How to help victims of terrorism access compensation and legal aid

The ghost of Kulhand

Imagine it is 30 April 2006. In the remote heights of Kulhand, Doda, armed militants descend on a village. They separate the residents, ask for identification, and open fire. By the time the sun sets, 35 innocent civilians—including a 5-year-old child—are dead. Today, 20 years later, the headlines have faded, but for many families, the struggle for justice and survival continues. You might know a family in your district or neighborhood whose lives were shattered by such an atrocity, yet they remain stuck in a loop of pending files and missing ex-gratia payments. You don't need to be a lawyer to help them; you just need to know how to navigate the system that is supposed to support them.

What the law actually says

Victims of terrorist violence in India are protected by a combination of central schemes and procedural laws. The primary safety net is the Central Scheme for Assistance to Victims of Terrorist/Communal/LWE Violence and Cross Border Firing and Mine/IED Blasts, managed by the Ministry of Home Affairs (MHA).

Under this scheme, if a person dies or suffers permanent incapacitation (70% or more disability) due to terrorist violence, their family is eligible for financial assistance of ₹5 lakh. This amount is not a 'favour' from the government; it is a structured rehabilitation measure. As of 2024, this money is usually put into a fixed deposit (FD) with a minimum lock-in period of 3 years, though the quarterly interest can be used for the family's sustenance.

Crucially, this central assistance is in addition to any ex-gratia payment provided by the State Government (such as the Jammu & Kashmir government's own relief rules).

On the legal side, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the CrPC, provides the framework for victim rights. Section 396 of the BNSS (formerly Section 357A of the CrPC) mandates that every State Government, in coordination with the Central Government, must prepare a 'Victim Compensation Scheme'. This scheme is designed to provide funds for victims who have suffered loss or injury and require rehabilitation.

Furthermore, the National Legal Services Authority (NALSA) and State-level bodies like the J&K Legal Services Authority (JKSLSA) are legally bound to provide free legal aid to victims of disasters and ethnic violence under the Legal Services Authorities Act, 1987. If a family is still fighting a court case regarding the incident or their compensation, they are entitled to a free lawyer.

Your playbook for helping a victim's family

If you are assisting a family that has been denied relief or is unaware of their rights, follow these steps to get their case moving.

1. Audit the paperwork

Before approaching any office, you must ensure the family has the 'Big Three' documents. Without these, the application will be rejected instantly:

• Certified Copy of the FIR: This is the foundation. If the incident happened years ago and they lost the paper, they need to apply for a certified copy from the concerned Police Station or the CJM (Chief Judicial Magistrate) court. If the police refuse to provide information, you can help them How to file an FIR (and what to do if police refuse).
• Death Certificate or Disability Certificate: For the Central Scheme, a disability certificate must prove at least 70% permanent incapacitation, issued by a Medical Board.
• Legal Heir Certificate: This proves who the actual beneficiaries are. This is issued by the Tehsildar or the Revenue Department.

2. Identify the correct portal

For the Central MHA Scheme, the application does not go to Delhi; it starts at the District Magistrate (DM) or Deputy Commissioner (DC) office where the incident occurred.

• Help the family write a formal representation addressed to the DM/DC.
• Attach the FIR, Death Certificate, and Legal Heir Certificate.
• Mention specifically: "Application for assistance under the Central Scheme for Assistance to Victims of Terrorist Violence."

3. Verification by the Superintendent of Police (SP)

Once the DM receives the application, they will send it to the District SP for verification. The SP must certify that the incident was indeed an act of 'terrorist violence' and not a general crime.

• Timeline: This verification should ideally happen within 30 days.
• Your Role: Follow up at the SP office's 'Confidential Branch' or 'Terrorism Cell' to ensure the file hasn't been misplaced.

4. The District Level Committee (DLC) meeting

The DM chairs a committee that reviews these verified files. Once approved, the recommendation is sent to the State Government, which then forwards it to the MHA in New Delhi.

• Ask the DM’s office: "When is the next DLC meeting scheduled?"
• If they say the file is 'under process' for more than 2 months, it is time to File an RTI online to ask for the daily progress report of the application.

5. Accessing State-Specific Relief (J&K)

In Jammu & Kashmir, the Rehabilitation Council provides additional support, such as pensions for widows and orphans of victims of militancy.

• Visit the Social Welfare Department's district office.
• Check if the orphans are eligible for the 'Project Childline' equivalent or state scholarships for education.
• If the family is facing extreme trauma even years later, guide them toward Mental health helplines (iCall, Vandrevala, NIMHANS).

6. What to do if the claim is 'Time-Barred'

Many schemes have a 3-year limit for applications. However, the MHA guidelines allow the DM to recommend cases even after the deadline if 'extreme hardship' can be proven (e.g., the family was displaced or lived in a high-conflict zone with no access to offices).

• Help the family write a 'Condonation of Delay' letter explaining why they couldn't apply earlier.
• Use the Doda massacre's specific context—remote geography and lack of awareness—as a valid reason for delay.

7. Escalation to Legal Aid

If the DM office is completely unresponsive, do not give up.

