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The Supreme Court on September 5,2018 approved the National Legal Services Authority’s Compensation scheme for women victims or survivors of sexual assault or other crimes. According to the scheme, the minimum compensation is R.s four lakh and it further said that it will also extend to the minor victims until a government scheme is framed in accordance with POCSO. The issue came into light when in the Nirbhaya case, compensation was demanded for. The judges can order higher compensation but it cannot be less than what has been given by NALSA.
The Bench said that the scheme is to operate from October 2 and directed all the High Courts to publicize the order including on Doordarshan and AIR. It further said that the judges will hold inherent powers to order compensation and also punish the convict. As per the order, in appropriate cases, the Trial Court may order compensation for the child in immediate need, the payment being neutral.
The NALSA scheme has also recommended various amount of compensation to be provided to the victims of sexual assault depending upon the sexual assault. In the earlier hearing, the court said that it is necessary to frame such a scheme as it is essential since there are no rules for the payment of compensation. The fact that only 5 to 10% of the victims were getting compensation under Nirbhaya and other schemes was bought into light by NALSA. Various figures showing disproportion between the number of cases which have been lodged and in which compensation was provided were also highlighted.
Jaising said that it must be mandatory for the police to inform the legal services authority of the state government when the FIR in respect of sexual assault cases are lodged so that the compensation must be provided as soon as possible.
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