The Meghalaya Victim Compensation Scheme, 2022

Description
The Meghalaya Victim Compensation Scheme, 2022 is a social welfare scheme introduced by the Social Welfare Department, Govt. of Meghalaya. Under this scheme, financial assistance to the victim along with support services such as shelter, counseling, medical aid, legal assistance, education, and vocational training depend upon the needs of the victim. The scheme shall apply to the victims and their dependent s , or the member s of the family of the victim, who have suffered loss, or injury as the case may be, as a result of the crime and who require rehabilitation.

Exclusions
• The applicant shall not be eligible if the victim’s death or permanent incapacitation was due to suicide.
• The applicant shall not be eligible if the injury or trauma was self-inflicted.
• The applicant shall not be eligible if the injury, trauma, or death was a result of the victim’s own wrongdoing.
• The applicant shall not be eligible if compensation has already been received for the same loss or injury.
• The compensation may have been received from any scheme of the Central Government, State Government, insurance company, or any other institution.
• The applicant shall not be eligible if they are the perpetrator of the crime.
• The applicant shall not be eligible if they are a dependent of the perpetrator.

Definitions
Authority
"The District Legal Services Authority" and "The State Legal Services Authority" were constituted under Section 9 and Section 6 of the Legal Services Authorities Act, 1987, respectively.
(Source: https://meghalaya.gov.in/sites/default/files/schemes/POL_191_2004_Pt_I_780.pdf)

Victim
a man or a woman or girl child or male child who has suffered loss or injury caused by reason of the act or omission due to sexual harassment for which the accused person has been charged ,and the expression 'victim' includes, in case of death of the victim, the guardian or legal heir;
(Source: https://meghalaya.gov.in/sites/default/files/schemes/POL_191_2004_Pt_I_780.pdf)

Loss or Injury
the loss or injury as defined in Column 2 of the Schedule appended to this Scheme.
(Source: https://meghalaya.gov.in/sites/default/files/schemes/POL_191_2004_Pt_I_780.pdf)

