The Tamil Nadu government has issued directions for the creation of the ‘Tamil Nadu Child Victim Compensation Fund’ to award interim compensation, and compensation to victims under the Protection of Children from Sexual Offences Act, 2012.
In a government order, S. Madhumathi, secretary, Social Welfare and Nutritious Meal Programme Department said that the Commissioner of Social defence had sent a proposal for the creation of such a fund as instructed by the Chief Secretary, in the law and order meeting held in August this year. The Commissioner had requested the issuing of orders to establish a separate fund by making an initial allocation of ₹14.96 crore as a recurring expenditure.
From the fund which has been created, an interim compensation of ₹20,000 to the victim can be awarded. An annexure to the government order further details the quantum of compensation to victims under the POCSO Act -- from a minimum of ₹50,000 to a maximum of ₹10 lakh corresponding to the offence.
The order further said that the rules governing the composition and administration of the fund would be issued separately. A sum of ₹2 crore has been sanctioned by the government as an initial contribution to the fund.
An interim compensation is awarded by a special court, either on its own or based on an application filed on behalf of or by the child, to meet the needs of the child for relief or rehabilitation at any stage, after an FIR is registered. The creation of a separate fund to disburse compensation has been a long-standing demand of many activists, who have especially highlighted the need for timely interim compensation.
“While we are happy to see a sizeable allocation made for the fund, there is no clarity on whether this is in furtherance to the amount awarded by the court under the POCSO rules,” said Deepika Murali, an advocate practising at the Madras High Court. She further pointed out that the annexure, which has been given with the government order detailing the quantum of compensation to be given under each offence, has redundancies that need to be addressed.
“This should not create confusion which can lead to the funds stagnating and not reaching the victims on time,” she said.