A trial court in Sonipat, Haryana recently awarded interim compensation of ₹1 lakh to the 17-year-old survivor in a case under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), so that she may pursue her education..Additional Sessions Judge Narender passed the order in January after observing that education is part of one's fundamental right, as guaranteed by the Constitution of India.The court ordered that the ₹1 lakh interim compensation be deposited in a fixed deposit. Since the survivor had expressed her wish to pursue vocational training, the interim compensation amount is to be used only for such educational purposes, the court clarified. The court added that this amount would be adjusted with the final compensation that may be ordered at the conclusion of the trial in the POCSO case. .The 17-year-old survivor had been working as a domestic helper when she was allegedly subjected to sexual assault by her employer. The court was further told that she and her family received multiple threats from the accused employer as well as other residents in the neighbourhood. Several people also visited her home to pressurise the family into settling the case, the court was told. The survivor and her family further stated that the sexual assault had left the survivor traumatized, leaving her unable to continue working. Her mother, who too had been working as a domestic helper in the same housing society, said that she was also not able to continue work as she was facing alienation from other domestic workers, and since she has to now take care of the survivor at home.The family was being supported by the survivor's father, a daily wage laborer. In this background, it was argued that the survivor needed financial aid to continue her education.The interim compensation plea was opposed by both the State as well as the accused man. The accused argued that it was a false case. The State argued that there was nothing to indicate that the survivor's parents could not continue working to support their family. The State added that the child had already been given ₹20,000 from a Child Welfare Committee (CWC). It is not feasible for the government to grant interim compensation in every such case as it would entail in immense burdens for the government exchequer, the State further contended. .The court, however, observed that there can be no denying that the financial condition of the survivor and her family is poor and that she is in need of financial aid to pursue her education. It proceeded to order the State to pay ₹1 lakh as interim compensation for this purpose. "Getting education is her fundamental right as per the mandate given by the Constitution of India. Thus, in the totality of the facts... an amount of ₹1,00,000/- will be sufficient as interim compensation under Section 33(*) of the POCSO Act and Rule 9(3) of the POCSO Rules, 2020," the court said. .Special Public Prosecutor Vijender Singh represented the State, while the accused was represented by Advocate Sundeep Sharma. .Notably, the POCSO survivor and her family was extended legal aid from the Jindal Global Law School's (JGLS) Child Rights Clinic.The legal battle being spearheaded by Professor Avaantika Chawla, Assistant Professor of Clinic, alongside JGLS legal aid lawyers, Advocates Akshay Goenka and Atalia Kalam, who facilitated communication between the police, the survivor’s family, and the clinic.Avaantika Chawla and Akshay Goenka represented the case before the trial court, while JGLS alumnus Reshabh Bajaj took the matter to the Punjab and Haryana High Court. JGLS student attorneys also played an active role in supporting the case.The Child Rights Clinic is one of five legal clinics at JGLS, alongside the Law and Marginalisation Clinic (CJLS), the Criminal Justice Clinic, Environmental Law Clinic, and the Justice Krishna Iyer Centre for Clinical Legal Education, all of which facilitate legal aid and advocacy work in Haryana..Reflecting on the Child Rights Clinic's efforts in this case, Professor Dipika Jain, Vice Dean of Clinical Legal Education, emphasized the impact of legal clinics in advancing social justice. “Universities play a pivotal role in embedding legal education within a community-centric framework. At JGLS, clinical legal education is not just about training future lawyers but about creating systemic change. Our bottom-up approach ensures that marginalized individuals receive direct and sustained legal support. This case is a testament to our commitment to using legal education as a tool for meaningful social transformation," she said. .Further, Prof (Dr) C Raj Kumar, Vice Chancellor, OP Jindal Global University (JGU), highlighted JGLS’s unique approach to clinical legal education and remarked.“JGLS is the only law school in India to integrate clinical legal education into its core curriculum offering upto 24 credits to ungraduated students. With over 10 full-time clinic faculty and lawyers, we offer year-long clinical courses focused on empathetic lawyering, policy interventions, and advocacy."
