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Synopsis

The National Commission for Protection of Child Rights (NCPCR) Chairperson, Priyank Kanoongo, on Monday, October 7, wrote to the Chief Secretaries of all States and Union Territories (UTs) to take immediate action in order to ensure the release of compensation for POCSO victims from the Scheduled Caste (SC) and Scheduled Tribe (ST).

In the letter addressed to the Chief Secretaries, the NCPCR sought direction for establishing state-specific victim compensation schemes for all eligible SC & ST victims. The Commission also asked for a compliance report to be submitted within ten days from the issuance of this letter.

This letter followed a report from the NGO "Just Rights for Children", which informed the NCPCR that during their handling of approximately 19,000 sexual abuse cases, a significant number of POCSO victims were found to belong to SC/ST communities.

Taking cognizance of the said report, the NCPCR initiated further inquiries through its "POCSO Tracking Portal," which monitors real-time cases of child sexual abuse and facilitates services like victim compensation and rehabilitation.

According to the NCPCR's portal, 5,178 POCSO victims have been registered on the portal, of which 1,546 (about 41%) are from SC/ST communities.

The data from the portal further revealed that ''in Andhra Pradesh, 41.1% of POCSO victims are from SC/ST communities; in Karnataka, this figure stood at 45%; in Punjab, it is 48.5%; in Tamil Nadu, it is 35.4%; and in Uttar Pradesh, it is 13%,'' the letter read.

In light of the aforementioned data, the NCPCR emphasized that as per the SC & ST (Prevention of Atrocities) Act, victims of atrocities are entitled to immediate compensation, either in cash or in kind, regardless of the trial's outcome. It further pointed out that despite the existing legal obligations, there exists a significant shortfall in the disbursement of compensation to these victims.

It raised concerns as to whether these SC/ST POCSO victims have received any compensation under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Additionally, the NCPCR said that it has also taken the matter to various courts, including the Supreme Court, to ensure the safety and security of POCSO victims and to guarantee that they receive their rightful compensation.

Established under the Commission for Protection of Child Rights (CPCR) Act, 2005, the NCPCR is responsible for overseeing the effective implementation of laws like the Protection of Children from Sexual Offences (POCSO) Act, 2012, and other child protection legislation.

Recently, the Delhi High Court directed the DLSAs to expedite the compensation process for the minor (POCSO) victims. The court also ordered the creation of dedicated email IDs for each district's DLSA, which will enable POCSO Courts to communicate orders of conviction or grant of interim and final compensation to survivors within 24 hours of the order's pronouncement.