AI Overview...
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Nipun Saxena - The Supreme Court's directions in Nipun Saxena v. Union of India are broadly applicable to cases involving sexual harassment and abuse, emphasizing careful handling of victims' identities and media portrayal Kedarnath Mahapatra, S/o. N. Ch. Mahapatra VS Union of India - Telangana.
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Implementation of Model Scheme - The Court accepted a model scheme for victim compensation, directing all State Governments and Union Territories to implement it. The scheme is gender-neutral and applies to all children, with specific provisions for minors and adults under the POCSO Act Achiya Bibi Alias Achiya Sardar VS State Of West Bengal - Calcutta, State of Chhattisgarh VS Budharu Ram Meravi - Crimes.
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Compensation Guidelines - The Supreme Court mandated that special courts under the POCSO Act should grant compensation to victims as per the NALSA Compensation Scheme, which was established following the directives in Nipun Saxena. The scheme serves as a guideline until specific rules or amendments are made by the respective authorities State of Chhattisgarh VS Budharu Ram Meravi - Crimes, STATE OF CHHATTISGARH, THROUGH DISTRICT MAGISTRATE VS BUDHARU RAM MERAVI - Chhattisgarh, Mother Minor Victim No 1 & 2 VS State - Delhi.
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Legal and Policy Developments - The Court recognized the absence of a dedicated victim compensation scheme under the POCSO Act in certain states like Kerala, urging the formulation of such schemes. The directions in Nipun Saxena have influenced amendments and policies, including the Bihar Victim Compensation Scheme, aligning with the Supreme Court's directions Kerala State Legal Services Authority VS State Of Kerala - Kerala, KERALA STATE LEGAL SERVICES AUTHORITY vs STATE OF KERALA - Kerala.
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Role of NALSA Scheme - The NALSA Scheme, established following Nipun Saxena, is to be applied as a guideline by courts for awarding compensation until state-specific rules are enacted. It is applicable to all children, reinforcing the gender-neutral nature of the legislation Mst X VS State - Delhi, Mother Minor Victim No. 1 & 2 vs State - Delhi.
Analysis and Conclusion:
The Nipun Saxena judgment is a landmark case that established the framework for victim compensation in cases of sexual abuse, particularly under the POCSO Act. Its directives mandate the adoption of a gender-neutral, scheme-based approach for compensating victims, which courts and states are expected to implement until specific rules are formulated. The case underscores the importance of sensitive handling of victims' identities and media portrayal, and has significantly influenced victim compensation policies across various states in India.
Search Results for "Nipun Saxena is Applicable"
2020 0 Supreme(Telangana) 71 • India - Telangana
P.NAVEEN RAO
The directions of the Supreme Court in Nipun Saxena are equally applicable to establishments when they deal with sexual harassment. The respondent-school management is warned to be careful in future whenever such incidents take place and not to disclose the name of the child and the parents. ... Disturbed by the manner in which victim of sexual abuse is treated by media and so called elders of the society in Nipun Saxena, Supreme Court observed as under and issued directions. “4. ... It may be open to t....
2020 0 Supreme(Cal) 179 • India - Calcutta
SABYASACHI BHATTACHARYYA
(C) No. 565 of 2012 [Nipun Saxena v. Union of India]. The said model was accepted by the Supreme Court, which directed all the State Governments/Union Territory Administrations to implement the same in their respective States/Union Territories. ... Since the victims in both the writ petitions were major when the compensation was awarded, sub-clause (5), which pertains to minors, is not applicable. 20. ... The reliance placed by the respondent authorities on Rule 6 of the NLSA Rules, 1995 is misplaced, since the same discusses the powers ....
• India - Crimes
SANJAY K.AGRAWAL
. – Legislation is gender neutral and Guidelines will be applicable to all children – Award of compensation to the extent of Rs.1,00,000 ... Thereafter, in the matter of Nipun Saxena v. ... However, I hope and trust, the Special Courts dealing with offences under the POCSO Act will grant compensation to the rape victim as per NALSA Compensation Scheme as directed by the Hon’ble Supreme Court in Nipun Saxena (supra). 12. ... We need not emphasise that the legislation is gender neutral and, therefore, the....
