In a significant move to protect public funds and ensure aid reaches genuine victims, the Delhi High Court has issued a fresh set of directives aimed at preventing the misuse of compensation meant for survivors of sexual offences. The court's intervention comes after handling a specific case where a woman withdrew her rape allegations against three men.
Court's Concern Over Misuse of Funds
Justice Swarana Kanta Sharma underscored that compensation schemes, like the Delhi Victim Compensation Scheme (DVCS), are designed to offer immediate financial relief to survivors grappling with severe trauma and in urgent need of medical, psychological, or social support. However, the judge noted that this crucial assistance is fundamentally based on claims made in good faith.
The court's action was prompted by the prosecution's observation. It was pointed out that in numerous instances, survivors receive interim compensation shortly after an FIR is filed. Later, they retract their allegations, enter into a compromise with the accused, or seek to quash the legal proceedings, all while keeping the compensation money.
New Mandatory Disclosures for Courts
To address this loophole, the High Court has now issued a clear order. All petitions filed before it seeking the quashing of FIRs or criminal proceedings in sexual offence cases—on grounds of compromise or settlement—must explicitly state whether the survivor has received any compensation.
The bench expressed a grave concern. "If interim compensation disbursed in cases—where allegations are subsequently withdrawn or found to be false—is routinely allowed to remain unrecovered, it may not only result in misuse of public funds but may also dilute the credibility and sustainability of schemes meant to support genuine survivors of sexual violence," Justice Sharma observed.
Role of Trial Courts and Legal Services Authority
The court has further widened the net of accountability. In sexual offence cases where compensation has been granted, trial courts are now directed to send a copy of the order and relevant records to the Delhi State Legal Services Authority (DSLSA). This will empower the DSLSA to examine whether a recovery of the compensation amount is necessary.
Additionally, the DSLSA must be informed in situations where the survivor turns hostile during the trial, retracts from earlier statements, or completely exonerates the accused. This ensures a mechanism for review is triggered automatically.
Safeguarding System Credibility
Justice Sharma clarified that the overarching goal of these directions is twofold: to safeguard precious public funds and to preserve the integrity and credibility of victim support schemes. The court acknowledged the profound impact of rape allegations, which carry severe social stigma, loss of reputation, and psychological trauma for all parties involved.
"When serious allegations are made and then withdrawn without an explanation, it weakens public confidence in the process meant to protect survivors of sexual violence," the court stated emphatically. These new protocols are designed to strengthen that very process, ensuring help is directed to those who truly need it while deterring fraudulent claims.
