Background of the Scheme
Hon’ble Supreme Court of India in W.P. (C) No. 565/2012 titled Nipun Saxena Vs. Union of India opined that “it would be appropriate if NALSA sets up a Committee of about 4 or 5 persons who can prepare Model Rules for Victim Compensation for sexual offences and acid attacks taking into account the submissions made by the learned Amicus. The learned Amicus as well as the learned Solicitor General have offered to assist the Committee as and when required the Chairperson of the National Commission for Women should be associated with the Committee.”
In view of the above, NLSA set up a committee for preparation ofModel Scheme : Compensation Scheme for women Victims/Survivors of Other Crimes-2018
THE MEANING
‘Woman Victim/ survivor of other crime’ 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.
WHAT IS WOMEN VICTIMS COMPENSATION FUND?
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.
2. The ‘Women Victims Compensation Fund’ shall comprise the following:-
(a)Contribution received from CVCF Scheme, 2015.
(b) Budgetary allocation in the shape of Grants-in-aid to SLSA for which necessary
provision shall be made in the Annual Budget by the Government;
(c) Any cost amount ordered by Civil/Criminal Tribunal to be deposited in this Fund.
(d) Amount of compensation recovered from the wrong doer/accused under clause 14 of the Scheme;
(e) Donations/contributions from International/ National/ Philanthropist/ Charitable
Institutions/ Organizations and individuals permitted by State or Central Government.
(f) Contributions from companies under CSR (Corporate Social Responsibility).
(3) The said Fund shall be operated by the State Legal Services Authority (SLSA).
AMOUNT OF COMPENSATION TO ACID ATTACK VICTIM
Laxmi vs. Union of India
W.P.CRML 129/2006 order dated 10.04.2015 directs that in case of acid attack victim the deciding authority shall be Criminal Injury Compensation Board which includes Ld. District & Sessions Judge,District Magistrate, SP, Civil Surgeon/Chief Medical Officer of the district.
PROCEDURE FOR MAKING APPLICATION BEFORE THE SLSA OR DLSA:
1. Mandatory Reporting of FIRs: – SHO/SP/DCP shall mandatorily share soft/hard copy of FIR.
2. An application for the award of interim/ final compensation can be filed by the Victim and/or her Dependents before concerned SLSA or DLSA.
3. . It shall be submitted 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.
4. 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.
