MADURAI: The Madurai Bench of the Madras High Court on Thursday sought a counter affidavit from the state government on a Public Interest Litigation (PIL) petition filed by a law student, seeking the revision of a 2020 G.O., on the creation of Child Victim Compensation Fund for Pocso victims, to align with the National Legal Services Authority (NALSA) compensation scheme, 2018.
Litigant F Sharmila Banu of Madurai stated in her petition that the compensation prescribed in the G.O. is less than the minimum threshold fixed by the NALSA in the above scheme.
As per the G.O., passed on October 3, 2020, the minimum interim compensation prescribed is Rs 20,000 and the final compensation ranges from Rs 50,000 to Rs 10,00,000. But under the NALSA scheme, a victim is eligible for combined compensation falling under multiple categories of victimisation, such as penetrative sexual assault, injuries, pregnancy, loss of foetus, and death of victims, she said. NALSA has fixed separate minimum and maximum compensation amounts for each category, she added.
Besides, NALSA guidelines also provide for 50% enhancement of compensation in case of minor victims, which is absent in the G.O., she said, and sought direction to revise it. Also, alleging that many Pocso courts grant lesser awards than the minimum compensation fixed under the GO, she sought direction to the Registry of the Madras High Court and the Madurai Bench to issue suitable communication to the presiding officers of all Pocso Special Courts to strictly follow the compensation norms stipulated in the NALSA scheme.
A bench of justices Anita Sumanth and C Kumarappan issued notice to the authorities concerned and adjourned the case to December 8.