Poor Compensation Rate For Trafficking Survivors – Economics – Free PDF Download

CURRENT AFFAIR

• Based on the data of the NCRB, a non-profit organisation released a report on compensation  awarded to survivors of trafficking the country,  which highlighted the poor status of  compensation awarded during 2011- 2019.
• NCRB reports put the total number of cases of human trafficking at 35,983, but only 82 (0.2%)  victims were awarded compensation.

National Crime Record Bureau

• NCRB, headquartered in New Delhi, was set-up in 1986 under the Ministry of Home Affairs to  function as a repository of information on crime  and criminals so as to assist the investigators in  linking crime to the perpetrators.
• It was set up based on the recommendations of the National Police Commission (1977-1981) and  the MHA’s Task Force (1985).
• NCRB brings out the annual comprehensive statistics of crime across the country (‘Crime in  India’ report).

Key Points

• The report titled ‘UNCOMPENSATE VICTIMS’ was released by Sanjog, a technical resource  organisation that works to combat trafficking  and gender-based violence.
• Following the national outrage over the Nirbhaya gang-rape case (2012), the government had announced ₹1,000 crore fund to be used to combat sexual violence  against persons – children or adults.
• The amount of compensation to victims of trafficking varied from State to State, hence the Supreme Court  had directed the National Legal Services Authority  (NALSA) to frame a standardised victim compensation
• The study also reflects the number of trafficking survivors who applied for the victim compensation  scheme to their respective legal services authority.
• While 107 individuals applied under the scheme, in 102 cases between 2011 and 2019, courts directed the  authorities to release compensation.

National Legal Services Authority

• The National Legal Services Authority (NALSA) was constituted under the Legal Services  Authorities Act, 1987 which came into force on  9th November, 1995 to establish a nationwide  uniform network for providing free and  competent legal services to the weaker sections  of the society.
• The Chief Justice of India is the Patron-in-Chief and the second senior most Judge of Supreme  Court of India is the Executive Chairman of the
• Article 39 A of the Constitution provides for free legal aid to the poor and weaker sections of the society, to  promote justice on the basis of equal opportunity.  Article 14 and Article 22 (1), obligates State to ensure  equality before law.
• The role played by NALSA and its networks is very much relevant to achieving the Sustainable  Development Goal-16 , which seeks to “Promote  peaceful and inclusive societies for sustainable  development, provide access to justice for all and build  effective, accountable and inclusive institutions at all  levels”.

Compensation Scheme for Women  Victims/Survivors of Sexual

• The scheme proposes a uniform payment of Rs. 5 lakh to the maximum of Rs. 10 lakh to gang-rape  survivors in any part of the country.
• In the case of rape and unnatural sexual assault, the victim will get a minimum of Rs. 4 lakh and  the maximum of Rs. 7 lakh.
• The scheme also says that victim of acid attacks, in case of disfigurement of face, would get a  minimum compensation of Rs 7 lakh, while the  upper limit would be Rs 8 lakh.

Central Victim Compensation Fund scheme

• The Section 357-A of Code of Criminal Procedure (CrPC) has provisions to compensate victims who suffered because of a
• Section 357A: Every State Government in coordination with the Central Government shall prepare a scheme for providing  funds for the purpose of compensation to the victim of crime.
• The government introduced the Central Victim Compensation Fund (CVCF) scheme to enable support to victims of rape, acid  attacks, human trafficking and women killed or injured in the  cross border firing.
• It is also known as the Victim Compensation Scheme.
• So far 24 states and 7 UTs have formulated the Victim Compensation Scheme.

Nirbhaya Fund

• The Nirbhaya Fund Framework provides for a non-lapsable corpus fund for the safety and  security of women.
• It is administered by the Department of Economic Affairs (DEA) of the Ministry of Finance.
• It can be utilized for projects and initiatives related to women safety.
• Nirbhaya fund is being used in the Central Victim Compensation Fund (CVCF).

Reasons Behind the Low Rate of  Compensation

• Lack of awareness
• A lack of information provided to survivors on victim compensation.
• Low investment on part of legal aid
• Role of Legal Services Authorities: The study suggests grave inconsistencies on the part of  legal services authorities, which have provided  the data.

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