A review of the implementation of the Protection of Children from Sexual Offences (POCSO) Act, 2012, undertaken by the National Commission for Protection of Child Rights, has thrown up some shocking numbers.
Of the 121 cases of child sexual abuse charge-sheeted in Tamil Nadu since 2012, only one victim was given interim compensation as of March, 2014.
Vidya Reddy of Tulir-Centre for the Prevention and Healing of Child Sexual Abuse told The Hindu that such a poor rate of compensation indicated the lack of awareness among the police and the affected families of the government compensation scheme.
In many of the cases handled by Tulir, the families of the victims were unaware of the provision for compensation. In several police stations across the State where this correspondent made enquiries, the inspectors did not know the modalities of the government scheme.
Victims of sexual assault, rape, murder, acid attack are entitled to compensation. Even mental agony caused to women and children due to kidnapping, human trafficking or molestation are covered.
| 1 | Section 357-A of the Code of Criminal Procedure, 1973, sets out the rules for payment of compensation to victims suffering loss or injury due to various crimes. |
| 2 | The office of the Director-General of Police is the nodal agency for disbursement of compensation |
| 3 | A committee comprising the collector and commissioner of Police is supposed to meet at regular intervals to decide on cases eligible for compensation |
A perusal of the NCPCR review documents shows 80 cases of child sexual abuse in the State were referred to the Child Welfare Committee (CWC) since 2012. Of these, 73 were referred for medical care and support, 65 for mental health support, 38 were offered protection or shelter and six provided with sponsorship services. This shows accessing medical services is not a hurdle for victims, but compensation is.
Speaking on condition of anonymity, an official of Child Line 1098 said cases were mostly referred to the CWC, which pushed for compensation once the court ordered it. “But waiting for court orders to arrive usually delays the award of compensation,” the official said.
Saraswathi Rangasamy, chairperson of the Tamil Nadu Commission for Protection of Child Rights, said that based on media reports and petitions submitted to the commission, it recommended cases eligible for compensation to the Chief Minister. “Based on our recommendations, seven victims were compensated by the Chief Minister during 2013-2014.”
However, as Ms. Reddy points out, not all cases come up before the CWC or receive media attention. “Let us not forget that the police are at the forefront of receiving and processing complaints. Therefore, the police have to streamline the process for disbursing compensation to victims in order to meet their immediate needs.”
Is anyone benefiting?
After the Supreme Court’s intervention in 2011, all State governments were ordered to set up a victim compensation fund, which will streamline funds for victims of acid attack, rape, sexual abuse and molestation. In Tamil Nadu, a scheme for compensating such victims has been in operation since 1995.
Sources in the office of Director-General of Police say Rs. 2 crore is allocated annually for the scheme, but details of how many people have actually benefited are not known.
Highly placed sources in the DGP office said an official circular on the new scheme had not been sent around to police stations. The G.O. was passed in November 2013.
S. Manonmani, district secretary of the All India Democratic Women’s Association Legal Cell, said: “Thirty-six cases of sexual assault, rape and acid attack were referred to our legal cell during 2013-14. Only six were compensated to the best of my knowledge. Only if the media or activists take up a case, compensation is awarded quickly.”
