HC: Rape victims need not submit certificates to get compensation
Jodhpur, April 14 -- The state high court has ordered all District Legal Services Authorities to not compel victims of rape to procure a certificate from the police or courts to receive compensation, a lawyer familiar with the matter said on Monday.
The bench of justice Anoop Kumar Dhand set aside the Bharatpur DLSA's rejection of an appeal for interim compensation by a minor who was raped in 2014, in a case sub-judice at the Pocso court.
The authority had rejected the application on technical grounds, citing lack of a certificate regarding the grant of interim compensation from the concerned station house officer (SHO) or magistrate.
"Instead of rejecting the petitioner's application seeking interim compensation, the DLSA could have asked the concerned SHO or magistrate to send a certificate with regard to the petitioner's entitlement for interim compensation," observed the court.
The court acknowledged that the state government framed a scheme to provide funds for compensation to victims or their dependents , known as "The Rajasthan Victim Compensation Scheme, 2011."
The bench ordered: "The impugned order passed by the DLSA, Bharatpur stands quashed and set aside, and a direction is issued to the DLSA to pass appropriate orders on the application submitted by the petitioner seeking interim compensation and final compensation, if the trial against the accused has been concluded and judgment has been pronounced by the trial court against him as per law, after receiving the certificate from the concerned SHO or from the concerned court instead of insisting that the petitioner obtain the same on her own."
The bench added that all RSLSAs and DSLAs must "adopt a uniform policy for distribution of the amount" as interim or final compensation to victims of rape.
"The details of the cases of such rape victims can be called for by these authorities at their appropriate level instead of compelling the rape victim to run from pillar to post to obtain the certificate," said the court....
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