Delhi High Court's Landmark Judgement Sets A Benchmark For Awarding Compensation In POCSO Cases

In a historic judgement for children who are victims of sexual abuse, on May 13 this year, the Delhi High Court increased the interim compensation granted to a young boy, Munna (name changed), by a lower court, 12 times from Rs. 50,000 to Rs. 6 lakhs. At the age of 6, Munna was molested by his own uncle, who forced him to perform oral sex. It was only after his aunt noticed a change in his behaviour and installed a CCTV camera, that the horror came to light.

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On being confronted by the family, the uncle threatened Munna and his family members of dire consequences if they brought the matter up. But Munna's mother refused to be cowed down.

She approached Bachpan Bachao Andolan, a part of the Satyarthi Movement, who helped her file the FIR and seek justice.

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The Sessions Court, Saket, had initially awarded Munna an interim compensation of Rs. 50,000. With Bachpan Bachao Andolan's intervention, Delhi High Court revised it to Rs. 6 lakhs. Today she is grateful for the enhanced compensation that will help her child.

This judgment is historic and has set a precedent and benchmark for awarding compensation in Protection of Children from Sexual Abuse (POCSO) cases, particularly male victims of sexual abuse.

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The Court directed immediate transfer of Rs. 1 lakh to Munna and Rs. 5 lakh in the next two days. In order to ensure the financial security of the child and his family, the Court directed Delhi State Legal Services Authority (DLSA) to invest Rs. 5 lakh in a fixed deposit jointly in the name of the boy and his mother.

The Court further ordered DLSA to ensure that the mother receives the interest every month.

While nothing will compensate Munna for the abuse he faced from a trusted family member, compensation is an important factor in ensuring his better future.

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