The Kerala High Court on Wednesday directed the State government to allocate necessary money to the Victim Compensation Fund to enable the Kerala State Legal Services Authority (KELSA) to clear pending claims under the Kerala Victim Compensation Scheme, 2017 without further delay.
Justice Kauser Edappagath observed that the KELSA and the District Legal Services Authorities (DLSAs) will be able to disburse compensation to victims only if necessary funds are allocated to the Victim Compensation Fund by the State government. The KELSA had informed the court that disbursement of compensation to the tune of more than ₹6 crore is pending due to non-allocation of funds by the government.
The court passed the directive while quashing the orders of the KELSA rejecting the request of the Kollam and Alappuzha DLSAs to allocate funds for paying compensation awarded by these to victims in Protection Of Children from Sexual Offences (POCSO) Act cases. The KELSA had returned the orders holding that without a recommendation from the special courts, the DLSAs cannot award compensation.
The court observed that an obligation was cast upon the criminal courts under Section 357A of the CrPC and upon the special courts under Section 33(8) of the POCSO Act read with Rule 9 of the POCSO Rules to award requisite compensation to victims in deserving cases as per the Kerala Victim Compensation Scheme, 2017 as amended in 2021 without fail. Both these provisions conferred a power coupled with a duty on the special courts to compensate and rehabilitate the victim in every criminal trial, particularly in trials relating to sexual offences. The court directed all special courts to scrupulously follow the mandates of the provisions.
The court also ordered that till the State government framed a comprehensive Victim Compensation Scheme specifically for victims of sexual offences under the POCSO Act or made necessary amendments in the existing Kerala Victim Compensation Scheme, the DLSAs can suo moto initiate preliminary verification to grant interim compensation and entertain applications for compensation directly from the victim or his/her dependents and award compensation after conducting necessary inquiry as contemplated under Clause 14 of Chapter II of the Kerala Victim Compensation (Amendment) Scheme, 2021.
The court noted that Clause 14 enabled the victim or the Station House Officer of the area to file an application for compensation, interim as well as final, at the DLSA or the KELSA physically or through the online portal of the KELSA. The clause also authorised them to initiate suo moto action to grant and award interim compensation on receipt of the copy of the FIR shared by the police authorities.
The court also directed the State Police Chief to take steps to integrate the Kerala Police’s IT system with the KELSA so that the soft copy of the FIR can be shared online with the KELSA or the DLSA concerned immediately on its registration.
