NALSA's victim compensation scheme be followed in POCSO cases: Top court

New Delhi: The Supreme Court on Wednesday said the National Legal Services Authority's (NALSA) scheme for compensating the victims of sexual assault and acid attacks should be used as guidelines by special courts in awarding compensation to minor victims of sexual abuse till the Centre finalises the rules.

The apex court took note of the fact that no rules have been framed by the Centre under the Protection of Children from Sexual Offences (POCSO) Act on the basis of which special courts could award compensation to minor victims of cases under the law.

A bench headed by Justice Madan B Lokur, which had earlier accepted the NALSA's 'Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes-2018', said the scheme and the guidelines would be operational across the country from October 2.

"...We are of the opinion that the NALSA compensation scheme should function as the guidelines for special courts (under the POCSO Act) to award compensation to the victims of sexual abuses until rules are formalised by the central government," the bench, which also comprised Justices S Abdul Nazeer and Deepak Gupta, said.

The bench said the special court would take into consideration the provisions of the POCSO Act, which is gender neutral, as well as the circumstances of the cases while awarding interim compensation to the minor victims of sexual assaults.

As per NALSA's scheme, a victim of gang rape in any part of the country would get a minimum compensation of Rs 5 lakh and up to a maximum of Rs 10 lakh.

Similarly, in case of rape and unnatural sexual assault, the victim would get a minimum of Rs 4 lakh and maximum of Rs 7 lakh as compensation.

The scheme also says that the victims of acid attacks, in case of disfigurement of the face, would get a minimum compensation of Rs 7 lakh, while the upper limit would be Rs 8 lakh.

In acid attack cases, if the injury is more than 50 per cent, a minimum compensation of Rs 5 lakh would be given, while the maximum would be Rs 8 lakh.

Today, the apex court asked the special courts to also consider the fact that interim compensation awarded to minor victims of sexual assaults should not be misused or mis-utilised.

It directed that copies of the NALSA scheme as well as its order be sent to the registrars general of all high courts so that it could be circulated to the trial courts as well as the district or state legal services authority.

"We direct that wide publicity be given to the scheme as well as the order passed by us today on regular basis till rules are finalised by the central government," it said.