Manipur Compensation Scheme For Women Victims/Survivors Of Sexual Assault/Other Crimes, 2023
To regulate the payment of compensation to the women victims/survivors of sexual assault/ other crimes, the Manipur Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2023 is being introduced by the state government.
This scheme is an upgraded version of the Manipur Victim Compensation Scheme, 2019 in conformity with the Model Scheme provided by the National Legal Services Authority for victim compensation.
The scheme shall apply to the victims and their dependent (s) who have suffered loss, injury, as the case may be, as a result of the offence committed and who require rehabilitation. It shall come into force on the date of its publication in the Official Gazette.
In this scheme, a ‘dependent’ includes husband, father, mother, grandparents, unmarried daughter and minor children of the victim as determined.
Victim compensation fund constituted under the State Victim Compensation Scheme, and funds received from the Central Victims Compensation Fund (VCF) Scheme, 2015 is part of this scheme.
A ‘Women Victim Compensation Fund’ which is a fund segregated for disbursement for women victims, out of State Victim Compensation Fund, and Central Fund shall come under this scheme.
The Women Victims Compensation Fund as decided by legal authority shall be paid to the women victim or her dependent (s) who have suffered loss or injury as a result of an offence and who require rehabilitation. The fund shall be operated by the Manipur State Legal Services Authority (MASLSA).
ELIGIBILITY: A woman victim or her dependent (s) as the case may be, shall be eligible for the grant of compensation from multiple schemes applicable to her.
However, the compensation received by her in the other schemes with regard to Section 357- B Cr.P.C., shall be taken into account while deciding the quantum in the subsequent application.
PROCEDURE: OC/SP/SDPO shall mandatorily share soft/hard copies of FIR immediately after its registration.
An application for the award of interim/ final compensation can be filed by the Victim and/or her Dependents or the Officer-In-Charge (OC) of the area before the concerned MASLSA or DLSA.
It shall be submitted In Form ‘I’ along with a copy of the First Information Report (FIR) or criminal complaint of which cognizance is taken by the Court and if available Medical Report, Death Certificate, wherever applicable, copy of judgment/ recommendation of court if the trial is over.
You can download the Form ‘I’ here:
In case of acid attack victims, the deciding authority shall be the Criminal Injury Compensation Board as directed by the Supreme Court.
The inquiry as contemplated under sub-section (5) of Section 357A of the Code, shall be completed expeditiously and the period in no case shall exceed beyond sixty days from the
receipt of the claim/petition or recommendation.
Provided that in cases of acid attack an amount of Rs. One lakh shall be paid to the victim within 15 days of the matter being brought to the notice of DLSA.
The order granting interim compensation shall be passed by DLSA within 7 days of the matter being brought to its notice and the MASLSA shall pay the compensation within 8 days of passing of the order.
Thereafter, an amount of Rs. 2 lakhs shall be paid to the victim as expeditiously as possible and positively within two months of the first payment, provided further that the victim may also be paid such further amount as is admissible under this Scheme.
After consideration of the matter, the MASLSA or DLSA, as the case may be, upon its satisfaction, shall decide the quantum of compensation to be awarded to the victim or her dependents) taking into account the factors enumerated in Clause 8 of the Scheme, as per schedule appended to this Scheme. However, in deserving cases, for reasons to be recorded, the upper limit may be exceeded.
Moreover, in case the victim is minor, the limit of compensation shall be deemed to be 50% higher than the amount mentioned in the Schedule appended to this Scheme.
Victims of Acid attack are also entitled to additional compensation of Rs. 1 lakh under Prime Minister’s National Relief Fund. Victims of Acid Attack are also entitled to additional special financial assistance up to Rs. 5 lacs who need treatment expenses over and above the compensation paid by the respective State/UTs.
DISTRIBUTION: The amount of compensation so awarded shall be disbursed by the MASLSA by depositing the same in a Bank.
