The Delhi High Court has granted interim compensation of ₹6 lakh to a six-year-old boy, who was subjected to sexual assault, abuse and sodomy by his uncle in the victim’s own house.
“Since the system cannot turn the clock back nor ‘undo’ the offence, there is little else the court can do other than prosecute the offender and provide to the victim whatever psychological security and sense of empowerment that monetary compensation can give,” Justice Anup Jairam Bhambhani rued.
The court also set aside the initial compensation of ₹50,000 awarded to the boy by a trial court here saying that the sum was low, to say the least. The High Court said that while attempting to quantify the compensation payable to the victim even at the interim stage, the court’s effort should be to offer monetary recompense, to the extent possible, for atonement of the crime.
The court noted that the child was subjected to physical and mental trauma and emotional scar was left on his psyche.
The prosecution of the accused in the 2020 case is under way and at the stage of recording evidence.
The court also noted that the victim belonged to an extremely weak financial background with a mother who works as a housemaid and a bedridden father and the family’s monthly household income is about ₹6,000 in which four members are to sustain.
Advocate Prabhsahay Kaur, representing the child, argued that the Additional Sessions Judge has failed to appreciate that even at interim stage the compensation is to be granted to a minor who is victim of sexual abuse to enable him or her and the family to overcome the incident. She said the child needs to be compensated for the damaging effect on the victim’s psyche and to help rehabilitate him or her into the society, for relief and rehabilitation and not merely to cover for the expenses to be incurred for the time being.
The HC directed the Delhi State Legal Services Authority (DSLSA) to disburse the amount to the child and clarified that the interim compensation shall be subject to adjustment against the final compensation awarded by the trial court on conclusion of the trial.
“It is not hard to see that apart from the actual expenses that would be incurred for the petitioner’s psychological counselling and treatment at a specialised institution like IHBAS, as recommended by the Child Welfare Committee in its report, it would also be necessary to put money in the hands of the petitioner’s family, to arrange for the petitioner to safely attend the school he was attending earlier or some other school and to cater to his educational needs,” the court said.
