Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 2072

SUPREME COURT OF INDIA
MADAN B. LOKUR, DEEPAK GUPTA, JJ.
Nipun Saxena & Anr. - Petitioners
Versus
Union of India & Ors. - Respondents
Writ Petition(s)(Civil) No(s). 565 of 2012 With W.P.(C) No. 568 of 2012 (PIL-W)
Decided On : 11-05-2018

Advocates Appeared:
For the Petitioners:Ms. Indira Jaising, Sr. Adv. (A.C.), Ms. Sangeeta Madan, Adv., Mr. P.S. Tripathi, AOR, Ms. Vani Vyas, Adv., Mr. Mukesh Kumar Singh, Adv., Ms. Aanchal Singh, Adv., Mr. Ravi Chandra Prakash, Adv., Mr. Abhishek Tripathi, Adv., Ms. Ajita Sharma, Adv., Ms. Ankita Chaudhary, Adv., Mr. Nipun Saxena, Petitioner-in-person, Mr. Aditya P. Arora, Adv., Mr. Namit Saxena, Adv., Mr. Prashant Chaudhary, AOR, Mr. R.P. Gupta, AOR, Mr. E.C. Agrawala, AOR.
For the Respondents: Ms. Pinky Anand, ASG, Mr. Ashok Kumar Panda, Sr. Adv., Mr. Sachin Sharma, Adv., Ms. Sushma Verma, Adv., Mr. Raj Bahadur, Adv., Mrs. Anil Katiyar, Adv., Mr. S.A. Haseeb, Adv., Ms. Bhakti Pasrija Sethi, Adv., Mr. M.P. Gupta, Adv., Ms. Kirti Dua, Adv., Mr. B.V. Balaram Das, Adv., Mr. Ajay Kumar Singh, Adv., Mr. Shailinder Saini, Adv., Mr. R.K. Rathor, Adv., Ms. Rashmi Malhotra, Adv., Ms. Sunita Sharma, Adv., Mr. R.R. Rajesh, Adv., Ms. Saudamini Sharma, Adv., Mr. S. Wasim A. Qadri, Adv., Mr. Zaid Ali, Adv., Mr. Tamim Qadri, Adv., Mr. Saeed Qadri, Adv., Mr. G.S. Makker, Adv., Mr. Arun Kumar, Adv., Ms. Aishi Singh, Adv.
For the States of Assam : Mr. Debojit Borkakati, Adv., Ms. Diksha Rai, Adv., Mr. M. Balashivudu, Adv.
For the Andhra Pradesh : Mr. Guntur Prabhakar, Adv., Ms. Prerna Singh, Adv.
For the Bihar : Mr. Gopal Singh, AOR, Mr. Manish Kumar, Adv.
For the Chhattisgarh : Mr. Jugal Kishore Gilda, Adv. Gen., Mr. A.P. Mayee, Adv., Mr. Avnish M. Oza, Adv., Mr. Chirag Jain, Adv.
For the Goa : Mr. A.N.S. Nadkarni, ASG, Ms. Ruchira Gupta, Adv., Mr. Santosh Rebello, Adv., Mr. Anurag Sharma, Adv., Ms. Nivedita Nair, Adv.
For the Gujarat : Ms. Hemantika Wahi, AOR, Ms. Jesal Wahi, Adv., Ms. Mamta Singh, Adv., Ms. Shodhika Sharma, Adv.
For the Haryana : Mr. Sanjay Kumar Visen, Adv.
For the H.P. : Mr. Ajay Marwah, Adv., Mr. Mool Singh, Adv.
For the Jharkhand : Mr. Tapesh Kumar Singh, Adv., Mr. Mohd. Waquas, Adv., Mr. Aditya Pratap Singh, Adv.
For the J&K : Mr. M. Shoeb Alam, Adv., Ms. Fauzia Shakil, Adv., Mr. Ujjwal Singh, Adv., Mr. Mojahid Karim Khan, Adv.
For the Karnataka : Mr. V.N. Raghupathy, Adv., Mr. Parikshit P. Angadi, Adv.
For the Kerala : Mr. C.K. Sasi, Adv.
For the M.P. : Ms. Prachi Mishra, Adv., Mr. Arjun Garg, Adv., Ms. Pragya Garg, Adv.
For the Maharashtra : Mr. Nishant Ramakantrao Katneshwarkar, AOR.
For the Manipur : Mr. Leishangthem Roshmani, Adv., Ms. Maibam Babina, Adv.
For the Meghalaya : Mr. Ranjan Mukherjee, Adv., Mr. K.V. Kharlyngdoh, Adv., Mr. Daniel Stone Lyngdoh, Adv.
For the Mizoram : Mr. K.N. Madhusoodhanan, Adv., Mr. T.G. Narayanan Nair, AOR.
For the Nagaland : Ms. K. Enatoli Sema, AOR, Mr. Edward Belho, Adv., Mr. Amit Kumar Singh, Adv., Mr. K. Luikang Michael, Adv.
For the Punjab : Mr. Karan Bharihoke, Adv., Ms. Zahra Khan, Adv.
For the Rajasthan : Mr. Nalin Kohli, AAG, Mr. Ankit Roy, Adv., Mr. Indrajeet Singh, Adv., Ms. Nimisha Menon, Adv., Mr. Milind Kumar, Adv.
For the Sikkim : Ms. Aruna Mathur, Adv., Mr. Avneesh Arputham, Adv., Ms. Anuradha Arputham, Adv., Ms. Simran Jeet, Adv. for M/s Arputham Aruna & Co.
For the Tamil Nadu : Mr. M. Yogesh Kanna, Adv., Mrs. Sujatha Bagadhi, Adv.
For the Telangana : Mr. S. Udaya Kumar Sagar, AOR, Mr. Mrityunjai Singh, Adv.
For the Uttar Pradesh : Ms. Aishwarya Bhati, AAG, Mr. Aviral Saxena, Adv., Mr. Pradeep Misra, Adv.
For the Uttarakhand : Ms. Rachana Srivastva, Adv., Ms. Monika, Adv., Ms. Sudipta Sarkar, Adv.
For the West Bengal : Mr. Suhaan Mukerji, Adv., Mr. Vishal Prasad, Adv., Ms. Astha Sharma, Adv., Mr. Amjid Maqbool, Adv., Mr. Amit Verma, Adv., For PLR Chambers & Co.
For the A&N Islands : Mr. Bhupesh Narula, Adv., Mr. K.V. Jagdishvaran, Adv., Mrs. G. Indira, AOR.
For the Chandigarh : Ms. Kamakshi S. Mehlwal, Adv., Mr. Sanveer Mehlwal, Adv., Ms. Geetanjali Mehlwal, Adv.
For the Dadar & Nagar Haveli : Mr. A.K. Panda, Sr. Adv., Ms. Sushma Verma, Adv., Mr. R.R. Rajesh, Adv., Mr. Sachin Sharma, Adv., Mr. Amit Pratap Singh, Adv., Mr. Arun Kumar, Adv.
For the NCT of Delhi : Mr. Chirag M. Shroff, AOR.
For the Puducherry : Mr. V.G. Pragasam, Adv., Mr. Prabu Ramasubramanian, Adv., Mr. S. Manuraj, Adv., Mr. T.N. Rama Rao, Adv., Mr. Hitesh Kumar Sharma, Adv., Mr. T. Veera Reddy, Adv., Mr. Ardhendumauli Kumar Prasad, Adv., Ms. Taruna Ardhendumauli Prasad, Adv., Mr. Namit Saxena, Adv., Ms. Tajinder Virdi, Adv., Ms. Bina Madhavan, Adv. for M/s. Lawyer’s Knit & Co.

