Rajasthan High Court Quashes Denial of Compensation to Minor Rape Survivor

Jaipur: TheRajasthan High Courthas quashed a Jaipur Pocso court order that denied compensation to a minor rape survivor under the Rajasthan Victim Compensation Scheme, 2011, after the girl failed to provide income details or school fee proof.The high court criticised the lower court's reliance on technicalities regarding the survivor's financial status, emphasising that the eligibility for compensation should focus on the trauma experienced due to sexual assault. The matter has been sent back to Pocso court for reconsideration, with a directive that a new decision be issued within six weeks. The high court also suggested alternative ways for the petitioner to seek govt assistance.The order by the single bench of Justice Anoop Dhand, uploaded on court website Friday, was hearing a petition filed by the survivor challenging the Aug 11 order of the special judge, Pocso cases, Jaipur Metropolitan-I. The lower court dismissed the survivor's compensation plea, citing a lack of documentary proof regarding her income or the source of funds used to pay her school fees.The counsel for the survivor, Dharmendra Choudhary, submitted that during the trial against the accused, an application for interim compensation was left undecided until the conclusion of the case on June 12, 2024, when the accused was sentenced to 20 years in jail.Subsequently, a fresh application was also rejected on Aug 11 this year purely on technical grounds, contrary to the objectives of the govt's compensation scheme."The rape was committed on July 18, 2023. The girl was 15-year-old then," Chaudhary added.Coming down heavily on the Pocso court's approach, Justice Dhand observed that the purpose of the compensation scheme is to rehabilitate and provide solace to survivors of heinous crimes like rape and not to burden them with unnecessary procedural requirements."An application seeking compensation cannot be rejected on the technical ground that the petitioner did not furnish details of her source of income for making payment of her school fees, etc.," the high court held, emphasising the heinous nature of the crime which inflicts not only physical trauma but also deep mental, psychological and emotional wounds."The crime of rape can be regarded as the highest form of torture inflicted upon womanhood.It is not merely a sexual offence but an act of aggression aimed at degrading and humiliating the woman," Justice Dhand observed, adding that the courts must handle such cases with the utmost sensitivity and responsibility.Setting aside the Pocso court's order, the high court sent the matter back to it and directed the court to decide on the survivor's compensation claim afresh within six weeks. It also clarified that the petitioner may file the application either before the Pocso court or the secretary, District Legal Services Authority (DLSA), but not with both authorities simultaneously.