Plea to fix quantum of compensation to POCSO victims on a par with NALSA Scheme

The Madurai Bench of the Madras High Court on Thursday ordered notice to the State on a public interest litigation petition that sought a direction to the government to revise a G.O. issued for paying compensation to victims under the Protection of Children from Sexual Offences (POCSO) Act by fixing the quantum on a par with the National Legal Services Authority (NALSA) Scheme.

A Division Bench of Justices Anita Sumanth and C. Kumarappan was hearing a petition filed by a law student, F. Sharmila Banu of Sellur, Madurai. The petitioner said the Tamil Nadu government had created the Tamil Nadu Child Victim Compensation Fund in 2020, specifically for paying interim compensation and compensation to victims under the Act.

However, there was a problem with compensation fixing and disbursement mechanisms. Though a separate compensation fund was established, the compensation for the victims was not on a par with that prescribed under the NALSA Scheme. The G.O. had prescribed the minimum interim compensation of ₹20,000 and the quantum of compensation from a minimum of ₹50,000 to the maximum ₹10,00,00. However, in several cases, the compensation awarded was below the minimum prescribed amount, she said.

Formulation of a uniform compensation scheme by establishing a dedicated compensation fund under the Act was highly essential to ensure timely and standard financial relief to the victims. Till the formation and implementation of such a scheme, it was just and necessary that the State be directed to act in accordance with the Supreme Court judgement and frame its scheme as per NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018, she said.