Calcutta High Court Orders State To Pay Rs 7 Lakh Compensation To Trafficking And Rape Victim

The Calcutta High Court recently directed the West Bengal government to pay a compensation of Rs. 7 Lakh to a minor victim of trafficking and rape.

The single judge bench of Justice Moushumi Bhattacharya observed that the victim cannot be asked to wait until the funds are sanctioned by the State Government and reach the Judicial Department. 

The petitioner, who was 17 years of age at the time of filing the petition, was granted a compensation of an amount of Rs. 1,25,000/- for rape and Rs. 25,000/- for sexual assault under the West Bengal Victim Compensation Scheme, 2017 on December 4, 2019. The petitioner challenged the order before DLSA which was dismissed vide order dated September 14, 2022 on the ground that petitioner’s compensation was in accordance with the 2017 Scheme.

The counsel appearing for the petitioner claimed compensation in accordance with the specific Scheme of the NALSA which provides for a minimum compensation of Rs. 4,00,000/- for an woman who is a victim of rape, and Rs. 7,00,000/- as the upper limit.

It was further submitted that Supreme Court on September 5, 2018 in Nipun Saxena and another v. Union of India and others made the NALSA Scheme and the Guidelines operational from October 2, 2018. The counsel appearing for the SLSA and DLSA submitted that the Scheme of NALSA and the amounts recommended under the Scheme are not made available to the SLSA or the State Government and hence theh cannot award compensation in accordance with the NALSA Scheme.

The court earlier had said it is unable to comprehend as to why NALSA’s Compensation Scheme for Women Victim/Survivors of Sexual Assault/ other Crimes, 2018 would not be available to the SLSA or the DLSA, and the victims in the state would be deprived of the amounts recommended under the said Scheme.

The court had further noted that the Schemes of NALSA are made to benefit all such victims, regardless of the particular state in which they are located.

On April 19, the counsel appearing for NALSA submitted that West Bengal is the only state which is yet to implement the NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018. On April 26, the counsel appearing for the petitioner submitted that the petitioner is entitled to Rs.7.75 lacs on the basis of the NALSA Scheme and the petitioner is also entitled to get 50% of the total amount by reason of being below 18 years of age on the date of commission of the offence.

It was further submitted that the petitioner is deprived of this benefit of 50% under the West Bengal Victim Compensation Scheme, 2017, which gives the benefit of 50% to the victims aged below 14 years.

The counsel appearing for the State submitted that sufficient funds would be provided by the State to the Judicial Department for implementing the Scheme as well as the NALSA Scheme for the victims/survivors of sexual assault. It was further submitted that necessary steps have been taken by the Finance Department and the sanction of funds is pending approval.

The matter is listed again on May 11 for compliance. 

Case Title: X v. The State of West Bengal & Ors.

Coram: Justice Moushumi Bhattacharya

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