25% compensation to victims under POCSO cases within two months of charge sheet: Delhi HC

The Delhi High Court has said special courts dealing with cases for offences under the Protection of Children from Sexual Offences Act must award 25 per cent of interim compensation to the survivors within two months of the filing of the charge sheet. It also declared the final compensation for child assault victims should not be less than Rs 10.5 lakh.

Justice Jasmeet Singh said the POCSO Rules state that compensation shall be given after registration of the FIR but do not provide a fixed time limit within which the compensation is to be disbursed.

"The POCSO Rules only give the starting point as registration of the FIR. The question of whether the accused is guilty or not is not relevant or to be considered in awarding interim compensation. The focus is the survivor. Compensatory proceedings revolve around the needs of the survivor, not on the guilt of the accused," the court said in its judgement delivered on October 20.

It also pointed out that a sustained reading of the POCSO Rules along with the objectives of the Act makes it clear that compensation is to be given as soon as the special court forms an opinion that the child has suffered loss or injury.

On a plea by the mother of a seven-year-old survivor, the court noted Rs 50,000 compensation provided by the trial court for mental trauma and bodily injury is highly insufficient and cannot be sustained. It declared that she is entitled for maximum compensation of Rs 10 lakh within four weeks as the child here was a victim of penetrative sexual assault.

Going through the Delhi Victim Compensation scheme which provided a maximum and a minimum sum, the court said, the statutes/scheme should not decide the maximum.

"The court has the power to scale up and scale down. To scale down these provisions would mean injustice to the survivors who have suffered. These are the situations which require scaling up. For instance, the compensation for ―rape, in the schedule, has been provided as 7 lakhs maximum," the bench said.

"The purposive interpretation and beneficial legislation requires the said sum of Rs 7 lakhs to be considered as a minimum base while adjudicating compensation in POCSO cases. Hence for POCSO survivors of “rape,” it should be 7 +3.5=10.5 lakhs (50% of 7 lakhs being added in POCSO cases as per DVC scheme) lakhs. The final compensation shall not be less than 10.5. lakhs," the bench added.

The bench said the special court will be within its rights and within POCSO to adjudicate and grant compensation for more than 10.5 lakhs.

The special court shall decide the final compensation amount and the interim compensation granted by the Delhi Legal Services Authority and the special court, shall be adjusted from the final compensation amount awarded by the special court, the bench added.