Keywords: Acid attack victim, NALSA Compensation scheme, Feminist root.
The Calcutta High Court has observed that the state is missing its progressive feminist root, while deciding a case on acid attack which inflicts the outdated compensation provision for the victims of acid attack given under NALSA compensation scheme. The judgment delivered by Justice Shekhar Saraf reiterated the thoughts of one of the prominent freedom fighters named Gopal Krishna Gokhale, who once said that “what Bengal thinks today, India thinks tomorrow”. The urged the state government to enlighten and enrich the feminist history of Bengal.
The court has given some observations while dealing with a case filed to get compensation in the minor acid attack under the National Legal Services Authority (NALSA) Compensation Scheme for Women Victims/other crimes, 2018. This scheme provides a minimum compensation of 7 lakhs and a maximum of 8 lakhs for acid attack victims. Moreover, it provides additional compensation of 50% of the minimum amount if the victim is a minor. Furthermore, the court stated that the Supreme Court in 2018 had ordered that all states are complied to follow the best practices stipulated under NALSA compensation scheme. However, the Bengal government is yet remaining to comply the said order of the higher court in the case of Nipun Saxena v. Union of India and failed to amend its own compensation scheme with reference to NALSA’s compensation scheme for women victims.
Therefore, the court ordered the state government to immediately take actions in compliance with the apex court precedent and enact a scheme within eight weeks. In addition, the court ordered the state to pay Rs. 7 lakhs as compensation to the petitioner and an additional amount of Rs. 3.50 lakhs as prescribed under NALSA scheme.
Name- Aayushi Arun Satyadeo , College Name- Bharati Vidyapeeth University, New Law College, Pune., Sem- IIIrd, an intern under Legal Vidya
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