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Rehabilitation, My Right & Need-assessment

We are happy to share the Report of our Program "Rehabilitation, My Right”. Very few of us are aware about the Rights we have as the citizen of India. “In Article 21 the Constitution of India 1949 says Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law”. And as a part of that The Hon. Supreme Court has directed Central Government and State Governments to Compensate victims of different violence as a part of Rehabilitation through Victim Compensation Schemes (VSC). This is another topic that now rehabilitation also includes education, legal expenditures and job (February, 15, 2019). As a part of our duty as activist, we serially take part in advocacy. On 21st August, 2019, we, in association with Maromi Network organized a half a day program on VCS at Asutosh Mamorial Hall, Kolkata.

In the said program, Ms. Supriya Khan, Secretary, DLSA, Kolkata, mentioned about PLVs, and Legal Clinics. Maromi searched, and we got the Bhorsha Clinic at Tagore Park. We met PLV, Mr. Mishra there and that lead us to proper guidance for compensation of Sabita Biswas, the burn survivor due to domestic violence. She will have the 1st hearing of her case as early on 30th September,'19. This truly is an achievement. Her plea for the same had been rejected earlier due to wrong application. In our previous program in 2017, the then Member Secretary, SLSA, Mr. Gupta, had categorically explained the procedure for getting VCS.

We are sincerely thankful to the Member Secretary, SLSA, Ms. Durga Khaitan and Ms. Ananya Chakraborty, Chairperson, SCRPC, for their encouragements; Ms. Supriya Khan, Secretary, DLSA, Kolkata, Ms. Sudeshna Roy, Member, SCPCR,

 Ms. Sunanda Mukherjee, Ex. Chairperson WBCW, Ms. Kakali Ghosh Kundu, IC, Baruipur PS, Advocate Abhijit Dutta, Advocate Ankan Biswas and Ms. Saswati Ghose, Educationist and activist, for their esteemed presence and speeches. We are thankful to all the survivors of burn due to acid-attack and fire for their sharing. We are grateful to our other network partners namely Maitree and Aman for supporting us actively. Without Ms. Aditi Basu of Anjali and Ms. Anchita Ghatak of Parichiti we could not have ably completed the program. We must mention Ms. Sudarshana Chakraborty, Independent Journalist and member of Maromi, for performing the Herculean task of reporting, and Mr. Avijit Dutta for being our photographer. We have to thank Mr. Manik Nandi for helping us with logistic and the staffs of the Asutosh Mamorial Hall.

“Rehabilitation - My Right”

A Dialogue on Need Assessment

Venue: Ground Floor, 77, Ashutosh Mukherjee Road, Bhowanipore, Kolkata – 700025 (Residence of late Sir Ashutosh Mukherjee).

Date: 21st August, 2019, Wednesday

Time: 2 pm – 5 pm

Resource -

Saswati Ghosh (Activist & Educationist)

Supriya Khan (Secy., DLSA, Kolkata)

Kakoli Ghosh Kundu (IC, Baruipur PS)

Sunanda Mukherjee (Ex-Chairperson, West Bengal Women’s Commission)

Sudeshna Roy (Member, West Bengal Child Rights’ Commission)

Ankhi (Advocate, West Bengal Child Rights’ Commission)

Abhijit Dutta (Advocate)

Ankan Biswas (Advocate & Representative of LGBTIQ Community)

Moderators -

Anchita Ghatak (Parichiti)

Aditi Basu (Anjali)

The Survivors’ tale -

               Paromita Bera

·        Paromita Bera, the acid attack survivor, who along with his mother & younger brother was attacked with acid in 2015 while sleeping in their village home in Midnapur District, West Bengal, is pursuing Masters Degree in Sociology in one of the most reputed Universities of not only in Kolkata but in the country, Jadavpur University.

·        She has undergone 15 surgeries so far.

·        Paromita, her brother & mother –each of them has received the initial 3 lacs rupees from the victim compensation scheme. But her brother who was 12 years old then still has not received the extra amount which is mentioned for the minor victims. He is now in class XI. She presently stays with her mother & brother in Kolkata.  

