SC nod for NALSA compensation scheme for sexual assault victims

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SC nod for NALSA compensation scheme for sexual assault victims

The court order stipulating a minimum compensation of Rs four lakh for survivors of sexual assault will become operational from October 2

The Supreme Court, on Wednesday (September 5), approved National Legal Services Authority’s (NALSA) compensation scheme for women victims and survivors of sexual assault and similar crimes. The award of compensation will become operational from October 2.

Accordingly, there will be a minimum compensation of Rs four lakh for such victims, which will also be extended to minor victims till a government scheme in accordance with the Protection of Children from Sexual Offences Act (POCSO Act) is framed.  For survivors of gang rape and the next of kin of women who lose their life in a case of sexual assault, the compensation amount will vary from Rs 5 to Rs 10 lakh.

While the State is at liberty to order higher compensation, the court has ruled that the compensation amount cannot be less than the slabs recommended by NALSA.

A bench of Justices Madan B Lokur, Deepak Gupta and S Abdul Nazeer accepted all suggestions put forwarded by amicus curiae Indira Jaising and said that the scheme and guidelines should be made operational by October 2.

The bench also directed all High Courts to give wide publicity to the order including broadcast of its details and awareness about the NALSA recommendations on Doordarshan and AIR.

The scheme will bring in uniformity in the compensation guidelines formulated by the states.

As per guidelines, a gang-rape victim will now get a minimum compensation of Rs 5 lakh and a maximum of Rs 10 lakh. In case of rape the compensation would vary from a minimum of Rs 4 lakh to maximum of Rs 7lakh. For unnatural sexual assault, the compensation is set at a minimum Rs 4 lakh and a maximum Rs 5 lakh. As mentioned above, the court has granted States the liberty to increase the compensation beyond the prescribed slabs if they deem it necessary.