Apex court seeks reply on plea for compensation to sex crime victims

New Delhi: The Supreme Court on Friday sought the response of the Centre and state legal services authorities of four states to a plea of an NGO alleging violation of its order that survivors of sexual crimes have to be provided compensation as per the NALSA’S 2018 compensation scheme, also mandated under the Code of Criminal Procedure.

A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Paridwala issued notices to the Centre and the state legal service authorities of Madhya Pradesh, Uttar Pradesh, Bihar and Delhi on a plea by NGO ‘Social Action Forum for Manav Adhikar’.

Advocate Jyotika Kalra, appearing for the NGO, said the petitioner while working with the victims experienced denial of access to justice and fair treatment, restitution, compensation and assistance and the victims/survivors/families are compelled to forfeit the right to live with dignity.

Kalra said the apex court had in a 2018 judgement said all the states will have to follow the National Legal Services Authority’s (NALSA) scheme of compensation.

However, she said states like Uttar Pradesh, Madhya Pradesh and Delhi are paying varying compensation in violation of the apex court’s directions.

CJI Chandrachud said at present the court will issue notice to the Centre and the four states and the scope of petitions may be widened later, if need arises.

“By the present Writ Petition the Petitioner is invoking the jurisdiction of this Court for enforcement of fundamental rights of victims of sexual violence (VSV) guaranteed under article 14 and 21 of Constitution of India, victim compensation scheme under section 357A CrPC and NALSA’S Compensation Scheme for Women and Victims/Survivors of the Sexual Assault/other Crimes-2018 (NALSA Scheme of 2018),” the plea said.

The NGO said, according to a study based on annual reports of the National Crime Records Bureau, rape-related crime rate in India rose 70.7 per cent over the last two decades from 11.6 per 100,000 women and girls in 2001 to 19.8 in 2018.

The plea said in the statement of object and reasons of Code of Criminal Procedure (Amendment) Bill 2006 it has been specifically mentioned that “there is an urgent need to provide relief to women, particularly victims of sexual offence.”