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Supreme Court Issues Notices Over Lack of POCSO Act Compensation

Supreme Court Issues Notices Over Lack of POCSO Act Compensation

The Supreme Court of India has issued notices to the central government, the Ministry of Law and Justice, and the National Commission for Protection of Child Rights (NCPCR) in response to a significant petition. This petition demands the implementation of a proper compensation scheme under the Protection of Children from Sexual Offences Act (POCSO Act).

New Delhi: Expressing serious concern over the lack of adequate compensation, rehabilitation, and welfare schemes for child sexual abuse victims under the POCSO Act, the Supreme Court has sought a response from the central government, the Ministry of Law and Justice, and the NCPCR. A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma issued the notice on May 23rd in response to a petition demanding a comprehensive compensation plan that addresses the mental, emotional, educational, and economic needs of the children.

What are the Petition's Demands?

The petitioner's senior advocate, Pragyan Pradeep Sharma, informed the court that a draft compensation, rehabilitation, welfare, and education scheme for POCSO victims was prepared by the Supreme Court registry in 2019. This scheme could have been a significant step towards the holistic rehabilitation of victimized children, but regrettably, the central government took no concrete action and stalled its implementation.

Sharma also pointed out that many states continue to fail to provide compensation under the scheme issued by the National Legal Services Authority (NALSA) in 2018. He argued that this NALSA scheme fails to meet the practical needs of the children.

Court's Questions and Concerns

During the hearing, Justice Nagarathna requested a list of the 12 children involved in the petition and inquired whether they had received any compensation. Upon learning that they had received nothing, the court described the situation as ironic. The court also questioned whether any specific compensation scheme exists for children under the Bharatiya Nyaya Sanhita (BNS) or the Code of Criminal Procedure (CrPC). Advocate Sharma clarified that currently, no such separate scheme specifically applies to children.

Worrying Situation in States

The petition highlighted that in almost all states, the process of providing compensation to POCSO victims is either non-existent or extremely slow. Despite numerous applications and repeated requests, neither compensation has been provided nor have concrete steps been taken regarding the education or rehabilitation of the children. Rape victims aged 4 and 8 years are still awaiting justice, a situation that not only reflects the failure of the justice system but also tests social sensitivity.

Next Hearing on August 18th

Considering the matter of utmost importance, the Supreme Court has scheduled the next hearing for August 18th, 2025. The court clarified that judicial intervention is necessary on this issue and that monitoring of the compensation process is also crucial. It is hoped that the Supreme Court will issue concrete directives to ensure that children victimized under the POCSO Act receive timely justice and assistance across the country.

This case is extremely important not only from a legal perspective but also from a humanitarian one. While the government proclaims the safety and welfare of children, it ignores those who have been victims of the most horrific crimes. The failure to immediately implement compensation schemes, rehabilitation centers, and mental health services would represent not just a failure of policy but a lack of compassion.

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