Kerala High Court Directs Home Secretary to Appear Over Unpaid Compensation and Mediation Fees
The Kerala High Court has expressed serious concern regarding the unsatisfactory progress in disbursing compensation to victims, which includes survivors of sexual assault, as well as the payment of mediation fees. On Thursday, the court took a firm stance by directing the state home secretary to personally appear before it on Monday to address these critical delays.
Court's Displeasure Over Absence and Unpaid Dues
A bench comprising Chief Justice Soumen Sen and Justice V M Syam Kumar was hearing a suo motu petition initiated by the court itself. The bench voiced its displeasure over the absence of the home secretary during the proceedings. The court noted that the Chief Justice, while attending an official meeting, had specifically instructed a government official to convey his direction for the home secretary to be present in court. Despite this clear instruction, the home secretary failed to appear, prompting judicial scrutiny.
During the hearing, the court highlighted that approximately Rs 10 lakh is currently due towards mediation-related payments. Furthermore, the bench orally questioned what had happened to the Rs 47 crore that was earmarked for victim compensation, emphasizing the urgency of the matter.
Contempt Warning and Affidavit Directive
Despite the state government requesting additional time to file an affidavit, the High Court issued an oral warning. It stated that if the outstanding dues are not paid by Monday, it would initiate contempt proceedings against the concerned officials. The court pointedly asked, "Not a single penny has been paid. What is the point of these deliberations if the amounts are not being disbursed?" This strong statement underscores the court's frustration with the lack of action.
In addition to the contempt warning, the court directed the home secretary to be present on Monday and to file an affidavit explaining the delay in complying with the court's earlier directions. This move aims to hold officials accountable and ensure transparency in addressing the financial obligations.
Background and Previous Assurances
During a previous hearing in January 2026, the state government had assured the High Court that the pending issues regarding the release of mediator's fees and victim compensation would be addressed on an urgent basis. However, the current situation indicates that these assurances have not been fulfilled, leading to the court's escalated response.
The suo motu proceedings were initiated by the court after noting several primary issues affecting mediation centers in the state. These challenges include:
- Lack of a permanent venue for conducting mediation sessions.
- Inability to ensure privacy for parties, which is essential for open communication.
- Shortage of adequate physical and digital infrastructure.
- Inability to conduct online mediation due to the absence of internet connectivity or video-link facilities.
- Shortage of adequate permanent staff to support mediation processes.
These systemic issues have compounded the delays in disbursing funds, affecting both victim compensation and mediation operations. The court's intervention seeks to rectify these problems and ensure that victims receive the support they are entitled to without further delay.
