From August 21, victims of various crimes, including rape, will get the compensation awarded to them by the legal services authority within 24 hours, the Delhi High Court said on Wednesday and directed the city Government to ensure that the mechanism and funds were in place by then.
A Bench of justices Badar Durrez Ahmed and Siddharth Mridul also pulled up the Delhi Government for not having the Victim Compensation Fund (VCF) in place, though it was provided for under the Delhi Victim Compensation Scheme notified in 2011.
It also termed unacceptable and cumbersome the initial method suggested by the Delhi State legal Services Authority (DSlSA) and the city Government for disbursal of compensation during the interim period of three to six months for setting up the VCF.
Under the initial mode, till the VCF was set up, disbursal of compensation after being awarded would take ten days. The court also expressed its displeasure over the delay in setting up the VCF and directed that the fund be set up within three months from Wednesday.
“Unfortunately, VCF has not been established despite its notification two years ago. There is no explanation coming forth for the delay. It has been indicated that the process for creation of the fund would take three to six months. However, we have directed that it be set up in three months. The interim suggested methodology according to us is cumbersome and unacceptable,” the court said.
later in the day, Additional Secretary, Revenue appeared before the court and submitted an alternative mechanism which the court directed to be put into operation from August 21. Delhi Government’s standing counsel Zubeda Begum informed the Bench that under the alternative mechanism, the Government will periodically transfer funds to the DSlSA which will be kept in the VCF account.
The DSlSA will thereafter electronically transfer the amount of compensation to the victim within 24 hours of receiving the award handed down by the District legal Services Authority. “Transfer of funds in the first instance shall take place within one week from today. The method shall be in place from August 21. In other words, with effect from August 21, victims shall receive the funds within one day of communication of the award,” the court said.
The court, which had taken suo motu cognizance of the December 16 gang-rape, has been issuing a slew of directions on issues including women’s safety and compensation for victims.
During the day, it pulled up the Delhi Government and DSlSA for submitting a “wishy-washy” report and asked “why do bureaucrats have apathy towards the general public.” “We are told that setting up of the VCF will take three to six months. Is this how you deal with victimsIJ Why do bureaucrats have this apathy towards the general publicIJ This is pathetic. We fail to understand the delay in giving the compensation once the authority concerned awards itIJ”
“You just give it. Why do we get this wishy-washy reportIJ This is not acceptable. Call your concerned officials. We do not care where the funds are drawn from,” the court said.
Thereafter, a senior official from the Revenue Department of the city Government had appeared before the Bench in the post-lunch session and submitted an alternative proposal. The initial proposal was devised subsequent to a meeting between Divisional Commissioner of Delhi Government and DSlSA and other authorities concerned on August 7. The meeting was held pursuant to the High Court’s August 6 order directing them to sit together and work out the modalities for disbursal of compensation within 24 hours. According to the initial proposal submitted by DSlSA in its report, compensation disbursal would take ten days till VCF is set up. Thereafter, it will take only 24 hours.
The court, however, directed that the alternative methodology “be adopted straightaway” and put in place by August 21. During the proceedings, advocate Meera Bhatia, the amicus curiae in the matter, contended before the Bench that interim compensation paid to victims of crime, including rape, is very meagre in many cases and disproportionate to the offence.
Meanwhile, the court was informed by the Delhi Government that it had paid the compensation to 31 out of 33 people, who had been awarded the same in 2013, and also placed before the court the cheques of the remaining two. The court on August 6 had directed the Government to clear its backlog of cases in which compensation was awarded, but was not paid.