Himachal Pradesh government notifies compensation scheme for victims

SHIMLA: The state government has notified Himachal Pradesh (Victim of Crime) Compensation Scheme, 2019, to provide financial assistance to the victim and support services such as shelter, counselling, medical aid, legal assistance, education and vocational training, depending upon the needs of the victim. The scheme was notified on October 11 for providing funds for the purpose of compensation to a victim of crime or his or her dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
It says that the state government shall constitute a fund called Himachal Pradesh Victim Compensation Fund, from which an amount of compensation under this scheme shall be paid to the victim or his or her dependants, guardian or legal heirs as the case may be, who has suffered loss or injury as a result of a crime and who requires rehabilitation. It further says that the state government shall allot a separate budget for the purpose of the scheme every year. The fund shall be operated by the member secretary, Himachal Pradesh State Legal Services Authority.
According to the notification, whenever under sub-section (2) of section 357-A of the code a recommendation for compensation is made by the court or an application is made under sub-section (4) of section 357-A of the code, to the District Legal Services Authority (DLSA) for award of compensation, the said authority shall examine the case and verify the contents of the claim with regard to the loss or injury caused to victim arising out of the reported crime.
It says that compensation so paid shall be subject to the condition that if the court while passing the judgement in the case arising out of a crime, orders the accused person(s) to pay any amount by way of compensation under sub-section (3) of section 357 of the code, an amount equivalent to compensation so paid under section 357-A of the code shall be remitted by the court directly to the state or the DLSA, as the case may be, by whom the compensation had been paid under the scheme.
The notification says that for the purpose of assessing the percentage or gravity of disability, physical abuse, injuries or determining loss of foetus, loss of fertility or mental agony the certificate of chief district medical officer or sub divisional medical officer, as the case may be, shall be conclusive unless the competent court or authority finds it unacceptable.
In the case of victimization due to human trafficking the question of rehabilitation shall be decided by the concerned DLSA after due inquiry, it added.