Compensation Denied, Justice Delayed: The Silent Wails Of POCSO Victims

NDTV

17 hours ago

New Delhi: While examining a series of judgments under the Protection of Children from Sexual Offences (POCSO) Act across states for a PIL on rehabilitation and compensation to the child victims of sexual assault, I was appalled by a glaring omission. In a substantial number of cases, compensation did not form part of the judgment, despite its statutory recognition as a critical component of restorative justice. In others, the compensation amount was as paltry as Rs 50,000 that completely disparaged and belittled the victim's right to restitution and rehabilitation.
In particular, I recalled two cases that are etched in my memory owing to the magnitude and unconcern towards the victims' sufferings.
In the first, a 5-year-old child was brutally raped by a 50-year-old villager. Despite the accused being sentenced to life imprisonment and over six years having passed since the crime, the child victim received no compensation or support. This delay starkly violates the POCSO Act's mandate for compensation disbursal within 30 days, highlighting a gap between law and lived reality.
In another case, the Court adequately gauged the gravity of the offence and the distress of a 13-year-old victim of rape and resultant pregnancy, however, the state machinery fell short. The victim, who has now turned 18, was forced to abandon her education to raise her child (now 4 years old) without any familial support, as her father had passed away. Despite the lapse of five years, and award of interim compensation of Rs 1,50,000, nothing has not been disbursed to her as of today.
These cases are not an exception, but emblematic of the systemic denial of justice to POCSO survivors across India.
Statutory Framework and Evolution
Compensation did not always form a part of the justice framework. Historically, any form of reparation to victims came from the fines imposed on the offenders. In 1973, Section 545 of the CrPC was amended enabling the courts to grant compensation even in the absence of fines. Reforms through 154th Law Commission Report (1996) and Malimath Committee Report (2003) further bolstered restorative justice to victims, mandating states to establish 'Victim Compensation Schemes.
Recognising the need for a special framework for child victims of sexual offences, the Legislature enacted the gender-neutral POCSO Act, 2012, ensuring time-bound trials and rehabilitation.
The POCSO Act empowered Special Courts to direct payment of compensation to the victims, and mandated Special Courts to award interim compensation to the child victims. It also required the state government to disburse the compensation within 30 days of receiving the order. Yet, compensation remains undisbursed for extended periods, at times even for 6-7 years, diluting the very purpose of restorative and rehabilitative justice.
Judicial Recognition and Persistent Gaps
The Hon'ble Supreme Court also expanded the scope of Article 21 by recognising victims' right to monetary compensation through various landmark judgments. Khatri v. State of Bihar and Rudul Sah v. State of Bihar were the first to lay the foundation of 'compensation' as a public law remedy under Article 32 and 226 of the Constitution. The principle of compensatory justice was reinforced in Nilabati Behera v. State of Orissa and D.K. Basu v. State of West Bengal. Accordingly, States' liability, in cases of breach of fundamental rights, especially with respect to Article 21 of the Constitution, was fastened. As a result, victim compensation became an intrinsic part of the justice delivery framework of India.
However, there still remains an absence of a dedicated scheme for the child victims under POCSO. Noted by the Supreme Court around 7 years ago in Nipun Saxena Vs. Union of India, the top court mandated that the Compensation Scheme for Women Victims/Survivors of Sexual Assault and Other Crimes by NALSA be extended to POCSO victims, until a compensation scheme for children is notified. The states too were directed to immediately adopt the Scheme. However, till date many states have either failed to or have partially adopted the scheme.
The Hon'ble Supreme Court once again in In Re Alarming Rise in the Number of POCSO Cases, took suo-motu cognizance of the alarming surge in child rape cases and the dismal rate of disposal under the POCSO Act. Among various systemic deficiencies highlighted by the Court, an appalling number stood out: only 1 per cent of the total POCSO victims were awarded compensation. This yet again pointed to the chronic non-implementation of victim compensation schemes that are not uniform across states.
