JUDGMENT :

A question of seminal importance related to the entitlement of compensation by the ‘sexual harassment victims’ under the Kerala Victim Compensation Scheme, 2017, as amended in 2021, falls for consideration in this original petition.

2. The Special Court for Trial of Offences Relating to Atrocities Against Women and Children Including POCSO Cases (Additional Sessions Court-I), Alappuzha (for short, the court below) passed two orders of similar nature (Exts.P7 and P8) directing the District Legal Services Authority, Alappuzha to pay interim compensation to the victims involved in two cases (SC Nos.848/2016 and 849/2016) pending before it. The offence involved in both cases is under Section 11, read with Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act), apart from the offences under the Indian Penal Code (for short, the IPC). Section 11 of the POCSO Act deals with the offence of sexual harassment, while Section 12 provides for its punishment. The court below, in both cases, granted interim compensation of Rs.50,000/-to each victim invoking section 357A of Cr. P.C, Section 33(8) of the POCSO Act and Rule 9(1) of Protection of C