Woman's Claim Under Victim Compensation Scheme Rejected As She Was Not Contactable: Delhi HC Asks DLSA To Reconsider Decision By Taking Holistic View

The Delhi High Court has directed the Delhi Legal Services Authority to reconsider a woman's application for interim compensation under the victim compensation scheme, which was earlier rejected for the reason that she was neither contactable nor any documents were given by her to support her claim. In her application, the woman had claimed to be a victim of sexual offences.

Justice Rekha Palli asked the DLSA to take a holistic view of the matter, and directed it reconsider the petitioner's claim within a period of one week.

"It is expected that respondent no.1 will take a holistic view of the matter, especially keeping in view the fact that the petitioner is a victim of sexual offences," the order stated.

The petition was filed by a woman seeking grant of interim compensation under the Victim Compensation Scheme, claiming to be a victim of sexual offences punishable under Sections 328, 354, 354A & 509 of IPC and Section 67 of Information Technology Act 2000.

Mr. Kawaljeet Arora, Member Secretary of DLSA apprised the Court that despite their best efforts, neither the woman was contactable, nor any documents from her were forthcoming to support the claim which is why the authority was justified in rejecting the claim.

On the other hand, counsel for the Petitioner submitted that the woman could not be contacted as DLSA was trying to contact her through local police against whom she had already lodged an FIR.

"In these circumstances, it is evident that one of the main reasons for non grant of interim compensation to the petitioner is on account of she not being contactable for which she has given due explanation, the impugned order dated 28.11.2020 is therefore, set aside," the Court ordered.

Directing DLSA to reconsider the petitioner's claim within one week, the Court adjourned the matter to August 25.

Title: RAJESHWARI v. DELHI LEGALSERVICE AUTHOIRTY AND ORS

Click Here To Read Order