GUIDELINES
Details : The Meghalaya Victim Compensation Scheme, 2022 is a social welfare scheme introduced by the Social Welfare Department, Govt. of Meghalaya. Under this scheme, financial assistance to the victim along with support services such as shelter, counseling, medical aid, legal assistance, education, and vocational training depend upon the needs of the victim. The scheme shall apply to the victims and their dependent(s), or the member(s) of the family of the victim, who have suffered loss, or injury as the case may be, as a result of the crime and who require rehabilitation.
Benefits : -
1. Particular of Loss or Injury: Loss of Life - Age Limit (if any): Age 40 years or below 40 years; Compensation (in ₹): 10,00,000
2. Particular of Loss or Injury: Loss of Life - Age Limit (if any): Age above 40 years and up to 60 years; Compensation (in ₹): 7,00,000
3. Particular of Loss or Injury: Loss of Life - Age Limit (if any): Age above 60 years; Compensation (in ₹): 5,00,000
4. Particular of Loss or Injury: Gang Rape - Age Limit (if any): NA; Compensation (in ₹): Minimum 5,00,000 and Maximum 10,00,000
5. Particular of Loss or Injury: Rape - Age Limit (if any): NA; Compensation (in ₹): Minimum 4,00,000 and Maximum 7,00,000
6. Particular of Loss or Injury: Unnatural Sexual Assault - Age Limit (if any): NA; Compensation (in ₹): Minimum 4,00,000 and Maximum 7,00,000
7. Particular of Loss or Injury: Loss of any Limb or part of body resulting in 80% permanent disability of above - Age Limit (if any): Age 40 years or below 40 years; Compensation (in ₹): 5,00,000
8. Particular of Loss or Injury: Loss of any Limb or part of body resulting in 80% permanent disability of above - Age Limit (if any): Age of 41 years and up to 59 years; Compensation (in ₹): 3,00,000
9. Particular of Loss or Injury: Loss of any Limb or part of body resulting in 80% permanent disability of above - Age Limit (if any): Age 60 years and above; Compensation (in ₹): 2,00,000
10. Particular of Loss or Injury: Loss of any Limb or part of body resulting in 40% and below 80% permanent disability - Age Limit (if any): 40 years or below 40 years; Compensation (in ₹): 4,00,000
11. Particular of Loss or Injury: Loss of any Limb or part of body resulting in 40% and below 80% permanent disability - Age Limit (if any): Age of 41 years and up to 59 years; Compensation (in ₹): 3,00,000
12. Particular of Loss or Injury: Loss of any Limb or part of body resulting in 40% and below 80% permanent disability - Age Limit (if any): Age 60 years and above; Compensation (in ₹): 2,00,000
13. Particular of Loss or Injury: Loss of any Limb or part of body resulting in above 20% and below 40% permanent disability - Age Limit (if any): Age 40 years or below 40 years; Compensation (in ₹): 3,00,000
14. Particular of Loss or Injury: Loss of any Limb or part of body resulting in above 20% and below 40% permanent disability - Age Limit (if any): Age of 41 years and up to 59 years; Compensation (in ₹): 2,00,000
15. Particular of Loss or Injury: Loss of any Limb or part of body resulting in above 20% and below 40% permanent disability - Age Limit (if any): Age 60 years and above; Compensation (in ₹): 1,00,000
16. Particular of Loss or Injury: Loss of any limb or part of body resulting in below 20% permanent disability - Age Limit (if any): Age 40 years or below 40 years; Compensation (in ₹): 2,00,000
17. Particular of Loss or Injury: Loss of any limb or part of body resulting in below 20% permanent disability - Age Limit (if any): Age of 41 years and up to 59 years; Compensation (in ₹): 1,50,000
18. Particular of Loss or Injury: Loss of any limb or part of body resulting in below 20% permanent disability - Age Limit (if any): Age 60 years and above; Compensation (in ₹): 1,00,000
19. Particular of Loss or Injury: Grievous physical injury or any mental injury requiring rehabilitation - Age Limit (if any): NA; Compensation (in ₹): Minimum 1,00,000 and Maximum 2,00,000
20. Particular of Loss or Injury: Loss of Foetus i.e., Miscarriage as a result of Assault or loss of fertility - Age Limit (if any): NA; Compensation (in ₹): Minimum 2,00,000 and Maximum 3,00,000
21. Particular of Loss or Injury: In case of pregnancy on account of rape
Age Limit (if any): NA; Compensation (in ₹): Minimum 3,00,000 and Maximum 4,00,000
22. Particular of Loss or Injury: Victims of Burning: In case of disfigurement of case - Age Limit (if any): NA; Compensation (in ₹): Minimum 7,00,000 and Maximum 8,00,000
23. Particular of Loss or Injury: Victims of Burning: In case of more than 50% - Age Limit (if any): NA; Compensation (in ₹): Minimum 5,00,000 and Maximum 8,00,000
24. Particular of Loss or Injury: Victims of Burning: In case of injury less than 50% - Age Limit (if any): NA; Compensation (in ₹): Minimum 3,00,000 and Maximum 7,00,000
25. Particular of Loss or Injury: Victims of Burning: In case of less than 20% - Age Limit (if any): NA; Compensation (in ₹): Minimum 2,00,000 and Maximum 3,00,000
26. Particular of Loss or Injury: Victims of Acid Attack: In case of disfigurement of face - Age Limit (if any): NA; Compensation (in ₹): Minimum 7,00,000 and Maximum 8,00,000
27. Particular of Loss or Injury: Victims of Acid Attack: In case of injury more than 50% - Age Limit (if any): NA; Compensation (in ₹): Minimum 5,00,000 and Maximum 8,00,000
