Trial court must award adequate compensation to minor victims of sexual harassment: HC

Chennai: In cases of sexual harassment against minors, the trial courts must provide adequate compensation in appropriate cases, as, besides the suffering, the family of the children would incur substantial expense for proper treatment, therapy and rehabilitation, Madras high court said on Monday.

Justice A D Jagadish Chandira made the observation while awarding ₹10 lakh compensation to three such victim. “...upon being guided by the quantum awarded by the apex court in Bhanei Prasad case, this court holds that each of the victim children is entitled to the maximum compensation of ₹10 lakh, since they have been subjected to incestuous aggravated penetrative sexual assault over a period of years resulting in them suffering from post-traumatic stress disorder which needs continuous therapy and rehabilitation,” the court said.

The court passed the order on appeals moved by parents of the children against the order of the trial court which refused to award adequate compensation to the victim children.

“The trial court has failed to appreciate the necessity for awarding sufficient and appropriate victim compensation and erred in holding that the award of the fine amount alone would be sufficient for the victim children’s remedial measure,” the court said.

From the judgment of the trial court, this court finds that the trial judge has done a threadbare appreciation of the overwhelming evidence in respect of the post-traumatic stress disorder suffered by the victim children, the judge said.

The judgment even goes on to find that persons who suffer from post-traumatic stress disorder tend to have recurrent flashbacks of the events causing such disorder and are therewith often preoccupied by their recollection of such events which, in turn, render it difficult for them to have healthy relationships and lead a normal life. When such are the findings, the trial court ought to have taken them into consideration and ensured that the victim children received adequate compensation for their past and future sufferings arising out of the offence, the court added.