Delhi HC issues directions on disbursal of compensation to POCSO survivors
The court went on to specify that for disbursal of compensation, documents such as the survivor’s Aadhaar card and birth certificate would suffice as proof of the child victim’s identity.
“The special courts shall ensure that the victim impact assessment report is filed by the IO within two weeks,” the court added.
The Delhi High Court Tuesday held that minor victims of sexual abuse are entitled to three types of compensation under the Protection of Children from Sexual Offences (POCSO) Act – interim compensation under an existing 2018 Standard Operating Procedure (SOP), interim compensation from the special court hearing such cases, and final compensation from the special court.
A division bench of Justices Rajiv Shakdher and Amit Bansal, while hearing a Public Interest Litigation (PIL), also directed the Delhi State Legal Services Authority (DSLSA) to put in place a protocol to give child sexual abuse survivors an option to seek deletion of their biometric data after they become adults.
The court went on to specify that for disbursal of compensation, documents such as the survivor’s Aadhaar card and birth certificate would suffice as proof of the child victim’s identity. Following submission of such documents, “the DLSA [District Legal Services Authority] concerned shall, with the assistance of the investigating officer [IO], endeavour to complete verification of the documents submitted within two weeks commencing from the date of submission of the said documents,” the court added.
Once a certificate attesting to the verification is issued, “the DLSA concerned will ensure that no further objections regarding jurisdiction are raised for issuing compensation to the bank account of the child victim,” the bench directed. This would effectively mean that survivors of child sexual abuse do not have to wait for repeated verification of documents each time they are awarded compensation.
The court further directed that the jurisdiction’s deputy police commissioner will ensure that the timeline is not crossed. “The commissioner of police will issue standing instructions to all field formations” to ensure strict adherence to timelines, the court added.
Directing the DSLSA on biometric data protocol and safeguards before disbursal of compensation, the court said this data should be stored and transmitted only in encrypted form. The service provider is not to obtain access to encrypted biometric data and the decrypted or digital key is to be kept separate from the biometric data, the court added.
“The protocol put in place by DSLSA would also provide the leeway to the victim to seek deletion of his/her biometric record after attaining majority in terms of the extant legal regime,” the bench directed DSLSA.
The bench also directed the Registrar General of the Delhi High Court to ensure that the special courts established under the POCSO Act “shall communicate orders to the DLSA concerned as soon as they are passed, though not later than three working days from the date of issuance of the order, by sending a copy of the order physically and also via the official email-id of the designated court reader.”
“The special courts shall ensure that the victim impact assessment report is filed by the IO within two weeks,” the court added.
“The Registrar General will ensure that a circular is taken out whereby the addendum to the 2018 SOP is brought to the notice of all concerned, i.e., the special courts, the DLSAs and officers manning the special courts concerned… Likewise, the DSLSA will issue a circular bringing to the notice of the DLSAs concerned the directions issued via the instant judgment,” the court further directed.
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