JUDGEMENT
-
(1.) The Joint Director, Medical Health and Family Welfare has filed a counter
affidavit in response to the directions issued by this Court on 25 April
2016.
(2.) Two schemes have been formulated in the State of Uttar Pradesh in regard
to the grant of compensation to victims of acid attack, namely; (i) Uttar
Pradesh Victim Compensation Scheme (formulated in terms of the
directions issued by the Supreme Court in Laxmi Vs Union of India:
Criminal Misc. Writ Petition No. 129 of 2006 and under Section 357 -A
of the Criminal Procedure Code, 1973). The scheme envisages a victims'
compensation fund from which payment is made on the application of the
victim or her/his dependent by the District Legal Services Authority. The
quantum of compensation is governed by Schedule -I to the scheme where
a maximum of Rs. 3 lacs is payable; and (ii) Uttar Pradesh Rani Laxmi
Bai Mahila Samman Kosh Rules, 2015 which came into effect on 6
February 2015. The Rules have provided for the setting up of a fund for
monetary and medical relief to acid attack survivors and the process of
paying compensation has been specified in Rule 12. The Rules were
modified on 30 September 2015 with retrospective effect.
(3.) The State Government has also issued a Government Order on 23 May
2014 to the effect that all acid attack victims should be provided free medical aid at the cost of the State exchequer. The State Government has
proposed a twenty five bedded speciality ward in the Department of
Plastic and Reconstructive Surgery at King George Medical College,
Lucknow for which, a grant of Rs.559.41 lacs has been sanctioned. The
counter affidavit specifically states that full treatment of all acid attack
victims shall be carried out at the expense of the State exchequer. The
second part of the counter affidavit which has been filed on behalf of the
State deals with the actual payment of compensation to the victims who
have been referred to in the writ petition. The submission of the State is
that the compensation has been paid upon an assessment of injuries by a
duly constituted Medical Board.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.