Delhi HC Directs DSLSA to Compensate Minor Rape Survivor with ₹9.65 Lakh for 2018 Assault by Father

Delhi HC Directs DSLSA to Compensate Minor Rape Survivor with ₹9.65 Lakh for 2018 Assault by Father

Recently, Delhi High Court directs DSLSA to pay Rs. 9.65 lakh of compensation to a minor rape victim who was sexually abused by her father.

The incident occured back in 2018 and at that time the minor was 17 years of age.

Compensation to the victim is an essential part of curing justice. Compensation not only provides monetary relief but is also an act which seeks to make a person whole again so that the victim can take steps for rehabilitation and start afresh,” Justice Manoj Kumar Ohri said.

The court was addressing the victim's plea challenging a 2022 trial court decision that granted her a final compensation of ₹10,000. Previously, in 2020, she had been awarded interim compensation of ₹75,000.

In 2021, following the accused father's suicide at his residence, the proceedings against him were abated.

During the course of hearing, the bench perused the Victim Impact Assessment report and clarifies said that the minor had undergone severe mental trauma after this incident.

The court further observed that the victim's mother was the sole breadwinner of the family, earning a meager ₹7,000 per month, which was insufficient to support a family of three.

Although the offence in the present case, i.e. aggravated sexual assault, is not explicitly mentioned in the Scheme, the same would not get in the way of this Court using a similar offence, being 'Unnatural Sexual Assault' as a reference while determining the quantum of compensation,” it said.

Justice Ohri concluded: “Thus, the compensation which has been finally determined by this Court to be payable to the petitioner is Rs.10.5 lacs. Since Rs.85,000/- already stands paid to the petitioner, the petitioner is now entitled to receive a further sum of Rs.9,65,000/-.”

Case Title: X v. State & Anr.

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