Financial Assistance to Male and Transgender Acid Attack Victims

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Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 44–2019/Ext.] CHANDIGARH, FRIDAY, MARCH 8, 2019 (PHALGUNA 17, 1940 SAKA)

HARYANA GOVERNMENT

SOCIAL JUSTICE & EMPOWERMENT DEPARTMENT

Notification

The 8th March, 2019

No. 411 -SW(4)-2019.— The Governor of Haryana hereby formulates a scheme namely ―Financial Assistance to Male and Transgender Acid Attack Victims‖ which will help them lead their lives with dignity in the society.

1. INTRODUCTION & OBJECTIVE:

Acid attack affects persons of any gender equally harshly. Therefore the need arises for a comprehensive scheme for relief and rehabilitation of male and transgender acid attack victims. This is also in reference to COCP No.2830 of 2016 – H. C. Arora Vs. Sarvesh Kaushal & others in the Hon'ble Punjab and Haryana High Court, where the Hon'ble Court ordered that ―the petitioner while appearing in person shall submit that the notification is qua to female victims only whereas victim can be male also and it should be applicable to both‖.

The objective of the scheme is :-

To provide monthly financial assistance over the life-span of the victim.

2. FINANCIAL ASSISTANCE:

• Financial assistance due to disability arising on account of acid attack will be granted. It is made clear that acid attack is defined as an attack by another person and does not include self-inflicted acid injuries made deliberately or inadvertently.

• Financial assistance shall be admissible as under:

Percentage of disability	Financial Assistance
40-50%	2.5 times of Divyang pension
51-60%	3.5 times of Divyang pension
>60%	4.5 times of Divyang pension

(1086) HARYANA GOVT. GAZ. (EXTRA.), MAR. 8, 2019 (PHGN. 17, 1940 SAKA) 1087

3. ELIGIBILITY CRITERIA:

• The scheme will cover acid attack victims-male or transgender residing in Haryana.

• The acid attack victim (male or transgender) should have been residing in Haryana for at least 3 years prior to the date of the acid attack.

• If the acid attack has taken place outside the state of Haryana but the victim is a resident of Haryana, as per the eligibility criteria above, the benefits of the scheme will apply to them.

• Govt. employees shall not be eligible for Financial Assistance.

• Victims who have permanent disability certification will be eligible for monthly pension.

• Individual shall be eligible to claim only one pension i.e. his/her case is approved for acid attack victim assistance then he/she will not be eligible for any other kind of social security pension.

• In order to ensure that the acid attack victim continues to meet the eligibility criteria over the pendency of benefit that accrues to the victim, they will be required to submit an annual undertaking to the effect that they meet all the eligibility criteria as delineated above.

• The undertaking will be submitted to the District Social Welfare Officer on April 1, every year. The NIC will ensure that payment of benefit is linked to submission of such an undertaking which should be uploaded on the portal.

• In case at any time the undertaking provided is found to be incorrect, the benefit under the scheme shall stand withdrawn from the date on which the incorrect submission by the victim is identified.

• In the interest of keeping the identity of the victim confidential, the NIC shall ensure that like the other documents connected to the acid attack victim, the affidavit also remains visible only to the District Social Welfare Officer.

4. PROCEDURE FOR APPLICATION:

• The victim herself/himself parents or her/his legal guardians may apply to the District Social Welfare Officer for relief.

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

• In case of victim being married, the application may be made on her/his behalf by spouse or parent.

• The application shall be supported by the following documents:-

i. Medical certificate issued by the Medical Board at District level where the application is being made by or on behalf of victim.

ii. Copy of the FIR/Complaint.

For the purpose of assessment of disability the notification of the Health Department Government of Haryana bearing No. 28/195-82-5hb-1 dated 21.03.1989, Ministry of Social Justice and Empowerment, Government of India bearing No. 16-89/97-NI.1 dated 01.06.2001, number 16-18/97-NI.1 dated 18.02.2002 will apply.

Chandigarh: The 8th March, 2019.

SHRIKANT WALGAD, Principal Secretary to Government Haryana, Social Justice & Empowerment Department

56941—C.S.—H.G.P., Chd.