28. Particular of Loss or Injury: Victims of Acid Attack: In case of injury less than 50% - Age Limit (if any): NA; Compensation (in ₹): Minimum 3,00,000 and Maximum 5,00,000
29. Particular of Loss or Injury: Victims of Acid Attack: In case of injury less than 20% - Age Limit (if any): NA; Compensation (in ₹): Minimum 3,00,000 and Maximum 4,00,000
30. Particular of Loss or Injury: Physical abuse of minor - Age Limit (if any): NA; Compensation (in ₹): 2,00,000
31. Particular of Loss or Injury: Rehabilitation of victims of Human Trafficking - Age Limit (if any): NA; Compensation (in ₹): 1,00,000
32. Particular of Loss or Injury: Sexual assault (excluding rape) - Age Limit (if any): NA; Compensation (in ₹): 2,00,000
33. Particular of Loss or Injury: Women victim of cross border firing: Dead or permanent disability (80% or more) - Age Limit (if any): NA; Compensation (in ₹): 2,00,000
34. Particular of Loss or Injury: Women victim of cross border firing: Partial disability (40% to 80%) - Age Limit (if any): NA; Compensation (in ₹): 1,00,000
35. Particular of Loss or Injury: Women victim of cross border firing: Below 40% - Age Limit (if any): NA; Compensation (in ₹): 50.000/-
Eligibility -
1. If the offender is not traced or identified, the victim may also apply for a grant of compensation under sub-section (4) of section 357-A of the Act to meet expenses for physical and mental rehabilitation.
2. The victim or claimant must report the crime to the officer-in-charge of the local Police Station or to the Magistrate having jurisdiction before making claim for the compensation or suo-moto cognizance taken of the crime by the police under whose jurisdiction the offense was committed.
3. The victim or claimant (in the case of the death of the victim) shall fully cooperate with the police and prosecution from the stage of investigation till the conclusion of the trial of the case. Turning hostile or refusing to depose or failing to appear during trial shall be considered to be non-cooperation.
4. The crime must be one in which the victim sustains mental or bodily injury or dies.
5. The death or permanent incapacitation of the victim was not the result of suicide or self-infliction of bodily or mental injury or a result of the victim’s own wrongdoing.
6. The victim has not been compensated for the loss or injury under any other scheme of the Central or the State Government or Insurance Company or any other institutions.
7. Perpetrators of the crime or their dependents will not be eligible for any compensation under the scheme.
(Explanation: The victim shall inform the authority of the details of claims for compensation made under any other scheme or from any other source. The victim may exercise the option to choose another scheme of Government if the same is more beneficial to him. The victim will not be entitled to lay claim to both benefits and part benefit from one scheme and part from another).
Exclusions : -
Perpetrators of the crime or their dependents will not be eligible for any compensation under the scheme.
Application Process : -
Step 1: A recommendation is made by the Court or an application is made by any victim or his dependent under sub-section (2) or (3) of section 357-A of the Cr.P.C. 1973 to the District Legal Services Authority.
Step 2: The District Legal Services Authority shall examine the claim and verify the contents of the same with regard to the loss or injury caused to the victim arising out of the reported criminal activity and shall also call for the medical report, FIR, and related records, copy of Final Form of the investigation or any other information necessary in order to determine the claim. Such information may relate to the loss caused to the victim, medical expenses to be incurred on treatment, and minimum sustenance amount required for rehabilitation including such incidental charges as funeral expenses.
Step 3: On being satisfied after due inquiry, the District Legal Services, Authority shall determine the quantum of compensation within two months, within the ceiling of compensation fixed in the Schedule: Provided that if the compensation awarded by the court exceeds the maximum limit, the amount of compensation so awarded shall be paid irrespective of maximum ceiling provided in the Schedule appended to this Scheme.
Documents Required : -
1. First Information Report (FIR) or Police Complaint: This document should contain details of the crime, including the date, time, place, and nature of the crime.
2. Medical Certificate: This certificate should be issued by a government doctor or a doctor from a recognized medical institution and should contain details of the injuries suffered by the victim.
3. Identity Proof: This can be any document that proves the identity of the victim, such as Aadhaar card, Voter ID card, Passport, Driving license, etc.
4. Address Proof: This can be any document that proves the current address of the victim, such as Aadhaar card, Voter ID card, Passport, Driving license, etc.
5. Any other Relevant Document: The victim can also submit any other relevant document that supports his/her claim for compensation, such as bills, receipts, etc.
NOTE: It is important to note that the documents submitted must be original or certified copies of the original documents. If the victim is unable to provide any of the above documents, the District Legal Services Authority (DLSA) may make reasonable efforts to obtain the required documents.
