Acid Sale & Victim Compensation Scheme in U.P.

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Sl. No. Description of loss or injury Previous Maximum Limit of Compensation Maximum Limit of Compensation
1. Rape Rs. 2,00,000/- Rs. 3,00,000/-
2. Loss or injury causing severe mental agony to the victim of the crime (IPC Sections 325, 326, 333, 394, 429, 435 and 436) Rs. 1,00,000/- Rs. 1,00,000/-
3. Victim of corrosive substance i.e. acid attack etc. Rs. 3,00,000/- Rs. 5,00,000/-
4. Death (Non-earning member) Rs. 1,50,000/- Rs. 1,50,000/-
5. Death (Earning member) Rs. 2,00,000/- Rs. 2,00,000/-
6. Victim of Human Trafficking Rs. 2,00,000/- Rs. 2,00,000/-
7. Offences under section 4,6,7,9,11 and 14 of the Protection of the Children from Sexual Offences Act 2012 :-    
  (a) Penetrative sexual assult (section - 4) Rs. 2,00,000/- Rs. 2,00,000/-
  (b) aggravated penetrative sexual assult (section - 6) Rs. 2,00,000/- Rs. 2,00,000/-
  (c) sexual assult (section - 7) Rs. 1,00,000/- Rs. 1,00,000/-
  (d) aggravated sexual assult (section - 9) Rs. 1,50,000/- Rs. 1,50,000/-
  (e) sexual harrassment (section - 11) Rs. 1,00,000/- Rs. 1,00,000/-
  (f) using child for pronographic purpose (section - 14) Rs. 1,00,000/- Rs. 1,00,000/-
8. Burns affecting greater than 25% of the body (excluding acid attack cases) -- Rs. 2,00,000/-
9. Sexual assault (excluding rape) -- Rs. 50,000/-
10. Loss of foetus -- Rs. 50,000/-
11. Loss of fertility -- Rs. 1,50,000/-
12. Permanent Disability (80% or more) -- Rs. 2,00,000/-
13. Partial Disability (40% to 80%) -- Rs. 1,00,000/-
14. Women victims of cross border firing :-
(a) death or permanent disability (80% or more)		 -- Rs. 2,00,000/-
14. (b) partial disability (40% to 80%) -- Rs. 1,00,000/-

Note: State schemes which cover women and child welfare usually cater to women and children, from the date of announcement of the scheme (with no retrospective effect). Unlike those, the UP Victim Compensation Scheme is run as per the dictates of the Hon Supreme Court, and covers all categories of population (gender irrespective) and can include in its purview old cases and those referred to by the trial court/appeal court. The victims are free to approach the DLSA/SLSA freely with their grievances. The need is to popularize this scheme which is very victim centric in its outlook and which gives enormous powers to the judiciary to help victims.

Central / U.P. Government Victim Compensation Scheme

Important Judgement by Hon’ble Supreme Court on Acid Attack

Hon’ble High Court of U.P Judgement Related to Acid Victims, Acid Sale/Ban.

Action taken by the state government to regulate Acid Sale and treatment of Victims of Attack

  • Laxmi vs.Union of India (W.P.Criminal 129 of 2006), the Honorable Supreme Court instructed all the states to set up a Victim Compensation Scheme ensuring that a minimum of 3 lakhs was given to victims of acid attack.
  • Following the guidelines of the Honorable Court, the UP Victim Compensation Scheme was notified on 9th April 2014, using the powers conferred under Section 357A of CrPc (Act 2 of 1974)
  • As per the notification, the State Legal Services Authority (SLSA) and the District Legal Services Authority (DLSA) will have the power to decide and distribute compensations to victims of those categories which have been duly notified.
  • The victims can approach the DLSA/SLSA directly, or their cases can be referred by trial court or appeal court as the case may be.
  • The purpose of victim compensation is to give immediate financial aid and rehabilitation to victims.
  • There will not be duplicity of compensation (i.e. if the victim has already been compensated to the upper limit by any other central or state scheme, there will not be a duplication under this scheme)
  • Following further guidelines of the Honorable Supreme Court in Parivartan Kendra vs Union Of India (W.P.867 OF 2013),delivered on 7/12/15, and the multiple judgments of Honorable High Court of Allahabad vis a vis acid attacks and victims of POCSO Act, and incorporating the central government guidelines for victim compensation, the State of UP amended the victim compensation scheme in 7/6/2016 to make it one of the most sensitive victim compensation schemes in the country.
  • There are 14 categories notified for compensation cases and payment criteria have been made clear.
  • The expectation from district authorities, as instructed by GOs on the topic ( uploaded in this webpage) is that on coming to know of any victim suffering under a relevant section, the applicant may kindly be guided to the DLSA (Headed by the Hon DJ in every district) with an application. The services of the Prosecuting officers or DGCs can be used for helping the victims approach the DLSA. Once the DLSA is seized of the matter, and gives an order of compensation, the needed money is released by SLSA to the victim's account.
  • The DM, SP is expected to discuss the progress of the cases with the Hon DJ during every District monitoring committee meeting and to popularize it in their reviews with government prosecutors and counsels.
  • An amount of Rs 2 crore has been allocated to the UP SLSA for the financial year 2016-17, by the Law Department for this purpose.
  • The Hon High Court monitors the working of the scheme under its own sensitive leadership.
  • The UP SLSA and DLSA s have done exemplary work, and many victims have been positively benefited by this scheme.
  • The whole process is laid out in detail in the Government Order dated 14/6/2016 issued by Secretary Home, which contains the process, and the notification, duly uploaded in the website.