The court emphasized the importance of implementing the Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes – 2018 and the need for compliance with court orders by State Governments and Union Territory Administrations.

Headnote:
Compensation Scheme - Women Victims/Survivors of Sexual Assault/other Crimes - The court ordered the implementation of the Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes – 2018, and directed State Governments and Union Territory Administrations to file affidavits and implement the Scheme.
Fact of the Case:

The court ordered the implementation of the Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes – 2018 and directed State Governments and Union Territory Administrations to file affidavits within a specified period.
Finding of the Court:

The court found that several States/UTs had not filed affidavits as required, and after considering the Scheme prepared by NALSA, ordered its implementation by all State Governments and Union Territory Administrations.
Issues: Non-compliance with court orders by certain States/UTs, and the implementation of the Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes – 2018.
Ratio Decidendi: The court's decision was influenced by the non-compliance of certain States/UTs with court orders and the need to ensure the implementation of the Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes – 2018.
Final Decision: The court ordered the implementation of the Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes – 2018 and directed State Governments and Union Territory Administrations to file affidavits within a specified period.

ORDER :

1. Pursuant to orders passed by us from time to time, NALSA has framed the “Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes – 2018.

2. In this context the order passed by us on 15th February, 2018 was communicated by the Ministry of Women and Child Development of the Government of India to all the Principal Secretaries/Administrators of the States/Union Territories.

