The Madurai Bench of the Madras High Court has ordered the Thoothukudi District Legal Services Authority to compensate the family of a mentally challenged girl who was sexually assaulted by her neighbor. The court directed the authority to pay a compensation of ₹14 lakh from the Tamil Nadu Child Victim Compensation Fund to the victim’s family.
The victim’s mother, who works as a daily wager, filed a petition seeking reasonable compensation from the state. The girl’s father was working in Chennai, while their elder son was studying in college. This left the mother with no choice but to leave her daughter at home and go to work.
Unfortunately, their 55-year-old neighbor took advantage of this situation and sexually assaulted the girl on multiple occasions. The matter came to light when the girl became pregnant. The mother filed a police complaint, and a case was registered under the Protection of Children from Sexual Offenses (POCSO) Act. However, the accused passed away during the proceedings.
Following the court’s earlier direction, the pregnancy was terminated after medical experts provided a detailed report regarding the girl’s medical fitness for the procedure. An interim compensation of ₹1 lakh was granted at the time.
In this case, Justice P.T. Asha noted that the Tamil Nadu Child Victim Compensation Fund was established under the POCSO Act specifically to provide compensation to victims. The court determined that the girl was entitled to a compensation of ₹14 lakh from the fund, which would be disbursed by the Thoothukudi District Legal Services Authority. The court further instructed that the victim’s mother be allowed to withdraw interest from the sum monthly, with the funds dedicated solely to the victim’s care and rehabilitation.
The court expressed disappointment with the counter affidavit submitted by the Chairperson of the Thoothukudi District Legal Services Authority. It remarked that the Legal Services Authorities Act was designed to provide free legal services to the weaker sections of society, ensuring that justice is not denied to any citizen. Rather than assisting the court in rehabilitating and compensating the victim, the authorities seemed to distance themselves from the case and requested its dismissal. The court criticized the content of the counter affidavit and considered it inadequate.
This ruling by the Madras High Court serves as an important step towards providing justice and support for victims of sexual assault. The compensation awarded to the victim’s family aims to aid in the victim’s rehabilitation and ensure her well-being. It is crucial that authorities take an active role in addressing such cases and providing assistance to those in need.
The decision to compensate the victim’s family reflects the court’s commitment to protecting the rights of survivors and holding those responsible accountable for their actions. It sends a strong message that sexual assault, especially against vulnerable individuals, will not be tolerated in society.
This case highlights the necessity for a comprehensive legal framework and support system for victims of sexual assault. It is essential for authorities to work collaboratively with the judicial system to address these heinous crimes and provide the necessary assistance to survivors. The Madras High Court’s judgment sets a precedent for other similar cases and emphasizes the importance of an inclusive and victim-centered approach to addressing sexual offenses.
Overall, this ruling serves as an important milestone in the fight against sexual assault and sends a message that the justice system is committed to protecting and supporting victims. It is through such efforts that society can work towards ensuring a safer and more inclusive environment for all individuals.
