A total amount of Rs 63.25 lakh has been paid as compensation to 44 women who were victims of sexual offences in Meghalaya last year.
Similarly, eight other victims of other crimes were paid compensation amounting to Rs 9.50 lakh.
According to data, 82 applications were referred by the courts while 76 applications were filed by victims and forwarded by police and other government agencies last year. The number of pending applications as on January 1, 2021 is 84.
As far as the number of applications disposed is concerned, 35 were given interim disposal and 17 were given final disposal.
In 2020, an amount of Rs 55.50 lakh was paid as compensation to victims of sexual offences in the State while Rs 11 lakh was paid for victims of other crimes.
A total of 194 applications were received including matters referred by the courts in 2020. The number of applications disposed is 58.
It may be noted that in 2009, with the introduction of Section 357A in the CrPC, the concept of rehabilitative compensation paid by the government 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.”
In pursuance to the statutory incorporation, most of the states have formulated their respective Victim Compensation Schemes. The 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 recommendations to the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA), as the case may be, to decide the 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 enquiry and to award adequate compensation within two months.
Following the directions of Supreme Court of India in WP (C) No. 565/2012, a committee was set up by the Centre to prepare model rules for victim compensation for sexual offences and acid attacks.
The committee formulated the Compensation Scheme for Women Victims/Survivors of Sexual Assault/other crimes. The scheme provides for a Women Victim Compensation Fund which is a segregated fund for disbursement for women victims, out of State Victim Compensation Fund and Central Fund.
The Central Fund means the contribution received from Central Victim Compensation Fund (CVCF) Scheme, 2015.
Many of the states have revised their existing Victim Compensation Schemes in accordance with the NALSA’s scheme. The Central government has provided one time grant-in-aid of Rs 200 crore under Central Victim Compensation Fund (CVCF) to states and union territories under the ‘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 State Legal Services Authorities 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.
