Court Orders Rs. 10 Lakh Compensation for Each Child Victim of Aggravated Sexual Assault, Emphasizing the Need for Adequate Rehabilitation
In a significant judgment by the Madras High Court, Justice A.D. Jagadish Chandira has overhauled a prior decision by a Special Court under the Protection of Children from Sexual Offences (POCSO) Act, 2012, which had failed to award sufficient compensation to three child victims subjected to incestuous aggravated penetrative sexual assault. The High Court has directed that each victim child be awarded Rs. 10 lakh, emphasizing the necessity of covering rehabilitation and therapy costs associated with their trauma-induced post-traumatic stress disorder (PTSD).
The case, initially adjudicated by the Special Court in Vellore, had sentenced the perpetrators, including the father and paternal uncle of the victims, to rigorous imprisonment ranging from three to twenty years. However, the compensation awarded was deemed inadequate, with only interim relief and fines being apportioned to the victims.
Justice Chandira stressed that the Special Court failed to account for the severe psychological impact and the long-term rehabilitation needs of the children. The judgment underscored the court's obligation under the POCSO Act and Rules to ensure victims receive compensation commensurate with the severity of their suffering and the costs of necessary psychological and medical treatment.
The Court referenced precedents such as the Supreme Court's decision in Nipun Saxena v. Union of India, which mandates compensation for victims of sexual violence, and similar cases underscoring the importance of adequate victim support. In determining the compensation amount, the court considered factors such as the gravity and duration of the abuse, the familial relationship of the offenders to the victims, and the ongoing psychological impact.
This ruling not only highlights the judiciary's role in victim support but also sets a precedent for future cases involving similar circumstances, ensuring that justice extends beyond mere conviction to encompass comprehensive victim rehabilitation.
Bottom line:-
Protection of Children from Sexual Offences (POCSO) Act, 2012 - Compensation to victims of incestuous aggravated penetrative sexual assault - Special Court under Section 33(8) of POCSO Act r/w Rule 9 of the POCSO Rules, 2020, is obligated to grant adequate compensation to victim children or record proper reasons for any denial - Compensation must consider factors like severity of the offence, expenditure on treatment, and rehabilitation.
Statutory provision(s): Section 33(8) of the POCSO Act, 2012, Rule 9 of the POCSO Rules, 2020
XXXX v. State rep. by the Inspector of Police, (Madras) : Law Finder Doc id # 2914635
