Relief and Rehabilitation of Women and Children Acid Victim

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Haryana Government Gazette

Published by Authority

© Government of Haryana

No. 23-2018] CHANDIGARH, TUESDAY, JUNE 5, 2018 (JYAISTHA 15, 1940 SAKA)

PART-I

Notifications, Orders and Declarations by Haryana Government

HARYANA GOVERNMENT

WOMEN AND CHILD DEVELOPMENT DEPARTMENT

Notification

The 8th May, 2018

No. 654-SW(3)-2018.— In supersession of the Notification No. 337-SW(3)-2016 dated 25.03.2016, the Governor of Haryana is pleased to amend the previous scheme namely Relief and Rehabilitation of Women Acid Victims as "Relief and Rehabilitation of Women and Children Acid Victims" to provide ad-hoc relief/Medical reimbursement and rehabilitation services to girls, women and boys upto 18 years acid victims by the Women & Child Development Department.

1. Eligibility Criteria

• Any victim/s facing acid attack after 02.05.2011 will be eligible.

• Where the Acid Victim has not been finally cured and all process over, such victim shall be considered due to continuing cause of action.

• The scheme will cover all acid attack victims girls, women and boys upto 18 years residing in Haryana.

• An application may be filed either by the victim or by heir claiming on her behalf in cases where the victim herself is disabled to make an application.

2. Constitution of State Level Committee (SLC) for "Relief and Rehabilitation of Women and Children Acid Victims":-

1. For considering the claims and awarding relief/rehabilitation/ reimbursement, a State Level Committee for "Relief and Rehabilitation of Women and Children Acid Victims" under the Chairpersonship of Hon'ble WCDM comprising following members is hereby constituted :-

• Administrative Secretary to Govt. of Haryana, WCD Department - Member • Administrative Secretary, to Govt. of Haryana, Health Department - Member • Administrative Secretary, to Govt. of Haryana,

- Member Social Justice & Empowerment Department

• Administrative Secretary, to Govt. of Haryana, SC/BC Department - Member • Director, WCD Department

- Member Secretary.

(1326)PART I] HARYANA GOVT. GAZ., JUNE 5, 2018 (JYST. 15, 1940 SAKA) 1327 3. Functions of State Level Committee (SLC)

1. This Committee shall coordinate and monitor the functions of District Level Committee.

2. It shall ensure proper disbursement of the funds allocated under the scheme and any additional amount to be supplemented by the State Government to the District Committees.

3. Issue directions to the appropriate authorities under the Act for ensuring proper medical, psychological and legal assistance to the victim.

4. All the medical reimbursement shall be approved by the Committee before providing the financial relief.

4. District Level Committee (DLC)

1. The Committee constituted at District level may be called Committee for "Relief and Rehabilitation of Women and Children Acid Victims".

2. The Committee shall have exclusive jurisdiction to deal with the applications received under the scheme in that district.

3. The District Level Committee "Relief and Rehabilitation of Women and Children Acid Victims" under the chairpersonship of Deputy Commissioner comprising of following members is hereby constituted: -

• Two or more members having expertise in matters relating to criminal law.

• Working in the field of empowerment of women.

• Medical Doctor

(Out of which at least two members should be women).

The said members will be appointed by the concerned Deputy Commissioner for a period of two years.

5. Functions

i. The District Level Committee shall consider the claim/s and award relief/ rehabilitation as the case may be, in accordance with procedure prescribed under the scheme.

ii. The District Level Committee shall coordinate and monitor the provisions provided under the scheme with Government and Non-Government Organizations for rendering assistance to the victim, legal, medical or psychological, and in any other form of Aid/Assistance.

iii. The District Magistrate shall consider the claims as deemed fit in the circumstances of the case and shall ensure ad-hoc relief to the victim and shall forward the financial claims regarding medical reimbursement to be made to the Hospitals, where the victim takes the treatment, to the Director, Women & Child Development Department, Haryana.

6. How to apply/ Procedure for application

1. The victim's parents/guardians or legal heir may apply to the District level Committee for relief in accordance with the provision of the scheme immediately.

2. In case of children victim, the application may be made on his/her behalf by a parent or guardian.

3. In case of victim being a married woman, the application may be made on her behalf by husband or parent or guardian.

4. Applicant shall submit the following documents with the application:-

(a) A medical certificate where the application is being made by or on behalf of the victim.

