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Government Support: India
Government Assistance to Victims
The Government has formulated a Central Scheme titled Central Scheme for assistance to civilian victims/family of victims of terrorist, communal and naxal violence which is being implemented with effect from 1.4.2008. The broad aim of the Scheme is to assist families of victims of Terrorist, Communal and Naxal violence. An amount of Rs. 3.00 lakh (US$ 5000) is given to the affected family under the scheme, for each death in a family in a particular incident. However, if any number of a family dies or is/are permanently incapacitated in separate incidents/occasion, the family would be entitled to get assistance on each occasion. Initially, the financial assistance of Rs. 5 lakh is kept in a bank for a lock in period of 3 years. The interest on the sum are credited directly in the savings account of the beneficiary on quarterly basis. At the end of lock in period, the principal amount of Rs. 3 lakh is transferred to the saving bank account of the beneficiary. In Addition to the Central Assistance of Rs. 3 lakh ($5000), concerned State Governments are also providing financial assistance varying between Rs. 1 lakh ($1670) to Rs. 3 lakh ($5000).
In addition to the financial assistance, those permanent incapacitated and members of the family of the victims killed are entitled to a health card given by the District Health Society under the National Rural Health Mission. This would entitle the card holders to free medical treatment in respect of injuries and all other major illness caused due to violence.
Medical care is also provided to the beneficiaries of the Scheme as a special case under the on-going scheme of the Ministry of Health and Family Welfare, viz., Rashtriya Arogya Nidhi (RAN). The RAN scheme provides for financial assistance to patients, who are living below the poverty line and are suffering from life threatening diseases, to receive medical treatment at any of the super specialty hospitals/institutes or other Government hospitals. The financial assistance to such patients is released in the form of “one time grant” to the Medical Superintendant of the hospital in which the treatment is being received.
Further, for the educational needs of the children of the victims, the victims families are entitled to assistance under the project “Assist” implemented by the National Foundation for Communal Harmony. The scheme provides for financial assistance to the children rendered orphan or destitute. The assistance is provided for their care, education and training to enable them to become a respectable and responsible citizen as well as to reign them in the mainstream of the nation.
Compensation to the kin of persons killed due to terrorism
The Government of India has undertaken a Welfare Scheme under which one seat each in the medical colleges (Safdarjung Medical College & Hospital in New Delhi and Jawahar Lal Medical College & Hospital at Raipur in Chhattisgarh) is kept reserved for the kin of the victims from terrorism under a well defined and transparent process. Instant aid to the victims of terrorism on the spot The State initiates immediate action to transfer the injured persons to nearby hospitals to provide medical aid and borne all the costs of treatment. Some immediate relief in the form of cash compensation is provided by the Government to the victims to help the family to recover.
Instant aid to the victims of terrorism on the spot
The State initiates immediate action to transfer the injured persons to nearby hospitals to provide medical aid and borne all the costs of treatment. Some immediate relief in the form of cash compensation is provided by the Government to the victims to help the family to recover.
Legal Resources available to Victims
(i) The Code of Criminal Procedure Act has been amended in the year 2009 which includes:
- Victims compensation scheme which provides that every State Government in collaboration with the Central Government shall prepare a scheme for providing fund for the purpose of compensation to the victims or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
- Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme.
- If the trial Court, at the conclusion of the trial is satisfied that the compensation awarded is not adequate for such rehabilitation, or wherever the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.
- Where the offender is not traced or identified, but the victim is identified and where no trial takes place, the victims or his dependent may make an application to the State or the District Legal Services Authority for award of compensation.
- On receipt of such recommendations or on the application, the State or the District Legal Services Authorities shall, after due enquiry award adequate compensation by completing the enquiry within two months.
- The State or the District Legal Service Authority, as the case may be, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of officers in charge of the police station or a Magistrate of the are concerned or any other interim relief as the appropriate authority deems fit.
- The victims shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposition inadequate compensation, and such appeal shall be made to the Court to which an appeal ordinarily lies against the order of conviction of such Court.
Collaboration with other Organisations
India has participated in the workshop organized by the United Nations Office on Drugs & Crimes (UNODC) on “Promoting and Strengthening International Cooperation relating to the protection and support of victims of act of terrorism” held on 17-19 December, 2013 in Abu Dhabi.