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any;
(vi)
the offence;
(viii) whether
the
child
contracted
sexually
whether
the
child
contracted
Human
the offence;
(xi)
consider to be relevant.
(4)
Committees together with the District Judge. The State Government has
allocated a budget of Rs.2 crores by a Government Order dated 1 April
2015 for the financial year 2015-16. The fund is to be operated by the
Secretary of the State Legal Services Authority and a decision was taken
to transfer the fund at a meeting held on 16 April 2015 by the Principal
Secretary (Home).
When the petition came up before this Court for further hearing on
4 May 2015, this Court observed that there was a glaring lapse in defining
the offences covered by the Victims Compensation Fund. This was
because only offences under Sections 4, 6 and 14 of the Protection of
Children from Sexual Offences Act 20122 were covered. Offences of
sexual assault under Section 7 (punishable under Section 8), of aggravated
sexual assault under Section 9 (punishable under Section 10) and of
sexual harassment under Section 11 (punishable under Section 12) were
not covered by the Victims Compensation Fund. By an order dated 4 May
2015, we observed whether this was an inadvertent mistake or otherwise,
this should be rectified at the earliest. The State Government was directed
to inform the Court of the remedial steps which have been taken to rectify
this glaring omission so as to bring the offences under Sections 7, 9 and
11 of the Act within the purview of the Victims Compensation Fund.
In pursuance of the direction which was issued by the Court, the
Principal Secretary (Home) has filed an affidavit stating that in order to
bring all six Sections, namely Sections 4, 6, 7, 9, 11 and 14 of the POSCO
Act, 2012 within the purview of the U.P. Victims Compensation Scheme
2 Act
2014, it has been decided to place the matter before the Cabinet for
approval. The Court has been informed that the matter is under process
and the entire exercise would be completed shortly. In the meantime, the
budgetary allocation of Rs.2 crores has already been transferred to the
Secretary of the U.P. State Legal Services Authority, Lucknow. A direction
has also been issued to all the District Magistrates as well as the Senior
Superintendents of Police/Superintendents of Police on 18 May 2015 for
implementing and monitoring the beneficial provisions contained in the
scheme so as to provide compensation to the victims from the allocated
fund.
The State Government has responded to the direction of this Court
by rectifying the omission of the offences under Sections 7, 9 and 11 of
the Act from the purview of the fund. The matter has already been
forwarded to the Cabinet and the entire process is expected to be
completed shortly. The direction which was issued by the Court on 4 May
2015 shall now be operative as the final decision in these proceedings.
There is absolutely no reason or justification to exclude offences under
Sections 7, 9 and 11 from the purview of the fund in addition to the
provisions of Sections 4, 6 and 14. All the victims of these offences would
be in need of beneficial rehabilitation. The setting up of the fund is an
important instrument of ensuring rehabilitative relief to the victims of
these offences.
Consequently, the State Government shall now abide by the
statement and complete the exercise within a period of two months from
today. The fund has been placed under the control of the Secretary of the
(Dr.D.Y.Chandrachud,C.J.)
(M.K. Gupta,J.)