KOCHI: What happens when someone loses his/her life due to violence committed by another person and leaves behind people who depended on the deceased for sustenance? In nearly all cases, the survivors who are unable to earn a livelihood due to various reasons are left at the mercy of fate. On September 15, TNIE reported the plight of three siblings who were orphaned after their father stabbed their mother to death before committing suicide.
Taking cognisance of their plight, the Ernakulam District Legal Services Authority (DLSA) decided to intervene and initiated steps to provide an interim compensation to the children under the Kerala Victim Compensation Scheme, 2017.
In another case, the family of a nine-year-old boy, who was stabbed to death by a drug addict neighbour, was compensated with Rs 6 lakh. The boy’s father hasn’t been able to eke out a living after he met with an accident and the mother is the sole breadwinner.
In another case of a 16-year-old who was raped by a person in collusion with her mother, the DLSA sanctioned a compensation of `6 lakh. According to Renjith Krishnan N, sub-judge and DLSA secretary, the authority has so far disbursed compensation worth `94,59,666. “The DLSA has compensated 39 victims between 2017 and 2022. However, not many know about the scheme and the benefits,” he said.
“As per the scheme, the minimum amount of compensation for death is `3 lakh. In the case of the three Kolenchery siblings, more than 25% can be now given as compensation and the remaining amount will be based on the recommendation of the trial court in its final judgment,” said Renjith.
“The Central government, by way of amendment to the Code of Criminal Procedure, 1973, has brought Section 357A. By that section, every state government in coordination with the Central government can prepare a scheme to provide funds for compensation to the victims or dependents who have suffered loss or injury as a result of the crime and who require rehabilitation,” he said.
“The compensation will be decided by the State Legal Services Authority (SLSA) or the DLSA based on the recommendation of the trial court,” he said. The state has the Kerala Victim Compensation Scheme, 2017. “There is a separate Victim Compensation Scheme for Women which was prepared by the National Legal Services Authority (NALSA) and accepted by the Supreme Court. The same was incorporated in the Kerala scheme 2017 through the amendment in 2021,” he added.
Explaining the scheme, Renjith said, “In case the offender is not traced or identified, the victims are identified and no trial has taken place, then the victims or dependents can file an application before the SLSA or DLSA seeking compensation.” On receipt of such a recommendation or application, the SLSA or DLSA shall award adequate compensation after due enquiry within two months.