SC grants ₹15-lakh compensation to deaf & dumb rape victim

NEW DELHI: The Supreme Court (SC) granted a one-time compensation of ₹15 lakh to a deaf and dumb rape victim from Himachal Pradesh who had delivered a girl child in 2016, modifying a high court order directing the state government to make monthly payments.

The apex court said that it was not initially inclined to interfere with the high court order but later thought it necessary to make some appropriate arrangement regarding the payment of compensation to the victim, having regard to her disability.

The top court modified a Himachal Pradesh high court order directing the payment of ₹30,000 per month for life as compensation to the victim, who is 80% handicapped.

“In the circumstances, we deem it appropriate to modify the order of the high court in so far as it pertains to the payment of compensation to the victim by directing the state to deposit an amount of ₹15 lakh in an interest bearing fixed deposit in the name of the victim in any nationalised bank in consultation with the member-secretary of the Himachal Pradesh State Legal Services Authority...,” a bench of justices J Chelameswar and Sanjay Kishan Kaul said.

It said that the interest accrued in the fixed deposit shall be withdrawable every month and be paid to the parents of the victim girl, so long as the parents are alive.

The court further directed for appropriate steps to be taken from time to time to ensure that the amount is actually spent on the welfare of the victim.

Standing counsel Varinder Kumar Sharma appearing for the state said that instead of making monthly payments, as directed by the high court, it would be appropriate that a lump sum amount be directed to be paid to meet the ends of justice in the instant case.

The Himachal Pradesh government has challenged the high court order, saying there was no scheme for compensating the rape victim for life time.

It had said that the quantum of compensation awarded by the high court was contrary to the scheme and the highest compensation payable was ₹1 lakh in case of death or disability equal to or more than 80%.

The high court had on June 29, 2016, while dismissing the appeal of convict Rajneesh alias Vicky, said that the prosecutrix was doubly in disadvantageous position since she has to maintain herself and her baby.