·        The disabled certificate which is an acid attack survivor’s right to receive - she got after a long fight with the hospital (National Medical College, Kolkata) - only after she managed to have a reference from the Kanyasree Department of the State Government as a receiver of Kanyasree. The sloppy administrative system delayed the whole process & did not recognize the victim’s priority but the ministry’s reference.

·        According to her it’s not enough to follow the guideline for the acid attack survivor and arrange rehabilitation for them. It is important to have rehabilitation measures according to the need of the victims and not trying to fit them in any boxes.

·        In her case the FIR was filed by someone else & her mother’s signature was also forged. The entire incident in the FIR was misleadingly written. She pointed this out to the IPS officer dealing her case & he was also taken aback by this.

·        She was initially ill treated by high ranking administrative & police officials. Charge sheet was not submitted within 3 months & the perpetrator got bail. The case was reopened after 1 & ½ years. But the documents with the police or her lawyer are quite misleading. She clearly mentioned the criminal’s name but in police document it’s written that she said ‘someone’. The case in Midnapur court is going nowhere; public prosecutor is not being much helpful.   

·        She feels many girls in the villages do not even know about the victim’s rights, schemes etc, they don’t know how to apply for these. There has to be an extensive awareness drive.

·        Paromita pointed out that only the OT & the hospital bed is free in government hospital for acid attack survivors. But the everyday injections & medicines are not at all free & the victim’s family has to buy that. Her mother sold 5 of their cows & managed to pay the 40,000/- rupees at the hospital.  

·        She has not received the 1 lac rupee from the Central Government (Prime Minister’s Fund), though she applied at Midnapur DM’s Office, apparently because the scheme was passed in 2016 & her incident happened in 2015. But there are examples of victims receiving the same even if the incident happened before 2016.

·        The State Government can pay up to 10 lacs rupees depending on the treatment of the victim. All of her 15 surgeries took place depending on the financial status of her well wishers & did not receive any government support. Almost 5,000,00/- rupees was spent.

·        She filed an application at Midnapur DM’s Office in 2017. They replied only once, and that too with her name wrongly spelled. So far she has not got any more response from them.

·        Her lawyer has taken a laidback attitude after these 4 long years & now even the eye witnesses have lost interest to come to court, probably they are threatened.    

Rupali Parui

Rupali Parui, from Dhantolla, Nadia has received only the initial 3,000,00/- rupees nothing else. She lost both her eye-sights. She is not much educated but wants to learn sewing & establish herself.

Sutapa Das                                              

Sutapa, from the same area as Paromita, has got the initial compensation. She is continuing her studies facing much hardship. Also her medical treatment for the acid burn has come to a halt due to financial problem. She is now looking for a job. She needs 4,000,00/- to immediately restart her treatment. Paromita called up the police after Sutapa’s incident. She blamed them that they are responsible. The Police have helped her perpetrators to get bail & that have encouraged like-minded people to commit the crime. The Police have made her shut-up.

Sabita Biswas

Sabita filed formal complaints to Police, SP, SALSA, DALSA, and State Women’s Commission after her husband & in-laws set her on fire. She has heard from the administration that as because the legal help she is receiving is free she doesn’t have to bother about how long it is going – as if it does not matter if she is getting justice in due time. The mental trauma & physical exhaustion she is still suffering from is not considered as important. It has been already four years.

Sabita has not received any amount as victim compensation. 

She is a 70% burn victim but she was denied the disability certificate because she was a ‘burn’ victim & can be cured or her disability can be supposedly treated. Also the amount of compensation for a 40% & a 70% burn victim is same. She was told inhumanly that if she was 80% burn victim her amount of compensation would have been doubled! Sabita filed an appeal to the SP via Women’s Commission to arrest are perpetrators who were visibly moving freely but somehow were not noticed by the police. DLSA conveyed to her that they cannot interfere in matters of police.  

