When Justice Must HealMunish Kumar Gaur Advocate, Former Civil Servant

In recent years, there has been a disturbing rise in cases where innocent girl children are lured, kidnapped, and subjected to sexual offences. These crimes are not merely acts of individual depravity; they reveal deeper systemic failures ranging from lack of awareness among parents and children to social vulnerability and, at times, inadequate responsiveness from institutions entrusted with protection. Children, particularly those belonging to economically weaker and lower middle-class families, remain the most exposed to such risks. Illiteracy, absence of awareness, and lack of social support mechanisms make them easy targets for offenders who exploit trust and innocence. For many such families, the pursuit of justice appears distant due to financial constraints and procedural complexities.

India, however, is not bereft of a strong legal framework. The challenge lies not in the absence of laws, but in their awareness, accessibility, and effective implementation. The Protection of Children from Sexual Offences (POCSO) Act, 2012 provides a comprehensive mechanism to criminalise and prosecute sexual offences against children while ensuring child-friendly procedures for reporting, investigation, and trial. Complementing this framework are the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita, which reinforce provisions relating to kidnapping, trafficking, and procedural safeguards for victims. Further, the Juvenile Justice (Care and Protection of Children) Act, 2015 ensures care, protection, and rehabilitation of children through institutional mechanisms such as Child Welfare Committees.

One of the most crucial yet underutilised components of this legal architecture is victim compensation. It must be clearly understood that compensation is not a matter of charity but a statutory right flowing from the recognition of harm suffered by the victim. Under Section 33(8) of the POCSO Act, Special Courts are empowered to award both interim and final compensation, taking into account the physical and mental trauma as well as the rehabilitation needs of the child. Additionally, under Section 357A of the Code of Criminal Procedure, now reflected in Section 396 of the BNSS, every State and Union Territory operates a Victim Compensation Scheme funded by the State. The Delhi Victim Compensation Scheme, 2018 is widely regarded as a progressive model, ensuring structured and time-bound disbursement of compensation.

At the national level, the National Legal Services Authority (NALSA) has framed the Victim Compensation Scheme, 2018, which provides standardised guidelines across jurisdictions. In cases involving minors, particularly severe offences such as penetrative sexual assault, compensation may extend to ₹10 lakh or more, with enhanced provisions recognising the aggravated nature of such crimes. Complementing these mechanisms is the Mission Vatsalya initiative, supported through the Nirbhaya Fund, which provides financial assistance, monthly support, and specialised rehabilitation services, especially for minor victims facing extreme vulnerabilities, including pregnancy.

The concept of compensation under the law extends far beyond monetary relief. It encompasses a holistic approach to rehabilitation aimed at restoring dignity and enabling reintegration into society. Victims are entitled to immediate medical care, psychological counselling, and psychiatric support. A “support person” may be appointed to assist the child throughout the investigation and trial, ensuring that the process remains child-friendly and non-intimidating. Free legal aid is provided through Legal Services Authorities, while provisions also exist for continuation of education, vocational training, and basic necessities such as shelter, food, clothing, and transportation. In the case of minors, a substantial portion of the compensation is typically secured in fixed deposits to safeguard the child’s long-term financial interests, with limited withdrawals permitted for essential needs such as education and healthcare.

The higher judiciary has played a pivotal role in reinforcing these rights and ensuring that compensation is not rendered illusory by procedural delays. The Supreme Court of India, in Nipun Saxena v. Union of India (2018), laid down comprehensive guidelines concerning victim compensation, confidentiality, and rehabilitation, and directed all States to formulate effective compensation schemes. In Alakh Alok Srivastava v. Union of India, the Supreme Court emphasised the obligation of authorities to ensure timely and effective implementation of compensation frameworks through Legal Services Authorities. Judicial pronouncements have consistently underscored that compensation must be victim-centric, time-bound, and not contingent upon conviction, recognising the immediate and pressing needs of survivors.

Similarly, the Delhi High Court has issued important directions mandating that compensation in POCSO cases be disbursed expeditiously, often within a stipulated timeframe such as two months from the filing of the charge sheet, so as to alleviate the hardship faced by victims and their families. Other High Courts, including those of Allahabad, Bombay, and Madras, have reiterated that interim compensation must be granted without delay and that procedural bottlenecks defeat the very object of welfare legislation. The judiciary has also consistently stressed the importance of maintaining the confidentiality of the victim’s identity, ensuring child-friendly trial procedures, and appointing support persons wherever necessary.

Despite this robust legal and judicial framework, significant gaps persist in implementation. A pervasive lack of awareness among parents and children continues to hinder access to justice. Delays in registration of FIRs, investigation, and disbursal of compensation remain a matter of concern. Instances of institutional apathy or lack of sensitivity further aggravate the plight of victims. These shortcomings disproportionately affect poor, illiterate, and marginalised families, who often lack the resources and support required to navigate the legal system effectively.

Addressing these challenges requires a concerted and multi-pronged approach. There is an urgent need for widespread awareness campaigns to educate children and parents about personal safety, legal rights, and reporting mechanisms. Judicial directions regarding time-bound compensation must be strictly enforced, and Legal Services Authorities must adopt a proactive approach in reaching out to victims rather than acting merely on formal applications. Institutional accountability must be strengthened to ensure that delays or negligence by police and welfare authorities are appropriately addressed. Equally important is the role of society at large, which must act as a vigilant and responsible stakeholder rather than a passive observer.

For victims and their families, it must be emphasised that the law stands firmly on their side. Compensation, legal aid, medical care, and rehabilitation are enforceable rights designed to restore dignity and facilitate recovery. No victim should be compelled to suffer in silence due to lack of resources or awareness.

A nation’s moral strength is ultimately reflected in how it treats its most vulnerable citizens. While India has developed a comprehensive legal framework to protect children and compensate victims, its true effectiveness lies in awareness, accessibility, and accountability. Justice, in its truest sense, must not only punish wrongdoing but also heal, restore, and empower those who have suffered.