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SLSA Cannot Adopt 'Big Brother' Approach; Adult Victims Can Freely Spend Compensation Amount: Calcutta High Court
['Srinjoy Das', 'Srinjoy Das Is A Principal Correspondent With Livelaw', 'Covering The Calcutta High Court']
Supreme Court - High Court - Legal Breaking News | Live Law India
The Calcutta High Court has held that an adult victim receiving compensation under the West Bengal Victim Compensation Scheme has the right to decide how to utilise the amount and that the State Legal Services Authority cannot arbitrarily impose restrictions on its use.
It also relied upon the National Legal Services Authority's Model Scheme for victim compensation.
"The West Bengal Victim Compensation Scheme does not authorize anybody to put any fetter on the manner of utilization of the compensation amount disbursed in favour of a victim," the Court held.
Further, the maximum compensation under the NLSA Scheme was higher than that provided under the West Bengal Scheme.
"Therefore, the learned Judge rightly held that the impugned directions issued by the Member-Secretary, SLSA, are dehors the West Bengal Scheme and bad in law," the Bench held.