Interpreters must aid mentally-challenged rape victims, says HC

CHENNAI: Rejecting the act of a Metropolitan Magistrate who denied permission for an interpreter/educator to assist while recording the statement of a mentally challenged rape victim, the Madras High Court held that it is essential to have an assistant while recording the statement of a mentally challenged rape victim.

Justice M Nirmal Kumar passed this direction on hearing a plea by a mother of a 21-year-old mentally challenged rape victim. The petitioner stated that the XVII Metropolitan Magistrate at Saidapet had denied permission for an interpreter when the victim narrated her plight.

On recording the submission, the judge quashed the act of recording the statement from the victim by the Metropolitan Magistrate on August 25 and directed the Chief Magistrate to appoint another magistrate for recording the statement of the victim freshly under section 164 of the code of criminal procedure. “A woman magistrate shall be appointed for recording the fresh statement as it would ease the victim to elaborate the incident,” the judge noted. He also asked to take the assistance of an interpreter who shall be the victim’s school teacher. As the victim could explain the sexual assault comfortably, a teacher preferable by the victim shall assist her. On August 15, the victim’s mother lodged a complaint that her daughter was raped by one Dinesh Kumar, a neighbour, taking advantage of the victim’s condition.

The victim was studying in class X in a special school. After the complaint was lodged, the victim went for medical examinations in RGGGH. After the doctors conducted the psychiatric assessment for the victim, they reported that the victim had a moderate intellectual disability, said the petition.