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The Hindu
The Hindu
National
B.Tilak Chandar

Where process is punishment: Seeking review of POCSO Act

In 2020, minor victims of sexual assault by their headmaster in Sivaganga district were reportedly threatened to give false evidence in court, in favour of the accused. The headmaster of a panchayat union school had reportedly sexually assaulted the minors on the school premises in 2015. A routine review of the cases registered under the Protection of Children from Sexual Offences (POCSO) Act brought to light that the headmaster and a woman Special Public Prosecutor had reportedly threatened the victims. A case was registered against them.

The mother of a differently abled girl with mental retardation from Thoothukudi district had to move the Madurai Bench of the Madras High Court for relief. The girl was sexually assaulted by her neighbour. Both interim compensation and compensation were awarded following directions from the High Court. The court observed that a separate fund — Tamil Nadu Child Victim Compensation Fund — had been established under the POCSO Act to provide interim compensation and compensation to victims. The court directed the Thoothukudi Legal Services Authority to award a compensation of ₹14 lakh from the fund. At a Mahila court in Pudukkottai district, while evidence was recorded in a POCSO Act case, the child’s name was typed in the deposition form, without the mandatory provision to conceal the identity of victims being followed. Taking note of the lapse, the Madurai Bench of the Madras High Court observed that the trial courts must adhere to the provisions.

Supreme Court ruling violated

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