The State government has notified the Tamil Nadu Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018, in line with the Supreme Court judgment delivered last month. A bench led by Justice Madan B. Lokur had approved the suggestion for compensation while hearing the Nipun Saxena Vs Union of India case and directed that the guidelines be made operational.
Under the scheme, a rape survivor will get a minimum compensation of ₹4 lakh. In the case of a survivor of gang rape, the compensation would be ₹5 lakh. If the woman has lost her life, her dependant would be entitled to a compensation of ₹7 lakh.
The maximum compensation that could be granted in cases of loss of life as well as gang rape is ₹10 lakh and the maximum compensation for rape could be ₹7 lakh, as per the scheme.
The scheme provides funds for the purpose of compensation to women victims or their dependants who have suffered loss or injury as a result of the offence committed and who require rehabilitation.
“Though a woman survivor or her dependants are eligible for compensation from multiple schemes, Section 357-B of the CrPC shall be taken into account while deciding on the quantum of compensation,” the notification said.
Survivors and their dependants could apply for compensation before the Tamil Nadu Legal Services Authority (TNSLSA) or the respective District Legal Services Authority (DLSA) with the police FIR.
The scheme covers offences registered under Sections 326A (acid attack), 354A to 354D (sexual harassment), 376A to 376E (sexual intercourse with wife during separation and allied offences), 304B (dowry death) and 498A (cruelty to wife) of the Indian Penal Code. “The TNSLSA/DLSA can, in deserving cases, suo motu initiate preliminary verification of facts for the purpose of grant of interim compensation,” the notification stated.
For determining the compensation, issues such as the gravity of the offence and severity of mental or physical harm or injury suffered by the survivor/victim, expenditure incurred or likely to be incurred for medical treatment and loss of educational opportunity or employment as a result of the offence would be taken into account. Issues as to whether the abuse was a single isolated incident or took place over a period of time and whether the woman became pregnant are the other factors that would be considered.
In case of a minor, 80% of the compensation awarded would be deposited in a fixed deposit account and shall be drawn only on attainment of the age of majority of the survivor.