Calcutta High Court orders State to pay ₹7 lakh compensation to minor who was trafficked and forced into prostitution

The Calcutta High Court recently ordered the West Bengal government to pay compensation of ₹7 lakh to a minor survivor of human trafficking and rape [X vs State of West Bengal]..Single-judge Justice Moushumi Bhattacharya passed the order on May 4 after it was informed that though the State had dispatched the compensation amount, the survivor was yet to receive the same.The survivor was trafficked from Kolkata and forced into prostitution in Maharashtra's Pune district. She was, however, rescued by the police and she moved the Court seeking compensation.The bench noted that the District Legal Services Authority (DLSA) had decided to pay the survivor an amount of ₹1,50,000 for both rape and trafficking. It noted that the said amount was decided to be paid under the West Bengal victim compensation Scheme, 2017. However, she sought a compensation of over ₹7 lakh as provided under the National Legal Services Authority (NALSA) Compensation Scheme for Women Victims, Survivors of Sexual Assault and other Crimes, 2018.In an earlier hearing held on April 4, the bench had clarified the schemes of NALSA are made to benefit all (women) survivors of crimes regardless of the State in which they are located. The Court was, however, informed on April 19 that only West Bengal is yet to implement the said scheme across the country. .On April 26, when the matter was heard, the counsel representing the State submitted that the necessary steps have been taken by the Finance Department and the sanction of funds is pending approval.However, the Court was of the view that the survivors cannot be made to wait like this. "Be that as it may, this court is of the view that the petitioner/victim before the court cannot be asked to wait until the funds are sanctioned by the State Government and reach the Judicial Department. The State shall hence pay a sum of ₹7 lakhs to the petitioner within seven days from date and file a compliance report in the form of an affidavit on the next date of hearing," the bench had then ordered.However, on the latest hearing held on May 4, it was informed that the compensation amount is yet to reach the survivor. It then proceeded to direct the State to ensure that the amount reaches the survivor..Advocates Kaushik Gupta and Arijit Bhusan Bagchi appeared for the Petitioner.Advocates Debasish Ghosh and Debapriya Chatterjee represented the State..[Read Order]