in terms of the way rape survivors and children born as a result of rape are treated by society. The state must ensure special child protection services for children born of rape and provide psychological counselling for the mother and child. As a society, we need to embrace sufferers and be sensitive towards their needs, and the LHC’s order is a welcome step in that direction.

Published in The Express Tribune, August 13^th,  2015.

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