Delhi High Court enhances compensation for sexual abuse victim from ₹85k to ₹10.5 lakhs

Compensation for victims of sexual abuse is an essential part of justice and is meant to help the victim become whole again, observed the Delhi High Court recently while increasing the compensation awarded to a girl who was sexually abused for years by her father.

Justice Manoj Kumar Ohri concluded that the victim was entitled to ₹10.5 lakhs as compensation, and ordered that an additional ₹9.65 lakhs be paid for the victim's benefit, in addition to the ₹85,000 that was already paid earlier.

The Court passed the order after noting that the victim, who was 17 years old when the crime was reported in 2018, had undergone severe mental trauma and had been subjected to years of aggravated sexual assault at the hands of her father.

"Compensation to the victim is an essential part of curing justice. Compensation not only provides monetary relief but is also an act which seeks to make a person whole again so that the victim can take steps for rehabilitation and start afresh," it further observed.

The matter concerned a criminal case registered in 2018 under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

A man was arrested in December that year for sexually abusing his daughter. He later died by suicide while the criminal trial was pending. This brought a close to the trial court proceedings.

In the meanwhile, the victim was given ₹75,000 as interim compensation. Later she was granted an addition ₹10,000 as compensation, taking the total compensation paid to ₹85,000.

This was challenged before the High Court. The victim's lawyer argued that the compensation awarded by the special court was woefully inadequate, considering the trauma undergone by her.

It was also submitted that the mother of the victim was the sole breadwinner in her family who earns a paltry sum of ₹7,000 per month which is barely sufficient to sustain the family comprising herself, her daughter (victim) and son.

The Court agreed such an amount was insufficient to raise a family of three. The Court further noted that on account of mental trauma and financial distress, the victim had to leave her schooling for a period of one year.

Noting that the victim needs to be able to pursue higher education and in order to take steps towards improving her well-being, the Court held that the further compensation needed to be paid.

The Court further observed that although the offence of 'aggravated sexual assault' is not listed in the Delhi Victim Compensation Scheme, 2018, (DVC Scheme), the compensation earmarked for victims of 'unnatural sexual assault' could be used as a reference determine the quantum of compensation in this case.

"The minimum limit of Compensation to be awarded for ‘Unnatural Sexual Assault’ is Rs. 4 lacs while the upper limit of the compensation that can be given is Rs. 7 lacs ... this Court is of the opinion that the maximum compensation is to be treated as the minimum compensation which can be given," the Court added in its September 5 order.

Further, the Court noted that since the victim had been a minor, the minimum and maximum limits of compensation to be awarded would be 50 per cent higher.

Thus, it enhanced the compensation bracket from ₹ 4 - ₹6 lakhs to ₹7 - ₹10.5 lakhs.

It proceeded to hold that the victim was entitled to ₹10.5 lakhs as compensation and directed the Delhi State Legal Services Authority (DSLSA) to complete the compensation payment within four weeks.

Advocates Rohit Bhardwaj and Shiv Nath Sawhney appeared for the petitioner-victim.

Assistant Public Prosecutor Laksh Khanna appeared for the State.

Advocates Amit George and Arkaneil Bhaumik represented the Delhi Legal Services Authority.

[Read Order]