The Meghalaya Victim Compensation Scheme, 2022 is a social welfare initiative introduced by the Social Welfare Department of the Government of Meghalaya. The scheme aims to provide financial assistance and support services—including shelter, counseling, medical aid, legal assistance, education, and vocational training—to victims and their dependents who have suffered loss or injury as a result of a crime. The compensation amount varies based on the type of loss or injury, the age of the victim, and the severity of the disability.
Benefits
The compensation varies based on the particulars of loss or injury. Key highlights include:
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Loss of Life:
- Age 40 or below: Compensation of ₹10,00,000
- Age above 40 up to 60: Compensation of ₹7,00,000
- Age above 60: Compensation of ₹5,00,000
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Sexual Offences:
- Gang Rape: Compensation between ₹5,00,000 and ₹10,00,000
- Rape: Compensation between ₹4,00,000 and ₹7,00,000
- Unnatural Sexual Assault: Compensation between ₹4,00,000 and ₹7,00,000
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Loss of Limb/Body Part:
- 80% or more permanent disability:
- Age 40 or below: ₹5,00,000
- Age 41 to 59: ₹3,00,000
- Age 60 and above: ₹2,00,000
- 40% to below 80% permanent disability:
- Age 40 or below: ₹4,00,000
- Age 41 to 59: ₹3,00,000
- Age 60 and above: ₹2,00,000
- Above 20% to below 40% permanent disability:
- Age 40 or below: ₹3,00,000
- Age 41 to 59: ₹2,00,000
- Age 60 and above: ₹1,00,000
- Below 20% permanent disability:
- Age 40 or below: ₹2,00,000
- Age 41 to 59: ₹1,50,000
- Age 60 and above: ₹1,00,000
- 80% or more permanent disability:
-
Other Specific Cases:
- Grievous physical or mental injury (rehabilitation required): Minimum ₹1,00,000 to Maximum ₹2,00,000
- Loss of Foetus/Miscarriage or loss of fertility due to assault: Minimum ₹2,00,000 to Maximum ₹3,00,000
- Pregnancy due to rape: Minimum ₹3,00,000 to Maximum ₹4,00,000
- Burning Injuries:
- Disfigurement: Minimum ₹7,00,000 to Maximum ₹8,00,000
- More than 50% injury: Minimum ₹5,00,000 to Maximum ₹8,00,000
- Less than 50% injury: Minimum ₹3,00,000 to Maximum ₹7,00,000
- Less than 20% injury: Minimum ₹2,00,000 to Maximum ₹3,00,000
- Acid Attack:
- Disfigurement of face: Minimum ₹7,00,000 to Maximum ₹8,00,000
- Injury more than 50%: Minimum ₹5,00,000 to Maximum ₹8,00,000
- Injury less than 50%: Minimum ₹3,00,000 to Maximum ₹5,00,000
- Injury less than 20%: Minimum ₹3,00,000 to Maximum ₹4,00,000
- Physical abuse of minor: ₹2,00,000
- Rehabilitation of victims of human trafficking: ₹1,00,000
- Sexual assault (excluding rape): ₹2,00,000
- Women victims of cross border firing:
- Dead or permanent disability (80%+): ₹2,00,000
- Partial disability (40% to 80%): ₹1,00,000
- Below 40% disability: ₹50,000
Eligibility Criteria
To be eligible for compensation under this scheme, the following conditions must be met:
- Reporting the Crime:
- The victim or claimant must report the crime to the officer-in-charge of the local police station or the appropriate Magistrate before applying for compensation.
- Cooperation with Investigation:
- The victim or claimant (or the family, in case of death) must fully cooperate with the police and prosecution throughout the investigation and trial process. Non-cooperation, hostility, or failure to appear in court may disqualify the claim.
- Nature of the Crime:
- The crime must have resulted in mental or bodily injury or death.
