NEW DELHI: The National Commission for Protection of Child Rights (NCPCR) on Monday urged all the states and union territories to ensure the immediate release of compensation to the POCSO victims belonging to the Scheduled Caste (SC) and Scheduled Tribe (ST) communities for their proper rehabilitation.
In a letter to the chief secretaries of the states and union territories, the NCPCR Chairperson Priyank Kanoongo asked them to give a compliance report to the Commission within l0 days from the issue of the letter.
Expressing disappointment over the lack of clarity regarding paying compensation to the SC/ST children protected under the Protection of Children against Sexual Offences (POCSO) Act, 2012, he especially flagged states like Andhra Pradesh, Karnataka, Punjab, Tamil Nadu and Uttar Pradesh.
Quoting figures from its POCSO Tracking Portal, he said they have observed that 5,178 POCSO victims are registered on the portal.
Of these, 1,546 victims, constituting approximately 41%, belong to the Scheduled Castes and Scheduled Tribes (SC/ST) categories.
“Despite the availability of this data and the clear legal obligations, there remains a significant deficiency in the disbursement of compensation to these victims,” he said.
Citing data from the portal, the child rights chief said in Andhra Pradesh, 41.1% of the children identified as POCSO victims belong to the SC/ST categories.
He said the Commission has not received any information regarding whether these SC/ST victims have been compensated under the provisions of the SC and ST (Prevention of Atrocities) Act, 1989.
Similarly, he said, in Karnataka, the figure stands at 45 %, in Punjab at 48.5 %, in Tamil Nadu at 35.4%, and in Uttar Pradesh at 13%.
“Notwithstanding the unambiguous provisions of law, it remains unclear whether these SC & ST POCSO victims have received any compensation under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,” the letter said.
He said the NCPCR has approached various courts, including the Supreme Court, to ensure the safety and security of POCSO victims and to ensure the disbursement of their rightful entitlements under the POCSO Act.
As per the portal, while there are 860 SC minor victims of sexual abuse, 704 belonged to ST. From the Other Backward Caste (OBC), there were 1,141 minor victims; 714 children were from the general category, as per the portal till October 7, 2024.
Kanoongo further said “In view of the sensitivity and urgency of this matter, your good office is requested to issue necessary directions to the relevant stakeholders for the immediate release of compensation to the eligible SC & ST victims as per Ministry of Social Justice and Empowerment.. for their proper rehabilitation purpose," the letter to the Chief Secretaries of the states and UTs said.
The NCPCR also requested the states and union territories to issue directions to establish a state-specific compensation scheme for all victims, including the SC and ST ones, to ensure timely financial assistance to the children.
The Commission also recommended them to issue directions to establish a state-specific victim compensation scheme for all victims, including SC & ST victims, to ensure timely financial assistance to these children.
He said the Commission learned about the issue after being informed by the NGO 'Just Rights for Children'. The NGO told them that during their work on approximately 19,000 cases of sexual abuse, they have identified a significant number of child victims of trafficking and offences under the POCSO Act who fall under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The SC and ST Act mandates that victims of atrocities are entitled to immediate relief, either in cash or in kind, irrespective of the trial's outcome, in addition to compensation available under other applicable laws or relevant schemes.
The Commission's POCSO Tracking Portal is envisioned to monitor cases involving child sexual abuse victims in real-time and facilitate services such as victim compensation and rehabilitation for their care and protection. The states have to update the data.