Recently, the Gauhati High Court granted permission to an advocate who willingly stepped forward to support and provide for the educational requirements of a child above the age of 4. The child's birth resulted from a sexual offense against their minor mother.

In a ruling by Justice Achintya Malla Bujor Barua on a single judge bench, it was highlighted that if authorities acknowledge the child born from the aforementioned offense as a victim, they should additionally receive compensation under the victim compensation scheme. This is in addition to the existing monthly allocation of Rs. 4,000 provided to both victims.

Yet, the bench was informed that the State lacked any additional scheme beyond the victim compensation scheme. This case was brought by the father of the victimized mother, who, at the age of 10, faced sexual assault leading to her pregnancy and subsequent delivery of a child when she was around 11.

The father, pursuing the writ petition, sought compensation for the child resulting from the sexual offense. Tragically, he passed away during the ongoing proceedings of the petition.

Information presented to the Court revealed that the victimized mother had received some compensation as per the law, and concurrently, the perpetrator had been convicted and was serving the sentence. However, the Court observed that the victimized mother, still a minor, lacked personal income and had been deprived of education due to the upheaval caused by the offense in her life.

In this context, the Court emphasized that there's every justification for the child to possess a legal entitlement to adequate education and essential care. Additionally, the Court highlighted that the State had expansively interpreted the term 'victim' to encompass the child resulting from the aforementioned offense. As a result, the State was offering specific financial compensation under the victim compensation scheme to support the child.

The Senior Government Advocate, D. Nath, apprised the Court that a monthly sum of Rs. 4,000 was regularly deposited into the designated account for the welfare of both the victim mother and her child. Additionally, an amount of Rs. 3,00,000 had been granted to the victim's mother through the victim compensation scheme.

Nevertheless, an advocate practicing in the Gauhati High Court stepped forward voluntarily, expressing a commitment to cover the child's educational expenses with personal funds. The Court acknowledged that the current expenses cater to primary education.

However, recognizing that as the child progresses into secondary or higher education, the educational costs will inevitably increase,.

Case Title: X v. The State of Assam & 2 Ors.