GURIYA SWAYAM SEVI SANSTHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed in the public interest by an organization which is active in the fight against human trafficking, especially forced labour and commercial sexual exploitation of minor girls and children in the State of Uttar Pradesh. The relief which has been sought is a mandamus for the enforcement of Rule 7 (4) of the Protection of Children from Sexual Offences Rules 2012(Rules) by constituting a Victims Compensation Fund under Section 357 -A of the Code of Criminal Procedure, 1973.

(2.) RULE 7 (4) of the Rules reads as follows:

(3.) IN response to the direction of the Court, the Principal Secretary (Home) filed a counter affidavit stating that in implementation of the provisions of Rule 7(4), the State Government had notified a Victims Compensation Fund and the Governor had notified the Uttar Pradesh Rani Laxmibai Mahila Samman Kosh Niyamawali, 2015 on 6 February 2015. Accordingly, a Government Order was issued on 16 April 2015 to all the District Magistrates, the Senior Superintendents of Police and Superintendents of Police for the implementation of Rule 7(4). It was envisaged that the review of offences/compensation in different districts be conducted in the monthly meeting of the District Monitoring Committees together with the District Judge. The State Government has allocated a budget of Rs.2 crores by a Government Order dated 1 April 2015 for the financial year 2015 -16. The fund is to be operated by the Secretary of the State Legal Services Authority and a decision was taken to transfer the fund at a meeting held on 16 April 2015 by the Principal Secretary (Home).