The Supreme Court last month disposed of a suo motu public interest petition it had initiated in 2019 to address the alarming rise in child rape cases across the country — only for another bench to revive a key unresolved aspect of the same matter barely a week later, providing a telling commentary on institutional memory and follow-through.
The petition, registered as “In Re: Alarming Rise in the Number of Reported Child Rape Incidents”, was formally closed on May 15 by a bench led by Justice Bela M Trivedi, as one of her last orders before retiring. Justice Trivedi retired on June 9 but her last working day was May 16, owing to an overseas trip
But on May 23, another bench led by Justice BV Nagarathna admitted a new writ petition that brought back to centre stage a long-forgotten issue in the same case — the framing and implementation of a dedicated compensation, rehabilitation, welfare and education scheme for Pocso (protection of children from sexual offences) victims.
The near-immediate revival of the compensation issue, which was left unattended despite explicit directions by the top court five years ago, lays bare a systemic lapse — a PIL that lasted six years was wrapped up without taking one of its most vital components to its logical conclusion.
The 2019 suo motu proceedings were triggered by intense public concern and media reporting on rising incidents of sexual violence against children. On July 12, 2019, the Supreme Court took cognisance and registered the case to formulate urgent judicial directions. By July 25, the court had appointed senior advocate V Giri as amicus curiae and directed the creation of exclusive Pocso courts across India to address delays in trials. Giri was assisted by advocate Uttar Babbar (now designated as a senior counsel).
On December 16, 2019, noting an “extremely high” pendency of Pocso cases in some states, the court issued state-specific directions. The bench, then headed by Justice Deepak Gupta, also expressed its intention to formulate a national compensation scheme for Pocso victims — a task deemed necessary for their psychological and financial recovery.
In March 2020, the court went a step further and summoned a joint secretary from the Ministry of Women and Child Development to assist in designing the scheme. “On the next date of hearing, we shall consider the issue of framing a national scheme for payment of compensation to victims of offences under the Pocso Act,” the order read.
But that next date took more than a year to arrive.
Following Justice Gupta’s retirement in May 2020, the matter fell into procedural limbo. When it resurfaced in March 2021 under a new bench, the compensation issue, which was once central to the court’s intervention, never came up again. Over 15 hearings took place between March 2021 and May 2025, but not one order addressed the proposed scheme.
Instead, the focus narrowed to timelines for investigation and trial under the Pocso Act. By the time Justice Trivedi’s bench finally decided to close the matter on May 15, 2025, the compensation issue had effectively vanished from judicial radar.
“Since the timelines have been stipulated under the Pocso Act… the same must be adhered to as far as possible,” the May 15 order recorded, urging Union and state governments to create more exclusive Pocso courts and sensitise investigating officials. “Subject to the above, the suo moto proceedings are hereby closed.”
On May 23, just eight days after the disposal, the Supreme Court admitted a fresh writ petition filed by Just Rights for Children Alliance, that pointedly noted the unfinished business of the 2019 case.
Senior counsel Pragyan Pradip Sharma, appearing for the petitioners, submitted that while the Registry of the Supreme Court had indeed drafted a “Scheme for Compensation, Rehabilitation, Welfare and Education of POCSO Victims, 2019” pursuant to earlier orders, the scheme was neither discussed nor adopted by the Union government or the National Legal Services Authority (NALSA).
The new petition now seeks a writ of mandamus directing the Union government and NALSA to formally notify and implement a compensation framework tailored to the needs of child victims of sexual abuse. It also seeks immediate disbursement of compensation to individual victims already identified, as well as uniform implementation of the existing NALSA 2018 scheme in the interim.
Justice Nagarathna’s bench has issued notice to the Union of India, NALSA and the Ministry of Women and Child Development, with the case now slated for further hearing on August 18, 2025.
The swift succession of the two orders, one closing the book and the other reopening a forgotten chapter, highlights the ironies and inefficiencies that can sometimes plague long-drawn PILs in the Supreme Court.
Simultaneously, the revival of the issue by a new bench not only re-emphasises its importance but also underscores the need for institutional continuity in PIL monitoring, especially in cases driven by the court’s own conscience (suo motu).