Kerala High Court Takes Strong Stance on Delayed Compensation and Mediator Payments
The Kerala High Court has issued significant directives to the state finance department regarding the long-pending disbursement of funds for victim compensation and mediator honorarium. This development comes after the department submitted a detailed affidavit outlining its financial commitments.
Substantial Financial Sanctions Approved
In a crucial affidavit filed before the High Court, the finance department has officially sanctioned Rs 36.50 crore specifically for settling outstanding victim compensation claims. This includes compensation for survivors of sexual assault and other crimes. Additionally, the department has allocated Rs 12.25 crore to clear all arrears of honorarium payable to mediators affiliated with the Kerala State Mediation and Conciliation Centre. These payments are authorized up to December 31, 2025.
Background of the Legal Proceedings
The High Court initiated this matter through a suo motu petition, addressing serious concerns over the non-disbursement of compensation to victims and persistent delays in paying mediation fees. On March 16, the court issued a stern warning, stating that if the necessary funds were not released within one week, it would pass appropriate orders to attach the state government's treasury accounts to cover the due amounts. The finance department's affidavit was filed in direct response to this judicial ultimatum.
Operational Challenges and Government Response
According to the affidavit, the dedicated victim compensation fund, although formally constituted, has remained non-operational for eight years since the rules were framed. Consequently, the state government has been utilizing its own resources to meet compensation expenses. However, the affidavit highlights that the government is facing significant fiscal constraints in continuing this practice, necessitating the formal sanction of funds.
Regarding the mediators' honorarium, the government assured the court that the sanctioned amount of Rs 12.25 crore would cover all pending dues up to December 31, 2025. It further clarified that there would be no impediment in the disbursal of payments beyond March 24, 2026. An additional sum of Rs 56.5 lakh, which has already been reallocated, will also be released to address these payments.
Court's Directives and Future Proceedings
Taking note of these submissions, the High Court has issued several important directives:
- The government must file a further affidavit detailing the infrastructure deficiencies in various mediation centers across the state.
- The finance department secretary is required to appear virtually before the court on March 30 for further consideration of issues related to pending payments.
- The Kerala State Legal Services Authority (KeLSA) has been directed to submit an affidavit detailing the utilization of the allocated funds.
The matter has been scheduled for further hearing on March 30, where these affidavits and the secretary's appearance will be reviewed. This judicial intervention underscores the court's commitment to ensuring timely financial justice for victims and mediators, addressing systemic delays that have persisted for years.
