Section 8 in Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2019
8. Factors To Be Considered While Awarding Compensation.
- While Deciding a matter, the State Legal Services Authority/District Legal Services Authority may take into consideration the following factors relating to the loss or injury suffered by the victim:(1)Gravity of the offence and severity of mental or physical harm or injury suffered by the victim;(2)Expenditure incurred or likely to be incurred on the medical treatment for physical and/or mental health including counselling of the victim, funeral, travelling during investigation /Inquiry/trial(other than diet money);(3)Loss of educational opportunity as a consequence of the offence, including absence from school/ college due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason;(4)Loss of employment as a result of the offence, including absence from place of employment due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason;(5)The relationship of the victim to the offender, if any;(6)Whether the abuse was a single isolated incidence or whether the abuse took place over a period of time;(7)Whether victim became pregnant as a result of the offence, whether she had to undergo Medical Termination of Pregnancy (MTP)/ give birth to a child, including rehabilitation needs of such child.(8)Whether the victim contracted a sexually transmitted disease (STD) as a result of the offence;(9)Whether the victim contracted human immunodeficiency virus (HIV) as result of the offence;(10)Any disability suffered by the victim as a result of the offence;(11)Financial condition of the victim against whom the offence has been committed so as to determine her need for rehabilitation and reintegration needs of the victim.(12)In case of death the age of deceased, her monthly income, number of dependents, life expectancy, future promotional growth prospects etc.(13)Or any other factor which the SLSA/DLSA may consider just and sufficient.
