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Posted at: Jul 25, 2018, 8:40 PM; last updated: Jul 25, 2018, 10:43 PM (IST)

SC approves uniform compensation scheme to victims of sexual assault, acid attack

Top court orders scheme to be modified to include male child victims of sexual assault
SC approves uniform compensation scheme to victims of sexual assault, acid attack
Any victim or her family member is entitled to approach the state or district legal services authority with a copy of the FIR and medical report to claim compensation amount.

Satya Prakash
Tribune News Service
New Delhi, July 25

The Supreme Court on Wednesday approved a scheme that provides for uniform compensation to women survivors of sexual assault and acid attacks and asked the Centre and states to implement it in letter and spirit.

Under the scheme prepared by the National Legal Services Authority’s (NALSA), survivors of gang-rape would get a minimum compensation of Rs 5 lakh and a maximum of Rs 10 lakh. Victims of rape and unnatural sexual assault would get a minimum of Rs 4 lakh and the maximum of Rs 7 lakh as compensation.

In case of victims of acid attacks, a victim would get a minimum of Rs 7 lakh in case of disfigurement, with an upper limit of Rs 8 lakh. In case of injury exceeding 50 per cent, the victim would be entitled to a minimum compensation of Rs 5 lakh and the maximum of Rs 8 lakh. It has also provision for compensation in cases of acid attacks where injury was less than 50 per cent and 20 per cent. It provides for Rs 7 lakh maximum compensation for victims of burning cases. 

As the scheme did not have provisions for monetary aid to child victims of sexual assault, a Bench headed by Justice Madan B Lokur directed that suitable modifications should be carried out to extend the benefits of the scheme to child victims of sexual abuse, irrespective of their gender.

Any victim or her family member is entitled to approach the state or district legal services authority with a copy of the FIR and medical report to claim compensation amount. 

The NALSA scheme approved by the top court will substitute existing compensation guidelines of various states that provided varying amounts as compensation to survivors of sexual assaults. NALSA had prepared the report in consultation with the Ministry of Women and Child Welfare and Centre’s Legal Affairs Department.  

“We expect the Union of India and states to implement the scheme in letter and spirit,” the Bench, which also included Justice Deepak Gupta, said.

The Bench clarified that a victim covered under more categories of the schedule would receive a total value of compensation. In case of death of a victim of gang-rape, her family would be entitled compensation for both sexual assault and murder, it said 

It said that in case of pregnancy caused by rape, victims would get compensation between Rs 3 lakh to Rs 4 lakh. Similarly, miscarriage or loss of fertility due to sexual assaults, would entitle the victims to a compensation of Rs two lakh to Rs 3 lakh.

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