The Supreme Court on July 25, 2018 ruled that the Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes-2018 should include child victims of sexual assault. The ruling was made by a bench of Justices Madan B. Lokur and Deepak Gupta.
The Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes-2018 is a uniform compensation scheme for victims of sexual assault and acid attacks.
Supreme Court’s suggestion to Senior advocate Indira Jaising
Senior advocate Indira Jaising has lent her expertise in the case for uniform compensation for rape survivors and voiced concern about the inactive Nirbhaya funds.
Following the suggestion of the Supreme Court, Jaising agreed to file a composite note to include children in the scheme. She would also address the aspect related to Section 228-A of the Indian Penal Code (IPC), which deals with disclosure of the identity of the victims of sexual offences.
Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes-2018
• The scheme was prepared by the National Legal Services Authority (NALSA) in consultation with the Union Government.
• 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.
Compensation slabs for victims of sexual assault, gang rape and acid attacks proposed in the scheme
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 |
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