NEW DELHI, Jan 6: The Supreme Court on Friday sought the response of the Centre and state legal services authorities of four states to a plea of an NGO alleging violation of its order that survivors of sexual crimes have to be provided compensation as per the NALSA’S 2018 compensation scheme, also mandated under the Code of Criminal Procedure.
A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Paridwala issued notices to the Centre and the state legal service authorities of Madhya Pradesh, Uttar Pradesh, Bihar and Delhi on a plea by NGO ‘Social Action Forum for Manav Adhikar’.
Advocate Jyotika Kalra, appearing for the NGO, said the petitioner while working with the victims experienced denial of access to justice and fair treatment, restitution, compensation and assistance and the victims/survivors/families are compelled to forfeit the right to live with dignity.
Kalra said the apex court had in a 2018 judgement said all the states will have to follow the National Legal Services Authority’s (NALSA) scheme of compensation.
However, she said states like Uttar Pradesh, Madhya Pradesh and Delhi are paying varying compensation in violation of the apex court’s directions.
CJI Chandrachud said at present the court will issue notice to the Centre and the four states and the scope of petitions may be widened later, if need arises.
“By the present Writ Petition the Petitioner is invoking the jurisdiction of this Court for enforcement of fundamental rights of victims of sexual violence (VSV) guaranteed under article 14 and 21 of Constitution of India, victim compensation scheme under section 357A CrPC and NALSA’S Compensation Scheme for Women and Victims/Survivors of the Sexual Assault/other Crimes-2018 (NALSA Scheme of 2018),” the plea said.
The NGO said, according to a study based on annual reports of the National Crime Records Bureau, rape-related crime rate in India rose 70.7 per cent over the last two decades from 11.6 per 100,000 women and girls in 2001 to 19.8 in 2018.
“This Writ Petition is raising issues about many States having not amended their victim compensation schemes (VCS) as per NALSA Scheme of 2018, the in-effective functioning of different State Legal Services Authorities (SLSA), non-inclusion of offences under Protection of Children from Sexual Offences Act (POCSO) in definition of Sexual Assault Victims, enabling only victims and their dependants (omitting Guardians) to file application, all of which together is resulting in the re-victimization of the victims,” it said.
The plea said in the statement of object and reasons of Code of Criminal Procedure (Amendment) Bill 2006 it has been specifically mentioned that “there is an urgent need to provide relief to women, particularly victims of sexual offence”.
It said the initial days after sexual violence are the most critical, a period when the victim needs urgent medical attention, financial support in terms of immediate/time bound disbursal of compensation/interim financial relief.
“As per Rule 9 of NALSA Scheme of 2018, inquiry shall be completed expeditiously and not exceed a period of sixty days, this time limit is being totally disregarded. As revealed in the petition, due to non – disbursal of timely compensation, the VSVs (the victim) for reasons of poverty and lower status are coerced to ‘compromise and settle’,” the plea said and referred to various cases from Bihar and Madhya Pradesh.
This leads to further compromising the safety and security of VSV and their non-availability in case they are contacted by State Legal Services Authorities (SLSA), it said.
The plea said that despite an order of the Supreme Court dated July 25, 2018 the NGO has found lack of awareness about the victim compensation scheme, different VCSs in different SLSA and complicated processes are prolonging the agony of the victims.
Giving the examples of Bihar and Delhi, the NGO said the victims are required to fill a form which for the poor and the uneducated is a hurdle in accessing justice, while in Madhya Pradesh and Uttar Pradesh, an application on behalf of the victim is sufficient.
“In the absence of awareness and training of police regarding NALSA scheme of 2018 and 357A CrPC, the police does not add the important sections of crime in the FIR making the VSV (victim) in-eligible for compensation,” it said.
The plea sought directions to the Centre and the state legal services authorities of four states to ensure that inquiry should be completed expeditiously and not exceeding 60 days, there should be Immediate/Time Bound Disbursal of Compensation/ Interim Financial Relief as per Rule 9 of NALSA Scheme of 2018.
Besides other reliefs, the plea also sought directions to ensure that all state governments and the administrations of Union Territories give wide publicity to the compensation scheme and implement it in letter and spirit, including uniformity in procedure and amount of compensation (PTI)
