Kerala High Court Urges Adequate Funding for POCSO Compensation
The Kerala High Court has issued a directive to the state government to ensure the availability of sufficient funds in the ‘Victim Compensation Fund’ for cases under the Protection of Children from Sexual Offences (POCSO) Act. Justice Kauser Edappagath’s bench has instructed the government to promptly organize fund disbursement for compensation applications. This decision follows an assessment that the government needs to pay around Rs 6 crore in compensation.
The High Court’s intervention came in response to a petition challenging the State Legal Service Authority’s decision to deny compensation to two victims of sexual assault, which was initially awarded by the District Legal Service Authority. The High Court bench has ordered the immediate distribution of funds to the petitioners.
The court emphasized that until the state government devises a specific compensation scheme, the District Legal Service Authority can allocate compensation based on their investigations. Previously, the court had directed the government to establish a ‘special scheme’.
Additional Recommendations:
- Courts should adhere to the criminal procedure provisions for directing compensation in criminal cases.
- POCSO Courts should follow the compensation issuance provisions of the POCSO Act.
- Immediate notification to the Legal Services Authority is required upon filing an FIR in a sexual assault case, including those under POCSO.
- Establishing a connection between the Legal Services Authority and the Kerala Police’s IT system is crucial and should be overseen by the High Court Registrar (Computerization) and Kerala State Legal Services Authority (KELSA) Member Secretary.
- The KELSA Member Secretary and District Legal Service Authority Chairman must ensure the timely receipt of compensation in cases of sexual violence.
