Recently, the NCRB (National Crime Records Bureau) data detailed a significant issue in India; the inadequate compensation awarded to survivors of human trafficking. A non-profit organization published a report on this highlighting the disparity between the number of reported cases and the number that received compensation. Between 2011-2019, out of a staggering 35,983 trafficking cases, only 82 victims (0.2%) were awarded compensation.
The ‘UNCOMPENSATE VICTIMS’ Report
The report, titled ‘UNCOMPENSATE VICTIMS’, was released by Sanjog, a technical resource organisation focused on combating trafficking and gender-based violence in the country.
Following the national outcry of the infamous Nirbhaya gang-rape case in 2012, the government announced a fund of ₹1,000 crore intended to tackle sexual violence against children and adults. However, the compensation awarded to victims of trafficking has varied from state to state. This led to the Supreme Court directing the National Legal Services Authority (NALSA) to create a standardised victim compensation scheme.
Applying for Compensation
The report also includes the number of trafficking survivors who applied for the victim compensation scheme through their respective legal services authority. A total of 107 individuals applied under the scheme, and in 102 cases between 2011 and 2019, courts ordered the release of compensation.
Reasons behind the Low Compensation Rates
Some key reasons behind the low compensation rates include lack of awareness, diminished legal aid investments, inconsistencies in legal services authorities, and complex agency involvement. Trafficking survivors must be informed and need to have a private lawyer to assist in filing an application for compensation.
Central Victim Compensation Fund Scheme
Section 357-A of the Code of Criminal Procedure (CrPC) contains provisions to compensate victims who suffered due to a crime. This led to the introduction of the Central Victim Compensation Fund (CVCF) scheme, aimed at supporting victims of rape, acid attacks, human trafficking and women affected by cross-border conflict.
Victim Compensation Scheme
Referred to as the Victim Compensation Scheme, it compensates civilian victims of cross-border shootings, shelling or IED explosions, terrorism and Maoist violence. Till date, 24 states and 7 union territories have developed their Victim Compensation Scheme.
Nirbhaya Fund
The Nirbhaya Fund Framework is a non-lapsable corpus fund dedicated to the safety and security of women in India. Administered by the Department of Economic Affairs (DEA) of the Ministry of Finance, it is intended for projects related to women’s safety. Part of this fund is used towards the Central Victim Compensation Fund.
