Lok Sabha Question No. 3122 (UNSTARRED), answered on 2017-03-21
Subject: Nirbhaya Fund
Ministry: HOME AFFAIRS
Asked by: MD. BADARIDDOZA KHAN

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 3122

TO BE ANSWERED ON THE 21 st     MARCH, 2017/ PHALGUNA 30, 1938 (SAKA) NIRBHAYA FUND

3122.

SHRI MD. BADARUDDOZA KHAN:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether the Government proposes to utilise the Nirbhaya fund or other resources to provide compensation and rehabilitation to the Muzaffarnagar gangrape survivors;
- (b) if so, the details thereof;
- (c) whether the Government is taking any steps to set up a robust process to grant reparation to victims of sexual violence, which includes elements of relief, return and resettlement and if so, the details thereof;
- (d) whether the Government proposes to establish a comprehensive victim and witness protection programme; and
- (e) if so, the details, thereof and the steps taken in this regard?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a)  to  (c):    As  per  Section  357A  of  Cr.P.C.,  every  State  Government  in  coordination with the Central Government shall prepare a Victim Compensation  Scheme  (VCS)  for providing funds for the purpose of compensation  to  the  victim  or  his  dependents  who  have  suffered  loss  or injury  as  a  result  of  the  crime  and  who  require  rehabilitation.  All  States including Uttar Pradesh have notified their VCS, which include compensation to rape victims.

Under   the   Central Victim Compensation Fund (CVCF) scheme, financial

assistance of   Rs.  2810 lakhs  from  Nirbhaya  Fund has been released as one  time    grant  to  the  State  of  Uttar  Pradesh  in  2016-17  to  support  its Victim Compensation Scheme.

Ministry of Women and Child Development is implementing scheme of One Stop Centre to provide  integrated  support  and  assistance  to  women affected  by  violence  including  sexual  harassment.  The  scheme  aims  to facilitate access to an integrated range of services including medical aid, police  assistance,  legal  aid/case  management,  psycho-social  counselling, temporary support services to women affected by violence. Ministry is also administering Swadhar Greh Scheme for relief and rehabilitation of women in difficult circumstances, including the victims of rape.

(d) to (e): 'Police' and 'Public Order' are State subjects under the seventh Schedule to the Constitution of India.  Criminal Law & Criminal Procedure are subject in concurrent list of the Constitution of India.  Law Commission of India in its 198 th  Report gave its recommendations on 'Witness Identity Protection & Witness Protection Programme'.  Based on recommendations, the Bill was circulated to the State Governments/ Union Territory Administrations  for  their  views.  As  there  was  no  consensus  among  the States, the matter was referred to Bureau of Police Research & Development (BPR&D) on 03.11.2016 to examine the matter having regard to the observation of the states and feasibility of an implementable Identity Protection Programme and supporting Law so as to enable Government to take a considered view.

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