Tuesday, 31 May 2022

legal opinion on the right of student rape victims

                                 SHORT NOTE ON LEGAL OPINION

FACTS:

Mamta is a college student & victim of rape. She is psychologically disturbed & unable to attend even her college. She need regular counseling by a psychologist. Further, she need a tutor at home. However, she is poor girl & her parents cannot afford the expenditure. She approached an NGO, who assured her that she will get the compensation once the case is decided in her favor. But, she is in urgent need of the assistance. 

ISSUE: 

Is there any legal remedy so that Mamta can have some financial help as a matter of right.

LEGAL ASPECT:

The offence of rape is a heinous crime which not only destroy women physically but also mentally. A rape victim can asked for victim compensation scheme under section 357 of Code of Criminal Procedure for the immediate relief to the rape victim apart from rape provision under Indian Penal Code (IPC), court conviction and fine in the final decision. The rape compensation scheme is a guideline issued as per the order of the Supreme court in the case of Nipun Saxena V. Union of India (2012) directed National Legal Service Authority (NLSA) to frame rules for the compensation to the victim of sexual offences. 

Under rape compensation scheme, a rape victim awarded minimum 4 lakh rupees to maximum 7 lakh rupees. On the recommendation of Court the compensation maximum amount shall be increased. For claiming compensation, victim required to fill Form 1 and submitted it into the court. Victim can ask for free legal aid from the Legal service Authorities in order to claim Victim compensation and court recommendation for the compensation. 

In the case of Serina Mondal Alias Piyada V. State of West Bengal & others (2018) Calcutta High Court held that in the offence of rape victim’s right to life under Article 21 of the Indian Constitution has been violated as state failed to protect the life of women as a result she got raped. It is the State liability to compensate victim. 

In the case of Manohar Singh V. State of Rajasthan & others (2015) Supreme Court held that Compensation can be given even if crime goes unpunished for want of adequate evidences. 

The amount of money in the victim compensation scheme depends upon the following factors. Are as follow-

  • Severity of mental & physical harm to the victim

  • The expenditure of medical treatment required to the victim 

  • If victim is a school or college student, she has lost academic year which resulted into loss of education

  • If the victim is an employed women, she lost her employment

  • If she has been abused multiple times over a course of time

  • If the victim got pregnant 

  • If she got any sexual disease 

  • If the victim financial condition is feeble.

  • If victim suffer any disability

  • In case of death of victim, her dependent can claim the compensation. 

The victim compensation scheme provide interim relief to the victim and provide her financial resources to tackle difficulties. 

OPINION:

In my opinion Mamta should apply for victim compensation scheme for the immediate interim relief to tackle her current situation. Mamta is a student so any kind of delay will be very expensive for her academic as well as social life. I request court to provide interim relief to Mamta as early as possible.


                                                                          




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