In 2013, a 13 year old girl was sexually abused by her neighbour and did not receive any form of justice till 2015. In the said case, earlier an FIR was registered under IPC and POCSO by the law enforcement agency. After the trial, the Mahila Court passed a judgement in the year 2015 and convicted the accused for 12 years of imprisonment under various sections (even though the victim’s family was not aware of this judgement). The family of the victim did not know of this judgement and the victim was not compensated as no order was passed by the Sessions Court or by the authorities. Meanwhile, the accused filed an appeal in the Madras High Court.
In 2019, this case was referred to Bachpan Bachao Andolan (BBA)’s Tamil Nadu team by SCPCR, for ensuring adequate compensation to the victim. Upon receipt of the information, BBA Tamil Nadu team intervened and filed an application on behalf of the victim with State Legal Services Authority (SLSA) and other concerned departments. Further, the concerned police station was approached and a copy of the judgement was obtained. While scrutinizing the judgement, no mention of any compensation for the victim’s family was found in the document. Taking swift action on the same, BBA took the matter to SLSA and the High Court Legal Services Committee (HCLSC) to get their guidance. In turn, the HCLSC nominated a senior advocate to review the case and submitted a legal opinion. It stated that, if is a fit case and the court can order compensation extended upto Rs. 13 lakhs.
A writ mandamus with the help of a private lawyer in August 2021 was then filed and after a couple of trials, on 24th November 2021, Justice Dhandapani passed an order to the Government of Tamil Nadu (Social Welfare and Women Empowerment Department -1st Respondent) to grant the petitioner’s daughter (victim of POCSO Act) a fair and reasonable compensation amount within 12 weeks. Therefore after a long battle of 3 years, the victim who is now 21 years of ageis due to receive her rightful compensation.