NEW DELHI, July 7 (PTI): The Delhi High Court has observed that the special courts dealing with cases of sexual assault on children need not wait for an application by the victim before granting interim compensation and must initiate action at the earliest.
The high court also directed the special courts to inform the victims about their right to move an application under Delhi Victim Compensation Scheme when the case comes up for hearing.
The high court perused Rule 9 (1) of the Protection Of Children from Sexual Offences Rules which says “The Special Court may, in appropriate cases, on its own or on an application filed by or on behalf of the child, pass an order for interim compensation to meet the needs of the child for relief or rehabilitation at any stage after registration of the First Information Report. Such interim compensation paid to the child shall be adjusted against the final compensation if any.”
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Justice Jasmeet Singh said, “I may note that a bare perusal of the Rule shows that the special court on its own or on an application can pass an order for interim compensation. According to me, the special court need not wait for an application to be filed by a child victim before passing an order for interim compensation and must on its own initiate action for grant of interim compensation at the earliest.”
The court’s order came while hearing bail pleas of three persons in a case of a minor’s sexual assault.
Advocate Ajay Verma, representing the Delhi State Legal Services Authority (DSLSA), urged the court to direct the special courts to inform victims about their right to move an application under the compensation scheme in the pending cases.
“It is directed that the special courts shall inform the victims about their right to move an application under the scheme when the case comes up for hearing before them,” the high court said and listed the matter for further hearing on September 2.
Pursuant to the earlier order, DSLSA filed a status report which the court noted does not indicate the numbers or the amounts of disbursements of compensation that have been made till date to the victims.
The court asked DSLSA to file a further status report indicating the disbursements made till date to the victims.
The high court noted that there are 5,503 pending cases, which were registered between 2012 to 2017, related to POCSO Act in trial courts and 81,902 have been disposed of.
“There is no data with regard to the fact whether any compensation has been paid in those 81,902 cases. As regards 81,902 cases, Verma has drawn my attention to the SOP which is proposed to be followed in the disposed of cases,” it said.
As per the status report, as of June 30, 2022, 885 applications have been moved out of 5,503 pending cases.
Verma submitted that this was on account of summer vacation and in the next status report, the numbers would be substantially higher.
The high court noted that the report showed that South East DLSA has only moved six applications whereas there are 302 pending cases in the Southeast District.
It asked the secretary of South East DLSA to look into it and file an affidavit indicating the reasons why only six applications for compensation have been filed.
