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This is an archive article published on December 29, 2014

Attack survivors say compensation too little, too late

Several victims said they did not receive compensation in time despite the order.

Survivors of acid attacks say the government compensation of Rs 3 lakh is too little to meet treatment costs and often comes too late.

Last year, the Supreme Court (SC) ordered state governments to pay survivors “at least Rs 3 lakh as aftercare and rehabilitation cost. But survivors say the figure pales in the face of actual cost incurred on corrective surgeries, which runs into lakhs of rupees. Moreover, the government compensation, they say, often comes late, delaying treatment. Most survivors often themselves bear the medical costs.

Ritu, a survivor, said her father spent over Rs 2 lakh on her treatment immediately after she was attacked. Then, the Red Cross Society helped pay her medical bills — Rs 6 lakh for four corrective surgeries. “Another Rs 3 lakh will be spent on an eye surgery, which is due next. My doctors estimate another Rs 8 lakh will be needed for the entire medical procedure,” she said.

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According to the SC order: “Rs 1 lakh shall be paid to such victim within 15 days of occurrence of such incident (or being brought to the notice of the state government/Union Territory) to facilitate immediate medical attention and expenses in this regard. The balance Rs 2 lakh shall be paid as expeditiously as may be possible and positively within two months thereafter.”

Several victims said they did not receive compensation in time despite the order. There are several reasons for this. Alok Dixit, founder of NGO Stop Acid Attacks, said most survivors are so grievously injured and in need of immediate medical attention that they and their families never have the time to consider applying for compensation, defeating the very purpose of the compensation provision. Secondly, rarely does the competent authority take cognizance of an acid attack case so as to release funds immediately for treatment.

Lawyers and activists say the police, who usually are the first to know of an acid attack case, should report the crime immediately to the competent authorities for timely release of compensation.

In fact, under the Delhi Victims Compensation Scheme, 2011, the Delhi Legal Services Authority may order immediate first-aid facility, medical help or other interim relief, as deemed appropriate, free of cost for the victim if certified by a police officer, not below the rank of officer-in-charge of a police station, or the magistrate of the area concerned. Victims claim the police almost never report the crime to the authorities.

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Moreover, the SC order states that all states and Union Territories “shall take necessary steps in getting this order translated into vernacular and publicise the same appropriately for the information of public at large”. But, NGOs say many victims are from socio-economically backward classes and not aware of the compensation scheme, who to approach to claim compensation and the protocol regarding the application process. Many cannot afford legal assistance either.

Human rights lawyer Lauv Kumar recently composed a draft application in a reader-friendly, fill-in-the-blanks format for survivors, wherein the victim or her kin have to fill in the name, FIR number and a few other details. Survivors can use it and apply for compensation on their own.

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