Compensation is decided and paid either by the District Legal Service Authority (DLSA) or the State Legal Service Authority (SLSA).
Credit: iStock Photo
Hyderabad: Human trafficking victims in Andhra Pradesh appear to lack awareness about the Victim Compensation Scheme (VCS) that may help them in their rehabilitation to lead a normal life.
A study conducted by a collective of survivors of sex trafficking revealed that in the last three years, between 2020-2022, a total of 866 cases of human trafficking were reported in Andhra Pradesh but only five victims applied for the compensation under the VCS.
According to Andhra Pradesh Victim Compensation Scheme that was introduced in 2015, a human trafficking victim is eligible for compensation of Rs one lakh for rehabilitation.
The collective 'Vimukthi' had filed RTI applications with 13 District Legal Service Authorities (DLSA) to seek information about victim compensation provided to survivors of human trafficking, POCSO and other crimes from Financial Year 2016-17 to 2022-23. Assessment of first-hand experiences of survivors of human trafficking was also undertaken by Vimukthi while preparing the status report on VCS.
Compensation is decided and paid either by the District Legal Service Authority (DLSA) or the State Legal Service Authority (SLSA). It is also awarded on recommendation of the Court in case compensation paid by the accused is inadequate (under Section 357, CrPC) for rehabilitation of the victim or the case ends in acquittal or discharge of the accused but the victim needs to be rehabilitated.
From FY 2016-17 to 2022-23, there were a total of 505 applications received by DLSAs covering all kinds of crimes. Out of these 505 applications, 343 were filed for POCSO survivors, five for human trafficking survivors and 157 for other crimes. This included applications filed in individual capacity and recommendations from the Court.
The five applications filed by human trafficking survivors were shown as decided, however, none of the survivors had received any victim compensation amount.
“None of the DLSAs had provided victim compensation to the survivors of human trafficking. Only in one district, five applications filed individually by the survivors of human trafficking were decided by the DLSA. None of the DLSAs received recommendation from any Court of Law for providing compensation to survivors of human trafficking. This highlights a significant gap in judicial awareness regarding the grant of victim compensation,” pointed out Vimukthi state president M Apurwa.
Of the Rs 7.36 crores disbursed for victim compensation in Andhra Pradesh from 2016-17 to 2022-23, 3.77 crores was disbursed for POCSO cases and approximately 3.59 crores for other crimes like rape and acid attacks etc and no compensation was disbursed for the cases under human trafficking.
After discussions with survivor leaders, who are also working with other survivors of human trafficking, members of the Vimukthi team that had worked on the study found that survivors and their families have no awareness and information about victim compensation and the procedure for claiming it. Neither the police, nor the shelter homes or NGOs informed the survivors about the same.
The filing of the VC application is also a cumbersome and a lengthy process. “It is mentally exhausting and overwhelming to fight the case against the perpetrator and then in addition to that, fighting for the right to compensation becomes troublesome. It becomes too much to handle for survivors,” observed Apurwa.
Ramya (name changed) a 22-year-old survivor of human trafficking, residing in the Guntur district of Andhra Pradesh was sold into a brothel in Guntur town by her own aunt. She was rescued at the age of 17. Currently married to an auto driver, Ramya's meager personal income from daily labor in Mirch Yard is less than Rs 6000 per month. Despite being eligible for compensation under Victim Compensation Scheme, Ramya has yet to receive any support.
“The painful irony lies in her awareness of the entitlement, having learned about the scheme from an advocate. Regrettably, neither the Shelter Home Management where she spent nearly 3 years after rescue nor the police provided the expected assistance. Struggling with both physical and mental health issues, Ramya grapples with distressing memories, displays signs of aggression, and battles anxiety, feeling emotionally isolated from others,” said the report by Vimukthi.