In the absence of specific rules, the court allowed the use of NALSA’s Compensation Scheme as a guideline for awarding compensation to child victims of sexual abuse under the POCSO Act, emphasizing the gender-neutral nature of the legislation and the need for special consideration of the victim's circumstances by the Special Judge.

ORDER :

1. Subsequent to our order dated 10th August, 2018, the Committee has looked into the suggestions made to the Victim Compensation Scheme and now finally the Guidelines have been placed before us under the heading of NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes-2018.

2. It has been brought to our notice that as far as children are concerned, no Scheme of this nature has been framed with regard to the victims of sexual abuse under the provisions of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”).

3. Section 33 of the POCSO Act deals with the procedure and powers of the Special Courts. Our attention has been drawn to Section 33(8) of the POCSO Act. This reads as follows:

“(8) In appropriate cases, the Special Court, may in addition to the punishment, direct payment of such compensation as may be prescribed to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child.”

4. Section 45 of the POCSO Act deals with the rule making power and it refers, inter-alia, to the payment of compensation under sub-section (8) of Section 33 of the POCSO Act.

5. Our attention has also been drawn to Rule 7 of the Protection of Children from Sexual Offences Rules, 2012. This Rule reads as follows:

“7. Compensation - (1) The Special Court may, in appropriate cases, on its own or on an application filed by or on behalf of the child, pass an order for interim compensation to meet the immediate needs of the child for relief or rehabilitation at any stage after registration of the First Information Report. Such interim compensation paid to the child shall be adjusted against the final compensation, if any.

(2) The Special Court may, on its own or on an application filed by or on behalf of the victim, recommend the award of compensation where the accused is convicted, or where the case ends in acquittal or discharge, or the accused is not traced or identified, and in the opinion of the Special Court the child has suffered loss or injury as a result of that offence.

(3) Where the Special Court under sub-section (8) of section 33 of the Act read with sub-sections (2) and (3) of section 357A of the Code of Criminal Procedure, makes a direction for the award of compensation to the victim, it shall take into account all relevant factors relating to the loss or injury caused to the victim, including the following:

(i) type of abuse, gravity of the offence and the severity of the mental or physical harm or injury suffered by the child.

(ii) the expenditure incurred or likely to be incurred on his medical treatment for physical and/or mental health.

(iii) loss of educational opportunity as a consequence of the offence, including absence from school due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason.

(iv) loss of employment as a result of the offence, including absence from place of employment due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason.

(v) the relationship of the child to the offender, if any.

(vi) whether the abuse was a single isolated incidence or whether the abuse took place over a period of time.

(vii) whether the child became pregnant as a result of the offence.

(viii) whether the child contracted a sexually transmitted disease (STD) as a result of the offence.

(ix) whether the child contracted human immunodeficiency virus (HIV) as a result of the offence.

(x) any disability suffered by the child as a result of the offence.

(xi) financial condition of the child against whom the offence has been committed so as to determine his need for rehabilitation.

(xii) any other factor that the Special Court may consider to be relevant.

(4) The compensation awarded by the Special Court is to be paid by the State Government from the Victims Compensation Fund or other scheme or fund established by it for the purposes of compensati