The Special Court has the power to award compensation to victims under the POCSO Act. The Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018 can be considered as a guideline until a specific compensation scheme is framed. The term 'compensation' includes interim compensation.

JUDGMENT

Vibhu Bakhru, J. The petitioner has filed the present petition impugning an order dated 22.07.2019 passed by the Secretary, Delhi Legal Services Authority, East Delhi (hereafter `DLSA'), whereby the petitioner's application seeking interim compensation for her minor daughters, was rejected. The petitioner also impugns an order dated 01.06.2019 passed by the learned ASJ, referring the petitioner's application for seeking further compensation to the DLSA.

2. The petitioner has two minor daughters. One of her daughters had filed a complaint with PS New Ashok Nagar, Delhi alleging that her father (the petitioner's husband) had sexually assaulted her, as well as her younger sister. She also made allegations against her paternal grandfather. Pursuant to the aforesaid complaint, an FIR (FIR bearing No. 1618/2015 under Sections 354 & 509 of the IPC read with Section 10 of the Protection of Children from Sexual Offences Act, 2012 [hereafter `POCSO Act']) was registered with PS New Ashok Nagar. At the material time, the age of the complainant was thirteen years. She had alleged that her father had been beating and torturing her as well as her sister for the past seven to eight years. She had also alleged that since the past three-four years, her father had sexually assaulted her. Subsequently, a charge-sheet were filed against the accused and they are being tried.

3. On 29.08.2018, the petitioner filed an application on behalf of her minor daughters (victims) seeking interim compensation. The Trial Court sought for a report from the Incharge, PS Ashok Nagar and after considering the same and hearing the parties, passed an order dated 14.09.2018. The Trial Court accepted the contention that the victims (the complainant and her younger sister) required immediate monetary help. Considering the facts and circumstances of the case, their poor financial condition and the trauma caused to them, the Trial Court recommended that a compensation of Rs.50,000/- be paid to each of the victims under the Delhi Victims Compensation Scheme, 2015. The said order indicates that the same was passed in exercise of powers under Section 33 of the POCSO Act read with Rule 7 of the Protection of Children from Sexual Offences Rules, 2012.

4. Admittedly, the said compensation was paid to the victims as was recommended.

5. Thereafter, on 08.04.2019, the petitioner filed a second application seeking further interim compensation. The petitioner prayed that compensation be awarded as per NALSA's Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018. The said application was opposed by the State. It was contended that since interim compensation had already been paid as recommended, no further compensation could be awarded at that stage. It was also contended that the matter regarding compensation be referred to the DLSA for consideration in accordance with law. This contention was accepted and by an order dated 01.06.2019 - which is impugned herein - the learned ASJ directed that a copy of the application for further interim compensation as well as the order dated 14.09.2018 be forwarded to the DLSA for dealing with the same, in accordance with law. The petitioner was directed to appear before the Secretary, DLSA on 03.06.2019.

6. In compliance with the aforesaid order, the petitioners/victims appeared before the Secretary, DLSA through their representative and pressed the application for interim compensation. The said application was disposed of by an order dated 22.07.2019, which is impugned by way of the present petition. DLSA held that in cases under the POCSO Act, the Special Court has the power to quantify the compensation amount after considering the provisions of the Delhi Victims Compensation Scheme, 2018. He held that since in the present case, interim compensation had been quantified and awarded by the learned Trial Court. The DLSA could not review or enhance the compensation and accordingly, by the order da