Lok Sabha Question No. 260 (UNSTARRED), answered on 2023-02-03
Subject: Compensation Scheme for Women
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Pradyut Bordoloi, Gaurav Gogoi, Vincent H Pala

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 260

TO BE ANSWERED ON 03.02.2023

## COMPENSATION SCHEME FOR WOMEN

## 260.    SHRI PRADYUT BORDOLOI:

SHRI GAURAV GOGOI:

SHRI VINCENT H. PALA:

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

- (a) whether  the  Government  is  implementing  any  compensation  scheme  for women who are victims of trafficking/ sexual exploitation and other crimes 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 observation of the Calcutta High Court regarding the inability of State Legal Services Authorities to pay victim compensation to a victim of trafficking and if so, the details thereof;
- (c) whether the Government has taken steps to popularise and spread awareness on the victim compensation schemes among the people 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) & (b):   Section 357 of the Code of Criminal Procedure (CrPC) 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 said statutory incorporation, 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 (NALSA) has prepared compensation scheme for women victims/ survivors of sexual assault/ other crimes.  The Scheme 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.

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

(d) to (e):   NALSA has framed a scheme namely "NALSA (Victims of Trafficking and Commercial Sexual Exploitation) Scheme, 2015". The objectives of the Scheme is to provide legal services to address the concerns of victims of trafficking of all age groups and at every stage: i.e. prevention, rescue and rehabilitation. Within its wise ambit, the scheme covers children, adolescent girls and women of all ages.

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

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