'Shocking': Rajasthan High Court Slams Rejection Of Minor Rape Survivor's Compensation Claim On Technical Grounds

While expressing shock and surprise, Rajasthan High Court set aside an order of the District Legal Services Authority (DLSA) that rejected a minor rape victim's application for interim compensation, and asking her to get requisite certificate from the SHO/Magistrate. The bench of Justice Anoop Kumar Dhand held that the Rajasthan Victim Compensation Scheme 2011 (“Scheme”) was not followed by the respondent in its letter and spirit, and opined that instead of rejecting the application, DLSA should have asked the concerned authority to send the required certificate. The Court then passed a general direction for Rajasthan State Legal Service Authority (RSLSA) and all DLSAs to adopt a uniform policy for distribution of the amount, as interim and final compensation for rape victims, instead of insisting them to get certificate from the SHO or court. “The details of the cases of such rape victims can be called upon by these authorities, at their appropriate level, instead of compelling the rape victim to run from pillar to post to get the certificate. It is expected from Member Secretary, RSLSA to issue necessary directions to all the Full Time Secretaries of all DLSAs of all Districts of the State of Rajasthan to comply with the directions issued...”The petitioner was a 14 year old rape victim, who, at the stage of trial, had applied for grant of interim compensation under the Scheme, which was rejected by DLSA on a technical count that no certificate was issued in this regard by the concerned station officer/magistrate. Hence, petition was filed before the Court. The Court highlighted the significance of compensation for rape survivors, and made reference to a judgment of Supreme Court of Bangladesh, Al Amin Vs. State, in which it was held that mere punishment for offenders of sexual assault was not enough, and adequate monetary compensation was required to regress the wrong and damage to victim and family members. “Modern approach of victimology acknowledges that a crime victim has a right to be adequately compensated, rehabilitated and repaired. From the humanitarian point of view, there has been no scope to disagree that victims of crime especially the victims of rape must have something like 'reparation' or 'compensation' that can reduce their continuing sufferings and trauma.”Further reference was made to the Supreme Court case of Mohd. Haroon & Ors. Vs. Union of India & Ors. that held that even though no amount was adequate as compensation, since the State failed in protecting such serious violation of fundamental rights, it was duty bound to provide the same that may help in victim's rehabilitation. In this background, the Court held that DLSA was not expected to reject the victim's application in such a casual manner. Accordingly, the order passed by DLSA was set aside. DLSA was directed to pass appropriate orders towards the application of the petitioner after receiving certificate from the concerned authorities, instead of insisting the petitioner to get it.The Court further directed the RSLSA and DLSAs to adopt a uniform policy for distributing compensation to rape victims, instead of insisting them to get certificate from concerned SHO or court, in this regard. Accordingly, the petition was disposed of. Title: S d/o A v State of Rajasthan & Ors. Citation: 2026 LiveLaw (Raj) 134Click Here To Read/Download Order

'Shocking': Rajasthan High Court Slams Rejection Of Minor Rape Survivor's Compensation Claim On Technical Grounds

Nupur Agrawal

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