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Pushes State on Victim Aid Payments and Mediation Overhaul
In a significant push for justice delivery, the has recorded the state government's sanction of massive funds to clear long-pending victim compensation arrears and mediator fees, while flagging ongoing infrastructure gaps in mediation centres. The of Chief Justice Soumen Sen and Justice Syam Kumar V.M. issued directions in (linked with ), emphasizing urgent reforms amid fiscal and administrative hurdles.
From Alert to Funding Breakthrough
The High Court initiated this on its own motion, highlighting the lack of proper infrastructure in mediation sub-centres across Kerala . Petitioners sought directions for essentials like infrastructure per Ext P3 , support staff, and office stationery. Last week, on , the court issued a stern warning: failure to release dues to the Victim Compensation Fund and mediators within a week could lead to attaching state treasury accounts—a rare judicial hammer.
Respondents include the (Chief Secretary and Home Department), (Ministry of Law & Justice), , , and . The case underscores systemic delays: the Victim Compensation Fund, framed eight years ago, remains non-operational despite the state being one contributor among many.
State's Fiscal Plea Meets Judicial Scrutiny
The Additional Chief Secretary, Finance Department , filed a key affidavit on , detailing the crunch. The state has shouldered victim compensation from its own coffers due to the fund's dormancy, but cited prevailing fiscal constraints as unsustainable. Despite this, it authorized ₹36.50 crores via G.O.(Rt.) No. 2945/2026/Fin () for reported claims, with ₹12.25,99,000 specifically for mediator honorarium arrears up to (G.O.(Rt) Nos. 2914 & 2954/2026/Fin).
KeLSA raised concerns over a circular potentially blocking disbursals post-, but the Senior Government Pleader clarified via affidavit: funds, including a reallocated ₹56.5 lakhs (March 21), stand cleared. No fresh proposals for post-2025 honorarium pend, though substantial current-year sanctions total ₹12.26 crores, as media reports confirmed.
Infrastructure Woes Still in Spotlight
While payments advance, mediation centres' physical setup lags. The High Court's counsel noted an affidavit on infrastructure issues would be served same-day, prompting the state to respond likewise. and counsels like , , and others argued the nuances.
No precedents were cited in this interim order, focusing instead on administrative enforcement under .
Key Observations
"The Government is only one among several contributors to the said Fund and although orders have been issued for its constitution, the Fund has not been operationalised even after a lapse of eight years from the framing of the Fund Rules."
"The Finance Department has authorised an amount of ₹36.50 Crores for settling the claims reported to the Government... ₹12,25,99,000/- towards full settlement of arrears upto 31 December 2025."
"A sum of ₹56.5 lakhs, which has already been reallocated on 21 March 2026, shall also be permitted to be disbursed notwithstanding the Circular dated 15 March 2026."
Roadmap Ahead: Affidavits, Virtual Hearing, and Accountability
The Bench directed: - State affidavit on infrastructure. - KeLSA affidavit on fund utilization. - Finance Secretary's virtual appearance on . - Matter listed that day.
This interim order eases immediate payment logjams, potentially disbursing aid to victims and retaining mediators—vital for Kerala's ecosystem. Yet, it signals deeper scrutiny: operationalizing the fund, staffing mediation centres, and sustaining legal aid amid budgets. For victims awaiting redress and a mediation network serving courts statewide, March 30 looms large.
(Interim order dated ; sources include court judgment and contemporaneous reports on G.O.s and court remarks.)