To address these lacunae, a draft scheme for Compensation, Rehabilitation, Welfare and Education of POCSO victims, 2019 was placed before the Hon'ble Court, seeking immediate and uniform implementation across jurisdictions. Unfortunately, despite its comprehensive scope, the scheme could not be implemented, largely due to the COVID-19 pandemic and lack of prioritisation. As the situation remained unaddressed, in 2024 the High Court of Bihar also reaffirmed the lack of compensation scheme specific to POCSO victims in the state.
Delhi High Court in Manish Vs State expressed grave concern over 87405 cases of sexual abuse (inclusive of POCSO during 2012-17) that were not referred by the Delhi Police to DSLSA. Resultantly, thousands of victims were bereft of their rightful compensation. Despite the High Court's efforts to locate victims and process the compensation, only a fraction received the actual disbursement.
Endless Wait for Justice
Unlike the cases of motor accidents, acid attacks, and atrocities against Scheduled Castes and Scheduled Tribes, there exists no uniform compensation framework specifically for child victims under POCSO. It's ironic that while adult victims of other crimes benefit from well-structured schemes, child survivors of sexual violence are left in bureaucratic limbo.
This has left a gaping hole in the justice delivery framework for children. In the absence of the scheme, compensation decisions are left to judicial discretions; often ending in no award at all or an inadequate amount that fails to meet the gravity of harm suffered by child survivors.
Regrettably, many Special Courts continue to treat compensation as contingent to conviction of the accused, an approach that runs contrary to both statutory provisions and judicial interpretation. The distinction between establishing the commission of a crime and proving the identity of the offender needs to be understood on paper and in practice by our judicial system.
Another issue is that the POCSO Special Courts are often hesitant in awarding compensation. The common reasons flagged include doubts regarding alleged falsity of complaints, coupled with the victim's turning hostile during trials.
International framework on POCSO Compensation
Interestingly, Countries like United Kingdom, New Zealand and Australia have adopted a uniform and standardised scheme of compensation that is completely independent of conviction or the trial outcome. The process triggers automatically upon registration of the case, as opposed to manual filing in India. In United States and Australia, compensation also includes long-term counselling, education, relocation, vocational support with mental therapy, health care and other welfare benefits.
Way Ahead
Over time, India's efforts are reflective of developing a robust legal framework to protect sexual assault victims and support their rehabilitation and reintegration.
Nearly 13 years after the enactment of the POCSO Act, the nation still falls short of fulfilling a basic promise to its children—the right to fair and time-bound compensation for victims of sexual offences. The glaring inadequacies in the current victim compensation framework call for urgent reforms to ensure justice and meaningful support for survivors.
A National and Uniform POCSO Victim Compensation Scheme must be notified, based on the 2019 Draft, with comprehensive coverage for psychological therapy, trauma counselling, residential support, and educational rehabilitation. A Centralised Compensation Portal, integrated with the Crime and Criminal Tracking Network System (CCTNS) and National Judicial Data Grid (NJDG[9]), should be established to enable real-time transparency in disbursal timelines. Courts must award compensation based on the nature and severity of harm, irrespective of the trial's outcome. Interim compensation—set at 25 per cent of the final amount—must be determined and disbursed within 30 days of the FIR, while final compensation must be awarded immediately after the victim's testimony, which should be recorded within 60 days of the chargesheet. A nationwide POCSO Victim Compensation Scheme is not just overdue—it's a constitutional and moral imperative.
Rehabilitation is a process through which a victim turns into a survivor. For a victim to wait indefinitely to access this fundamental right is a colossal travesty of justice. Yet, when the state fails to fulfil this cardinal duty, would this not amount to a breach of its constitutional obligation as parens-patriae; the protector of children in distress?
(Rachna Tyagi, is a General Counsel at Just Rights for Children and Partner Ethicus Legal and Consulting Solutions).