Rajasthan High Court Orders Reconsideration of Compensation for Minor Rape Victim

Jaipur Bench Sets Aside Lower Court's Rejection, Emphasizing Victim's Right to Rehabilitation

In a landmark decision, the Rajasthan High Court, Jaipur Bench, has set aside a previous order denying compensation to a minor rape victim under the Rajasthan Victim Compensation Scheme, 2011, and the Protection of Children from Sexual Offences Rules, 2020. Justice Anoop Kumar Dhand emphasized the paramount importance of addressing the physical, mental, and emotional trauma suffered by victims through adequate compensation and rehabilitation.

The case involved a minor victim who was sexually assaulted, leading to the conviction of the accused, "PV," who received a 20-year rigorous imprisonment sentence. Despite the gravity of the crime, the Special Judge for POCSO Cases in Jaipur had rejected the victim's application for compensation on technical grounds, specifically the lack of details regarding her source of income for educational expenses.

Justice Dhand criticized the lower court’s rationale as insufficient for denying compensation, affirming that the primary consideration should be the occurrence of the crime itself and the victim's subsequent need for support. The High Court recognized the victim's right to compensation as a fundamental aspect of justice, in line with Article 21 of the Indian Constitution, which guarantees the protection of life and personal liberty.

The judgment cited several precedents, including decisions from the Supreme Courts of India and Bangladesh, underscoring the judiciary's role in ensuring compensatory justice for victims of heinous crimes. The court reiterated that the provision for compensation under Section 357A of the Criminal Procedure Code is a substantive right aimed at victim rehabilitation, highlighting its remedial and welfare-oriented nature.

The court ordered the lower court to reconsider the victim’s application and issue a fresh decision within six weeks. Alternatively, the victim was permitted to apply directly to the District Legal Services Authority (DLSA) for compensation, ensuring a more streamlined process for accessing the support mandated by law.

This ruling marks a significant affirmation of victim rights and the judiciary's commitment to ensuring comprehensive justice, including financial and rehabilitative support for those affected by crimes. It also serves as a reminder of the state's obligation to uphold and protect the fundamental rights of its citizens, providing a measure of solace and support to victims in their path to recovery.

Bottom Line:

Compensation and rehabilitation of rape victims under the Rajasthan Victim Compensation Scheme, 2011 and Protection of Children from Sexual Offences Rules, 2020 are essential to address the physical, mental, psychological, and emotional trauma suffered by victims.

Statutory provision(s): Section 357A of Cr.P.C., Protection of Children from Sexual Offences Rules, 2020 Rule 9, Rajasthan Victim Compensation Scheme, 2011, Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2023, Article 21 of the Indian Constitution

Victim v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2801995