The Delhi High Court is considering a plea from a sexual assault survivor seeking increased interim compensation after contracting HIV. The survivor’s petition highlights inadequate support in the Delhi Victim Compensation Scheme for those affected by STDs. The court has requested the state government’s response, with the next hearing set for January 7, 2025.
New Delhi: The Delhi High Court has sought the state government’s response to a plea by a sexual assault survivor seeking an enhanced interim compensation, citing the life-altering consequences of contracting HIV due to the crime committed against her.
Justice Sanjeev Narula issued notices to the Delhi government, its Department of Women and Child Development, and the Delhi State Legal Services Authority, directing them to file their responses within two weeks. The next hearing is scheduled for January 7, 2025.
The survivor’s petition highlighted the devastating impact of contracting HIV, including severe physical and mental trauma, loss of opportunities, and overwhelming medical expenses. Her counsel emphasized the absence of specific provisions in the Delhi Victim Compensation Scheme for survivors who contract STDs or HIV due to sexual assault.
“The sexual assault not only deprived her of opportunities but also burdened her with overwhelming medical expenses, causing severe physical and mental trauma,”
the plea argued.
The case dates back to 2017 when an FIR was registered under the IPC and the Protection of Women from Sexual Harassment Act.
The survivor received Rs 1.75 lakh as interim compensation under the Delhi Victim Compensation Scheme. On November 11, 2023, a trial court ordered an additional interim compensation of Rs 1 lakh, which has since been provided.
However, the petitioner contended that the compensation was insufficient, given the profound and lifelong repercussions of the assault.
Key Concerns Raised
- The petition underscored the lack of specific guidelines within the compensation scheme to address cases where survivors contract life-altering diseases like HIV due to sexual violence.
- It called for urgent reforms to ensure just compensation for victims facing extraordinary circumstances, such as those involving severe medical consequences.
Acknowledging the gravity of the situation, the Delhi High Court has asked the concerned state authorities to clarify their stance. The court’s decision could potentially set a precedent for addressing the gaps in victim compensation frameworks.
The next hearing on January 7, 2025, will determine whether the survivor’s plea for enhanced compensation is granted. This case raises important questions about the adequacy of current victim support systems and the need for tailored provisions for survivors facing unique challenges.
The plea brings attention to the need for holistic reforms in victim compensation policies, ensuring survivors of sexual violence receive adequate financial and emotional support to rebuild their lives.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES