NALSA Compensation Scheme for Women Survivors of Sexual Violence: Turning Law into Real Access to Justice
NALSA Compensation Scheme for Women Survivors of Sexual Violence: Turning Law into Real Access to Justice
By Advocate Amarjeet Singh, Public Right Action (PRAN)- 22 Dec. 2025
Introduction: Why Compensation Is Central to Justice
For women survivors of sexual violence and other serious crimes, justice does not end with the registration of an FIR or even a court verdict. Medical costs, trauma care, loss of livelihood, social stigma, and long-term rehabilitation often remain unaddressed. In many cases, these burdens push survivors further into vulnerability.
Recognising this gap, the National Legal Services Authority (NALSA) framed the Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018. The Scheme is a critical legal instrument that treats compensation not as charity, but as a legal right flowing from the Constitution and criminal law.
At Public Right Action (PRAN), we view this Scheme as a key component of rights-based justice, particularly for women from marginalised and resource-poor backgrounds.
Constitutional and Legal Foundation
The Scheme was framed pursuant to directions of the Supreme Court in Nipun Saxena v. Union of India (2018), where the Court reaffirmed that:
Victim compensation is a State obligation
Survivors of sexual violence are entitled to dignity, privacy, and rehabilitation
Uniform minimum standards are necessary across States
The Scheme operationalises Section 357A of the Code of Criminal Procedure (CrPC), which mandates every State to establish a Victim Compensation Scheme.
Importantly, the NALSA Scheme provides a model framework, which States are expected to adopt or improve upon—not dilute.
Who Can Claim Compensation?
The Scheme applies to women victims/survivors of:
Rape and aggravated sexual assault
Gang rape
Acid attacks and attempted acid attacks
Sexual harassment and non-penetrative sexual assault
Trafficking and sexual exploitation
Domestic violence resulting in serious injury or death
No Conviction Required
A crucial aspect often misunderstood is that compensation does not depend on conviction. A survivor may be entitled to compensation even if:
The offender is unidentified or absconding
The trial is pending
The accused is acquitted, as long as harm is established
If the victim has died, dependents or legal heirs can apply.
Compensation Amounts Under the NALSA Scheme
The Scheme prescribes indicative minimum and maximum ranges. States may enhance these amounts, but should not go below the minimum prescribed.
Indicative Compensation Table
| Nature of Crime | Compensation Amount (₹) |
|---|---|
| Rape | ₹4,00,000 – ₹7,00,000 |
| Gang rape | ₹5,00,000 – ₹10,00,000 |
| Rape resulting in pregnancy | Up to ₹8,00,000 |
| Rape of a minor | Higher end of prescribed range |
| Acid attack (disfigurement) | ₹3,00,000 – ₹8,00,000 |
| Attempted acid attack | Up to ₹3,00,000 |
| Non-penetrative sexual assault | ₹1,00,000 – ₹3,00,000 |
| Trafficking / sexual exploitation | ₹1,00,000 – ₹5,00,000 |
| Death of victim | As determined for dependents |
📌 These figures should be treated as baseline entitlements, especially in cases involving long-term disability, mental health trauma, or loss of livelihood.
Interim Compensation: Immediate Relief Matters
One of the most survivor-friendly provisions of the Scheme is interim compensation, which can be awarded:
Immediately after FIR registration
During investigation
During trial
Interim compensation can be used for:
Emergency medical treatment
Psychological counselling
Temporary shelter and rehabilitation
Education and subsistence needs
For many survivors, this immediate support is essential for survival and recovery.
Role of Legal Services Authorities
The Scheme assigns a proactive role to:
District Legal Services Authorities (DLSAs)
State Legal Services Authorities (SLSAs)
Their responsibilities include:
Receiving applications or acting suo motu
Conducting summary enquiries
Coordinating with police, hospitals, and welfare departments
Ensuring timely disbursement of compensation
Police authorities are required to inform Legal Services Authorities of FIRs relating to sexual offences, reducing the burden on survivors to navigate the system alone.
Disbursement and Safeguards
Compensation is deposited directly into the survivor’s bank account
A portion may be placed in fixed deposits for long-term security
In cases involving minors, safeguards are applied to ensure funds are used solely for the survivor’s benefit
These measures attempt to balance autonomy, protection, and long-term rehabilitation.
Appeal and Accountability
If a survivor is dissatisfied with the amount awarded, she may file an appeal within 30 days.
Delays can be condoned liberally, recognising trauma, fear, and social barriers.
From a public accountability perspective, this appellate mechanism is critical to prevent arbitrary or inadequate awards.
Why This Scheme Matters: A Public Right Action Perspective
From PRAN’s work on justice, governance, and public accountability, the NALSA Compensation Scheme is significant because it:
Recognises survivors as rights-holders, not beneficiaries
Addresses the economic impact of gender-based violence
Expands the concept of justice beyond punishment
Strengthens legal aid institutions as instruments of social justice
However, lack of awareness, poor coordination, and weak monitoring often limit its impact. Civil society organisations, lawyers, and activists must actively invoke, monitor, and demand implementation of this Scheme.
Official Document for Reference
📄 NALSA – Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018
🔗 Full text (official PDF):
https://cdnbbsr.s3waas.gov.in/s32e45f93088c7db59767efef516b306aa/uploads/2025/04/202504081255775595.pdf
Conclusion: From Legal Text to Lived Justice
The NALSA Compensation Scheme represents an important move toward restorative and reparative justice for women survivors of violence. But laws achieve meaning only when they are used, demanded, and enforced.
At Public Right Action (PRAN), we believe that ensuring awareness and implementation of such schemes is essential to building a justice system that restores dignity, security, and agency—not just files and convictions.
Labels/Tags:
Women’s Rights, Victim Compensation, Sexual Violence Law, NALSA, Access to Justice, Gender Justice, Criminal Law India
#VictimCompensation #WomenRights #NALSA #AccessToJustice #GenderJustice #LegalAwareness