SC Orders 10 Lakh Compensation, Free Medical Facilities For 10-Yr-Old Rape Survivor Who Delivered A Baby [Read Order]

The Supreme Court, on Friday, directed the Chandigarh administration to pay a compensation of Rs 10 lakh to a 10-year-old rape victim who recently delivered a baby girl after her plea to abort the unwanted pregnancy was turned down.

The Bench comprising Justice M.B. Lokur and Justice Deepak Gupta directed disbursement of an amount of Rs. 1 lakh immediately by the Chandigarh State Legal Services Authority, in order to tackle the immediate financial needs. The balance amount of Rs. 9 lakhs has been directed to be kept in a fixed deposit for the time being.The order came in an application filed by Senior Advocate Indira Jaising in the Nipun Saxena Vs Union of India case.

“If the father of the victim requires some more financial assistance, the State Legal Services Authority can make use of this amount from the fixed deposit and the interest incurred thereon,” the Bench further ordered.

The Court took into consideration the report submitted by Mr. Mahavir Singh, Member Secretary of the Chandigarh State Legal Services Authority, which elaborated on the health and the physical condition of the rape survivor and the new born baby.

The Court noted that the survivor and her parents, both desired adoption of the new born baby, and that the survivor may require a special diet for the next six months. It then directed the Chandigarh Administration to make adequate provision for the counselling, special diet and medical facilities for the survivor, through the Medical College and Hospital, Sector 32, Chandigarh.

“The Social Welfare Department of the Chandigarh Administration will ensure that no difficulty is faced by the victim or the new born baby in this regard. We make it clear that the facilities will be provided free of charge so far as the victim and the new born baby are concerned,” it ordered.

Besides, the Bench was advised by amicus curiae Mr. Indira Jaising, that it would be appropriate if some sort of a trust or a foundation is established. A scheme for such establishment will be given by Ms. Jaising within a week. Mr. Jaising also agreed to look into the victim compensation schemes of all States, to recommend one composite scheme with best practices.

The Court further directed non-disclosure of the identity of the survivor as well as her parents. “We make it absolutely clear that no one should disclose the identity of the victim, new born baby, parents of the victim, place of work or the place of residence of the parents of the victim. If it is brought to our notice that anyone has disclosed any information which may lead to the identity of the parents of the victim or the victim or the new born child, that person is liable to face proceedings for contempt of court apart from the possibility of prosecution under Section 228A of the IPC,” it ordered.

The Court then directed the matter to be listed on 1 September, and directed Mr. Singh to be present in the Court on the next date of the hearing.

Read the Order Here

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