The Meghalaya Victim Compensation Scheme, 2022

The Meghalaya Victim Compensation Scheme, 2022 - Introduction

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

Particular of Loss or Injury: Loss of Life
Age Limit (if any): Age 40 years or below 40 years; Compensation (in ₹): 10,00,000/-
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/-
Particular of Loss or Injury: Loss of Life
Age Limit (if any): Age above 60 years; Compensation (in ₹): 5,00,000/-
Particular of Loss or Injury: Gang Rape
Age Limit (if any): NA; Compensation (in ₹): Minimum 5,00,000 and Maximum 10,00,000/-
Particular of Loss or Injury: Rape
Age Limit (if any): NA; Compensation (in ₹): Minimum 4,00,000 and Maximum 7,00,000/-
Particular of Loss or Injury: Unnatural Sexual Assault
Age Limit (if any): NA; Compensation (in ₹): Minimum 4,00,000 and Maximum 7,00,000/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
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/-
Particular of Loss or Injury: Physical abuse of minor
Age Limit (if any): NA; Compensation (in ₹): 2,00,000/-
Particular of Loss or Injury: Rehabilitation of victims of Human Trafficking
Age Limit (if any): NA; Compensation (in ₹): 1,00,000/-
Particular of Loss or Injury: Sexual assault (excluding rape)
Age Limit (if any): NA; Compensation (in ₹): 2,00,000/-
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/-
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/-
Particular of Loss or Injury: Women victim of cross border firing: Below 40%
Age Limit (if any): NA; Compensation (in ₹): 50,000/-

Eligibility

The applicant may apply for a grant of compensation under sub-section (4) of Section 357-A of the Code of Criminal Procedure (CrPC) if the offender is not traced or identified.
The applicant should require financial support for physical and mental rehabilitation resulting from the crime.
The applicant should report the crime to the officer-in-charge of the local police station or to the Magistrate having jurisdiction.
The applicant may also be eligible if the police have taken suo motu cognizance of the offense committed under their jurisdiction.
The applicant must fully cooperate with the police and prosecution authorities.
The applicant must cooperate from the stage of investigation until the conclusion of the trial.
The applicant must not turn hostile, refuse to depose, or fail to appear during the trial. Such actions will be treated as non-cooperation.
The applicant should be a victim of a crime that caused bodily injury, mental trauma, or death.

Note: 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 claim both benefits and part benefits from one scheme and part benefits from another.

Exclusions

The applicant shall not be eligible if the victim’s death or permanent incapacitation was due to suicide.
The applicant shall not be eligible if the injury or trauma was self-inflicted.
The applicant shall not be eligible if the injury, trauma, or death was a result of the victim’s own wrongdoing.
The applicant shall not be eligible if compensation has already been received for the same loss or injury.
The compensation may have been received from any scheme of the Central Government, State Government, insurance company, or any other institution.
The applicant shall not be eligible if they are the perpetrator of the crime.
The applicant shall not be eligible if they are a dependent of the perpetrator.

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 the 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.

Definitions

The loss or injury as defined in Column 2 of the Schedule appended to this Scheme.

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Guidelines