In case the victim is a minor along with a guardian or in case, minor is in a child care institution, the bank account shall be opened with the Superintendent of the Institution as Guardian. However, in case the victim is a foreign national or a refugee, the compensation can be disbursed by way of cash cards.
A sum of Rs 5000 or as the case warrants up to Rs. 10,000 shall be immediately disbursed to the victim through preloaded cash card from a Nationalized Bank by the Secretary, DLSA or Member Secretary, MASLSA.
In cases of acid attack, a sum of Rs One lakh shall be paid to the victim within 15 days of the matter being brought to the notice of MASLSA/DLSA.
Under the Scheme, no claim made by the victim or her dependent(s), under sub-section (4) of Section
357A of the Code, shall be entertained after a period of 3 years from the date of occurrence of the offence or conclusion of the trial. However, in deserving cases, on an application made in this regard, for reasons to be recorded, the delay beyond three years can be condoned by the MASSAs/DLSAs.
In case the victim or her dependents are not satisfied with the quantum of compensation awarded by the Secretary, DLSA, they can file an appeal within 30 days from the date of receipt of order before the Member Secretary, MASLSA.
This Scheme does not apply to minor victims under POCSO Act, 2012 in so far as their compensation issues are to be dealt with only by the Ld. Special Courts under Section 3 (8) of POCSO Act, 2012 and Rules (7) of the POCSO Rules, 2012.
SCHEDULE APPLICABLE TO WOMEN VICTIMS OF CRIMES
|Sl. No.||Particulars of loss or injury||Minimum limit
|Upper Limit of Compensation|
|1.||Loss of life/ enforced disappearance||Rs. 5 Lakh||Rs. 10 Lakh|
|2.||Gang Rape||Rs. 5 Lakh||Rs. 10 Lakh|
|3.||Rape||Rs. 4 Lakh||Rs. 7 Lakh|
|4.||Unnatural Sexual Assault||Rs. 4 Lakh||Rs. 7 Lakh|
|5.||Loss of any limb or part of body resulting in 80% permanent disability or above||Rs. 2 Lakh||Rs. 5 Lakh|
|6.||Loss of any limb or part of body resulting in 40% and below 80% permanent disability||Rs. 2 Lakh||Rs. 4. Lakh|
|7||Loss of any limb or part of body resulting in above 20% and below 80% permanent disability||Rs. 1 Lakh||Rs. 3 Lakh|
|8||Loss of any limb or part of body resulting in below 20% permanent disability||Rs. 1 Lakh||Rs. 2 Lakh|
|9||Grievous physical injury or any
mental injury requiring rehabilitation
|Rs. 1 Lakh||Rs. 2 Lakh|
|10||Loss of foetus i.e., Miscarriage as a result of Assault or loss of fertility||Rs. 2 Lakh||Rs. 3 Lakh|
|11.||In case of pregnancy on
account of rape
|Rs. 3 Lakh||Rs. 4 Lakh|
|12.||Victims of Burning-|
|a)||In case of disfigurement of face||Rs. 7 Lakh||Rs. 8 Lakh|
|b)||In case of injury more than 50%||Rs. 5 Lakh||Rs. 8 Lakh|
|c)||In case of injury less than 50%||Rs. 3 Lakh||Rs. 7 Lakh|
|d)||In case of injury less than 20%||Rs. 2 Lakh||Rs. 3 Lakh|
|13.||Victims of Acid of Acid Attack-|
|a)||In case of disfigurement of face.||Rs. 7 Lakh||Rs. 8 Lakh|
|b)||In case of injury more than 50%||Rs. 5 Lakh||Rs. 8 Lakh|
|c)||In case of injury less than 50%||Rs. 3 Lakh||Rs. 5 Lakh|
|d)||In case of injury less than 20%||Rs. 3 Lakh||Rs. 4 Lakh|
Note: If a woman victim of sexual assault/acid attack is covered under one or more category of the schedule, she shall be entitled to be considered for combined value of the compensation.