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SC approves NALSA's Compensation Scheme for sexual assault and acid attack victims

May 13, 2018 08:56 IST
SC approves NALSA's Compensation Scheme for sexual assault and acid attack victims

The Supreme Court (SC) on May 11, 2018 approved the 'Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes-2018', a uniform compensation scheme for victims of sexual assault and acid attacks.

Who prepared the scheme?

The scheme was prepared by the National Legal Services Authority (NALSA) in consultation with the Union Government.

A bench of Justice Madan B Lokur and Justice Deepak Gupta ordered that the scheme should be implemented in all states and union territories.

Compensation slabs for victims of sexual assault, gang rape and acid attacks

Cases

Minimum Compensation

Maximum Compensation

Victims of sexual assault

Rs 4 lakh

Rs 7 lakh

Loss of life or gang rape

Rs 5 lakh

Rs 10 lakh

Burnings or acid attacks: Total disfigurement

Rs 7 lakh

Rs 8 lakh

Burnings or acid attacks: 50 percent burns

Rs 5 lakh

Rs 8 lakh

Loss of limb or body part resulting in 80 percent permanent disability

Rs 2 lakh

Rs 2 lakh

Cases of grievous physical injury

Rs 2 lakh

Rs 2 lakh

Pregnancy on account of rape

Rs 3 lakh

Rs 4 lakh

Miscarriage or loss of fertility due to assaults

Rs 2 lakh

Rs 3 lakh


Highlights of the compensation scheme

• The scheme defines the compensation slabs for victims of sexual assault, acid attacks and even for the loss of a fetus.

• It empowers the legal services authority to take suo motu cognisance of cases of sexual assault and acid attacks to grant interim relief after preliminary verification.

• Under the scheme, a compensation fund will be set up that will be managed by State Legal Services Authority (SLSA).

• The compensation fund will also set up a portal for victims to apply online for compensation.

Status of Nirbhaya Fund

  • The bench was also told that though Centre had cleared Rs 3500 crore fund under the Nirbhaya Scheme, but only nine states have received the funds so far.
  • There are various cases in which the victims have still not been paid with the compensation, which has been pending since 2013.
  • To this, the apex court replied that it would deal with the issue of the Nirbhaya Fund in July 2018.
  • The Union Government created the Nirbhaya Fund in 2013 to support state governments and NGOs working for women's safety.
  • The fund was created following the Nirbhaya gang-rape case in Delhi in December 2012.
 

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Background

The report was submitted by the NALSA Director Surinder S Rathi in the apex court, directing the Union Ministry of Women and Child Development and the Principal Secretaries of all states to undertake steps to ensure implementation of the scheme as soon as possible.

Earlier, NALSA had also informed the apex court that only 5 to 10 percent of sexual assault victims across the country were able to get compensation in various states till now.

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