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Synopsis

The Calcutta High Court recently ordered the West Bengal government to compensate a minor victim of trafficking and rape with Rs. 7 lakhs.

The single judge bench of Justice Moushumi Bhattacharya said that the victim cannot be asked to wait until the funds are sanctioned by the State Government and reach the Judicial Department. Thus, the state govt, shall pay a sum of Rs.7 lakhs.

Justice Bhattacharya passed this order after she had been informed that the State had dispatched the compensation money, the survivor had yet to receive it.

The petitioner/victim was trafficked from Kolkata and forced into prostitution in Pune. Later on, she was rescued by the police and moved the court for compensation. At the time of filing the petition, she was 17 years old. On December 4, 2019, she was awarded compensation of Rs. 1,25,000/- for rape and Rs. 25,000/- for sexual assault by DLSA under the West Bengal Victim Compensation Scheme, 2017.

She had challenged the order before DLSA on September 14, 2022. Her appeal was rejected on the grounds that the petitioner's compensation was in conformity with the 2017 Scheme.

In a previous hearing on April 4, the bench pointed out that NALSA schemes are designed to help all (women) survivors of crimes, regardless of the state in which they live.

On April 19, 2023, the Court was informed that only West Bengal has yet to execute the said programme across the country.

On April 26, counsel representing the State mentioned that the Finance Department had done the requisite steps and that the sanction of monies was pending approval

Counsel appearing for the victim stated that she is entitled to Rs.7.75 lacs on the basis of the NALSA Scheme, further, she 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.

The counsel relied on the apex court judgment of Nipun Saxena and others v. Union of India and others which made the NALSA Scheme and the Guidelines operational from October 2, 2018.

Further, the counsels representing SLSA ad DLSA argued that the NALSA Scheme and the amounts proposed under the Scheme are not made available to the SLSA or the State Government, and so they cannot pay compensation in accordance with the NALSA Scheme.

The court however observed that survivors cannot be made to wait in this manner.

“The petitioner/victim before the court cannot be asked to wait until the funds are sanctioned by the State Government and reach the Judicial Department,” the court said.

The court listed the matter on May 11, 2023.

Case Title: Z vs. State of West Bengal