Role of DLSA, Police, Women’s Commission, Child’s Rights Commission (to get Rehabilitated) -                                              

·        One of the basic problems of the acid victims remains filing of FIRs. Most of the time the police’s attitude to write a FIR is not very victim friendly. Often the version of the victim’s complaint gets completely changed. The perpetrator gets the scope to escape or to get bail with the help of such FIRs. Though the present police official claimed that at all police stations the acid victims or someone on her behalf gets the proper assistance from the police personnel. 

·        CID has a different cell to probe into the matters of the acid attack.

·        DLSA claims that at almost every police station their representatives are present to help the victims & their families to file FIRs.

·        DLSA also claims that in every district they run camps to help the victims to know about victim compensation schemes & follow the legal procedure to avail that.  They also presented the data of the last couple of years to show that how much money they helped to disburse as victim compensation in Bengal.  PLVs play important role here.

·        Police, DALSA – both of these administrative bodies claim that they have provisions to help the victims but the victims must reach them, they are quite accessible. Both of them agreed that intervention of activists is needed to bridge the gap.

·        The police officials must share the copy of the FIR with DLSA/SALSA. It helps the respective body to take immediate action in deserving cases to check facts & proceed for the compensation scheme.

·        Application has to be filed for interim or final compensation by the victim, the victim’s family, i.e. dependents or even the OC of the area. It has to be submitted with a copy of FIR, Medical Report etc.

·        DALSA claims that they take action on their own to see that the victim receive the compensation.

·        The application for compensation can now be filed Online & the victim can avoid the exhaustion to be physically present.

·        The Secretary of the respective DALSA takes the necessary decision.

·        The final deciding authority in case of acid attack victim is Criminal Injury Compensation Board. 

·        Within 15 days of the matter being brought to the notice of DLSA the victim has to be paid one lakh rupees within 15 days.

·        DALSA claims in most cases following the rule they pass the order to grant interim compensation within 7 days after the matter being presented before it.

·        DALSA after reviewing the case & its gravity decides upon the amount of the compensation. The upper limit can be exceeded.

·        DALSA claims to keep contact with all the related departments & officials to implement the scheme properly & disburse the compensations properly.

·        DALSA even helps to open a bank account if the victim does not have one.

·        DALSA if required orders for immediate first aid services, medical support to be available free of cost for the victim on the basis of a police officer’s or Area Magistrate’s certificate.

·        Women’s Commission complaints that though they keep a vigil on such cases & try to intervene as much as possible, their power is limited. They try to support the victim so that the person can have justice as soon as possible. Also to help the victim to have the compensation. But most often they face the trouble from the administrative structure which is quite sloppy at times. They also face the problem of wrongly written FIRs, which are mostly not written by the victim or her family – while trying to fight for justice.

·        According to Child Right’s Commission they try to create a conscience through different initiatives like video clips, awareness program etc. How wrong it is to discriminate on the basis of gender & indulge in such a violent act as throwing acid on someone.

·        Child Right’s Commission does take actions in cases of such violent abuses on children or minors. Minors can get extra 50% of the compensation depending on the nature of the crime.

·        If the family of the minor gets in touch with the Commission along with proper documents they promise to take prompt action.

Gender equality & Justice/Inclusion of Transgender persons -

Advocate Biswas pointed out that transgender persons also in large number are acid attack victims.  In majority of cases they don’t even get the compensation. In 2017 a case shook the nation. Sonia a transwoman was gang raped & attacked with acid. The present transgender bill says in cases of transgender molestation the perpetrator can be jailed for maximum 2 years and there will be a fine of meager 500/- rupees. Such gender disparity is very alarming.

Swati Chatterjee of South Kolkata Sannidhya pointed out that Ranjan Gogoi & Sanjeev Verma’s Bench in the Supreme Court has specifically talked about male inclusion.

Advocate Biswas said, so it will not be wrong if the civil society starts talking about inclusion of all gender identities, it has to be irrespective of gender, age, caste. The judgment is not at all inclusive. In such cases transgender persons don’t even receive justice. The perpetrators are not punished. Unfortunately the DLSA does not know that the Magistrates are mostly unaware of transgender persons’ rights & the law itself.

