Prayagraj, Oct 24 The Allahabad High Court, in a significant judgment, has declared unconstitutional a provision under the Uttar Pradesh Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Scheme, 2015, which makes an injury report indicating penetrative sexual assault mandatory for claiming financial assistance for child sexual assault survivors.
A two-judge bench comprising Justice Saral Srivastava and Justice Garima Prashad held that the condition was manifestly arbitrary and violated Article 14 (right to equality) of the Constitution as it could deny rehabilitation assistance to victims for reasons unrelated to their need for relief.
The bench was of the view that the law protects a survivor's right to refuse a particular medical examination.
The court was hearing a petition filed on behalf of a minor girl from Jaunpur whose claim for financial assistance was rejected because no injury report indicating penetrative sexual assault was available.
The girl had undergone a medical examination, but consent was not given for the particular examination relating to penetrative sexual assault.
Accordingly, the court on Friday directed the state government to release financial assistance of Rs 3 lakhs to the petitioner within 10 days from the date of this judgment.
