By Shaurya Mahajan.

In a significant ruling, the Delhi High Court directed the Delhi State Legal Services Authority (DSLSA) to pay Rs. 9.65 lakh as compensation to a minor rape victim who was sexually assaulted by her father in 2018. The Single-Judge Bench of Justice Manoj Kumar Ohri emphasised that compensation is a crucial element of justice, aimed not only at providing monetary relief but also at aiding the victim’s rehabilitation and recovery. The Court stated, “Compensation seeks to make a person whole again so that the victim can take steps for rehabilitation and start afresh.”

This judgment came in response to an appeal filed by the victim against a 2022 trial court ruling that had awarded her a mere Rs. 10,000 as final compensation, following an interim compensation of Rs. 75,000 granted in 2020. The victim’s counsel argued that the trial court’s order was arbitrary, lacking any reasoning for the low compensation amount, and did not reflect the gravity of the trauma suffered by the victim.

The Court reviewed the Victim Impact Assessment report and noted that the victim had endured severe mental trauma due to the aggravated sexual assault by her father. Furthermore, with the accused father having committed suicide in 2021, the victim’s mother, earning a modest income of Rs. 7,000 per month, was left as the sole breadwinner for the family of three.

After considering the circumstances and the legal framework, the High Court ordered the DSLSA to disburse an additional sum of Rs. 9.65 lakh to the victim within four weeks. The Court’s decision acknowledged the inadequacy of the initial compensation and aimed to provide the necessary financial support for the victim’s rehabilitation and well-being.

[Case Title: X v. State & Anr, Neutral Citation No. 2024: DHC: 7103]

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