E-Paper
Soon, an integrated compensation scheme for women victims of sexual crimes, acid attacks in U.P.
Presently, there are three compensation schemes in existence in U.P. with different criteria and different amounts of compensation
Uttar Pradesh will soon come out with a fresh and integrated compensation scheme for women victims of sexual crimes and other offences like acid attacks by merging the existing schemes to bring uniformity in the award of compensation to all the eligible claimants, people aware of the development said.
The revised policy, according to them, will largely be modelled on the national legal service authority’s (NALSA) scheme for compensating the victims and survivors of sexual assaults and acid attacks.
A decision in this regard was taken in a meeting called by chief secretary Durga Shankar Mishra here on Thursday evening. Senior officers from the departments, including home, finance, women’s welfare and UP state legal services author authority (UPSLSA), were said to be present at the meeting.
Confirming the development, Mahila Aayog secretary and nodal officer Archana Gaharwar said presently, there were three compensation schemes in existence in the state with different criteria and different amounts of compensation.
“The idea is to have an integrated compensation scheme in place in the state, eliminating the disparities. Once we get the minutes of the chief secretary’s meeting, we will propose the new compensation scheme that will finally be cleared by the cabinet,” she said.
A UPSLSA official, who did not wish to be named, said that the state government’s move to frame a new compensation scheme comes in the wake of the Supreme Court’s directions in the Nipun Saxena vs Union of India case sometime back. The court had asked the state to adopt NALSA’s scheme for women victims/survivors of sexual assault/other crimes-2018 or come out with a better one.
Apart from the NALSA’s scheme, the state runs two other compensation schemes-- the U.P. victims state compensation scheme, 2014 and the Rani Laxmi Bai Samman Kosh, 2015 -- to give financial assistance to victims and survivors of sex crimes and acid attacks.
As per the NALSA scheme that UP may make the basis of its new integrated compensation policy, a victim of gang rape is entitled to a minimum compensation of ₹5 lakh up to a maximum of ₹10 lakh. It also provides compensation for many other crimes committed against women.
Laying down the procedure, the NLSA scheme says, “Wherever a recommendation is made by the court for compensation under sub-section (2) and/or (3) of Section 357A of the CrPC, or an application is made by any victim or her dependent(s), under sub-section (4) of Section 357A of the Code, to the State Legal Services Authority or District Legal Services Authority, for interim compensation it shall prima facie satisfy itself qua compensation needs and identity of the victim.”
“As regards the final compensation, it shall examine the case and verify the contents of the claim with respect to the loss/injury and rehabilitation needs as a result of the crime, and may also call for any other relevant information necessary for deciding the claim,” it adds further.
Under the NLSA Scheme, no claim made by the victim or her dependent(s), under sub-section (4) of Section 357A of the Code, ‘shall’ be entertained after a period of 3 years from the date of occurrence of the offence or conclusion of the trial.
“However, in deserving cases, on an application made in this regard, for reasons to be recorded, the delay beyond three years can be condoned by the SLSAs/DLSAs,” says the NLSA scheme that the Apex Court wants UP to adopt for better compensation to the victims or their family members.