The amended RTI law will not help the citizens to get any answers from the Government. The law is now there to safeguard the Government, otherwise the Government would have faced much trouble.

Advocate Biswas promised to help the victims in any of their compensation related legal issues.

The present state of RTI -

Advocate Abhijit Dutta stated that earlier the Commissioner of RTI was an independent body elected from a high profile committee, equivalent to Chief Justice & Election Commissioner & was not answerable to any Government body. But now the appointment of Chief Information Officer is done by the Government, just like any other Government official. The post will be completely controlled by government. The autonomy of the body is majorly curtailed.

The victim compensation applications are mainly filed at NALSA or SALSA, to the authority where the scheme is available. The problem is the applications are not processed duly & timely.  Many times applications are rejected. The victims often are not getting their due amount of compensation. Why they are doing such things – they don’t have reasons to show.

A victim can do a RTI if she/he is facing any problem in receiving compensation. One has to provide with only the detail address of the information & what the information exactly is. It has to be addressed to the information officer or the head. If it’s State government RS 10/- court fee & in case of central government postal order of the same amount is required. Within 30 days the information has to be provided to the person who filed RTI. In urgent cases such as human rights violation the time limit is 48 hours. The person is not compelled to give any explanation as to why the information is needed. The victim or on behalf of the victim any NGO or organization can file RTI. Information about the number of victims who received compensation last year, what amount of money is allotted by the government for victim compensation, the exact fund of central or state government etc can be sought. Individuals can also ask for her/his case specific questions.        

Voices from the civil society & of activists

·        The inception of One Stop Crisis Centre, from Central Ministry of women and Child development was mainly meant for women who suffered from sexual harassment and other kind of violence. The idea was to provide them with every kind of support (medical, legal, counseling) under one roof, within a brief span of time. Victim compensation scheme, legal support etc come later. In such cases the first priority is to help the victim with trauma care support. They need immediate counseling.  Simultaneously the physical treatment will also go on. It can be reconstructive surgery etc. Even psychiatrist’s help can be taken later.

·        Then starts the process of availing the state or central compensation schemes, helping the victims to get that and also supporting them in legal capacity, starting from filing the FIR, because most of the time it’s seen that in the FIR the issue is not addressed properly, which creates more problems when the case goes to the court and don’t get properly addressed.  

·        Most of the legal procedure & getting the victim compensation is very lengthy, which takes a toll on the victims. If there is OSCC, then the victims can have access to all the support easily, there will be definitely better co-ordination. If every district would have one OSCC, the situation could have changed.

·        Our Judiciary & the system as a whole is very much perpetrator oriented, if the perpetrator is arrested, if he is being tortured in jail, if he has got bail – all these are centre of attraction. Nobody is much bothered about the victim. If the girl is getting treatment & counseling, if the perpetrator or related persons are bothering her after getting bail, if she is getting compensation etc – don’t find much place in public discourse.

·        The scenario has changed a bit since 2008 after the victim compensation scheme has been introduced. Definitely it is the responsibility of the State to take care of the victim’s compensation, because the State has failed to generate any fear in the minds of such perpetrators & they can think of throwing acid on a girl.

·        The incident of Acid attack survivor Laxmi Agarwal who became the face & voice of all other acid attack victims in India is mention worthy. Following her case Hon’ble Supreme Court added 357A in CRPC which says the state government in collaboration with the central government will provide compensation & rehabilitation to the victim. The fund has been created with the support of 2000 crore from Nirbhaya Fund following a guideline.

·        One of the most important features of the guideline is it being gender neutral. Different states disburse different amount annually in this scheme. But there has to be a systematic way so that every state can adopt the scheme & implement it where & when necessary. It has been notified in West Bengal in 2017 September in Gazette. But the compensation only gets disbursed when the criminal get arrested. Why so? The process should be started just after the incident, & must not be delayed.

·        The big question remains why a man throws acid on a woman – to kill her, to ruin her & to make her traumatized for the rest of the life. Here the idea of a woman’s consent is completely denied.  The society is not ready to accept that she has the right to reject.

