By Shazia Siddiqui

In a significant legal proceeding, Smt. Mamta filed a writ petition to enforce a compensation order under the 2018 Compensation Scheme for Women Victims of Sexual Assault. This order was initially granted by the Additional Sessions Judge/Special Judge (POCSO Act) of Sant Kabir Nagar on August 20, 2022, in the case of the State of Uttar Pradesh vs. Ravi Kumar and Others. Despite this ruling, Mamta’s compensation of ₹2,00,000 remained unpaid, prompting her to seek judicial intervention. The appeal traversed the judicial hierarchy, shedding light on Mamta’s determined effort to secure the compensation she was lawfully entitled to. Her case epitomizes the systemic inefficiencies within the legal mechanisms designed to support victims of sexual violence.

Presiding over the matter, the Justices observed severe inadequacies in the performance of the District Legal Service Authorities (DLSAs) in Uttar Pradesh. They highlighted that out of 1129 applications submitted under the 2018 Compensation Scheme, a staggering 968 remained pending. This backlog was indicative of the broader issues plaguing the compensation system, prompting the bench to criticize the DLSAs for their sluggish handling of claims. The Justices emphasized the need for greater awareness and sensitization within the DLSAs to ensure the expeditious processing and disbursement of compensation to victims. They expressed serious concern about the significant delays and stressed the necessity for DLSAs to address these applications urgently and efficiently.

In her petition, Mamta, through her counsel, sought the enforcement of the compensation order which had remained unfulfilled for 18 months. Responding to her plea, the High Court, on March 28, 2024, directed the U.P. State Legal Services Authority to procure detailed reports from all District Legal Services Authorities. These reports were to include data on the pending compensation claims and the causes of any processing delays.

On May 2, 2024, a comprehensive report was presented to the court, uncovering a substantial backlog and various reasons for the delays. The court’s scrutiny of the report revealed that action on Mamta’s application had only commenced following the High Court’s involvement. This highlighted a broader systemic issue where intervention by higher courts was often necessary to prompt action by the DLSAs. Taking a stringent stance, the division bench ordered the U.P. State Legal Services Authority to produce an updated ‘fresh report’ after collecting new information from all DLSAs by the next hearing. This report was to address the status of pending applications and outline steps being taken to expedite the processing and disbursement of compensation.

The Justices underscored the critical need for effective administrative processes to ensure that victims of sexual assault receive timely compensation and rehabilitation as mandated by court orders. They called for a dedicated effort from all DLSAs to prioritize these matters, expressing the expectation that all pending applications would be processed with the urgency they deserve.

Additionally, the court granted the Additional Chief Standing Counsel additional time to obtain further instructions regarding Mamta’s claim. At their request, the next hearing was scheduled for July 15, 2024. The court made it clear that it anticipated significant progress in reducing the backlog of applications and facilitating prompt compensation to the victims. This case serves as a stark reminder of the need for robust and responsive legal frameworks to support victims of sexual assault, ensuring that justice and rehabilitation are not delayed. The division bench’s directives aim to instill a sense of urgency and accountability within the DLSAs, reinforcing the importance of fulfilling their duties to the victims they are meant to serve.

Case: Smt Mamta v. State of UP and Others

Citation: WRIT – C No. – 10060 of 2024

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