UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HC

The Allahabad High Court has asked a rape victim seeking compensation under the Uttar Pradesh Victim Compensation Scheme 2014 to approach the District Legal Service Authority.

While clarifying the procedure for rape victims for claiming compensation, Justice Jyotsna Sharma observed that “the 'eligibility' of the victim for grant of compensation and quantum thereof can only be decided by the D.L.S.A. The court concerned can only make a 'recommendation'. It falls within the jurisdiction of D.L.S.A. to decide whether the 'claim' falls within the parameter of the scheme of 2014 or not. The role of the court, in such circumstances is formal and no more”

Factual Background

In a Sessions trial under Sections 363 and 376 IPC, the accused was convicted and sentenced to life imprisonment with fine of Rs. 25,000/-, half payable to the victim as compensation. Since the accused was in jail and had filed an appeal against the conviction order, no fine had been deposited. Consequently, the petitioner had not received any compensation.

Petitioner had approached the writ court for grant of compensation, however, she was directed to approach the Court below for the same. On petitioner's application, the District Probation Officer concerned submitted a report stating therein that the scheme "Uttar Pradesh Rani Laxmi Bai Mahila Evam Bal Samman Kosh" was brought out in 2015, whereas the incident in the present case occurred in 2010. Accordingly, petitioner was not entitled to any compensation under the Scheme. Based on the report, the application filed by the petitioner was rejected by the Court below.

Accordingly, the petitioner again approached the Allahabad High Court by invoking its writ jurisdiction.

Observations by the High Court

“The way, the matter of compensation has been handled by the court concerned, gives an impression that the court was unaware of the scheme and the formalities required for grant of compensation as provided in U.P. Victim Compensation Scheme, 2014. Before I proceed further, I find it appropriate to go through the relevant provisions of law,” observed the Court.

The Court observed that Section 357-A (Victim Compensation Scheme) introduced on 31^st December 2009 in the Indian Penal Code, empowers the State Government to prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who suffered loss or injury as a result of a crime in coordination of the Central Government.

The Uttar Pradesh Victim Compensation Scheme 2014 was promulgated under Section 357-A IPC. The victim compensation fund established under the scheme is operated by Secretary, State Legal Services Authority. Schedule-1 annexed with the scheme provides the maximum limit of compensation that can be paid to a rape victim.

As to the procedure for application of compensation, the Court observed

“Para-5 of the scheme provides that the recommendation for grant of compensation can be made by the court. This recommendation can be made on the application moved by the victim or by the court suo moto. Whenever, such recommendation is received by District Legal Services Authority, it shall examine the case and verify the contents of the claim and after observing other formalities, as provided under the scheme and after due inquiry, award compensation within two months from the date of receipt of the recommendation in accordance with the provisions of the scheme.”

The Court granted liberty to the petitioner to move an application either before Court below or the District Legal Services Authority and the same shall be considered in accordance with law.

Case Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. And 3 Others [MATTERS UNDER ARTICLE 227 No. - 5804 of 2023]

Case Citation: 2024 LiveLaw (AB) 1

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