Key words :- Kerala High Court , POCSO Act , Victim Compensation .
The Court determined that the existing compensation scheme fell short in adequately compensating survivors of sexual abuse under the POCSO Act. As a result, the State has been directed to create a revised scheme specifically catering to survivors of POCSO cases.
Recently, in the case of Kerala State Legal Service Authority & Others v State of Kerala & Others , the Kerala High Court ruled that minor survivors of sexual harassment under the POCSO Act are eligible for compensation under the Kerala Victim Compensation Scheme, 2017. Justice Kauser Edappagath found that the State’s existing compensation scheme, despite a 2021 amendment, was insufficient in compensating survivors of sexual abuse under the POCSO Act. The Court noted that there was no specific compensation scheme for POCSO cases, and various sexual offences such as penetrative sexual assault, aggravated sexual assault, aggravated penetrative sexual assault, sexual harassment, and using a child for pornography were not covered under either of the two Schedules of the Kerala Victim Compensation Scheme. Consequently, the Court ordered the State to revise the scheme to encompass survivors in POCSO cases and address the gaps in coverage for sexual offences under the POCSO Act.
Exactly, the judge instructed the State government to take two possible courses of action. Firstly, they can either create a new comprehensive victim compensation scheme specifically for survivors in POCSO cases. Alternatively, they can make the required amendments to the existing Kerala Victim Compensation Scheme, 2017, to ensure coverage for POCSO case survivors. Furthermore, the High Court stated that in the absence of a comprehensive victim compensation scheme, special courts handling POCSO cases have the authority to award compensation to child survivors according to the guidelines set forth by the Supreme Court in the case of Nipun Saxena and Another v. Union of India and Others. This ensures that the survivors receive the necessary support and compensation while waiting for the formulation or amendment of the compensation scheme.
The Court reached the conclusion that “sexual assault” mentioned in one of the Schedules of the Kerala Victim Compensation Scheme would encompass “sexual harassment,” despite the explicit exclusion of minor victims of “sexual assault” under the POCSO Act in Chapter II of the Scheme. The Court based its reasoning on Webster’s Dictionary, defining “sexual assault” as the crime of unwantedly touching someone in a sexual manner. Therefore, the Court interpreted “sexual assault” in the Scheme to encompass any sexual offence against a victim, including sexual harassment. This interpretation aimed to ensure that survivors of sexual harassment, including minors under the POCSO Act, are covered under the compensation scheme.
Indeed, the Kerala High Court ruled that the State Legal Services Authority or District Legal Services Authority cannot deny compensation to child survivors of sexual harassment cases. Consequently, the petition filed by the Kerala State Legal Service Authority and Alappuzha District Legal Service Authority was dismissed. The Court also instructed that a copy of the judgment be forwarded to the Chief Secretary of the Kerala government.
During the proceedings, the Kerala State Legal Service Authority and Alappuzha District Legal Service Authority were represented by advocates Roshen D Alexander, Tina Alex Thomas, Harimohan, and Kochurani James. On behalf of the State Government, Public Prosecutor advocate P Narayanan appeared. The Court had the assistance of Amicus Curiae KK Dheerendrakrishnan throughout the case.
Written by :- RATNESH TEMBE, College :- Law Department , PIMR , Indore ., An intern under LEGAL VIDHIYA.
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