Delhi High Court issues directions for swift disbursal of compensation to POCSO victims

The Delhi High Court recently issued a slew of directions to improve the process of disbursal of compensation to victims of child sexual abuse under the Protection of Children from Sexual Offences Act (POCSO Act) [Abhishek Yadav v. Delhi State Legal Services Authority and Anr.]

A Bench of Justice Rajiv Shakdher and Justice Amit Bansal issued the directions as an addendum to the existing Standard Operating Procedure (SOP) framed for execution of the Delhi Victim Compensation Scheme, 2018.

"To iron out the difficulties experienced by the child victims, which sometimes do not get addressed by the existing 2018 SOP, it is thought fit to have an addendum to it in the form of Part F," the Court said.

The Court issued the directions while disposing of a Public Interest Litigation (PIL) petition filed by Abhishek Yadav, a social worker who has been working to provide support and assistance to the victims of child sexual abuse.

A child victim of sexual abuse is entitled to interim compensation under the 2018 Scheme as well the interim and final compensation awarded by the Special Court under the POCSO Act.

The directions mainly pertain to the procedure for verification of identity and bank account details of the victim.

The legal services authorities have been directed to ensure that disbursal of interim or final compensation takes place within 30 days from the date of issuance of direction by the concerned District Legal Services Authority (DLSA).

"Once verification is complete and a certificate is issued, the concerned DLSA will ensure that no further objections regarding jurisdiction are raised for issuing compensation to the bank account of the child victim," ordered the Court.

As regards the child victims who reside outside Delhi but are subjected to offences within the national capital, the Court directed that compensation must be deposited in their bank account without raising objections with regard to the bank’s location.

The Court also issued separate directions to the Delhi State Legal Services Authority (DSLSA), the Delhi Police and High Court Registrar General.

It directed the DSLSA to issue a detailed protocol regarding the procedure and safeguards for conducting biometric verification before disbursing compensation to child victims. It also issued directions for proper maintenance of the biometric data.

It further ordered the Delhi Police to ensure that the Investigating Officers (IOs) verify documents as per the SOP and ensure that all responsibilities assigned to the police department are followed scrupulously.

Further, the Court asked its Registrar General to ensure that special courts under the POCSO Act communicate their orders to the concerned DLSA within three working days, both physically and via official email.

Additionally, it directed the special courts to ensure that the Investigating Officer submits victim impact assessment report within two weeks.

Advocate Mansi Sood, Nimisha Menon and Ragini Nagpal appeared for petitioner.

Advocates Amit George, Adhishwar Suri, Ibansara Syiemlieh and Arkaneil Bhaumik represented the Delhi State Legal Services Authority.

Additional Standing Counsel Satyakam and advocate Pradyut Kashyap appeared for the Government of National Capital Territory of Delhi.

Advocates Aditi Mohan and Puru Lekhi represented the Delhi High Court.

[Read Order]