13 year old sexual abuse survivor awarded 4lakhs by DLSA, Chandigarh
In this post will read about the 13 year old sexual abuse survivor been awarded 4lakhs by DLSA, Chandigarh and a brief view into the Chandigarh victim assistance scheme.
In January 2021, a 13 year old girl had complained Of health issues after which she was taken to PGIMER, were the doctors pronounced her pregnant, An FIR was later registered under section 376 (3), section 506 of IPC and section 6 of POSCO Act .This case was referred to DLSA, but after seeing the nature of and gravity of the case CJM cum- secretary of DLSA, took the Suo motto cognizance of case and granted her medical aid and interim monetary compensation of rupees 4 lakhs from Chandigarh victim Assistance Scheme.
Chandigarh Victim Assistance Scheme 2018.
Under powers conferred by section 375 A of criminal procedure code, 1973 and in compliance to the directions given by the supreme court in the cases of Nipun Saxena v Union of India and In Tehseen v Union of India, the administrator’s of Chandigarh made this scheme for providing funds for the assistance of victims, who have suffered loss or injury or both as a result of crime.
Competent authorities to provide assistance under this scheme are SLSA and DLSA.
Sexual assault victims are separately defined under this act as victim who has suffered mental or physical injury or both as a result of sexual offence including Sections 376 (A) to (E), Section 354 (A) to (D), Section 509 IPC.
Victim compensation fund comprise of State Victim Compensation Fund and Central Fund from which the amount of compensation, as decided by the State Legal Services Authority or District Legal Services Authority, shall be paid to the victim or their dependent (s) who have suffered loss or injury as a result of an offence and who require rehabilitation.
Eligibility for assistance/compensation are the victim or his / her dependent (s) as the case may be, shall be eligible for grant of compensation after following the criteria for the grant of assistance as prescribed under this scheme. However, compensation received by the victim in any other scheme with regard to Section 357 B Cr.P.C. shall be taken into account while deciding the quantum of compensation.
Mandatory reporting of FIR is an procedure for grant of assistance
Factors considered while granting assistance include gravity of offense, medical expenditures, loss of educational opportunities, loss of employment opportunities, disability suffered etc.
That in case the victim is an orphaned minor without any parent or legal guardian the immediate relief or the interim compensation shall be disbursed to the Bank Account of the child, opened under the guardianship of the Superintendent, Child Care Institutions where the child is lodged or in absence thereof, DDO/SDM, as the case may be.
Compensation up to 10 lakh rupees are available for victims by considering various factors. Like for example injures of 20%, acid attacks, rape, and death of a victim.
While delivering the judgement the CJM come secretary of the of DLSA Chandigarh, Ashok Kumar Mann said, “ The amount of interim aid and monetary compensation cannot be measured with mathematical exactitude, Yet in view of gravity of offense and mental or physical harm and injury suffered by victim coupled with other factual, social and economical aspects medical aid and interim monetary compensation of 4 lakhs on account of rape of minor is here by awarded to the victim”.
This post is written by Revathi Balakrishnan
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