DSLA can suo motu take steps to grant compensation to minor survivors under POCSO Act: Kerala High Court

The Kerala High Court on Wednesday held that the District Legal Service Authority (DSLA) can suo motu take steps to grant compensation to the survivors of sexual offences under the Protection of Children from Sexual Offence Act, 2012 (POCSO Act)..Justice Kauser Edappagath clarified that such steps can be taken after conducting necessary enquiries under the Kerala Victim Compensation Scheme, 2017 and there is no requirement of recommendation of a court. .He added that this position can continue until the State government frames a Victim Compensation Scheme specifically for the survivors of sexual offences under the POCSO Act or makes changes in the existing Kerala scheme..Justice Edappagath also ordered the State government to allocate a necessary funds to the Victim Compensation Fund to enable the Kerala Legal Services Authority (KeLSA) to clear pending compensation claims without further delay..Notably, in another judgment pronounced earlier this month, the Court had ruled that minor survivors of sexual harassment under the POCSO Act are also eligible for compensation under the Kerala Victim Compensation Scheme, 2017.At the time, the Court had noted that the present scheme is inadequate when it comes to compensating survivors of POCSO offences. The Court had, therefore, ordered the State to introduce a revised scheme to cover compensation for such persons. .This concern was reiterated in the judgment passed on August 16 while dealing with petitions filed by two minor survivors of sexual harassment under the POCSO Act..Background.The two survivors had approached the High Court after they were denied compensation by KELSA even though the DSLA had approved their applications for compensation. KELSA had refused to allot the compensation on the ground that the survivors had applied for compensation directly before the DSLA and not after a recommendation by a judicial court..The High Court held that KELSA was absolutely wrong in rejecting the claims and ordered the award of compensation to both petitioners. .The Court noted that under the Kerala Victim Compensation Scheme (as amended in 2021), the DLSA or KELSA is also generally authorised to suo motu grant compensation in cases involving sexual offences. Pertinently, the Court acknowledged minor victims of sexual offences under the POCSO Act are excluded from this scheme, as noted by the Court on August 1. However, in this case, the Court found that Section 376 of the Indian Penal Code (punishing rape) was charged against the accused. As such, the judge found that the two survivors were covered by the Kerala Victim Compensation Scheme.."Hence DLSA, in both cases, was well within its power to award compensation to the petitioners," the Court held..Another concern raised in this case was that the KELSA was unable to process such direct applications to award compensation as the police do not send a copy of the First Information Report (FIR).The High Court, therefore, directed the State Police Chief to ensure that FIRs in cases covered by the Kerala Victim Compensation Scheme as well as POCSO Act cases are immediately reported to the KELSA or DLSA.The State Police Chief was also ordered to take steps to integrate the Kerala State Police IT system with KELSA. This is so that a soft copy of the FIR can be shared online with KELSA or the DLSA immediately upon its registration. .Before parting with the matter, the High Court also stressed that trial courts, including special courts dealing with POCSO offences, must ensure that provisions concerning the grant of compensation to victims of sexual offences are complied with. "It is unfortunate to notice that the Courts in the State often fail to award compensation to the victims as in the instant two cases ... it is incumbent on the Criminal Courts/Special Courts to scrupulously follow the mandate of Section 357A of Cr.P.C., Section 33(8) of the POCSO Act r/w Rule 9 of the POCSO Rules," the Court remarked. Advocates Ramesh P and Fathima Nargis KA represented the two survivors. Additional Public Prosecutor P Narayanan and advocates Roshen D, Alexander D, Tina Alex Thomas, Harimon and Kochurani James represented the State authorities. Advocate KK Dheerendrakrishnan assisted the Court as amicus curiae..[Read Order]