HC considers NGO's suggestions on granting compensation to minor rape victims

The Delhi High Court on Monday took into consideration the suggestions by NGO Bachpan Bachao Andolan on granting compensation to minor rape victims. The NGO highlighted the roles to be played by the investigating officer (IO) of the case, child welfare committee, Delhi State Legal Services Authority, legal aid counsel and the prosecutor.

It also explained the parameters to be kept in mind while preparing the victim impact assessment report for interim and final compensation, preliminary assessment report for immediate aid and relief for the victim. A bench of Chief Justice D N Patel and Justice C Hari Shankar listed the matter for further hearing on September 6.

The court was hearing a plea by the NGO, seeking to consider a recent study by the Delhi Commission for Protection of Child Rights (DCPCR), which highlighted the loopholes in the effective implementation of the Protection of Children from Sexual Offences (POCSO) Act, 2012. Advocate Prabhsahay Kaur, appearing for the NGO, apprised the court of the shocking findings in the DCPCR's report on challenges faced by minor victims of rape and their families.

The Delhi government counsel said he would seek instructions on the issue. The plea, filed through advocates Shilpa Dewan and Anand Kumar, sought the court's direction to the Centre and the Delhi government to explain the reasons for the non-implementation of the Protection of Children from Sexual Offences (POCSO) Act in letter and spirit and in specific to the findings made by DCPCR in their report titled "Mapping of needs and priorities: A study of child rape victims in Delhi".

The NGO has cited the report to underline that 99 per cent of children have not received the complete compensation amount specified by the Delhi Victim Compensation Scheme, 2016. The report, released earlier this year, stated that one out of every three minor survivors is forced to drop out of school due to the social stigma and health concerns after being subjected to sexual assault.

The NGO said in the plea that the "study brings to fore the absolutely sorry state of child rape victims and their families in Delhi and the lack of assistance from government bodies, be it in the form of compensation, support persons, health and education, or legal aid". It sought the court's direction to each of the government departments to respond to the DCPCR's report and submit a concrete action plan for addressing each of the concerned point out.

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