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2022 Supreme(Del) 2186

JASMEET SINGH
X – Appellant
Versus
State of NCT of Delhi (Acting through its Secretary) – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Kriti Awasthi, Nimisha Menon.
For the Respondents: Sanjeev Sabharwal, Kanwal Jeet Arora, Aditi Gupta.

Judgement Key Points

Key Points: - The court enhanced the victim compensation from Rs. 50,000 to Rs. 10 lakhs for a minor victim under POCSO and Delhi Victim Compensation Scheme. (!) - The Special Court has exclusive authority to quantify compensation under POCSO and Rule/Act framework, with interim and final awards to be guided by Schedule; DSLSA/DLSA handle disbursal, not adjudication. (!) (!) (!) (!) - Interim compensation may be awarded at the earliest and can be more than 25% of maximum if justified, to aid rehabilitation; interim amounts must be adjusted against final compensation. (!) (!) (!) (!) - The DSLSA/DSLA are disbursal authorities and not independent adjudicators; only Special Courts/POCSO Courts quantify compensation, though the scheme envisions some role for DSLSA/DLSA in disbursement. (!) (!) (!) (!) - The final compensation must consider factors such as gravity of offence, medical treatment, educational opportunity, employment loss, relationship to offender, and other relevant factors; 50% higher limit for minors; minimum base 10.5 lakhs for rape survivors (7 lakhs plus 50% of 7 lakhs). (!) (!) (!) (!) (!) - The transitional framework notes that compensation should be maximum and promptly disbursed to prevent revictimization; there is a push for concurrent access to compensation from both Special Court and DSLSA/DLSA to maximize reach. (!) (!) (!) (!) - Interim relief provisions include immediate payments (e.g., Rs. 5,000 to Rs. 10,000) and time-bound disbursement targets (within 60 days for interim by DSLSA/DSLA). (!) (!) - The judgment emphasizes child-centric, rehabilitative justice and purposive interpretation of welfare statutes to aid victims. (!) (!)

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JUDGMENT :

JASMEET SINGH, J.

There are cries for harshest penalties but often times such cries eclipse the real plight of the victim. [ Domestic Working Women’s Forum vs. Union of India and Others Writ Petition (CRL) No. 362/93), the Supreme Court of India; 1995 (1) SCC 14]

1. The present case raises important questions regarding the child survivors of sexual abuse. Child sexual abuse (hereinafter called “CSA”) has been interpreted by the World Health Organisation (hereinafter called “WHO”) as the involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared and cannot give consent, or that violates the laws or social taboos of society. [World Health Organization, Report of the Consultation on Child Abuse and Neglect Prevention, 29-31 March. Geneva, Switzerland: World Health Organization; 1999. Document WHO/HSC/PVI/99.1]

2. In a study by Mr. Singh MM, Parsekar SS, and Nair SN, called “An epidemiological overview of child sexual abuse” it was found that about 37% of India’s population comprises children under 18, while around 53% of Indian children reported experiencing d

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