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 earliest

Observing 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 compensation

The 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 compensation within 60 days of filing of the chargesheet.

- Special courts shall adjudicate the compensatory proceedings, form a preliminary opinion and grant an interim compensation with primary objective to rehabilitate.

- Special courts shall award interim compensation which is 25% of the maximum awardable compensation. It can even exceed 25% of the maximum compensation as interim compensation after giving reasons.

- The interim compensation awarded by the special court and DSLSA shall be adjusted against the Final compensation.

- DSLSA, on being supplied with the charge sheet will release the funds immediately, not later than 60 days, in its confined role of disbursing the 25 percent of the maximum compensation.

- Endeavour of the Special Court and DSLSA to disburse the compensation at the interim stage will ensure maximum reach of the benefit by reconciling the essence of the Act and the Scheme.

- Every POCSO FIR will concurrently be sent to both Member Secretary DSLSA and Special Court.

- DSLSA will be also supplied with the copy of chargesheet and on the basis of the chargesheet, the DSLSA immediately and not later than 60 days, release 25% to the survivors. The same can be through the survivor or the parents to be used for the benefit, rehabilitation, integration of the survivor for the child survivor of CSA.

Monitoring Process

Noting that 99% of the survivors do not receive interim compensation, the court directed the DSLSA to file a quarterly report on the cases wherein interim final compensation has been granted and the time taken by it to disburse the said amount.

The court also directed the Special Courts to file yearly report on the number of cases in which interim and final compensation is granted.

The reports shall be filed with Registrar -General, Delhi High Court for monitoring purposes, the court directed.

What was the case about?

The court was dealing with an appeal challenging the grant of compensation of Rs. 50,000 to a 7 year old minor victim of sexual assault.

While awarding compensation, the trial court in August 30, 2019 convicted the accused under section 342 (punishment for wrongful confinement) of IPC and section 6 (Punishment for aggravated penetrative sexual assault) of POCSO Act. He was sentenced to 12 years of rigorous imprisonment and asked to pay a fine of Rs. 20,000.

Observing that the trial court failed to give any reasoning for awarding just Rs. 50,000 as compensation despite finding the accused guilty under the offences, the High Court directed DSLSA to pay Rs. 10 lakhs (10.5 lakhs less Rs. 50,000 if already paid) within four weeks.

"For the aforesaid reasons the award of compensation of Rs.50,000 for mental trauma and bodily injury is highly insufficient and cannot be sustained and is set aside," the court said.

Title: X v. STATE OF NCT OF DELHI (ACTING THROUGH ITS SECRETARY) & ANR.

Citation: 2022 LiveLaw (Del) 996

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