The Delhi High Court increased the compensation for a sexual abuse victim from Rs. 85,000 to Rs.10.5 lakhs. The court emphasized that the victim, who was just 17 years old, endured years of aggravated sexual assault by her father, resulting in significant mental trauma. This decision highlights the need for adequate support for survivors of such heinous acts.
New Delhi: The Delhi High Court emphasized that compensation for sexual abuse victims is a crucial aspect of justice aimed at helping the victim regain a sense of normalcy.
Justice Manoj Kumar Ohri ruled that a girl who endured years of sexual abuse by her father entitled to a total compensation of Rs.10.5 lakhs, which includes an additional Rs. 9.65 lakhs on top of the Rs. 85,000 she previously received.
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The Court highlighted the severe mental trauma experienced by the victim, who was 17 when the abuse was reported in 2018, and acknowledged the prolonged nature of the sexual assault inflicted by her father.
It stated,
“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.”
The case in question involved a criminal matter registered in 2018 under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
In December of that year, a man was apprehended for sexually abusing his daughter. Unfortunately, he died by suicide while awaiting trial, which effectively terminated the proceedings in the trial court.
During this time, the victim received Rs. 75,000 as interim compensation, and an additional Rs. 10,000 was later awarded, bringing the total compensation to Rs. 85,000.
This decision contested in the High Court, where the victim’s attorney argued that the compensation set by the special court was grossly insufficient given the level of trauma the victim had experienced.
It was also highlighted that the victim’s mother was the family’s only breadwinner, earning a meager Rs.7,000 a month, which was barely enough to support a household of three, including herself, her daughter, and her son.
The Court acknowledged that such an income was inadequate for a family of this size. Furthermore, it pointed out that due to the mental trauma and financial hardships, the victim had to pause her education for a year.
Recognizing the importance of enabling the victim to continue her higher education and improve her overall well-being, the Court concluded that additional compensation was necessary.
The Court additionally noted that while the offense of ‘aggravated sexual assault’ is not specifically included in the Delhi Victim Compensation Scheme, 2018 (DVC Scheme), the compensation amounts designated for victims of ‘unnatural sexual assault’ could serve as a basis for determining the appropriate compensation in this instance.
The Court stated in its order dated September 5,
“The minimum limit of compensation to be awarded for ‘Unnatural Sexual Assault’ is Rs. 4 lakhs, while the maximum limit is Rs. 7 lakhs. This Court is of the opinion that the maximum compensation should be treated as the minimum compensation that can be granted,”
Moreover, the Court observed that since the victim was a minor, both the minimum and maximum compensation limits would need to be increased by 50 percent.
As a result, it raised the compensation range from Rs. 4 to Rs. 6 lakhs to Rs.7 to Rs.10.5 lakhs. The Court ultimately concluded that the victim was entitled to Rs.10.5 lakhs in compensation and instructed the Delhi State Legal Services Authority (DSLSA) to ensure that the payment is processed within four weeks.
Advocates Rohit Bhardwaj and Shiv Nath Sawhney represented the petitioner-victim in the case.
The State represented by Assistant Public Prosecutor Laksh Khanna. Additionally, Advocates Amit George and Arkaneil Bhaumik acted on behalf of the Delhi Legal Services Authority.