Embrace rape victims, high court advises society
We should remember that rape is a crime beyond the control of the victim. The tragedy can strike any family. It is not something for which the victim has to be blamed. The whole society should come forward in defence and help the poor traumatized victims of rape
HC BENCH
Pronouncing a landmark judgment in a minor rape survivor’s case, the Lucknow bench of the Allahabad high court has observed that it is for society to decide as to how it wanted to treat a rape victim.
“We should remember that rape is a crime beyond the control of the victim. The tragedy can strike any family. It is not something for which the victim has to be blamed. The whole society should come forward in defence and help the poor traumatized victims of rape,” observed the division bench of justice Shabihul Hasnain and justice Devendra Kumar Upadhyaya on Tuesday.
The observation was part of the judgment in which the court directed the state government to provide additional ` 10 lakh as compensation to a minor rape survivor, who gave birth to a child recently, and make arrangements for her free residential education up to the degree level and employment thereafter.
The state government has already provided Rs 3 lakh as compensation to the girl.
The court also directed that her newborn be kept in hospital until the doctors felt that the infant could be discharged.
Thereafter, the child shall be handed over to the child welfare committee where adoption process may be completed, the court said.
The court observed: “Society will have to learn to manage their response towards a victim without forgetting that tragedy can befall on any one’s head. When women are respected and promoted by society as a whole only then it can be called truly free and liberated.”
The court further said that the question of rehabilitation of a rape victim can be best answered by people and not by courts alone.
“We, therefore leave this question of rehabilitation of “A” (the name given by the court to the minor rape survivor) open to the masses whose love and affection can save two negative characters of society in future. They should be accepted; not haunted by the society,” the court said while insisting that awareness about such social evils was also the right of the people.
“We put on record our anxiety and request that the government may conduct a socio-psychological study based on appropriate survey on the number of rapes, number of children born out of rape, number of abandoned children, reactions of the victims, ways and means to counter the trauma of rape and the choice of the rape victims as to what are their expectations and other related and ancillary issues”.
“We may observe here that in the matter relating to inheritance, the manner of birth of a person is irrelevant; the rights of inheritance of a person are governed by the personal law to which the person is subjected irrespective of the manner of birth of the person” the court said while stating that the rights of inheritance in the property of a biological parent is a complex personal law right which is guided by either legislation or custom and it may not be possible to judicially lay down any norm or principal for inheritance by a minor who is born as a result of rape. “Such attempt by court would amount to legislation by judicial pronouncement and would operate as precedent in time to come,” it added.
“It would not therefore be desirable to venture into this field and accordingly we leave it open for the appropriate legislature to deal with this complex social issue, the court said.