Lok Sabha Question No. 597 (UNSTARRED), answered on 2022-12-09
Subject: Victim Compensation Scheme for Women
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Kotagiri Sridhar

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO. 597

TO BE ANSWERED ON 09.12.2022

## VICTIM COMPENSATION SCHEME FOR WOMEN

597.   SHRI SRIDHAR KOTAGIRI:

Will the Minister of Women and Child Development be pleased to state:

- (a) whether the Government is implementing any scheme for the victims of labour trafficking/  survivors  of  sexual  exploitation  and  trafficking/  other  crimes  as compensation scheme for women, if so, the details thereof;
- (b) whether  the  Government  proposes  to  increase  the  compensation  amount  or create a dedicated fund for victims of trafficking under the said scheme in view of the  observations  made  by  the  Calcutta  High  Court  regarding  inability  of  State Legal Services Authorities to pay compensation to victims of trafficking and if so, the details thereof;
- (c) whether the Government has taken steps to popularise and spread awareness about the victim compensation scheme and if so, the details thereof;
- (d) whether there is any scheme for the protection of children who have been victim of human trafficking; and
- (e) if so, the details thereof, State-wise?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SMRITI ZUBIN IRANI)

(a) to (e): Section 357 of the Code of Criminal Procedure provides that a Trial Court, when passing Judgment, may order the whole or any part of the fine recovered to be utilized  inter-alia  for  payment  of  compensation  to  the  persons  who  have  suffered  an injury due to the acts of the convict. In 2009, with the introduction of Section 357A in the CrPC,  the  concept  of  rehabilitative  compensation  paid  by  the  State  emerged  in  the criminal justice system of India. Section 357A was incorporated to specifically provide for  compensation  to  victims  and  their  family  members.  The  provision  also  mandated every  State  Government  to  frame  'a  scheme  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.' Pursuant to the above, most of the

States have formulated their respective Victim Compensation Schemes. Compensation can be granted under the schemes enacted under section 357A CrPC in four scenarios:

(i)  in  case of Conviction, (ii) in case of Acquittal (iii) when accused is discharged, and (iv) when the offender is neither traced nor identified.

The  process  of  Victim  Compensation  is  set  into  motion  through  two  methods. Firstly,  the  trial  court  is  empowered  to  make  recommendation  to  the  District  Legal Services Authority (DLSA) or State Legal Services Authority (SLSA), as the case may be, to decide quantum of compensation to be awarded under the scheme framed by the State  Government.  The  trial  court  can  also  make  a  recommendation  in  case  it  is satisfied that the compensation awarded under section 357 of CrPC is not adequate for rehabilitation. Secondly, in cases where the offender is neither traced nor identified, but the victim is identified, the victim and his dependents may make an application to the DLSA or SLSA for award of compensation. On receiving such an application, the DLSA or SLSA has to conduct an inquiry and to award adequate compensation following the due procedure.

Further, pursuant to the directions of Hon'ble Supreme Court in Writ Petition(C) No.  565/2012  (Nipun  Saxena  vs  Union  of  India  and  others),  National  Legal  Services Authority  has  prepared  compensation  scheme for  women  victims/  survivors  of  sexual assault/ other crimes. The same was circulated to all States/ UTs. Many of the State Governments have revised their existing Victim Compensation Schemes in accordance with the NALSA's scheme.  The scheme provides for a Women Victim Compensation Fund which is a segregated fund for disbursement for women victim, out of State Victim Compensation  Fund  and  Central  Fund.  The  Central  Fund  means  the  contribution received  from  Central  Victim  Compensation  Fund  (CVCF)  Scheme,  2015.  Central Government has provided one time grant-in-aid of Rs. 200 Crores under Central Victim Compensation Fund (CVCF) to States / UTs under 'Nirbhaya Fund' to supplement their respective  Victim  Compensation  Funds.  The  method  of  awarding  and  disbursing  the compensation differs as  per  the  Schemes  of  different  States. While  the  LSAs  mostly have  an  active  role  in  determination  of  compensation,  the  actual  disbursal  of  the awarded  compensation  depends  on  the  funds  maintained  and  released  by  the  State Governments.

For prevention of trafficking, rescue, rehabilitation, re-integration and repatriation of victims of trafficking and commercial sexual exploitation, the Ministry of Women and Child Development implements a component of 'Shakti Sadan' under 'Samarthya' subscheme of 'Mission Shakti'.  Further, the  Ministry  assists  the  States/  UTs  to  run  Child Care Institutions (CCIs)  to support the children in need of care and protection under ' Mission Vatsalya'.

To  create   public  awareness  about  the  various  schemes  and  legislaiton,  the Central Government also undertakes awareness drives, media campaigns and outreach programs and issues advisories to the States/ UTs from time to time.

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