“In order to bring in relative uniformity in the quantum of compensation, support and supplement Victim Compensation Scheme (VCS) of the States and Union Territories, and encourage them to effectively implement the scheme, the Union Ministry of Home Affairs (MHA) set up the Central Victim Compensation Fund (CVCF) in 2015 with initial corpus of ₹200 crore” From one of the research studies conducted by Human Development Society with the support of NHRC on status of rehabilitation and victim compensation in India.
While compensation to victims of crime received increasing attention in many countries like Canada, Switzerland, Australia, New Zealand and the USA in the latter half of last century, one significant multilateral initiative in this regard was the unanimous adoption of the ‘Declaration of Basic Principles of Justice for Victims and Abuse of Power’ by the UN General Assembly in 1985. Besides requiring the States to provide financial compensation to victims and their dependents, the UN Declaration encourages ‘establishment, strengthening and expansion of national funds for compensation to victims …’ and ‘material, medical, psychological and social assistance through governmental, voluntary, community-based and indigenous means’
Compensation to the victim as a component of criminal justice administration is relatively new in India. In post-independence period, it was first governed under Section 545 of the now repealed Code of Criminal Procedure, 1898, and subsequently under Section 357 of the Code of Criminal Procedure, 1973 (CrPC) empowering the courts to award compensation while passing judgment of conviction. However, the criminal courts of the country have rather been reluctant to use the Section as reflected in judgments of the Supreme Court and recommendations of various Law Commissions of India, the National Commission to Review the Working of the Constitution (2002) and the Committee on Reforms of Criminal Justice System (2003). The Code of Criminal Procedure (Amendment) Act, 2008, which resulted in insertion of Section 357A to the CrPC in 2009, addressed the above gap by requiring every Indian State to prepare a Victim Compensation Scheme (VCS) in coordination with the Central government for compensating the victims or his/her dependents who need to be rehabilitated. Despite the above positive measures, available studies, news reports and observations of Courts suggest that benefits of the VCS have not evenly reached the victims of various crimes including human trafficking.
It is found from the said study of HDS conducted in UP, West Bengal and Rajasthan that, the amount of compensation is only ₹20000 in most cases (88%). With most of the victims receiving compensation under the Bonded Labour System (Abolition) Act, 1978, the reach of VCS is extremely limited (only 2%). The nature of rehabilitation is directly proportional to the amount of compensation received. While a small amount of compensation is effective for fulfilling short-term needs, effectiveness is high for both short and long term needs if the compensation amount is high. Compensation is not very effective in mitigating the mental and psychological challenges faced by the victims. Two key challenges to effectiveness are time consuming procedure and low amount of compensation.
The amount of compensation money is considered overwhelmingly inadequate. Long processing period of up to two years or more is a negation of timeliness and efficiency. While near absence of corruption shows managerial efficiency, attitude of officials processing compensation have not always been good to the victims.
Non-recipient victims are not highly aware of VCS, and hence unlikely to receive the entitlement. Non-availability of documents like release certificate in case of bonded labour and copy of FIRs precluded access to benefits of compensation. The need of financial support is very high among the non-recipients as they wish to fulfil their housing, business, employment, health and family needs, and soothe mental and psychological challenges.
The Andhra Pradesh government notified a Victim Compensation Scheme in 2015, for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. In accordance with a study conducted by SANJOG – KOLKATA, as per the APSLSA, the Govt. of A.P allocated 16.62 crores (6.62 crores under Nirbhaya Fund apart from annual budget by the state) only 2.21 crores have been utilised in last 5 years for Victim Compensation i.e., 13% of funds utilised. Only 2 cases have been received VC after 2015 recommended by courts of Kurnool district. And also, in accordance with the NCRB report, since the year 2015 to 2018 nearly more than 1100 victims have been rescued from human trafficking particularly for commercial sexual exploitation in A.P. But, up to 2018 only 2 victims have received the Victim Compensation that too by the orders of Kurnool court.
As a response to the RTI filed in the year, the AP Legal Services Authority has given the below information with regard to the Victim Compensation:
Year |
2015 – 16 |
2016 - 17 |
2017 – 18 |
2018 -19 |
Funds received by APSLSA from the Govt. of A.P |
2.5 Crores |
2.5 Crores |
2.5 Crores |
2.5 Crores from annual budget and |
Funds utilised by the APSLSA for Victim Compensation |
Nil - as funds received at end of financial year |
Rs. 6175000/- |
Rs. 7669000/- |
Till 28.02.2019 Rs. 82,44,136/- |
A. Victim Compensation Fund has been created under a separate Head of Account, containing
- a. An earmarked budgetary allocation
- b. Grants made by Central, State, or local Government or any person
- c. Fines imposed under section 357
- d. Compensation recovered from the accused under Clause 13
- e. Donations and contributions
B. victim is eligible for compensation under this scheme if -
- a. The offender is not identified, but the victim is identified, and where no trial takes place
- b. The crime was reported to the relevant authorities within 48 hours of occurrence
- c. Where a trial has taken place, the claimant has cooperated with the police during the investigation and trial
- d. The income of the family does not exceed Rs.4.5 lakh per annum
- e. The crime occurred within the Jurisdiction of the State of Andhra Pradesh.
