The of Kerala has issued a stringent directive to the state government, mandating the immediate release of over ₹9.73 crore in pending . In a significant , the Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. ordered that the funds, covering 225 cases filed up to , be disbursed within a five-week timeframe. This development occurred during proceedings initially prompted by concerns regarding the lack of adequate infrastructure in mediation centers across the state, which eventually expanded to address broader administrative delays in financial assistance for victims of crime.
The court’s order reflects a deepening concern over the systemic delays that have plagued the Victim Compensation Scheme, leaving many beneficiaries waiting for essential relief. During the proceedings, it was highlighted that claims totaling ₹9,73,85,000 had remained stagnant in the
since
. The bench underscored the necessity of
, explicitly directing that,
"The Member Secretary shall henceforth ensure that victim compensation is disbursed in a timely manner."
To ensure this, the court has mandated that the Member Secretary of the
coordinate closely with the Secretaries of the various
to prevent future bottlenecks.
Mandating Swift Victim Compensation Relief
Central to the court’s decision is the introduction of a more proactive processing mechanism. The Bench has directed DLSAs to collect all necessary documentation from victims during the initial stage rather than requesting these records piecemeal. This procedural shift is designed to eliminate the common delays that occur when applications are returned for additional proof or verification. Furthermore, the Member Secretary of KeLSA has been instructed to review the status with respective district authorities on a weekly basis, with a formal report to be filed in court by the next hearing date.
The urgency of the court's stance was emphasized by the deadline set for the government.
"The State Government is directed to release the aforesaid amount, preferably within five weeks from date,"
the order specified. By setting this deadline, the
has effectively removed the discretionary latitude the bureaucracy previously held over these payments. The court has also ordered both the State government and KeLSA to file
detailing the specific steps being taken to recover disbursed funds in cases where such recovery is legally warranted, or to identify instances where
from higher forums have hindered the recovery process.
Modernizing Mediator Structures
Beyond victim compensation, the court intervened in the long-standing issue regarding the remuneration of mediators serving at the . The state government had recently issued a government order dated , which revised the rates effective from . Under the new policy, mediators are entitled to ₹4,500 per successfully settled case. In instances where connected matters are handled, mediators receive ₹750 per case, capped at ₹1,500. Additionally, for cases where no settlement is reached despite the completion of three effective hearings, a flat rate of ₹1,500 is provided.
However, the legal counsel for KeLSA argued that these rates remain insufficient and do not align with the recommendations previously submitted by the on . While the directed the government to immediately release payments at the revised rates to provide relief to mediators, it simultaneously ordered a formal reconsideration of the 2022 recommendations. The court instructed the Member Secretary of KeLSA to prepare a detailed statement for the , identifying the exact differential amount required if the higher, recommended rates were to be implemented. The has been ordered to prioritize the release of this differential once the documentation is submitted.
Oversight and Future Accountability
The court’s broad approach to this petition highlights the judiciary's role as a supervisor of administrative functions that directly impact the delivery of justice. By bridging the gap between infrastructure maintenance in mediation centers and the fiscal responsibilities of the Home and Finance departments, the is attempting to ensure that remains a viable and attractive option for citizens. The lack of proper facilities and the delayed payment of honorariums were identified as significant deterrents to the recruitment and retention of experienced mediators.
The proceedings also revealed a lack of communication between the departments responsible for the execution of these schemes. By demanding that report on both the status of victim payments and the fulfillment of mediator honorariums, the bench is fostering a framework of institutional accountability. The Secretaries of the DLSAs have been brought under the direct reporting line of the KeLSA Member Secretary for this purpose, ensuring that information flows vertically from the districts to the without unnecessary obstruction.
As the matter is scheduled to be heard again on , the state government remains under intense judicial scrutiny. The government is expected to demonstrate compliance with the five-week deadline for the ₹9.73 crore and show tangible progress on the reassessment of the mediation structure. For the petitioners and the various stakeholders involved, the orders represent a critical pivot toward a more responsive and claimant-centric administrative system. The court’s insistence on weekly monitoring of status ensures that the current directives will not remain mere paper orders, but will instead facilitate a concrete improvement in the lives of crime victims and the operational stability of mediation centers across the state.
compensation disbursement delay - mediator honorarium revision
