Compensation Scheme for Women Victims of Sexual Assault & Provision of Legal Aid by NALSA

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Compensation Scheme for Women Victims of Sexual Assault & Provision of Legal Aid by NALSA 

In compliance with directions of Hon’ble Supreme Court of India in the matter of Nipun Saxena vs. Union of India (in W.P. (C) No. 565/2012), a committee was constituted by National Legal Services Authority (NALSA) to formulate Model Rules for Victim Compensation for sexual offences and acid attacks. A committee comprising of Additional Solicitor General, some senior advocates and officers of Government of India, has formulated a compensation scheme for women victims/survivors of sexual assault & other crimes. It was submitted before the Hon’ble Supreme Court of India which, after hearing NALSA and Ld. Amicus Curiae, accepted this Scheme. 

The Hon’ble. Court directed that all the State Governments/UT Administrations shall implement the same in their respective States/UTs. The scheme has been named as ‘CompensationScheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018’ It shall apply to the victims and their dependent(s) who have suffered loss, injury, as the case may be, as a result of the offence committed and who require rehabilitation. It shall come into force on 2nd October, 2018 as per orders of Hon’ble Supreme Court.

Under the scheme compensation has been laid down for various types of victims for the loss suffered by them. Women victims/survivor of sexual assault or other crimes can be granted cash compensation ranging from rupees one lakh to rupees ten lakhs depending upon loss or injury, by SALSA or DLSA. However, this scheme does not apply to minor victims under POCSO Act, 2012. Their compensation issues are to be dealt with by the Special Courts under Section 33 (8) of POCSO Act, 2012 and Rules (7) of the POCSO Rules, 2012. 

As per definition ‘Woman Victim/survivor of other crime’ under this scheme means a woman who has suffered physical or mental injury as a result of any offence mentioned in the attached Schedule including Sections 304 B, Section 326A, Section 498A IPC (in case of physical injury of the nature specified in the schedule) including the attempts and abetment. 

Women Victims Compensation Fund: It calls for setting up of the Women Victims Compensation Fund from which the amount of compensation, as decided by the State Legal Services Authority or District Legal Services Authority, shall be paid to the women victim or her dependent(s) who have suffered loss or injury as a result of an offence and who require rehabilitation. 

Eligibility for Compensation: A woman victim or her dependent(s) as the case may be, shall be eligible for grant of compensation from multiple schemes applicable to her. However, the compensation received by her in the other schemes with regard to Section 357-B Cr. P. C., shall be taken into account while deciding the quantum in such subsequent application. 

Procedure for making applications: Before, filing an application for compensation filing of FIR is mandatory. It shall be mandatory for SHO/SP/DCP to share soft/hard copy of FIR immediately after its registration with State Legal Services Authority/District Legal Services Authority qua commission of offences covered in this Scheme which include Sections 326A, 354A to 354D, 376A to 376E, 304B, 498A (in case of physical injury covered in this Schedule), so that the SLSA/DLSA can, in deserving cases, may suo-moto initiate preliminary verification of facts for the purpose of grant of interim compensation. It covers cases of sexual harassment under 354 A to 354 D. 

An application for the award of interim/ final compensation can be filed by the victim and/or her dependents or the SHO of the area before concerned SLSA or DLSA. It shall be submitted in Form ‘I’ along with a copy of the First Information Report (FIR) or criminal complaint of which cognizance is taken by the Court and if available Medical Report, Death Certificate, wherever applicable, copy of judgment/ recommendation of court if the trial is over. 

Place for filing applications: The application/recommendation for compensation can be moved either before the State Legal Services Authority or the concerned District Legal Services Authority or it can be filed online on a portal which shall be created by all State Legal Services Authorities. The Secretary of the respective DLSA shall decide the application/ recommendation moved before him/her as per the Scheme. 

Explanation: In case of acid attack victim the deciding authority shall be Criminal Injury Compensation Board as directed by Hon’ble Supreme Court in Laxmi vs. Union of India W.P.CRML 129/2006 order dated 10.04.2015 which includes Ld. District & Sessions Judge, DM, SP, Civil Surgeon/CMO of the district. 

Reliefs that may be awarded by SLSA or DLSA – The SLSA or DLSA may award compensation to the victim or her dependents to the extent as specified in the schedule attached hereto. If a woman victim of sexual assault/acid attack is covered under one or more category of the schedule, she shall be entitled to be considered for combined value of the compensation. 

Factors to be considered for awarding compensation: While deciding a matter, the State Legal Services Authority/District Legal Services Authority may take into consideration the following factors relating to the loss or injury suffered by the victim: 

(1) Gravity of the offence and severity of mental or physical harm or injury suffered by the victim;

(2) Expenditure incurred or likely to be incurred on the medical treatment for physical and/or mental health including counselling of the victim, funeral, travelling during investigation/ inquiry/ trial (other than diet money);

(3) Loss of educational opportunity as a consequence of the offence, including absence from school/college due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason;

(4) Loss of employment as a result of the offence, including absence from place of employment due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason;

(5) The relationship of the victim to the offender, if any;

(6) Whether the abuse was a single isolated incidence or whether the abuse took place over a period of time;

(7) Whether victim became pregnant as a result of the offence, whether she had to undergo Medical Termination of Pregnancy (MTP)/ give birth to a child, including rehabilitation needs of such child;

(8) Whether the victim contracted a sexually transmitted disease (STD) as a result of the offence;

(9) Whether the victim contracted human immunodeficiency virus (HIV) as a result of the offence;

(10) Any disability suffered by the victim as a result of the offence;

(11) Financial condition of the victim against whom the offence has been committed so as to determine her need for rehabilitation and re-integration needs of the victim.

(12) In case of death, the age of deceased, her monthly income, number of dependents, life expectancy, future promotional/growth prospects etc.

(13) Or any other factor which the SLSA/DLSA may consider just and sufficient 

Location: India

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