MUHIM Vs. STATE OF U.P.

JUDGEMENT

(1.) The Joint Director, Medical Health and Family Welfare has filed a counter affidavit in response to the directions issued by this Court on 25 April 2016.

(2.) Two schemes have been formulated in the State of Uttar Pradesh in regard to the grant of compensation to victims of acid attack, namely; (i) Uttar Pradesh Victim Compensation Scheme (formulated in terms of the directions issued by the Supreme Court in Laxmi Vs Union of India: Criminal Misc. Writ Petition No. 129 of 2006 and under Section 357 -A of the Criminal Procedure Code, 1973). The scheme envisages a victims' compensation fund from which payment is made on the application of the victim or her/his dependent by the District Legal Services Authority. The quantum of compensation is governed by Schedule -I to the scheme where a maximum of Rs. 3 lacs is payable; and (ii) Uttar Pradesh Rani Laxmi Bai Mahila Samman Kosh Rules, 2015 which came into effect on 6 February 2015. The Rules have provided for the setting up of a fund for monetary and medical relief to acid attack survivors and the process of paying compensation has been specified in Rule 12. The Rules were modified on 30 September 2015 with retrospective effect.

(3.) The State Government has also issued a Government Order on 23 May 2014 to the effect that all acid attack victims should be provided free medical aid at the cost of the State exchequer. The State Government has proposed a twenty five bedded speciality ward in the Department of Plastic and Reconstructive Surgery at King George Medical College, Lucknow for which, a grant of Rs.559.41 lacs has been sanctioned. The counter affidavit specifically states that full treatment of all acid attack victims shall be carried out at the expense of the State exchequer. The second part of the counter affidavit which has been filed on behalf of the State deals with the actual payment of compensation to the victims who have been referred to in the writ petition. The submission of the State is that the compensation has been paid upon an assessment of injuries by a duly constituted Medical Board.