Rape Of Physically Challenged Minor Girl| Madras HC Awards ₹14 Lacs Compensation, Condemns DLSA's Prayer For Dismissal Of Petiton
The Madurai Bench of the Madras High Court while hearing a Writ Petition under Article 226 awarded a compensation of Rs. 14 lakhs to a minor who was raped by her neighbor. The mother of the minor had approached the High Court after the accused had died and the Trial Court closed the case.
The District Legal Service Authority (DLSA), Thoothukudi, had filed a counter-affidavit praying for the writ petition to be dismissed.
The Bench headed by Justice P.T. Asha criticizing the actions of the DLSA said that “Instead of assisting the Court in trying to rehabilitate and compensate the victim, who is a mentally and physically challenged girl, the fifth respondent has washed its hands off the case and prays that the writ petition be dismissed. The least said about the counter the better.”
The Court further while awarding the compensation, added that “this Court exercising jurisdiction under Article 226 of the Constitution of India directs that a compensation of a sum of Rs.14,00,000/- (Rupees Fourteen Lakhs only) be paid to the victim.”
Advocate R. Alagumani appeared for the Petitioner while the Respondents were represented by Govt. Advocate T. Amjadkhan.
The Petition was filed by the mother of the victim. The victim, a minor girl, was physically and mentally challenged. She was raped by her neighbour multiple times, but due to her medical conditions, she could not report the abuse. The mother of the victim got to know of the sexual assault when her daughter got pregnant.
The mother of the victim had moved to the High Court seeking a Writ of Mandamus to terminate the pregnancy, and award reasonable compensation. The High Court upon report from the Government Hospital Medical College, Thoothukudi, ordered for terminating the pregnancy and provided a compensation of Rs. 1 Lakh to the victim. Meanwhile, the accused had died and the Special Court had closed the criminal proceedings. DLSA in its counter-affidavit prayed for the Writ Petition to be dismissed.
The High Court slammed the actions of DLSA and said that “The very object of the Legal Services Authority Act is to “provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability”. The very object of this Act is lost from a reading of the counter filed by the fifth respondent.”
Further, for the compensation, the Bench said “In the aforesaid circumstances, the victim is definitely entitled to compensation and compensation of the maximum limit. This Court exercising jurisdiction under Article 226 of the Constitution of India directs that a compensation of a sum of Rs.14,00,000/- (Rupees Fourteen Lakhs only) be paid to the victim.”
The Court imposed certain conditions on the withdrawal of compensation by the guardian of the victim, her mother since the victim was a minor. Accordingly, the Court disposed of the Writ Petition.
Cause Title: T. Kaliammal v. The State of Tamilnadu and Ors.