• Take the family to the District Legal Services Authority (DLSA) located inside the District Court complex.
• Every DLSA has a 'Front Office' where a para-legal volunteer (PLV) or a lawyer must listen to the grievance for free.
• They can file a 'Pre-Litigation Mediation' or a petition under the Victim Compensation Scheme (Section 396 BNSS) to compel the state to pay.

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Where it usually breaks

Even with the law on your side, the "system" is often a maze of dusty files and "come back next Tuesday" excuses. Here is where the process typically stalls and how you can push through:

1. The "Missing FIR" Loophole: If the incident happened decades ago (like the 2006 Kulhand massacre), the local police station might claim the records are lost or destroyed.

   • The Fix: Don’t take their word for it. File an RTI with the District Police Headquarters (SP/SSP Office) asking for the status of the FIR number and the Final Report (FR). If it’s truly lost, you can approach the Judicial Magistrate’s court where the FIR was originally filed; they maintain independent records.

2. The "Not a Terrorist Act" Rejection: Sometimes, the police register an incident under general sections of the BNSS (murder/assault) rather than the Unlawful Activities (Prevention) Act (UAPA). The MHA compensation scheme specifically requires the incident to be certified as "Terrorist/Communal/LWE violence" by the State Government.

   • The Fix: Check the FIR sections. If it’s missing the "terrorism" tag, the family needs to move an application through a lawyer to the District Magistrate (DM) to have the incident verified as such for the purpose of the scheme.

3. The "Pendency Limbo": The DM office might say they’ve "forwarded the file" to the State Home Department, but the State says they never got it.

   • The Fix: Use the Section 6(1) RTI weapon. Ask for the "Daily Progress Report" of the file and the "Outward Dispatch Number" from the DM office. Once you have that number, you can track it at the State Secretariat.

4. Aadhaar and Name Mismatches: If the victim’s name in the FIR is "Mohd. Yusuf" but the bank account or Legal Heir certificate says "Mohammad Yousuf," the bank will freeze the ₹5 lakh FD.

   • The Fix: Get an "One and the Same Person" affidavit attested by a First Class Magistrate. Do not try to "fix" the FIR; fix the bank records using the affidavit.

Templates / script

1. RTI Template for Compensation Status

Use this if the family has applied but hasn't heard back for more than 3 months.

To: Public Information Officer (PIO), Office of the District Magistrate, [Name of District] Subject: Information regarding application for Central Assistance to Victims of Terrorist Violence.

Details required:

1. Provide the current status of the application for compensation filed by [Name of Applicant] on [Date] regarding the death/injury of [Victim Name] in FIR No. [Number/Year] of [Police Station].
2. Provide a certified copy of all file notings made by the Revenue Department and the DM’s office regarding this application.
3. If the file has been forwarded to the State Home Department or Ministry of Home Affairs, provide the dispatch number and date of the same.
4. Provide the names and designations of the officers who have dealt with this file since its submission.

2. Script for calling the District Legal Services Authority (DLSA)

If the family needs a free lawyer for the trial or to fight for compensation:

"Hello, I am calling from [Village/Town]. I am assisting the family of [Victim Name], who was a victim of the terrorist incident on [Date]. Under Section 12 of the Legal Services Authorities Act, 1987, and the NALSA (Victims of Disasters) Scheme, this family is entitled to free legal aid. We need a lawyer to [help with the compensation claim / represent us in the ongoing trial]. Please let me know the procedure to assign a Panel Lawyer to us immediately."

FAQs

1. Is there a deadline to apply for the ₹5 lakh Central Scheme? Technically, the application should be made within 3 years of the incident. However, for older cases where the family was unaware or the area was inaccessible, the District Magistrate has the power to recommend "condonation of delay" to the MHA. If you have a valid reason (like being a minor at the time), don't let the 3-year rule stop you from applying.

2. Can the family withdraw the ₹5 lakh immediately? No. Under the MHA guidelines, the money is kept in a Fixed Deposit (FD) for a minimum of 3 years. The family receives the quarterly interest to help with daily expenses. After 3 years, the principal amount can be withdrawn. This is done to ensure the family doesn't lose the entire sum to middlemen or bad investments immediately.

3. What if the victim was the sole breadwinner? In addition to the ₹5 lakh, many State Governments (like J&K) have "SRO 43" or similar policies (now updated under new civil service rules) that provide a government job to one family member or an additional monthly pension. You should check the "Social Welfare Department" portal of your specific state for "Victim Rehabilitation" schemes.

4. Does the family have to pay the lawyer provided by DLSA? Absolutely not. Legal aid under NALSA is 100% free. If a DLSA-appointed lawyer asks for "filing fees" or "chai-pani," report them immediately to the Secretary of the District Legal Services Authority located in the District Court complex.

5. What if the police haven't caught the terrorists yet? Compensation is not dependent on the arrest or conviction of the attackers. As long as the FIR confirms the incident was an act of terrorism/communal violence, the family is eligible. The "Trial" and "Compensation" are two separate tracks.

6. Is this scheme only for Jammu & Kashmir? No. This is a Central Government scheme (MHA) applicable across all of India. Whether it is LWE (Naxal) violence in Chhattisgarh, an IED blast in Pune, or a terrorist attack in Doda, the rules for the ₹5 lakh assistance remain the same.