POSCO Act: Male Child Victims of Sexual Abuse/UTs Victim Compensation Scheme/Fund (Download PDF)

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Union Minister of Women & Child Development, urged States & UTs to issue necessary directions to concerned departments for including male child victims of sexual abuse in Victim Compensation Schemes or Funds on 30th May, 2018.

 Image of POSCO Act

Image of POSCO Act

Image of POSCO Act

  • Minister urged that compensation including interim compensation should be given to victims on time.

Provisions of POSCO Act

  • POCSO Act is gender neutral & safeguards interest of not only girl child but also male child.
  • As per National Commission for Protection of Child Rights (NCPCR) data, though 31 State Govt. have notified their Victim Compensation Scheme under Rule 7 of POCSO Rules, 2012, disbursements of compensation is not satisfactory.
  • In some of states, interim compensation to child victims of sexual abuse is not being awarded to meet immediate medical & other needs of child for relief or rehabilitation.
  • Male child who is most neglected victim of child sexual abuse is being ignored for award of compensation & needs to be included.

Rule 7 of POSCO Rules, 2012

  • Special Court may on its own or on application filled by or on behalf of child, pass order for interim compensation to meet immediate needs of child at any stage after registration of FIR.

  • Special Court may recommend award of compensation where accused is convicted, or where case ends in acquittal or discharge, or accused is not traced or identified, or if child has suffered loss or injury as result of that offence.

  • Compensation awarded by Special Court is to be paid by States from Victims Compensation Fund or other schemes established for purposes of compensating & rehabilitating victims under section 357A of Code of Criminal Procedure.

  • State Govt. needs to pay compensation ordered by Special Court within 30 days of receipt of such order.

  • Nothing can prevent child or his parent or guardian or any other person from submitting application for seeking relief under any other rules or scheme of Central Govt. or State Govt.

Factors Relating to Loss or Injury Caused to Victim, As Per Rule 7 of POSCO Rules, 2012

Where Special Court directs award of compensation to victim, it shall take into account all relevant factors relating to loss or injury caused to victim, including:

  • Type of abuse, gravity of offence & severity of mental or physical harm or injury

  • Expenditure incurred or likely to be incurred on his medical treatment

  • Loss of educational opportunity as consequence of offence, including absence from school & trial of offence, or any other reason

  • Loss of employment as result of offence including absence from place of employment due to mental trauma, bodily injury, medical treatment & trial of offence

  • Relationship of child to offender, if any

  • Whether abuse was single isolated incidence or whether abuse took place over period of time

  • Whether child became pregnant as result of offence

  • Whether child contracted Sexually Transmitted Disease

  • Whether child contracted Human Immunodeficiency Virus (HIV)

  • Any disability suffered by child as result of offence

  • Financial condition of child against whom offence is committed

Ministry of Women and Child Development (WCD)

Department of Women & Child Development was set up in 1985.

Vision of Ministry:

  • Empowered women living w/dignity & contributing as equal partners in development in environment free from violence & discrimination.
  • Well nurtured children w/full opportunities for growth & development in a safe & protective environment.

- Published/Last Modified on: August 23, 2018

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