THIRUVANANTHAPURAM: The Kerala State High Court has instructed the state government to guarantee a sufficient amount in the compensation fund for the support of child victims involved in cases under the Protection of Children from Sexual Offences (POCSO) Act. This decision comes after two young individuals who were subjected to sexual violence submitted a plea to the District Legal Services Authority, requesting compensation.
The court’s ruling was in response to a petition contesting the rejection of a resolution by the district legal services authority, a decision that had been challenged. The High Court specifically mandated the prompt disbursement of funds to the petitioners, underlining the urgency of the matter. Additionally, Justice Kauser Edappagath ordered the allocation of necessary funds to facilitate the swift and complete distribution of the stipulated compensation.
Previously, the High Court had directed the Kerala state government to institute a dedicated scheme to generate funds intended for compensating victims. However, since the implementation of the new scheme has not yet commenced, the court has ruled that the responsibility for distributing compensation falls upon the District Legal Service Authority.
Furthermore, the court order emphasizes the adherence of the POCSO Courts to the provisions outlined in the POCSO Act with regard to ordering compensation. It further requires immediate notification to the Legal Services Authority in the event of an FIR being filed in cases involving sexual assault. Beyond this, the High Court has also mandated compliance with the procedural guidelines stipulated in criminal cases for the arrangement of compensation.
In addition to these directives, the court has stipulated that both the Member Secretary of the Kerala State Legal Services Authority (KELSA) and the Chairperson of the District Legal Service Authority must ensure the timely reception of compensation in POCSO cases.
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