The Court held that the Rajasthan Victim Compensation Scheme, 2011 would apply retrospectively for pending claims.
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Rajasthan: In a landmark judgment, the Rajasthan High Court, Jaipur Bench, led by Justice Anoop Kumar Dhand, addressed the profound impact of rape, particularly on minors, and the critical need for sensitivity and substantial compensation in such cases. The case, S.B. Civil Writ Petition, involved G.K., the father of a two-year-old daughter who was a victim of rape.
Justice Dhand, in his ruling, invoked a powerful shloka from the Manusmriti, an ancient Indian text, to emphasize the importance of respecting women. He quoted,
“Yatra naryastu pujyante ramante tatra Devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah,” which translates to, “Where women are honored, divinity blossoms there, and where women are dishonored, all actions, no matter how noble, remain unfruitful.”
This invocation set the tone for the judgment, highlighting the court’s recognition of the dignity and respect owed to women.
The court delved into the severity of rape, expressing that it is more than a sexual offense; it is an act of aggression aimed at degrading and humiliating women. Justice Dhand emphasized the physical, mental, psychological, and emotional trauma endured by rape victims. He stated,
“It causes not only the physical torture to the body of the woman but it adversely affects her mental, psychological and emotional sensitivity. Therefore, rape is treated as the most heinous crime against the very basic human right and woman’s most important fundamental right, namely ‘the right of life.’”
In the specific case before the court, the perpetrator, Rajendra alias Nenhe, was found guilty of raping the petitioner’s daughter. Despite the conviction, the court noted the absence of any compensation awarded to the victim. The petitioner had previously applied for compensation under the Rajasthan Victim Compensation Scheme, 2011, but the application remained undecided due to a lack of legal provisions.
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Justice Dhand navigated through the legal landscape, tracing the evolution of victim compensation laws and quoting the 154th Law Commission Report. The report highlighted the necessity of compensating rape survivors beyond just the punitive measures against offenders. The court acknowledged that crime victims have a right to be adequately compensated, rehabilitated, and repaired.
The judgment also shed light on the amended Section 357A of the Code of Criminal Procedure (Cr.P.C.) introduced in 2009. Justice Dhand pointed out that the provision did not specify whether its benefits were prospective or retrospective. Citing precedents from other high courts, notably the Kerala and Calcutta High Courts, he supported the retrospective application of Section 357A.
Justice Dhand declared,
“Crime of rape committed with the minor victim is a dehumanizing one and an affront to human dignity. Hence, compensation should be awarded as a solace to the victim.”
In a significant move, the court directed the respondents to pay compensation of Rs. 3,00,000 to the victim’s daughter within three months, considering any previous compensation received. Furthermore, the judgment issued a general mandamus in favor of all minor rape victims before 2009 who had submitted claims before that year.
This ruling by the Rajasthan High Court marks a crucial step in acknowledging the rights and dignity of rape victims, especially minors, and underscores the judiciary’s role in ensuring justice and adequate compensation for the irreparable harm they have suffered.
Advocate Naina Saraf appeared for the petitioner.
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