(b) Copy of FIR/Complaint.

7. Action by District Level Committee after receiving the application.

1. On receiving the application and after having been prima facie satisfied that a case of acid attack has been made out, the Committee shall order an ad-hoc/ interim relief within 15 days, which would be recouped from WCD Department.

2. The Committee shall get a home study of the victim conducted for making an assessment of additional needs of the victims and apply other welfare scheme/relief as may be available to the applicant, within one week of the actual incident taking place. Home study shall be conducted by DCPO.

3. The Acid Attack Victim of Haryana shall be entitled to receive free of cost 100% medical treatment from amongst any of the Government Hospitals /Government approved Hospitals. Such Hospitals should forward their claims through the District Level Committee to the Director, Women and Child Development Department. The District Level Committee shall verify claim of the Government Hospitals /Government approved Hospitals, where the victim has taken treatment, with the medical bills after getting it duly countersigned by concerned civil surgeon.

4. The Committee shall forward the application to the Director, Women & Child Development for medical reimbursement within 15 days from the date on which the complainant gives her evidence or within one month from the date of receipt of application whichever is earlier.

5. The application before the Committee has to be made within 15 days from the date of incident provided that upon showing valid reasons the Committee shall have the powers to condone the delay, if any.

6. The Committee may reject any application where it is of the considered opinion that: -

• The applicant failed to take without delay all reasonable steps to inform the police or other body or person consider by the Committee to be appropriate for the purpose of the circumstances giving rise to the attack.

• The applicant failed to cooperate with the police or other authority in attempting to bring the convict to justice or

• The applicant has failed to give all reasonable assistance to the Committee or other body or person in connection with the application.

7. The Committee shall hear the claims for relief and such time and in such places as the committee may determine and shall notify the applicant of the time and place of hearing of the relevant application. The Committee shall reach its decision on the basis of evidence and other information available to it at the hearing. In case victim is not in a condition to come before the committee then next of kin can be present on her behalf.

8. The payment of the medical reimbursement shall be made directly to the bank account of the said Hospital by the WCD.

8. Rehabilitation

• The severe acid victim should be treated in disabled persons category as certified from the Medical Board of the concerned District.

• Monthly financial assistance of Rs. 8,000/- to acid victims who come in the definition of disability under Section 2 (i) of the Persons with Disabilities (Equal Opportunities Protection of Rights of Full Participation) Act, 1995 should be provided by the Social Justice & Empowerment Department, Haryana.

• The victim of acid attack shall be given preference in allotment of fair price shops by the Food and Supply Department, Haryana.

9. Financial Assistance

1. A sum of Rs. 1.00 lakh shall be paid to acid victim within 15 days of occurrence of such incident (Rs. 25,000/- as ad-hoc relief immediately by the concerned Deputy Commissioner to the acid victim which shall be recouped by WCD and the rest amount of Rs. 75,000/- within 15 days by the WCD) to facilitate immediate medical attention and expenses in this regard.

2. The Acid Attack victim of Haryana shall be entitled to receive free of cost 100% medical treatment including medicine, food, bedding and plastic surgery / reconstructive surgery, if any, from amongst any of the Government Hospitals / Government approved Hospitals. The amount shall be reimbursed by the Women & Child Development Department. The amendments and the deletion / addition of Hospitals made by the Govt. from time to time shall also be automatically covered under the scheme. The list of the said Hospitals is posted on website of the Haryana Health Department at (http://haryanahealth.nic.in/menudesc.aspx?page=232).

10. Duty of Medical Facility:–

1. No Medical hospital or speciality, government owned or privately owned shall deny specialised or any form of treatment to any victim on any ground, when such victim is brought before or approaches such facility for treatment.

2. Where such medical facility receives such a victim for treatment it shall forthwith inform the District Board / State Board and the police of the same, but shall in no manner or on any ground refuse treatment to such victim.

3. For the purpose of treatment, the police report or the FIR shall not be relevant precondition.

DR. RAJA SEKHAR VUNDRU, Chandigarh: Principal Secretary to Government Haryana, The 27th April, 2018. Women and Child Development Department.

56314—C.S.—H.G.P., Chd.