CHENNAI: Taking into account various factors, including the relationship of the perpetrators, and the time and cost taken for recovering from the post-traumatic disorder and agony, the Madras High Court has ordered the state government to pay a compensation of Rs 10 lakh each to three children who were subjected to penetrative sexual assault by their own fathers.
Justice A D Jagadish Chandira passed the orders recently on the petition filed by the mother of two of the victims seeking compensation as per the provisions of the Protection of Children from Sexual Offences (Pocso) Act, as the trial court had failed to provide enhanced compensation.
The appellant had stated she was married and had two children. Her sister was married to her husband’s brother and they had one child.
The two families were staying at Riyadh in Saudi Arabia where she came to know the three children were subjected to sexual assault in 2018. Later, the two women and their children returned to the native where the sexual assault continued.
On a complaint, the police registered a case and commenced investigations.
The special court, on January 29, 2025, awarded 20 years’ imprisonment each to the two men while sentencing their brother and mother to three years’ imprisonment for sexually torturing the children.
“This court is inclined to give due weightage to the finding of fact by the trial court that the children had suffered aggravated penetrative sexual assault from than their very own father and paternal uncle – both of whom were entrusted with the responsibility of protecting them from perpetrators,” Justice Jagadish Chandira said.
“Hence, this court finds that, as strongly emphasised by the apex court, incestuous sexual violence committed by a parent is a distinct category of offence and thus, is an exceptional circumstance that mandates the grant of compensation to the victims,” the judge observed.
The judge also noted that the children had been suffering from post-traumatic stress disorder which needs continuous therapy and rehabilitation.