The District Legal Services Authority (DLSA) will decide the quantum of compensation for the victims of rape, molestation, trafficking, acid attack, loss of limb or injury and the family of murdered people.
The notification has recently reached the legal services authority here. The compensation will be made from ‘Victim Compensation Fund’ where the state government will make contributions.
Victim eligible when
A victim/dependent is eligible even if the accused cannot be traced or identified. A victim has to inform the SHO, executive magistrate or judicial magistrate of the area within 48 hours but DLSA can condone the delay. But the victim has to co-operate with the police and prosecution during the investigation and trial of the case. “It is clear that if the victim turns hostile as it happens in many rape cases they are not entitled to any compensation. If the court fines the accused and gives that amount to the victim then in such cases that relief will be deducted from the amount given by us,” said Manbir Rathi, an advocate working with DLSA.
Families whose annual income exceeds Rs 4.5 lakh and the employees of central government, boards, corporation, public section undertakings and income tax payers will not be eligible under the scheme.
DLSA will decide compensation on basis of loss to the victim, medical expenses to be incurred, minimum sustenance amount required for rehabilitation including incidental charges like that of funeral expenses. Cases under the Motor Vehicle Act will not be covered.
It is also mandated that to alleviate the sufferings of the victim, the DLSA may order for immediate first aid facility or medical benefits to be made available free of cost on the certificate of SHO of magistrate of that area.
If aggrieved by the order of DLSA, a victim can approach the State Legal Services Authority within a period of 90 days.