Court holds that requiring an injury report indicating penetrative sexual assault as a precondition for compensation violates Article 14 of the Constitution and directs immediate release of Rs. 3 lakh to victim
In a landmark judgment dated October 23, 2026, the Allahabad High Court (Division Bench) declared unconstitutional the condition under the Uttar Pradesh Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Rules, 2015, which mandates production of an injury report indicating penetrative sexual assault as an indispensable prerequisite for financial assistance under the State welfare scheme for child victims of sexual violence.
The case arose when an eight-year-old girl, referred to as Victim X, sought compensation of Rs. 3,00,000 under Entry 7 of Annexure 1 to the State Scheme after being a victim of aggravated penetrative sexual assault. While the FIR and charge-sheet were duly filed under Sections 5(m) and 6 of the Protection of Children from Sexual Offences Act (POCSO), 2012, the victim had not consented to the internal medical examination required to produce an injury report indicating penetrative assault. Consequently, the claim was rejected by the District Steering Committee on the ground that the injury report was missing.
The High Court carefully examined the statutory framework, including the POCSO Act, Code of Criminal Procedure, and the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023, which emphasize consent as an indispensable safeguard during medical examinations. Relying on precedents from the Supreme Court and other High Courts, the bench observed that the absence of an injury report does not negate the occurrence of sexual assault since such assault need not always leave visible injuries. Moreover, the refusal to undergo a particular medical examination is a protected legal choice and cannot be used to deny welfare benefits.
The Court held that the mandatory injury report condition creates an arbitrary classification among victims - those with available injury reports and those without - despite both groups suffering the same trauma and deserving equal support. This condition lacks rational nexus to the scheme's object of providing immediate monetary, medical, and rehabilitative assistance, thereby violating the equality guarantee under Article 14 of the Constitution.
Further, the bench emphasized that the welfare scheme's purpose is to ensure swift relief and rehabilitation to victims and that procedural conditions should not frustrate this objective. The Court referred to a prior Division Bench judgment which ruled that absence of visible injury in a medical report cannot be a ground to deny compensation and extended this reasoning to cases where no injury report is produced due to non-consent for internal examination.
Even though the writ petition did not specifically challenge the constitutionality of the injury report condition, the Court exercised its powers under Article 226 of the Constitution to strike down the unconstitutional part of the scheme and mould relief to render effective justice. The Court quashed the rejection decision of the Steering Committee and directed the State to release Rs. 3,00,000 to the victim within ten days.
This judgment reaffirms the principle that social welfare schemes must be interpreted liberally to advance their humanitarian objectives and that legal safeguards like consent must be respected without denying essential support to vulnerable victims.
Bottom Line:
Welfare Scheme for child victims of sexual assault - Condition requiring "injury report indicating penetrative sexual assault" as mandatory prerequisite for compensation under Uttar Pradesh Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Rules, 2015 held arbitrary and violative of Article 14 - Absence of such report due to non-consent for internal examination cannot disentitle victim from immediate financial assistance - High Court can strike down such condition and mould relief even without specific prayer.
Statutory provision(s):
Article 14, Constitution of India, 1950; Section 3, 5(m), 6, 27, Protection of Children from Sexual Offences Act, 2012; Section 164-A(7), Code of Criminal Procedure, 1973; Section 184, Bharatiya Nagarik Suraksha Sanhita, 2023; Uttar Pradesh Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Rules, 2015 (Annexure 1, Entry 7)
Victim X v. State of U.P., (All)(DB) : Law Finder Doc Id # 3001694
