The Supreme Court of India has recently taken note of a critical petition seeking proper compensation for child victims of sexual abuse under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court issued notices to the Union Government, Ministry of Law and Justice, and the National Commission for Protection of Child Rights to respond to the plea. The petition focuses on the urgent need for a clear, implemented compensation scheme addressing the psychological, emotional, educational, and financial requirements of these vulnerable victims.
Read also: SC Collegium Recommends New Chief Justices for Five High Courts
The issue came up before a bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma. Senior Advocate Pragyan Pradip Sharma, representing the petitioners, referred to a previously disposed case concerning the alarming increase in child rape cases. Following that case, the Supreme Court Registry had drafted a scheme titled “Compensation, Rehabilitation, Welfare and Education of POCSO Victims, 2019.” This scheme was designed to offer comprehensive support to children affected by sexual abuse.
However, according to Sharma, despite this draft scheme, the Union Government has not taken any concrete steps to formalize or implement it nationwide. Many states have still not provided compensation to child victims in line with the National Legal Services Authority (NALSA) Scheme, 2018, which was being used as a temporary measure.
Read also: Centre Appoints 7 Advocates as High Court Judges Across India
Sharma highlighted a key problem by stating:
"In the Nipun Saxena matter, it was observed that the NALSA scheme does not adequately address the needs of child victims. It was applied temporarily until a formal compensation scheme is implemented."
Justice Nagarathna inquired whether any existing compensation scheme under the Bharatiya Nyaya Sanhita (Indian Criminal Code) or the Code of Criminal Procedure currently applies to child victims. Sharma confirmed that no such applicable scheme exists for child victims of sexual abuse, which leaves them without any formal compensation mechanism.
The Court also sought details of the 12 child victims who are petitioners in this case and asked if they have received any compensation so far. Sharma responded sadly:
"No, not a single penny has been given. These children are as young as 4 and 8 years old, victims of horrific abuse. Despite numerous representations to state authorities, no action has been taken. This situation urgently requires the Supreme Court's intervention."
Read also: SC Collegium Recommends Three High Court Judges for Supreme Court Elevation
The Court issued notices to the first three respondents—the Union Government, Ministry of Law and Justice, and National Commission for Protection of Child Rights—but did not issue notices to the states or Uttar Pradesh, which the petitioners had also included in the case.
The next hearing for this important case is scheduled for August 18.
Case Details: JUST RIGHTS FOR CHILDREN ALLIANCE & ORS. v. UNION OF INDIA & ORS.|WP (C) No. 516/2025
