Tamil Nadu Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018

What the scheme governs

The Tamil Nadu Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018 provides financial compensation for women who suffer physical or mental injury, loss or death because of an offence and require rehabilitation. It also covers eligible dependents, including a husband, father, mother, grandparents, unmarried daughter and minor children, subject to determination by the legal services authority.

The scheme was issued following a direction of the Supreme Court of India in Nipun Saxena versus Union of India. It does not create or change any land, planning, registration or property ownership requirement.

Who may apply

An application for interim or final compensation may be made by:

• The woman victim.
• Her dependents.
• The Station House Officer for the area.
• A court through a recommendation in the circumstances described in the scheme.

Applications may be submitted to the Tamil Nadu State Legal Services Authority, the relevant District Legal Services Authority, or through an online portal to be created by State Legal Services Authorities.

Key provisions

• The Women Victims Compensation Fund is operated by the Tamil Nadu State Legal Services Authority.
• The fund may receive Central scheme contributions, Tamil Nadu budget grants, amounts ordered by tribunals, recoveries from offenders, permitted donations and corporate social responsibility contributions.
• A claimant may qualify under multiple compensation schemes, but compensation received under other applicable schemes is considered when fixing the amount.
• Police authorities must promptly share First Information Reports for specified covered offences with the appropriate legal services authority, allowing deserving cases to be considered for interim compensation without a separate application.
• Applications must use the prescribed form and include the First Information Report or qualifying criminal complaint. Medical reports, death certificates, judgments or court recommendations should be included where available and applicable.
• Compensation decisions may consider the seriousness of the offence, medical and counselling costs, educational or employment loss, pregnancy, sexually transmitted disease, Human Immunodeficiency Virus, disability, financial condition and rehabilitation needs.
• The inquiry must be completed expeditiously and cannot exceed sixty days from receipt of the claim, petition or recommendation.
• Deserving cases and all acid attack cases may receive interim relief after preliminary verification. Special payment periods and amounts are specified for acid attack victims.
• Where the victim is a minor, the compensation limit is treated as fifty per cent higher than the amount in the appended Schedule.