The Madras High Court on Monday emphasized that trial courts must award sufficient compensation in cases of sexual assault against minors, recognizing that families incur significant expenses for treatment, therapy, and rehabilitation. Justice A D Jagadish Chandira made this observation while granting ₹10 lakh compensation to three child victims.
Compensation Based on Supreme Court Precedent
The court stated, "Guided by the quantum awarded by the Supreme Court in the Bhanei Prasad case, this court holds that each victim child is entitled to maximum compensation of ₹10 lakh." The victims had suffered incestuous aggravated penetrative sexual assault over several years, leading to post-traumatic stress disorder requiring continuous therapy and rehabilitation.
Trial Court's Failure Addressed
The order came on appeals filed by the victims' parents against the trial court's refusal to grant adequate compensation. The High Court noted that the trial court failed to appreciate the need for sufficient victim compensation and erroneously believed that the fine amount alone would suffice for remediation.
Justice Chandira observed that the trial judge had thoroughly evaluated evidence regarding the victims' PTSD, including findings that such individuals experience recurrent flashbacks, making it difficult to maintain healthy relationships and lead normal lives. "When such findings exist, the trial court should have ensured adequate compensation for past and future suffering," the court added.
The judgment reinforces the obligation of lower courts to consider the long-term impact of sexual offenses on minors and provide monetary relief to support their recovery.