Benefits
• 1. Particular of Loss or Injury: Loss of Life
• Age Limit (if any): Age 40 years or below 40 years; Compensation (in ₹): 10,00,000/-
• 2. Particular of Loss or Injury: Loss of Life
• Age Limit (if any): Age above 40 years and up to 60 years; Compensation (in ₹): 7,00,000/-
• 3. Particular of Loss or Injury: Loss of Life
• Age Limit (if any): Age above 60 years; Compensation (in ₹): 5,00,000/-
• 4. Particular of Loss or Injury: Gang Rape
• Age Limit (if any): NA; Compensation (in ₹): Minimum 5,00,000 and Maximum 10,00,000/-
• 5. Particular of Loss or Injury: Rape
• Age Limit (if any): NA; Compensation (in ₹): Minimum 4,00,000 and Maximum 7,00,000/-
• 6. Particular of Loss or Injury: Unnatural Sexual Assault
• Age Limit (if any): NA; Compensation (in ₹): Minimum 4,00,000 and Maximum 7,00,000/-
• 7. Particular of Loss or Injury: Loss of any Limb or part of body resulting in 80% permanent disability of above.
• Age Limit (if any): Age 40 years or below 40 years; Compensation (in ₹): 5,00,000/-
• 8. Particular of Loss or Injury: Loss of any Limb or part of body resulting in 80% permanent disability of above.
• Age Limit (if any): Age of 41 years and up to 59 years; Compensation (in ₹): 3,00,000/-
• 9. Particular of Loss or Injury: Loss of any Limb or part of body resulting in 80% permanent disability of above.
• Age Limit (if any): Age 60 years and above; Compensation (in ₹): 2,00,000/-
• 10. Particular of Loss or Injury: Loss of any Limb or part of body resulting in 40% and below 80% permanent disability
• Age Limit (if any): 40 years or below 40 years; Compensation (in ₹): 4,00,000/-
• 11. Particular of Loss or Injury: Loss of any Limb or part of body resulting in 40% and below 80% permanent disability
• Age Limit (if any): Age of 41 years and up to 59 years; Compensation (in ₹): 3,00,000/-
• 12. Particular of Loss or Injury: Loss of any Limb or part of body resulting in 40% and below 80% permanent disability
• Age Limit (if any): Age 60 years and above; Compensation (in ₹): 2,00,000/-
• 13. Particular of Loss or Injury: Loss of any Limb or part of body resulting in above 20% and below 40% permanent disability
• Age Limit (if any): Age 40 years or below 40 years; Compensation (in ₹): 3,00,000/-
• 14. Particular of Loss or Injury: Loss of any Limb or part of body resulting in above 20% and below 40% permanent disability
• Age Limit (if any): Age of 41 years and up to 59 years; Compensation (in ₹): 2,00,000/-
• 15. Particular of Loss or Injury: Loss of any Limb or part of body resulting in above 20% and below 40% permanent disability
• Age Limit (if any): Age 60 years and above; Compensation (in ₹): 1,00,000/-
• 16. Particular of Loss or Injury: Loss of any limb or part of body resulting in below 20% permanent disability.
• Age Limit (if any): Age 40 years or below 40 years; Compensation (in ₹): 2,00,000/-
• 17. Particular of Loss or Injury: Loss of any limb or part of body resulting in below 20% permanent disability.
• Age Limit (if any): Age of 41 years and up to 59 years; Compensation (in ₹): 1,50,000/-
• 18. Particular of Loss or Injury: Loss of any limb or part of body resulting in below 20% permanent disability.
• Age Limit (if any): Age 60 years and above; Compensation (in ₹): 1,00,000/-
• 19. Particular of Loss or Injury: Grievous physical injury or any mental injury requiring rehabilitation
• Age Limit (if any): NA; Compensation (in ₹): Minimum 1,00,000/- and Maximum 2,00,000/-
• 20. Particular of Loss or Injury: Loss of Foetus i.e., Miscarriage as a result of Assault or loss of fertility.
• Age Limit (if any): NA; Compensation (in ₹): Minimum 2,00,000/- and Maximum 3,00,000/-
• 21. Particular of Loss or Injury: In case of pregnancy on account of rape
• Age Limit (if any): NA; Compensation (in ₹): Minimum 3,00,000/- and Maximum 4,00,000/-
• 22. Particular of Loss or Injury: Victims of Burning: In case of disfigurement of case
• Age Limit (if any): NA; Compensation (in ₹): Minimum 7,00,000/- and Maximum 8,00,000/-
• 23. Particular of Loss or Injury: Victims of Burning: In case of more than 50%
• Age Limit (if any): NA; Compensation (in ₹): Minimum 5,00,000/- and Maximum 8,00,000/-
• 24. Particular of Loss or Injury: Victims of Burning: In case of injury less than 50%
• Age Limit (if any): NA; Compensation (in ₹): Minimum 3,00,000/- and Maximum 7,00,000/-
• 25. Particular of Loss or Injury: Victims of Burning: In case of less than 20%
• Age Limit (if any): NA; Compensation (in ₹): Minimum 2,00,000/- and Maximum 3,00,000/-
• 26. Particular of Loss or Injury: Victims of Acid Attack: In case of disfigurement of face.
• Age Limit (if any): NA; Compensation (in ₹): Minimum 7,00,000/- and Maximum 8,00,000/-
• 27. Particular of Loss or Injury: Victims of Acid Attack: In case of injury more than 50%
• Age Limit (if any): NA; Compensation (in ₹): Minimum 5,00,000/- and Maximum 8,00,000/-
• 28. Particular of Loss or Injury: Victims of Acid Attack: In case of injury less than 50%
• Age Limit (if any): NA; Compensation (in ₹): Minimum 3,00,000/- and Maximum 5,00,000/-
• 29. Particular of Loss or Injury: Victims of Acid Attack: In case of injury less than 20%
• Age Limit (if any): NA; Compensation (in ₹): Minimum 3,00,000/- and Maximum 4,00,000/-
• 30. Particular of Loss or Injury: Physical abuse of minor
• Age Limit (if any): NA; Compensation (in ₹): 2,00,000/-
• 31. Particular of Loss or Injury: Rehabilitation of victims of Human Trafficking
• Age Limit (if any): NA; Compensation (in ₹): 1,00,000/-
• 32. Particular of Loss or Injury: Sexual assault (excluding rape)
• Age Limit (if any): NA; Compensation (in ₹): 2,00,000/-
• 33. Particular of Loss or Injury: Women victim of cross border firing: Dead or permanent disability (80% or more)
• Age Limit (if any): NA; Compensation (in ₹): 2,00,000/-
• 34. Particular of Loss or Injury: Women victim of cross border firing: Partial disability (40% to 80%)
• Age Limit (if any): NA; Compensation (in ₹): 1,00,000/-
• 35. Particular of Loss or Injury: Women victim of cross border firing: Below 40%
• Age Limit (if any): NA; Compensation (in ₹): 50.000/-

