HC grants compensation in long-pending minor rape cases

Justice Anoop Kumar Dhand of the Rajasthan High Court has delivered a significant verdict regarding rape victims who were minors nearly 20 years ago. He began his judgment on the matter of minors not receiving appropriate compensation under the Victim Compensation Scheme 2011 after rape.
Justice Anoop Kumar Dhand, while delivering a verdict on cases dating back nearly 20 years, stated that all rape victims who were minors before the amendment to Section 357 of the CrPC in 2009 are entitled to compensation of Rs. 3 lakh. However, the High Court clarified that this judgment would only apply to cases where a petition seeking compensation was filed before the amendment and the case is still pending.
Justice Dhand, in his judgment, wrote, “Rape is the biggest form of torture for a woman. Rape is not just physical abuse; it has adverse effects on the mental, psychological, and emotional well-being of the victim. Therefore, rape is categorised as a serious crime, highlighting the fundamental rights of women. Hence, the courts should handle such cases with serious sensitivity and responsibility.”
In essence, advocate Naina Saraf, representing the petitioner, informed the court that in 2006, a rape victim who was a minor filed a petition in the High Court, stating that her 2-year-old daughter was raped on July 19, 2004. The Sodala police arrested the accused and filed a charge sheet.
The fast track court sentenced the accused to 10 years in prison and imposed a fine of Rs. 500 on May 31, 2005, but no orders were given for compensation. The victim’s father had applied to the collector, seeking compensation of Rs. 3 lakh, but even after that, no compensation was provided. Only Rs. 10,000 was given from the Chief Minister’s Relief Fund.
During the pendency of the petition, an amendment was made in Section 357 of the CrPC, and the Victim Compensation Scheme 2011 was implemented, which included provisions for providing Rs. 3 lakh in compensation. However, even after this scheme, compensation was not granted.
In fact, before 2009, in cases of rape with a minor, the court used to issue orders for compensation. Only then could the victim apply for compensation. However, on December 31, 2009, an amendment was made to Section 357 of the CrPC, stating that the responsibility for compensating minor rape victims would lie with the state government.
After this, schemes were formulated in all states. The Rajasthan Victim Compensation Scheme 2011 was implemented in Rajasthan, which included a provision for providing Rs. 3 lakh in compensation to minor rape victims. However, under this scheme, compensation was only given for incidents that occurred after 2009.