Tue. Oct 27th, 2020

Directions given to the State Government for inclusion of Sections 7, 9 and 11 of POCSO Act, 2012 under the Victim’s Compensation Fund Scheme

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Allahabad High Court: Appreciating the efforts taken by the petitioner in highlighting the
important issue of constitution of a Victim’s Compensation Fund under Section
357-A of CrPC for the enforcement of Rule 7(4) of Protection of Children from
Sexual Offences Rules, 2012, the Division Bench of D.Y. Chandrachud, C.J. and
M.K. Gupta, J., reiterated their Order dated 04.05.2015 directing the State
Government of U.P. to include offences under Sections 7, 9 and 11 of Protection
of Children from Sexual Offences Act, 2012 (POCSO Act), covering the offences
of sexual assault and sexual harassment, in the framework of Victim’s
Compensation Fund, observing that there was no justification in excluding the
above-mentioned Sections when already Sections 4, 6 and 14 of the POSCO Act, 2012
have been included under the ambit of the compensation scheme.

The petitioners, running an organization to fight against
the vices of human trafficking and commercial sexual exploitation of children, through
their counsel Raj Kumar, prayed for the issuance of a writ of Mandamus for the
enforcement of Rule 7(4) of the Protection of Children from Sexual Offences
Rules, 2012. The respondents represented by P.S. Sisodia, informed the Court
that the inclusion of six Sections, namely Sections 4, 6, 7, 9, 11 and 14 of
the POCSO Act, 2012 within the purview of the U.P. Victims Compensation Scheme
2014, is to be placed the Cabinet for approval.

The Court on perusal of the affidavits presented by the
respondents observed that the victims of the offences enumerated under Sections
7, 9 and 11 too require beneficial rehabilitation; therefore bringing them
under the purview of the Victim’s Compensation Fund would prove to be a major step
towards the rehabilitation of the victims. The Court further directed the State
Government to stand by its statement in the affidavit and complete the process
of approval and other processes within two months from the date of passing this
Order. [Guriya Swayam Sevi Sansthan v. Union
of India, decided on 26.05.2015]        
Source: Legal news India

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