Eligibility Criteria
1. The applicant may apply for a grant of compensation under sub-section (4) of Section 357-A of the Code of Criminal Procedure (CrPC) if the offender is not traced or identified.
2. The applicant should require financial support for physical and mental rehabilitation resulting from the crime.
3. The applicant should report the crime to the officer-in-charge of the local police station or to the Magistrate having jurisdiction.
4. The applicant may also be eligible if the police have taken suo motu cognizance of the offense committed under their jurisdiction.
5. The applicant must fully cooperate with the police and prosecution authorities.
6. The applicant must cooperate from the stage of investigation until the conclusion of the trial.
7. The applicant must not turn hostile, refuse to depose, or fail to appear during the trial. Such actions will be treated as non-cooperation.
8. The applicant should be a victim of a crime that caused bodily injury, mental trauma, or death.
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10. > **Note:** The victim shall inform the authority of the details of claims for compensation made under any other scheme or from any other source. The victim may exercise the option to choose another scheme of Government if the same is more beneficial to him. The victim will not be entitled to claim both benefits and part benefits from one scheme and part benefits from another.
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Application Process
Step 1: Step 1: A recommendation is made by the Court or an application is made by any victim or his dependent under sub-section (2) or (3) of section 357-A of the Cr.P.C. 1973 to the District Legal Services Authority.
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Step 1: A recommendation is made by the Court or an application is made by any victim or his dependent under sub-section (2) or (3) of section 357-A of the Cr.P.C. 1973 to the District Legal Services Authority.

Step 2: Step 2: The District Legal Services Authority shall examine the claim and verify the contents of the same with regard to the loss or injury caused to the victim arising out of the reported criminal activity and shall also call for the medical repo…
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Step 2: The District Legal Services Authority shall examine the claim and verify the contents of the same with regard to the loss or injury caused to the victim arising out of the reported criminal activity and shall also call for the medical report, FIR, and related records, copy of Final Form of the investigation or any other information necessary in order to determine the claim. Such information may relate to the loss caused to the victim, medical expenses to be incurred on treatment, and the minimum sustenance amount required for rehabilitation, including such incidental charges as funeral expenses.

Step 3: Step 3: On being satisfied after due inquiry, the District Legal Services, Authority shall determine the quantum of compensation within two months, within the ceiling of compensation fixed in the Schedule: Provided that if the compensation awarded…
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Step 3: On being satisfied after due inquiry, the District Legal Services, Authority shall determine the quantum of compensation within two months, within the ceiling of compensation fixed in the Schedule: Provided that if the compensation awarded by the court exceeds the maximum limit, the amount of compensation so awarded shall be paid irrespective of maximum ceiling provided in the Schedule appended to this Scheme.

