PARAMITA BERA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition arises out of a very unfortunate incident wherein the petitioner no.1 being the girl of 17 years and the petitioner no.2, her brother, being of 14 years old, were assaulted by way of an acid attack.

(2.) The claim in the present writ petition has now been limited to the claim for petitioner no.1 as the petitioner no.2 has been paid a sum of Rs.4,50,000.00 as per the existing Rules. It is the contention of the petitioners that as per the Apex Court judgements and the NALSA's Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018, a minimum compensation of Rupees 7 to 8 lacs is payable, with an additional 50% of the said amount, on account of the victim being a minor girl child.

(3.) This Court wishes to outline the various Supreme Court judgements to indicate the manner in which the Supreme Court has addressed the present issue. The Supreme Court in Laxmi Vs. Union of India and ors., reported in (2014) 4 SCC 427 held that the compensation mentioned in the scheme framed by different states was not uniform and in some states was inadequate. The Supreme Court had directed the States to frame their own rules and to ensure that compensation of a minimum of Rupees 3 lacs was paid to the victims. Subsequently, the Supreme Court in Parivartan Kendra Vs. Union of India and ors., reported in (2016) 3 SCC 571 considered the physical, economic, social, and psychological ramifications of being the victim of an acid attack. The relevant paragraph is delineated below :