Reviewing The Adequacy Of Victim Compensation Under The Pocso Act, 2012 And Rules, 2020

Abstract

The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to safeguard children from sexual crimes and ensure justice through legal, rehabilitative, and compensatory measures. However, the victim compensation framework under the Act faces numerous challenges, including procedural delays, legal ambiguities, and inconsistencies in awarding compensation. The lack of a dedicated Victim Compensation Scheme under the POCSO Act has led to reliance on state-level schemes under Section 357A of the Criminal Procedure Code, 1973, resulting in disparities in compensation amounts across different states. Additionally, confusion persists over whether the Special Courts or the District/State Legal Services Authorities (DLSA/SLSA) have the authority to determine compensation, further delaying relief to victims.

A significant concern is the gender bias in awarding compensation, with studies indicating that male and transgender child victims receive little to no financial support compared to female victims. The dependence on support persons or NGOs for claim processing further complicates access to compensation, making it a significant challenge for many survivors. Despite judicial directives, such as those in Karnataka State Legal Services Authority v. State of Karnataka and Nipun Saxena v. Union of India, the compensation framework remains inefficient.

This paper highlights the existing gaps in the POCSO compensation system. It suggests key reforms, including the establishment of a uniform compensation scheme, time-bound disbursement of funds, and the removal of gender biases. Strengthening the compensation mechanism is crucial for ensuring justice, rehabilitation, and empowerment of child survivors of sexual abuse.