3. The order dated 15th February, 2018 reads as follows :

“In spite of all talks, discussions and intents expressed about gender justice and safety of women, we find that there are 24 States / UTs that have not even bothered to file an affidavit in terms of our order dated 09.01.2018.

On 09.01.2018, we had required all the State Governments / UTs to file an affidavit within a period of four weeks indicating the amount received by each State Government / UT under the Nirbhaya Fund towards victim compensation, the amount disbursed from the Nirbhaya Fund and even otherwise and to the number of victims of sexual assault.

This simple information could not be filed as mentioned above by following 24 States / UTs:

1. Andhra Pradesh

2. Arunachal Pradesh

3. Assam

4. Chhattisgarh

5. Goa

6. Haryana

7. Himachal Pradesh

8. Jammu & Kashmir

9. Kerala

10. Maharashtra

11. Manipur

12. Meghalaya

13. Mizoram

14. Rajasthan

15. Tamil Nadu

16. Telangana

17. Tripura

18. Uttar Pradesh

19. Uttarakhand

20. West Bengal

21. Dadra and Nagar Haveli

22. Daman and Diu

23. Delhi

24. Lakshadweep

The affidavits be now filed by these State Governments / UTs within four weeks from today, if they are at all interested in looking after the welfare of women in their States/Uts.

List the matters on 27.03.2018.

The Learned Amicus has finalized a draft of the Victim Compensation Scheme with the assistance of NALSA. It is stated that this will be put on the portal of NALSA for inviting suggestions and comments.”

4. Thereafter, on 9th March, 2018, NALSA put up a notice on its website which reads as follows :

“09.03.2018

State Legal Services Authorities

Ministries/Government Departments

Law Universities and NGOs.

Sub: Suggestions invited on the Model “Victim Compensation for Survivors of Sexual Assault and Acid Attach – 2018” reg.

Sir/Madam,

Whereas vide order dated 12.10.2017, Hon’ble Supreme Court of India had directed NALSA to set up a Committee for preparation of Model “Victim Compensation Scheme for Survivors of Sexual offences and Acid Attack”. The Committee formed by NALSA has now come with a Draft to be added in the State Victim Compensation Scheme titled “Victime Compensation for Survivors of Sexual Assault and Acid Attach – 2018”.

As per order dated 15.02.2018, NALSA is now uploading the Draft on its website so that suggestions can come from SLSAs, various Governments, NGOs and other stake holders.

Suggestions, if any, can be e-mailed to NALSA on nalsa-dla@nic.in in the next two weeks on or by 25.03.2018.

Yours faithfully,

Surinder S. Rathi”

5. We are informed that 14 responses from the State Legal Services Authorities were received to the notice of this Model Victim Compensation Scheme.

6. After all the objections were considered, a Committee comprising the following members was constituted for preparation of the Model Scheme. The members of the Committee are as follows :

“Ms. Pinky Anand

Additional Solicitor General

Shri Rakesh Srivastava

Secretary, Ministry of Women and Child

Development, Government of India

Shri T.V.S.N. Prasad, Adv.

Additional Secretary, Ministry of Home Affairs

Government of India

Ms. Indira Jaising

Senior Advocate, Supreme Court of India

Shri Alok Agarwal

Member Secretary, NALSA

Shri Surinder S. Rathi,

Director, NALSA

Ms. Anju Rathi Rana,

Joint Secretary,

Department of Legal Affairs,

Ministry of Law and Justice, Govt. of India

Shri K.L. Sharma,

Joint Secretary

National Commission for Women

Ms. Bharti Ali

Co-Director,

HAQ: Centre for Child Rights

7. We have gone through the Scheme prepared by NALSA with the assistance of learned amicus curiae and we are of the view that it contains the best practices of all

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Judicial Analysis

2018 Supreme(SC) 2072

SUPREME COURT OF INDIAMADAN B. LOKUR, DEEPAK GUPTA, JJ.Nipun Saxena & Anr. - PetitionersVersusUnion of India & Ors. - RespondentsWrit Petition(s)(Civil) No(s). 565 of 2012 With W.P.(C) No. 568 of 2012 (PIL-W)Decided On : 11-05-2018

The court emphasized the importance of implementing the Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes – 2018 and the need for compliance with court orders by State Governments and Union Territory Administrations.

Judicial Analysis

SUPREME COURT OF INDIA
MADAN B. LOKUR, DEEPAK GUPTA, JJ.
Nipun Saxena & Anr. - Petitioners
Versus
Union of India & Ors. - Respondents
Writ Petition(s)(Civil) No(s). 565 of 2012 With W.P.(C) No. 568 of 2012 (PIL-W)
Decided On : 11-05-2018