Required Documents
• First Information Report (FIR) or Police Complaint: This document should contain details of the crime, including the date, time, place, and nature of the crime.
• Medical Certificate: This certificate should be issued by a government doctor or a doctor from a recognized medical institution and should contain details of the injuries suffered by the victim.
• Identity Proof: This can be any document that proves the identity of the victim, such as an Aadhaar card, Voter ID card, Passport, Driving license, etc.
• Address Proof: This can be any document that proves the current address of the victim, such as Aadhaar card, Voter ID card, Passport, Driving license, etc.
• Any other Relevant Document: The victim can also submit any other relevant document that supports his/her claim for compensation, such as bills, receipts, etc.

Frequently Asked Questions
Q: What Is The Meghalaya Victim Compensation Scheme, 2022?
A: Answer: The Meghalaya Victim Compensation Scheme, 2022 is a scheme introduced by the Government of Meghalaya to provide compensation to victims of various crimes.

Q: Who Is Eligible For Compensation Under This Scheme?
A: Answer: Any person who has suffered a loss or injury due to a crime, including rape, acid attack, murder, human trafficking, etc., is eligible for compensation under this scheme.

Q: How Much Compensation Can Be Provided Under This Scheme?
A: The compensation amount can vary depending on the severity of the crime and the extent of the loss or injury suffered by the victim. The compensation amount can range from Rs. 50,000 to Rs. 5,00,000.
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Q: What Documents Are Required To Apply For Compensation Under This Scheme?
A: The victim or his/her legal representative can apply for compensation under this scheme by submitting an application along with supporting documents such as FIR, medical certificate, and any other relevant documents.
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Q: Is There Any Time Limit To Apply For Compensation Under This Scheme?
A: Yes, the application for compensation must be submitted within one year from the date of the crime.
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Q: Who Will Be Responsible For Disbursing The Compensation Amount?
A: The District Legal Services Authority (DLSA) will be responsible for disbursing the compensation amount to the victim or his/her legal representative.
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Q: Can A Victim Of A Crime From Outside Meghalaya Apply For Compensation Under This Scheme?
A: No, only victims of crimes that have taken place within the jurisdiction of Meghalaya can apply for compensation under this scheme.
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Q: Is It Mandatory To Have A Lawyer To Apply For Compensation Under This Scheme?
A: No, it is not mandatory to have a lawyer to apply for compensation under this scheme. The victim or his/her legal representative can apply for compensation by themselves.
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Q: Can A Victim Of A Crime Who Has Already Received Compensation From Other Sources Still Apply For Compensation Under This Scheme?
A: Yes, a victim who has already received compensation from other sources can still apply for compensation under this scheme.
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Q: Is There Any Provision For Interim Compensation Under This Scheme?
A: Yes, the DLSA can provide interim compensation to the victim during the pendency of the case.
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Q: Is There Any Provision For Appeal Against The Decision Of The DLSA Regarding Compensation?
A: Yes, the victim or his/her legal representative can file an appeal before the High Court against the decision of the DLSA regarding compensation.
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Q: Can A Victim Of A Crime Who Is A Minor Apply For Compensation Under This Scheme?
A: Yes, a victim of a crime who is a minor can apply for compensation under this scheme through his/her legal guardian.
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Q: Is There Any Provision For Compensation To The Family Of A Victim Who Has Died Due To A Crime?
A: Yes, the family of a victim who has died due to a crime can also apply for compensation under this scheme.
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Q: Is There Any Provision For Compensation To The Victim's Dependents In Case Of Disability?
A: Yes, the victim&#39;s dependents can also apply for compensation in case of disability caused due to a crime.
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Q: Is There Any Provision For Free Legal Aid Under This Scheme?
A: Yes, the victim can avail of free legal aid provided by the DLSA.
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Q: Is There Any Provision For Witness Protection Under This Scheme?
A: Yes, the DLSA can provide witness protection to the victim and his/her witnesses.
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Q: Can A Victim Of A Crime Apply For Compensation If The Accused Has Not Been Identified Or Apprehended?
A: Yes, a victim of a crime can apply for compensation even if the accused has not been identified or apprehended.
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