The Right to Restoration After Sexual Offences Against Children: A Doctrinal Inquiry into Compensation, Rehabilitation and State Responsibility Under Pocso

It is submitted that monetary compensation under POCSO Act should be seen in context of State’s constitutional obligation towards violation of fundamental rights. Relying upon the compensatory principle enunciated in Rudul Sah and Nilabati Behera cases, there is an undisputed doctrinal continuum between custodial violation and sexual abuse of children wherein a similar principle holds true that when State does not protect an individual under its charge, then State owes a constitutional obligation of providing compensation distinct from criminal punishment of the perpetrator. Reading the Section 33(8) and Rule 9 of the POCSO Rules, 2020 in light of above constitutional principle, it is submitted that monetary compensation is but one part of restoration, which comprises medical aid, psychological rehabilitation and protection from re-traumatization during trial.