The Meghalaya Victim Compensation Scheme, 2022

What is the Meghalaya Victim Compensation Scheme, 2022?

The Meghalaya Victim Compensation Scheme, 2022 is a state scheme notified by the Home (Political) Department, Government of Meghalaya, on 16 December 2022 under Notification No. POL.191/2004/Pt-I/780. It was issued by the Governor of Meghalaya in exercise of powers under Section 357-A of the Code of Criminal Procedure, 1973, and it modified the earlier Meghalaya Victim Compensation Scheme, 2019 to bring it in line with the Central Victim Compensation Fund guidelines of the Ministry of Home Affairs.

Under clause 2 of the notification, the scheme aims at providing financial assistance to the victim, and support services such as shelter, counselling, medical aid, legal assistance, education and vocational training depending on the needs of the victim. It applies to victims and their dependants who have suffered loss or injury as a result of a crime and who require rehabilitation.

The scheme extends to the whole of the State of Meghalaya and came into force at once on notification. Clause 19 repealed the Meghalaya Victim Compensation Scheme, 2019, while saving everything already done under it.

Who runs it. The money sits in a Victim Compensation Fund operated by the Member Secretary of the Meghalaya State Legal Services Authority. Clause 11 gives the District Legal Services Authority (DLSA) in every district exclusive jurisdiction to deal with compensation applications.

Who is eligible under the Meghalaya Victim Compensation Scheme, 2022?

You are covered if:

• You are a victim of a crime in Meghalaya who has suffered mental or bodily injury or death, or you are a dependant or family member of a victim who died, as set out in clause 3.
• The court has ordered compensation in your case, or you apply directly to the DLSA under sub-sections (2), (3) or (4) of Section 357-A.
• You reported the crime to the officer-in-charge of the local police station or to the Magistrate having jurisdiction before making the claim, or the police took suo motu cognisance.
• You have cooperated fully with the police and the prosecution from investigation until the conclusion of trial.
• The offender was not traced or identified, clause 6(ii)(a) expressly permits a claim in this situation to meet the cost of physical and mental rehabilitation.

You cannot apply, or are not eligible, if:

• You are a perpetrator of the crime, or a dependant of the perpetrator. Clause 6(ii)(g) excludes them outright.
• The death or permanent incapacitation was the result of suicide, self-infliction of bodily or mental injury, or the victim's own wrongdoing.
• You have already been compensated for the same loss or injury under another central or state government scheme, by an insurance company, or by any other institution. You may choose whichever scheme is more beneficial, but you cannot take part benefit from one and part from another.
• The case is a Motor Vehicles Act, 1988 case in which compensation is to be awarded by the Motor Accident Claims Tribunal. Clause 9(iv) excludes these.
• You turned hostile, refused to depose, or failed to appear during trial: clause 6(ii)(c) treats this as non-cooperation.
• A family member has been given compensatory employment on account of the crime. Clause 9(vi) then bars assistance to the dependant, though money already released is not withdrawn.

How much compensation does the scheme pay?

Schedule I of the notification fixes the ceilings. These are the headline figures:

Two important multipliers sit in the Schedule. Where the victim is less than 14 years of age, the compensation is increased by 50 per cent over the specified amount. And funeral and medical expenses are payable in addition to the compensation figure, not inside it.

The Schedule explanation records that the amounts follow NALSA's Compensation Scheme for Women Victims and Survivors of Sexual Assault and other Crimes, 2018, with entries 14 to 19 carried forward from the Meghalaya Victim Compensation Scheme, 2019.

How to apply for compensation under the Meghalaya Victim Compensation Scheme

1. Report the crime first. Clause 6(ii)(b) requires the victim or claimant to report the offence to the officer-in-charge of the local police station or to the Magistrate having jurisdiction before a claim is made. Keep the FIR copy.
2. Prepare the claim. Gather the FIR, medical or injury report, death certificate where applicable, proof of the victim's age, medical bills and vouchers, and bank account details.
3. Apply to the District Legal Services Authority of the district where the offence was committed, under sub-section (2), (3) or (4) of Section 357-A of the Code of Criminal Procedure, 1973. Alternatively, a court trying the case can make a recommendation for compensation on its own.
4. Give the undertaking required by clause 8 — that if the trial court later orders the accused to pay compensation under Section 357(3), you will remit an amount equal to the compensation received or the amount ordered, whichever is less. Disbursement will not happen without it.
5. Cooperate with the inquiry. The DLSA examines the claim, verifies the loss or injury, and calls for the medical report, FIR, final form of investigation and any other records needed.
6. Receive the award within two months. Under clause 7(i), the DLSA determines the quantum of compensation within two months of being satisfied after due inquiry, within the ceiling fixed in the Schedule.
7. Collect payment. Compensation is deposited in a nationalised or scheduled commercial bank or a post office, in the joint or single name of the victim or dependants, and paid by account payee cheque or electronic transfer.

When is the money actually paid?

Clause 12(ii) splits the award into two phases. The first half may be paid at any time during the inquiry or investigation, or before the trial commences, and the balance on conclusion of the trial.

Acid attack victims are treated separately and faster. Out of the compensation awarded, Rs 1 lakh must be paid within 15 days of the date of occurrence of the incident, and the balance of Rs 2 lakh as expeditiously as possible and positively within two months thereafter.

The MSLSA or DLSA may also order immediate first aid or free medical treatment for the victim on the certificate of the officer-in-charge of the police station or the Magistrate of the area, under clause 9(v). This is separate from the cash award and does not wait for the inquiry to finish.

Why victim compensation claims get rejected or reduced

• No FIR or no report to the Magistrate before the claim was made.
• Non-cooperation: turning hostile, refusing to depose, or not appearing during trial.
• Claim filed after three years from the offence or the conclusion of trial, with no application for condonation of delay.
• Compensation already received from insurance, ex-gratia or another state scheme for the same crime. Clause 9(iii) treats such receipts as part of the compensation, and only the balance is paid from the Fund.
• Motor Vehicles Act case falling to the Motor Accident Claims Tribunal.
• Claim by the perpetrator or a dependant of the perpetrator.

Note that the ceiling in the Schedule binds the DLSA, but not the court. The proviso to clause 7(i) says that if the compensation awarded by the court exceeds the maximum limit, that amount shall be paid irrespective of the maximum ceiling in the Schedule.

How to appeal a rejection

Under clause 18, a victim aggrieved by an order of denial of compensation by the District Legal Services Authority may file an appeal before the Meghalaya State Legal Services Authority within 30 days. The 30 days may be counted from the date the order is received by the concerned Legal Services Authority, and the SLSA can condone delay if satisfied and for reasons recorded in writing.

The State Legal Services Authority may also, in proper cases, institute proceedings before a competent court to recover the compensation granted from the person responsible for the crime, under clause 16. Anything recovered goes back into the Meghalaya Victim Compensation Fund.

Help and where to go

• District Legal Services Authority of your district, headed by the District and Sessions Judge as Chairperson. The exclusive forum for compensation applications.
• Meghalaya State Legal Services Authority, Shillong, operates the Victim Compensation Fund through its Member Secretary, and hears appeals.
• Home (Political) Department, Government of Meghalaya, the department that notified the scheme.

Legal services authorities provide free legal aid, so applying for victim compensation costs nothing. The DLSA is also mandated under clause 11(iii) to recommend psychological, medical, educational and legal assistance, to arrange counselling, and to arrange shelter for the affected person for as long as required.