Delhi High Court Enhances Compensation For Child Sexual Abuse Survivors From Rs 7 Lakh To 10.5 Lakh

Ordering increase in the amount of compensation for survivors of child sexual abuse from Rs 7 lakh to at least Rs 10.5 lakh under the 2018 Delhi Victim Compensation Scheme, the Delhi High Court on Thursday said that the final compensation to the victims must be the maximum amount as provided in the scheme's schedule.The schedule of 2018 scheme mentions both minimum as well as the upper limit of compensation to be awarded to victims.Justice Jasmeet Singh said that special courts will be within their rights to adjudicate and grant compensation for more than 10.5 lakhs and will also decide the final as well as the interim compensation to be granted.The court added that the compensation amount has to be awarded by the Special Court and disbursed by Delhi State Legal Services Authority (DSLSA)."The compensation as per DVC scheme provides a maximum and a minimum. The statues/ 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," said the court,While the maximum amount of compensation in rape cases is 7 lakhs as per the scheme, the court said that a purposive interpretation requires that the said sum is 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 court said.In its 45 pages verdict, the court referred to the "victimisation" of child sexual abuse survivors and observed that it "strips the survivor of their defences and ends in the survivor reliving the horror of the sexual assault."Observing that no amount of monetary compensation can undo the trauma undergone by the victim, the court said it is necessary to put money in the hands of the victim and family as the funds will not only provide a sense of safety but also cater to their immediate needs. It was observed that in order to assess the maximum quantum of compensation, the special courts must consider the facts of each case, nature of the crime, justness of the claim and the capacity of the accused to pay the compensation. "When the act provides two spectrum one minimum one maximum, the leaning must be towards the maximum. Since sexual violence derails the life of the survivor, it is important that the compensation must aid in getting the life of the survivor back on track. Adequate assistance to the survivor can go a long way in socially and psychologically empowering the survivor," the court said. Interim compensation to be paid at the earliestObserving that the interim compensation must be paid to the victims at the earliest, the court said that while no time frame has been given, however, the amount must be disbursed within a period of two months within filing of chargesheet."Since the charge sheet is a final report prepared by the investigation or law enforcement agencies for proving the accusation of a crime in a criminal court of law, the court shall form a preliminary opinion on the basis of the charge sheet. The charge sheet against an accused personis indicative that the preliminary investigation has already been completed by the police. Filing of charge sheet is indicative to prove that the child has suffered loss or injury as a result of that offence and is a victim of child sexual abuse," the court reasoned. The court added that the question of whether the accused is guilty of the offence or not is irrelevant while considering award of interim compensation, observing that the compensatory proceedings revolve around the needs of the survivor and not on the guilt of the accused.Special Courts must decide the quantum of compensationThe court also observed that only the Special Courts have the power to quantify the compensation to be awarded to the child victims and forward the same to the DSLSA for disbursal of the amount. The court also observed that DSLSA only has the power to disburse the compensation amount. "The Special Courts are not only empowered by the statute but also equipped both in terms of legal frameworks requirements and rigors of Evidence Act, CrPC, and IPC, are all applicable to Special Courts. Special Courts are authorised to administer oath, call for evidence, examine witnesses and the facts before it and undertake the entire adjudicatory process thereafter to come to a figure of compensation," the court said. It added "Hence, the Special Court is the only deciding authority for deciding the quantum of compensation. When the complainant/survivor seeks victim compensation that is in actuality a financial redress aimed at assisting survivors in rebuilding their lives after witnessing sexually violative crimes against the individual self."Directions of the court- DSLSA has to disburse 25% of the maximum amount as the interim...

Delhi High Court Enhances Compensation For Child Sexual Abuse Survivors From Rs 7 Lakh To 10.5 Lakh

Nupur Thapliyal

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