The NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault and Other Crimes

The National Legal Services Authority (NALSA) has established a vital Compensation Scheme for Women Victims/Survivors of Sexual Assault and Other Crimes, 2018, which aims to provide financial assistance and support to women who have suffered as a result of criminal acts. This post will explore the key provisions of this scheme, including eligibility, procedure, and the types of relief available.

Background of the Scheme

The scheme was formulated based on the directions of the Hon’ble Supreme Court of India, and it was created to provide a framework for victim compensation, specifically for women who have experienced sexual assault and other crimes. The scheme was developed by a committee set up by NALSA, and was accepted by the Supreme Court on May 11, 2018. The Court also directed all State and Union Territory administrations to implement the scheme within their respective regions.

Key Definitions Under the Scheme

1. Code: Refers to the Code of Criminal Procedure, 1973.

2. Dependent: Includes husband, father, mother, grandparents, unmarried daughters, and minor children of the victim.

3. District Legal Services Authority (DLSA): The authority constituted under the Legal Services Authorities Act, 1987 for a district.

4. Form: Refers to the forms appended to the scheme.

5. Fund: The State Victim Compensation Fund.

6. Central Fund: Funds received from the Central Victim Compensation Fund (CVCF) Scheme, 2015.

7. Women Victim Compensation Fund: A segregated fund for disbursement to women victims, from the State and Central Funds.

8. Government: Refers to the State or Central Government, as applicable.

9. Injury: Any harm caused to the body or mind of a female.

10. Minor: A girl child who has not completed the age of 18 years.

11. Offence: Any offense committed against women punishable under the IPC or any other law.

12. Penal Code: The Indian Penal Code, 1860.

13. Schedule: The schedule attached to the scheme that lists the applicable offenses and compensation amounts.

14. State Legal Services Authority (SLSA): The authority constituted under the Legal Services Authorities Act, 1987.

15. Sexual Assault Victims: Women who have suffered mental or physical injury due to sexual offenses, including rape, sexual assault, and outraging modesty.

16. Woman Victim/Survivor of Other Crime: A woman who has suffered physical or mental injury as a result of any offense mentioned in the Schedule, including dowry harassment, acid attacks etc.

Women Victims Compensation Fund

• This fund is created for disbursing compensation to women victims of sexual assault and other crimes.

• The fund includes contributions from the CVCF scheme, budgetary allocations in the form of grants-in-aid, any cost amount ordered by civil or criminal tribunals, and compensation recovered from offenders.

• The fund is operated by the State Legal Services Authority (SLSA).

Eligibility for Compensation

A woman victim or her dependents are eligible for compensation under the scheme if they have suffered loss or injury as a result of a criminal offense and require rehabilitation. Victims can also receive compensation from other applicable schemes, but the amounts received under those schemes will be considered while determining the compensation under the NALSA scheme.

Procedure for Making Application

1. Mandatory Reporting of FIR: Police (SHO/SP/DCP) must share a copy of the FIR with the SLSA/DLSA immediately after its registration.

2. Suo Moto Action: The SLSA/DLSA can initiate a preliminary verification of facts, based on the FIR, for the grant of interim relief.

3. Application: An application for compensation can be filed by the victim or her dependents, or by the SHO of the area before the relevant SLSA/DLSA.

4. Required Documents: The application must include a copy of the FIR, a medical report, a death certificate (if applicable), and a copy of the judgment or recommendation of the court.

5. Online Applications: Applications can be submitted online through a portal created by State Legal Services Authorities.

Place of Filing Application

Applications for compensation can be filed either before the SLSA or the concerned DLSA, or online via a portal created by all State Legal Services Authorities.

Reliefs That May Be Awarded

The SLSA or DLSA may award the following types of compensation:

1. Interim Relief: Immediate first-aid or medical benefits, including monetary compensation for the victim.

2. Final Compensation: Compensation as per the schedule, based on the severity of the offense and its impact on the victim.

3. Special Relief for Acid Attack Victims: Interim relief of ₹1 lakh within 15 days of the matter being brought to the notice of the SLSA/DLSA, and a further ₹2 lakhs within two months.

Factors Considered While Awarding Compensation

The SLSA/DLSA considers various factors when determining the compensation amount:

1. Severity of the offense and the resulting physical or mental harm.

2. Medical and counseling expenses, including funeral and travel expenses.

3. Loss of educational opportunities.

4. Loss of employment or income.

5. Relationship between the victim and the offender.

6. Duration of abuse, and whether it was an isolated incident.

7. Whether the victim is pregnant as a result of the assault, and the need for medical termination of pregnancy or child rehabilitation.

8. Whether the victim contracted a sexually transmitted disease or HIV as a result of the offense.

9. Any disability suffered by the victim.

10. Financial condition of the victim and their need for rehabilitation.

11. Age, income, number of dependents, life expectancy and growth prospects of the deceased (in case of death).

12. Any other factor which the SLSA/DLSA may deem just and sufficient.

Method of Disbursement

1. Compensation is disbursed through a bank account in the joint or single name of the victim/dependent(s).

2. If the victim does not have a bank account, the DLSA will facilitate the opening of an account.

3. For minor victims, the account can be opened under the guardianship of the Superintendent of a child care institution or the DDO/SDM. If the victim is a foreign national or a refugee, the compensation can be disbursed by way of cash cards.

4. 75% of the compensation is placed in a fixed deposit for a minimum of three years, while 25% is made available for immediate expenses, unless there is an urgent need, in which case the full amount may be given.

5. For minors, 80% of the compensation is deposited in a fixed deposit account, to be drawn after attaining the age of majority.

6. The interest on the fixed deposit is to be credited directly to the savings account of the victim/dependent on a monthly basis.

Interim Relief

• The State Legal Services Authority or District Legal Services Authority may order immediate first aid and medical benefits, or other interim relief, to alleviate suffering.

• A sum of ₹5,000 to ₹10,000 is to be disbursed immediately to the victim through a preloaded cash card.

• The interim relief must be at least 25% of the maximum compensation.

• In cases of acid attacks, an interim relief of ₹1 lakh must be disbursed within 15 days.

Recovery of Compensation

The SLSA can initiate proceedings to recover compensation from the perpetrator of the crime. Any recovered amount is deposited into the Women Victim Compensation Fund.

Dependency Certificate

The concerned authority must issue a dependency certificate within 15 days. If it is not issued, then the SLSA/DLSA can proceed based on an affidavit from the claimant.

Special Provisions for Minor Victims

• If the victim is a minor, the compensation amount is increased by 50% over the specified amount.

• 80% of the compensation must be placed in a fixed deposit account to be drawn after attaining the age of majority.

Limitation and Appeal

• Applications for compensation must be made within 3 years of the offense or the conclusion of the trial, unless the delay is condoned by the SLSA/DLSA for valid reasons.

• Victims can appeal the quantum of compensation to the Chairperson of the DLSA within 30 days.

Conclusion

The NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault and Other Crimes, 2018, provides a crucial framework for financial assistance and support to women who have faced violence. This scheme aims to ensure that victims are not only compensated for their losses but also given the resources they need for rehabilitation. It is a significant step towards ensuring justice and dignity for women in India.