2019 0 Supreme(Chh) 73 • India - Chhattisgarh
SANJAY K.AGRAWAL
Thereafter, in the matter of Nipun Saxena v. ... However, I hope and trust, the Special Courts dealing with offences under the POCSO Act will grant compensation to the rape victim as per NALSA Compensation Scheme as directed by the Hon'ble Supreme Court in Nipun Saxena (supra). ... 12. ... We need not emphasise that the legislation is gender neutral and, therefore, the Guidelines will be applicable to all children. ... 12. ... As such with effect from 02.10.2018, for the rape victim, NALSA Compensation ....
2023 0 Supreme(Ker) 573 • India - Kerala
KAUSER EDAPPAGATH
the POCSO Act or make necessary amendments to the existing Kerala Victim Compensation Scheme, incorporating a separate schedule applicable ... The Apex Court in Nipun Saxena and Another v. ... Recognising the absence of victim compensation scheme with regard to the victims of sexual abuse under the provisions of the POCSO Act, the Apex Court in Nipun Saxena and Another v. ... Despite the directions of the Apex Court in Nipun Saxena(supra) and of this court in Abhishe....
2021 0 Supreme(Del) 2150 • India - Delhi
ANUP JAIRAM BHAMBHANI
Nipun Saxena vs. ... It is contended that this is in accord with the decision of the Hon'ble Supreme Court in Nipun Saxena & Anr. Vs. ... Also in Nipun Saxena (supra) the Hon'ble Supreme Court has specifically said that the NALSA Scheme would apply only until rules/guidelines are framed in that behalf by a State/Central Government. ... The guidelines will be. applicable to all children as the legislation is gender neutral. ... The guidelines will be. app....
2020 0 Supreme(Del) 642 • India - Delhi
VIBHU BAKHRU
It is relevant to note that NALSA had set up a committee to prepare model rules for compensation to victims of sexual offences and acid attacks, pursuant to an order passed by the Supreme Court in Nipun Saxena (supra). ... of the order dated 05.09.2018 passed by the Supreme Court in Nipun Saxena (supra), the aforementioned Scheme is required to be considered as guidelines by the Special Judge while awarding compensation to victims under the POCSO Act. ... In Nipun Saxena and Anr. v. Un....
2024 0 Supreme(Pat) 516 • India - Patna
ASHUTOSH KUMAR, JITENDRA KUMAR
It is also relevant to refer to Nipun Saxena and Ors. vs. ... In 2019, the Bihar Victim Compensation Scheme was further amended in view of direction of Hon’ble Apex Court in Civil Writ No. 565/2012 titled “Nipun Saxena and Ors. vs. Union of Indian and Ors.” ... Hence, Central Government has made no change in the provisions regrading compensation to the victims under the POCSO Act subsequent to the Nipun Saxena case (supra), nor State Government of Bihar has made any specific scheme for....
• India - Delhi High Court
VIBHU BAKHRU
It is relevant to note that NALSA had set up a committee to prepare model rules for compensation to victims of sexual offences and acid attacks, pursuant to an order passed by the Supreme Court in Nipun Saxena (supra). ... of the order dated 05.09.2018 passed by the Supreme Court in Nipun Saxena (supra), the aforementioned Scheme is required to be considered as guidelines by the Special Judge while awarding compensation to victims under the POCSO Act. ... In Nipun Saxena and Anr. v. Un....
2023 Supreme(Online)(Ker) 60096 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
The Apex Court in Nipun Saxena and Another v. ... Recognising the absence of victim compensation scheme with regard to the victims of sexual abuse under the provisions of the POCSO Act, the Apex Court in Nipun Saxena and Another v. ... Despite the directions of the Apex Court in Nipun Saxena (supra) and of this court in Abhishek (supra), so far, no compensation scheme specifically for child victims in POCSO cases has been framed in the State of Kerala. ... Till the framing of such a c....
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