Bombay HC orders police protection to rape survivor for collecting compensation – Hindustan Times

The Bombay high court (HC) has directed the police station concerned to provide protection to a minor rape survivor and her parents after it was informed that the accused was granted bail and hence the survivor and her family were not willing to come to Mumbai to collect compensation under the Manodhairya scheme.

The survivor had approached the HC through her father, seeking termination of her 32-week pregnancy under the Medical Termination of Pregnancy Act, but the same was disallowed after the panel of expert doctors suggested against it. The minor delivered the child who, as per HC order, was handed over to the Child Welfare Committee (CWC) for adoption. Thereafter, the family went to their hometown.

The bench of justice Ujjal Bhuyan and justice Prithviraj Chavan, while hearing the interim application of the father on Saturday, was informed by advocate Ashley Cusher that as per the June 19 order of the court, the compensation amount under Manodhairya scheme was not disbursed to the survivor as she had not shown up at the district legal service authority (DLSA) office. Cusher said that as the accused was out on bail, the survivor and her parents feared for themselves and hence were not willing to come forward to accept the compensation.

The survivor and her family, who lived in a slum at Govandi, had approached the HC in March after it came to light that the minor, a Class 7 student, was 31-weeks pregnant. The father stated that he had the eldest of his three children suffered from epilepsy and was cured by a man. Following which the man started frequenting the house as the family trusted him. But later he started stalking the survivor and raped her on two occasions on finding her alone at home. He also threatened the minor against informing her parents about it.

The case came to light when she was found pregnant, and a case was subsequently filed with the police, leading to the arrest of the accused. The father then approached the court seeking termination of the pregnancy. Government pleader informed the court that the DLSA was ready to disburse an interim amount of ₹30,000 to the survivor.

After being informed about the potential threat to the family and their apprehension of being harmed if they come to collect the compensation, the court said, “We direct that the survivor and her parents inform the Secretary of Mumbai District Legal Services Authority about the date of their visit and on such date, they should be provided adequate security by the jurisdictional police station, so that interim compensation is disbursed to the victim.”

The court also directed for the appointment of a para-legal volunteer to assist the minor and her family and disposed of the petition.