The Home Department is the Nodal Department for regulating, administering and monitoring the scheme. The Fund is to be operated by Member Secretary of SLSA or Secretary of DLSA. The SLSA is accountable under the Scheme and for furnishing periodical returns of the amounts remitted to them through the Nodal Department.
Implementation status of the Victim Compensation Scheme in Andhra Pradesh, since inception: (As per SLSA response for RTI)
Year |
Number of Applications Received |
Number of Applications Disposed |
Number of Applications Pending |
Total Amount |
||||
All crimes |
Only Human trafficking |
All crimes |
Only Human trafficking |
All crimes |
Only Human trafficking |
Only Human trafficking |
All crimes |
|
2015-16 |
146 |
0 |
47 |
0 |
381 |
0 |
0 |
Nil - as funds received at end of financial year |
2016-17 |
42 |
0 |
28 |
0 |
7 |
0 |
0 |
61,75,000 |
2017-18 |
59 |
1 |
37 |
1 |
22 |
0 |
NA |
Rs. 7669000/- |
2018-19 |
128 |
1 |
46 |
1 |
75 |
0 |
NA |
Till 28.02.2019 Rs. 82,44,136/- |
According to a recent research, India awarded Victim compensation to less than 100 victims of trafficking between 2011 and 2019. One of the primary reasons for the same was identified that the ‘burden of proof’ remains on the victim – from prompt reporting of the crime to cooperating with police investigations and deposing in court.
Limitations in the Scheme Design
1. Eligibility for compensation: The application for compensation is required to be filed within 48 hours of the occurrence of crime, which is an unreasonably short duration. Even if the scheme provides for condonation of this delay in filing the application, it would require more procedural work on behalf of the applicant. Further, at the same time, the scheme provides for a limitation period of 12 months from the occurrence of crime for filing a compensation claim, resulting in ambiguity in the two provisions as two separate time periods for filing applications are mentioned.
The eligibility criteria for compensation further requires the family income to be lower than Rs.4.5 lakh per annum, which is unreasonable in as much as
2. Repayment of compensation amount: If the victim is eligible for compensation under multiple schemes, the victim has to remit any excess compensation received, before the disbursement of any amount under this scheme. This provision is extremely problematic as it puts the victim in a financially strained position. Any excess compensation should be set off, and the victim should never be asked to repay the compensation amount once received.
3. While the scheme provides for compensation to the victims of human trafficking, it has a certain limitation attached to the same. The scheme only provides for compensation to the women and child victims of trafficking but does not cover the ‘male adult victim of human trafficking’, which is also hugely prevalent across the state. To cite the specific provision:
“A compensation of Rs. 50000 (maximum) will be provided to the victim who has suffered loss or injury causing severe mental agony to Women and Child Victims in cases like Human Trafficking, Kidnapping and Molestation etc”
The gaps and challenges of enhancing the outreach lies at two different fronts:
1. Police officials and DLSAs should be informing the victims regarding the prevalence of the respective provisions in the Victim Compensation scheme against which they can claim the compensation. It is plausible that there exists a lacuna in this process.
2. Legal Services Authority is mandated to the task of raising awareness and building community drives and campaigns in order to build generate consciousness towards legal awareness. Context specific initiatives are needed to be put forth which are lacking in Andhra Pradesh.
Corrective measures to be adopted: In order to address the challenges in the framework of the scheme and its implementation, the following measures can be adopted by various stakeholders and the state government.
1. Amendment of the scheme
The government must notify an amendment to the scheme in order to address the gaps as mentioned above and specifically:
- a. Include adult male victims of trafficking also under the ambit of the scheme
- b. Increase and set compensation amounts as prescribed by the relevant authority and in accordance with the amounts set by other states
- c. Simplify the eligibility and application procedure to support the victim
- d. Amend the clause of repayment of compensation by reducing the burden from the victim
- e. Include the provisions which define rehabilitation mechanism with institutional support for the victims, like the Odisha Victim Compensation Scheme
- f. Fast tracking the disposal of compensation application:The efficiency of implementation can be increased through faster processing of compensation applications. This can be ensured through availability of data on the number of applications processed, to put pressure on the authorities to expedite claims
2. Standard Operating Procedure for Victim Compensation Scheme
There should be a Standard Operating Procedure for the Andhra Pradesh Victim Compensation Scheme. The existing limitations in the design and delivery architecture of the scheme can be addressed by building a comprehensive framework of operating procedure for victim compensation.
3. SLSAs should conduct awareness initiatives on Victim Compensation schemes. This can be done by conducting radio/T.V. talks via state level disseminating media sources. Dissemination of information regarding the scheme in regional language will be more effective. SLSAs can direct DLSAs to conduct district level awareness drives on the issue of victim compensation, especially in hotspot areas where the incidences of such crimes are high.
About HELP:
HELP is a voluntary organisation mentoring VIMUKTHI (A State level forum of sex workers and survivors of trafficking) in its mission for socio-economic empowerment of sex workers and survivors of trafficking for commercial sexual exploitation. HELP is working over two decades for the prevention of human trafficking and also protection and welfare of women and children in vulnerable conditions in the state of Andhra Pradesh.
For any clarifications please contact – Mr. Nimmaraju Ram Mohan @ 99497 23666 Mr Bhaskar – Programme Manager – HELP @ 9949688014