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Section 7 of Aadhaar Act
Section 7 of Aadhaar Act
As per provisions in the Aadhaar and Other Laws (Amendment) Act, 2019, the State
Governments may take the following steps to issue notifications under Section 7 under their
specific schemes which are funded out of Consolidated Fund of the State:
a. The State Governments may first identify the schemes for use of Aadhaar where
‘benefits’ are given to the ‘individuals’, and ensure that the schemes fulfil the criteria of
being eligible under Section 7 of the Aadhaar Act, as per the judgement of the Hon’ble
Supreme Court dated 26th September, 2018. (Justice K.S. Puttaswamy v Union of
India)
b. Thereafter, a draft notification for the specific scheme, and vetted by the Legal
Department of the State Government before publishing it, as per the extant procedure.
Therefore, KSLSA (Karnataka State Legal Services Authority) being the official legal
department of the State of Karnataka, the notifications have to be vetted and examined by
the authority.
1. CVCF was set up to support and supplement the existing victim compensation schemes
of different States/UTs. It was set up with an initial corpus of 200 Crore, sanctioned by
the Ministry of Finance.
The main source of revenue for this scheme is from the ‘Nirbhaya Fund’ as well as it is
supplemented with an option of receiving funds as contribution from the Public.
2. Section-357A provides that every State Government in coordination with the Central
Government shall prepare a scheme for providing funds for compensating victims or their
dependents who have suffered loss or injury and require rehabilitation.
When a recommendation is made by the court, the District Legal Service Authority or
State Legal Service Authority shall decide the quantum of compensation to be awarded,
under the scheme.
Nipun Saxena vs Union of India (11 Dec. 2018) - By noting drawbacks of existing schemes, the
apex court found it fit to direct the National Legal Service Authority (NALSA) to frame a
scheme for victims of sexual offences including the offences falling under the Protection of
Children against Sexual Offences Act. (POCSO)
Therefore, the source of fund derived for compensating the victims is not from the consolidated
fund of India.