·         The question rises what is the role of a government & its agencies in a democracy & if they can perform without the intervention of the activists. Whose is the responsibility to spread the information? There are many schemes but all of these will be useless if people do not know about it. If the government is making schemes who will take those to the people? Isn’t it the government’s responsibility, too?

·        Definitely there are activists, NGOs who will pursue the case, but at the same time they will also pursue the government. The victim compensation is the victim’s right, because the person is still alive & it’s the state’s responsibility to provide safety & security to its citizen.

·        The victims are fighting a tough fight to become survivors. But the government’s attitude is like keeping them as victims, only.

Demands -

·        The whole scenario has to be gender inclusive & sensitized.  If anybody is tortured irrespective of the person’s gender & sexual identity victim compensation has to be provided.  Every victim should get equal justice.

·        The system has to be more effective.

·        Acid sale has to be controlled completely. Social awareness has to be generated for this & also the administration has to take strict actions to regularize the sale.

·        Once arrested getting bail is everybody’s human right. But somehow the perpetrator who throws acid knows that they can easily get bail & live a normal life, whereas mostly the victim’s normal life gets devastated. So there has to be a checking point while giving bail to such a criminal.

·        Providing free legal aid does not mean that it can go on forever. It is necessary that the victim gets the justice & compensation within a stipulated time & that the person’s life does not get wasted.

·        There is DLSA & there are ways to reach them, but DLSA also need to find out ways to reach to people.

·        When the government is making a scheme, they should also keep in mind its budgetary provision.  It’s not only about disbursing the compensation but also about keeping the scheme going & appointing right people for that.

·        There is dearth of staffs in police department. So to fight against such crimes it is necessary that all the departments are well staffed & well equipped.

·        It’s expected that the government will fight equally to provide the victim justice.

·        The demand is not for sympathy but for right.

The Goal -

·        To file a RTI

·        Often it has been seen that along with the primary acid victim her/his mother or siblings also gets the affected. (for example the brother & mother in Paromita’s case, the mother in the Purbasthali case) But their names are not included in the FIR (for example the mother’s name in the Purbasthali case). Even PLVs sometimes fail to include those names. Moreover if the scars are considered not that serious then the issue of compensation is taken very lightly & not even granted. Whereas to get timely treatment, names to be included in the FIR & receiving compensation - these are their Rights. These issues need to be addressed.

·        So far in this year 33 lakhs rupees were disbursed as compensation to 7 victims of Acid-attack from District 24 Paraganas (N) according to a media report (ABP News, 2^nd August, 2019). But a very serious case like Sankar Sen, a bus driver who has lost his eyesight partially in one eye & completely in another due to acid attack in ‘16 & now has become a starter at a bus depot – has not received a penny as compensation. Cases like these solely depend on the voluntary efforts of many well wishers who work really hard to legally process such cases.  On what basis a victim gets or does not get compensation is unclear. This is time to ask such questions on discrimination.

·        Also it has to be known through RTI if a single person has received any amount following 326A. The report so far received by South Kolkata Sannidhya nobody has received any compensation once the accused has been imprisoned after the final verdict from the court.  This is different from victim compensation.

·        If there is someone as PLV functioning in hospitals for legal guidance of the victims, which will definitely help. But unfortunately no hospital either Government or Private has till followed their responsibilities.   

·        Availing handicapped certificate is yet another troublesome affair. Often it has been seen that the disability certificate that an acid attack victim or burn victim receives is not at par with the injury. To know more about the co-ordination of different departments who are accountable to provide legal justice, compensations, and medical certificates is also a goal.

   Abbreviations –

VCS – Victim Compensation Scheme

NLSA – National Legal Services Authority

SLSA  - State Legal services Authority

DLSA – District Legal services Authority

SCRPC – State Child Rights and Protection Commission

WBCW – West Bengal Commission for Women

DM – District Magistrate

SP- Superintendent of Police

OC – Officer in Charge

PLV – Para Legal Volunteers

FIR – First Information Report

RTI – Right to Information

OSCC – One Stop Crisis Center