Kerala High Court Orders Speedy Disbursement of Victim Compensation in POCSO Case

Kerala High Court Directs Swift Release of Compensation to Sexual Assault Victim

Kochi , Kerala – December 5, 2024 – The High Court of Kerala has intervened to ensure the prompt disbursement of compensation to a victim of sexual assault, who was entitled to the relief under the Protection of Children from Sexual Offences (POCSO) Act, 2012. Justice C.S. Dias presided over the matter, issuing a directive to the District Legal Services Authority (DLSA), Kozhikode, to expedite the payment within one month.

Case Background: Compensation Delayed Despite Court Order

The case arose from a writ petition (WP(C) No. 37404 of 2024) filed by the victim, identified as XXX XXX, seeking implementation of a compensation order issued by the Additional District Court & Sessions Court, Kozhikode, on August 9, 2021. The lower court, while convicting the accused in SC No.423 of 2018 (related to Crime No.58 of 2018 of Thamarassery Police Station), had mandated a compensation of ₹20,000 under the POCSO Act and the Victim Compensation Scheme. However, despite the lapse of over three years, the compensation remained unpaid, prompting the victim to approach the High Court.

DLSA Cites Misunderstanding, Pledges Immediate Action

Representing the DLSA, the counsel informed the High Court that the delay was due to a miscommunication. It was represented that the victim was contemplating an appeal against the conviction judgment. Based on this, the compensation disbursement was held back. However, the DLSA clarified before the High Court that they had no objection to releasing the compensation now. The court recorded this submission.

High Court Orders Swift Disbursement

Taking note of the DLSA’s stance, Justice C.S. Dias directed the authority to release the compensation "as expeditiously as possible, at any rate, within a period of one month" from receiving a certified copy of the judgment. The court emphasized that the payment should be made in accordance with the law and as per the compensation amount already fixed in the trial court's judgment (Ext.P1).

Implications for Victim Rights

This judgment underscores the importance of timely victim compensation, particularly in cases of sexual offences against children. The POCSO Act and related schemes are designed to provide immediate relief and support to victims. The High Court's intervention ensures that bureaucratic delays do not hinder the victim's access to rightful compensation, reinforcing the state's duty to protect and support victims of crime.

The State of Kerala, represented by various secretaries from the Government Secretariat and the Department of Woman and Child Development, were also respondents in the case. Advocates Ramesh .P, Bleimy T.Jose, Sangeerthana M., and Praveen N. Pillai represented the petitioner, while Government Pleader S.Krishna and Advocate Sunil Kumar Kuriakose appeared for the State and DLSA, respectively.