Delhi High Court Issues Guidelines to DSLSA for Disbursal of Compensation to Victims of Child Abuse Within 30 Days From Issuance

New Delhi, September 25: The Delhi High Court on Tuesday issued guidelines to the Delhi State Legal Services Authority (DSLSA) for the disbursal of compensation to victims of child abuse in POCSO cases. The High Court said that the DSLSA, along with the concerned DLSA, shall ensure that disbursal of interim or final compensation takes place within 30 days from the date of issuance of direction by the concerned DLSA for grant of compensation in terms of SOP or the receipt of the order passed by the special court for grant of compensation under sub-clause (ii) or (iii) of Clause F-1 of SOP.

A division bench of justices Rajiv Shakdher and Amit Bansal issued directions on the petition moved by a support person. The division bench added addendum F to the already in place SOP. The division bench also issued directions to DSLSA, Delhi Police, and the Registrar General of this Court that the DSLSA will issue and disseminate a detailed protocol regarding the procedure and safeguards for conducting biometric verification before disbursing compensation to child victims. The High Court further said the biometric protocol will, among other things, take into account that the biometric data is stored and transmitted only in encrypted form. Watching Child Porn a Crime Under POCSO Act or Not? Supreme Court To Deliver Its Verdict Today.

It is encrypted biometric data is decrypted only on authentication. The service provider does not obtain access to decrypted biometric data. The High Court also said that the decrypted or digital key is kept separate from the biometric data. The protocol put in place by DSLSA would also provide the leeway to the victim to seek deletion of his/her biometric record after attaining majority in terms of the extant legal regime. In relation to those victims who were residing outside NCT of Delhi but are subjected to offences within the jurisdiction of NCT of Delhi, the high court said that after verification is completed in terms of Part F of the SOP, compensation will be disbursed in their bank account wherever it is located, albeit within the territory of India, without raising objections with regard to the bank's situs.

The High Court also directed that Delhi Police will ensure that the Investigation Officers (IOs) verify documents in accordance with the SOP. "The Commissioner of Police will ensure that the responsibilities given to the police department is followed scrupulously," the bench said. The High Court also issued a direction that the special courts established under the POCSO Act shall communicate orders to the concerned DLSA as soon as they are passed, though not later than three (03) working days from the date of issuance of the order, by sending a copy of the order physically and also via the official email id of the designated court reader. The special courts shall ensure that the victim impact assessment report is filed by the IO ordinarily within two weeks, the HC said. ‘Sex Education Needed To Tackle Child Pornography Menace’: Top Quotes From Supreme Court in Landmark Verdict Declaring Downloading, Watching Child Porn Offence Under POCSO and IT Acts.

The Registrar General will ensure that a circular is taken out whereby the addendum to the 2018 SOP is brought to the notice of all concerned, like the special courts, the concerned DLSAs, and officers manning the special courts, the court directed. It further directed that the DSLSA will issue a circular bringing to the notice of the concerned DLSAs the directions issued via the instant judgment. The petitioner in the matter, claims to be a social worker who has acquired more than three years of experience as a support person for survivors under the Protection of Children from Sexual Offences Act, 2012 ["POCSO Act"]. The petitioner claims that he has often accompanied child survivors and their families to various District Legal Services Authority [DLSA] offices to assist them in navigating through the documentation and other procedural hiccups that come in the way of timely receipt of compensation.

He made suggestions to improve the process for disbursal of compensation, both interim and final, under the regime put in place, i.e., the POCSO Act and the Delhi Victim Compensation Scheme, 2018 [Scheme] concerning child survivors of sexual abuse.

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