Rajasthan High Court Grants ₹3 Lakh Compensation to Minor Rape Victims, Invokes Manusmriti Principles

Rajasthan High Court Law Insider

LI Network

Published on: January 10, 2024 at 11:00 IST

The Rajasthan High Court recently referenced Manusmriti in a ruling that granted ₹3 lakh compensation to minor rape victims under the Rajasthan Victim Compensation Scheme, 2011 [GK v. State of Rajasthan].

Justice Anoop Kumar Dhand, hearing a plea from a minor rape victim’s father, cited a well-known shloka from Manusmriti, emphasizing the importance of honoring women.

The judge highlighted the egregious nature of rape as a severe violation of womanhood, causing physical, mental, and emotional trauma.

The Court stressed the need for sensitivity and responsibility in handling such cases, noting the right of a crime victim to adequate compensation and rehabilitation, as per modern victimology principles.

Regarding the specific case of a two-year-old girl raped in 2004, the court declared that the Rajasthan Victim Compensation Scheme, 2011 would retroactively apply, entitling victims to compensation, even those victimized before 2009, provided they had applied for compensation earlier.

The judgment issued a general mandate favoring compensation for minor rape victims before 2009, applicable to cases with pending applications or litigations on this matter before the competent authority.

However, the Court clarified that this ruling wouldn’t create new claims but pertain only to pending cases or applications before the competent authority.

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