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The Supreme Court’s bench consisting of Justice Madan B. Lokur and Justice Deepak Gupta had ordered all the States and Union Territories that are parties in the case Nipun Saxena v Union of India case, to file an affidavit within a stipulated period of time in order to make a detailed account of the amount received by each State and Union Territory for the purpose of victim compensation under the Nirbhaya Fund. The Bench had also ordered them to disclose and give a detailed account as to the total amount which has been disbursed to the victims of sexual assault.
The Director of the National Legal Services Authority (NALSA) Mr. Surinder S. Rathi said that the issue regarding the centralized disbursements as well as re-appropriation of availability of funds with the State Legal Services Authority can only be decided after looking into the previous orders given by the Court. The SC bench had requested NALSA to arrange for a meeting consisting of 4 to 5 persons to form a committee in order to prepare Model Rules for providing compensation to victims of sexual offences and acid attacks. The committee should also take into account the Amicus Curie in Indira Jaising case, who had scrutinized various victim compensation Schemes practiced in India as well as abroad and formulated a new scheme which can be implemented in India.
After analyzing the proposed new scheme it was found out that there wasn't an integrated system pertaining to disbursal, management, and payment of compensation to the victims of sexual assault. Prima Facie, it was noticed that the funds were handed over to the states by the Union of India but there was no record as such that it was utilized for paying the victims who were affected by sexual offenses. The Bench held that it is our duty to bring about a change by taking appropriate steps by developing a more integrated and cohesive system where prompt payment reaches the victims and also steps to rehabilitate these victims in order to reduce the trauma which they have undergone.
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