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Allahabad High Court Directs DLSA To Take Requisite Steps For Payment Of Compensation To A 12-Year-Old Rape Survivor

Sparsh Upadhyay
26 Sep 2022 8:14 AM GMT
Allahabad High Court Directs DLSA To Take Requisite Steps For Payment Of Compensation To A 12-Year-Old Rape Survivor
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The Allahabad High Court last week directed the Secretary, District Legal Services Authority, Bahraich to take requisite steps to provide compensation to a 12-year-old Rape survivor whose unwanted pregnancy was terminated earlier this month as per HC's order.The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla has further asked the Secretary, DLSA to take up the matter with...

The Allahabad High Court last week directed the Secretary, District Legal Services Authority, Bahraich to take requisite steps to provide compensation to a 12-year-old Rape survivor whose unwanted pregnancy was terminated earlier this month as per HC's order.

The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla has further asked the Secretary, DLSA to take up the matter with the district authorities and submit a report to the Senior Registrar of thE Court as to the outcome of such efforts taken for the payment of compensation to the victim or her family as per the prevailing scheme i.e. U.P. Victim Compensation Scheme, 2014.

The Court was essentially dealing with the case of the 12-year-old Girl who was raped in April 2022, however, due to fear, she didn't disclose anything about the incident to anyone. Thereafter, in August 2022, she finally narrated the entire story to her parents and thus, an FIR was lodged and the accused was arrested.

Thereafter, she moved a representation before the concerned authorities of her home district (Bahraich), however, no substantial action was taken and thus, the father of the victim moved to the High Court with the instant writ plea seeking the termination of her unwanted pregnancy.

The Allahabad High Court on September 13, allowed the Writ Petition that was filed before it to terminate the 24-week-old pregnancy of a 12-year-old rape survivor.

Keeping in view the report of the medical board, the bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla permitted the medical experts to proceed with the challenge of terminating the pregnancy in the interest of justice.

After the termination of her pregnancy, the victim was discharged from the Hospital and she is currently under the guardianship of her natural parents. Now, on September 20, the Counsel of the victim's father pressed the prayer for rehabilitation of the victim.

It was submitted that the government has also evolved a scheme whereunder the victims of rape have been provided financial support so that they lead a normal life like ordinary citizens. It was informed that the victim is going through a vulnerable situation and is dependent on all sorts of help including legal services to claim the benefit of the scheme applicable in this behalf.

In view of this, the Court disposed of the plea by issuing the following direction:

"Accordingly, we hereby direct the Secretary, District Legal Services Authority, Bahraich to ensure all the necessary legal assistance and help to the victim and ensure that the claim for compensation as per the prevailing scheme i.e. U.P. Victim Compensation Scheme, 2014 as amended from time to time is provided to the petitioner without any delay. All the requisite steps for the payment of compensation shall be taken by the Secretary, District Legal Services Authority, Bahraich expeditiously."

Case title - Ms. X Thru. Her Legal Guardian Bharat Lal v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Secrt. Lko. And Others [WRIT - C No. - 6102 of 2022]

Case Citation: 

Click Here To Read/Download Order


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