- No Prior Compensation:
- The victim should not have received compensation for the same loss or injury from any other government scheme, insurance, or institution.
- Exclusion of Perpetrators:
- Perpetrators of the crime or their dependents are not eligible for compensation.
- Disclosure Requirement:
- The victim must inform the authority about any other claims for compensation made under other schemes.
Note:
The victim may choose the more beneficial scheme if multiple schemes are available, but cannot claim combined benefits from different sources for the same loss.
Exclusions
- Perpetrators and their dependents are ineligible for any compensation under this scheme.
Application Process
Offline Process:
- Submission:
- A recommendation by the Court or an application by the victim (or their dependent, under sub-section (2) or (3) of section 357-A of Cr.P.C. 1973) must be submitted to the District Legal Services Authority (DLSA).
- Verification:
- The DLSA examines the claim, verifying loss or injury details by reviewing the medical report, FIR, investigation records, and any other pertinent documents related to the loss, medical expenses, and rehabilitation costs (including funeral expenses).
- Determination:
- Upon satisfaction of the claim, the DLSA determines the quantum of compensation within two months, subject to the maximum limits specified in the scheme.
- If a court-awarded compensation exceeds the scheme’s ceiling, the higher amount is paid.
Documents Required
- First Information Report (FIR)/Police Complaint:
Must detail the crime (date, time, place, nature). - Medical Certificate:
Issued by a government or recognized medical institution, detailing the victim’s injuries. - Identity Proof:
Documents such as Aadhaar, Voter ID, Passport, or Driving License. - Address Proof:
Documents such as Aadhaar, Voter ID, Passport, or Driving License. - Supporting Documents:
Any additional documents (bills, receipts, etc.) that substantiate the claim. - All documents must be original or certified copies.
If any required document is missing, the DLSA may attempt to obtain it through reasonable efforts.
Frequently Asked Questions (FAQs)
- What is the Meghalaya Victim Compensation Scheme, 2022?
It is a social welfare scheme providing financial and support services to victims and their dependents who suffer loss or injury due to a crime. - Who is eligible for compensation under this scheme?
The victim or their claimant who has sustained mental or bodily injury (or death) due to a crime, provided they meet the reporting, cooperation, and non-compensation criteria. - How much compensation can be provided?
The compensation ranges from a minimum of ₹1,00,000 to a maximum of ₹10,00,000 for loss of life, with other amounts specified for different injuries and disabilities. - What documents are required to apply for compensation?
FIR or police complaint, medical certificate, identity and address proofs, and any other supporting documents. - Is there a time limit for applying?
Yes, applicants must follow the guidelines provided by the DLSA; details on specific time limits can be obtained from the relevant authorities. - Who disburses the compensation amount?
The District Legal Services Authority (DLSA) is responsible for verifying claims and recommending the quantum of compensation. - Can a victim from outside Meghalaya apply?
The scheme is designed for victims within Meghalaya. - Is it mandatory to have a lawyer to apply?
Free legal aid is provided under the scheme; however, a lawyer is not mandatory for the application. - Can a victim who has already received compensation from another source still apply?
No, the victim must not have been compensated for the same loss/injury under any other scheme or by any other institution. - Is there provision for interim compensation?
Yes, interim compensation may be provided until the final compensation is determined. - Can a minor victim apply for compensation?
Yes, in cases where the victim is a minor, their legal guardian may apply. - Is compensation provided to the family of a deceased victim?
Yes, compensation is provided to the nominees or dependents of a deceased victim. - What about free legal aid and witness protection?
The scheme includes provisions for free legal aid, and witness protection measures may be available as per the scheme guidelines. - Can compensation be claimed if the accused has not been identified?
Yes, if the offender is not traced, the victim may apply for compensation under sub-section (4) of section 357-A of the Act. - How is the compensation distributed?
The compensation amount is determined by the DLSA based on the injury or loss criteria and disbursed according to the scheme’s provisions.