Thursday, January 21, 2021

Supreme Court directs free education to minor children of rape victim

The Supreme Court Wednesday directed Deputy Commissioner of Ranchi to ensure that minor children of a rape victim are provided free education till they attain the age of 14 years.

Observing that a rape victim suffers not only a mental trauma but also discrimination from the society, a three-judge bench of Justices Ashok Bhushan, R Subhash Reddy and M R Shah also ordered the Deputy Commissioner to consider the case of the petitioner for a house under Prime Minister Awas Yojna or any other Central or State Scheme.

The Senior Superintendent of Police, Ranchi and other competent authority shall review the Police security provided to the petitioner from time to time and take such measures as deem fit and proper.

The District Legal Services Authority, Ranchi on representation made by the petitioner shall render legal services to the petitioner as may be deemed fit to safeguard the interest of the petitioner, the bench said.

With regard to the payment of compensation to the petitioner as a rape victim, the apex court noted that there is a statutory scheme already enforced in Jharkhand framed under Section 357A of the Code of Criminal Procedure Code, 1973, which provides procedure for grant of compensation.

The petitioner had already made application to seek compensation under the above Scheme and payment of compensation has already been made, the top court said.

The apex court was hearing plea filed by a woman claiming to be a Scheduled Tribe in Jharkhand. She was taken away by a man after which her father lodged a complaint.

The man was later apprehended and the victim's father and the police got her married to him.

The woman filed a complaint as well as case for maintenance against her husband after which she got the divorce and the custody of son was given to the man.

On June 8, 2002, she went to Daltonganj to meet her son when she was raped by four people. 

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