NCPCR Urges States To Ensure Immediate Compensation For POCSO Victims Of SC/ST Community; Calls For State-Specific Schemes

The National Commission for Protection of Child Rights (NCPCR) has urged state authorities to take immediate action to disburse compensation to child victims of sexual abuse from Scheduled Castes (SC) and Scheduled Tribes (ST) communities under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

In a letter dated October 7, addressed to the Chief Secretaries of all the States and Union Territories, the Commission has called for the establishment of state-specific compensation schemes to ensure timely financial assistance for victims under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The Commission, a statutory body constituted under the Commission for Protection of Child Rights (CPCR) Act, 2005, is responsible for safeguarding child rights across the country. The NCPCR's letter highlighted alarming data from its "POCSO Tracking Portal," which records cases of child sexual abuse. Of the 5,178 POCSO victims registered on the portal, 41% belong to SC/ST communities, underscoring the urgency for compensation.

The Commission noted that despite clear legal mandates, many states have failed to ensure that SC/ST POCSO victims receive compensation. The letter cited several states where significant percentages of POCSO victims belong to SC/ST communities but remain uncompensated. For instance, 41.1% of victims in Andhra Pradesh, 45% in Karnataka, 48.5% in Punjab, and 35.4% in Tamil Nadu are from SC/ST categories, but there is no record of compensation being provided under the SC/ST Act. Similarly, in Uttar Pradesh, only 13% of SC/ST POCSO victims have been compensated.

"However, the commission has not received any information regarding whether these victims have been compensated under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989," the letter stated.

The NCPCR pointed out that the law mandates immediate relief for victims under the SC/ST Act, regardless of the trial outcome, and urged states to ensure compliance with the Ministry of Social Justice and Empowerment’s 2014 guidelines for victim compensation.

Additionally, the Commission has sought intervention from various courts, including the Supreme Court, to safeguard POCSO victims and ensure they receive their rightful compensation. It has also requested relevant authorities to submit a compliance report within 10 days of the letter.

Given the sensitivity of the issue, NCPCR emphasized the need for state-specific victim compensation schemes to streamline financial aid and provide effective rehabilitation to child victims of sexual abuse from SC/ST communities.

"In view of the sensitivity and urgency of this matter, your good office is requested to issue necessary directions to the relevant stakeholders for the immediate release of compensation to the eligible SC & ST victims as per Ministry of Social Justice and Empowerment G.S.R. 416(E) dated June 23, 2014, for their proper rehabilitation purpose. Furthermore, the Commission, under Section 13 of the CPCR Act, 2005, recommends your good office to issue directions to establish a state-specific victim compensation scheme for all victims, including SC & ST victims, to ensure timely financial assistance to these children as well. You are further requested to submit a compliance report to the Commission within l0 days from the issue of this letter," the letter read.