Child Rape Victim – India Legal

Delhi HC permits minor rape victim to terminate pregnancy at 24 weeks

India Legal — Thu, 06 Feb 2020 13:02:04 +0000

The Delhi High Court on Thursday allowed a minor rape victim to immediately terminate her pregnancy after a medical board from the Ram Manohar Lohia Hospital confirmed significant risk to the expecting mother due to her young age.

In #DelhiHC today the report of the Medical Board has been taken into consideration.#DelhiHC has allowed the medical termination of pregnancy to be carried out within 24 hours and DNA evidence to be preserved. @MinistryWCD @DelhiPolice #Minor #RapeVictim

— India Legal (@indialegalmedia) February 6, 2020

Justice Vibhu Bakhru discussed the matter in-chamber with the minor girl and her family before pronouncing the order in open court.

DNA evidence recovered from the medical termination of the pregnancy — to be carried out in the next 24 hours — has been directed by the court to be preserved as a matter of evidence of rape.

The petition was moved after the Child Welfare Committee, on ultrasound discovery of the pregnancy at 23 weeks asked the Delhi State Legal Services Authority to provide legal aid for representation before the Delhi High Court to obtain necessary orders.

The present law does not permit termination of pregnancy past the 20-week mark. However, the Centre has proposed a draft bill – to extend the period up to 24 weeks.

The Medical Termination of Pregnancy (Amendment) Bill, 2020 raises the upper limit of the age of foetus by four weeks to include vulnerable women including survivors of rape, victims of incest, differently-abled women, minors and so on, with the proviso of approval from two doctors for abortions between 20-24 weeks. The bill also proposes that the upper limit will not bind mothers carrying a foetus with substantial abnormalities, and the same is to be determined by a medical board.

‘Failure of contraception’ is another ground which is admitted for safe and legal abortion, for all women to especially prevent unmarried women from opting for illegal and secret procedures from quacks.

— India Legal Bureau

Supreme Court Affirms Death sentence for Rape and Murder of two minors

India Legal — Fri, 02 Aug 2019 12:21:44 +0000

While “The Protection of Children from Sexual Offences (Amendment) Bill, 2019” awaits the President’s assent, the Supreme Court has utilized the legislative intent to categorically deny relief to a life-sentence awardee from the Madras High Court.

Given the gruesome nature of the crime, the Supreme Court by a majority decision of 2:1 in Manoharan Vs State, on 1^st August, 2019 affirmed the death sentence pronounced by the High Court. The minority judgment given by Justice Sanjiv Khanna, for want of falling into the category of ‘rarest of rare’ case, would commute the sentence to a life imprisonment for the entire natural life of the prisoner, without the right of remission at any point of time.

Justices R.F. Nariman and Surya Kant, have held the penetrative sexual assault followed by murder of two minors was cold blooded, committed in the most heinous fashion.

A 10 year old girl and her 7 year old brother were kidnapped in their school uniform by the two accused (one Mohankrishnan was shot dead in an encounter, leaving only Manoharan to be tried of the ghastly offences). The minor girl was vaginally and anally raped after tying her with a rope. This was followed by administering milk mixed with cow dung powder to the siblings with the intention of killing them as it has auramine poison. To make sure of their death, the children were pushed in a canal. The bodies were discovered 12 kms away from the alleged site. The whole act was cruel and barbaric. The Court was also firmly held that a confessional statement is no repentance in itself and the accused as such is not remorseful as he tried to fix blame on the other accused and even hinted, in his letter, of collusion between the Magistrate and police. The accused will forever be a threat to the society.

Court relied on Sevaka Perumal v. State of Tamil Nadu [1991 (3) SCC 471], where it was held that, “he indulged himself in a deliberately planned crime and meticulously excluded it, the death sentence may be the most appropriate punishment for such a ghastly crime.”

Court also said that the judgment is in keeping with the legislature’s realisation that such crimes are on the rise and must be dealt with severely.

— India Legal Bureau

President Ram Nath Kovind gives nod to ordinance on death penalty for rape of minors below 12

India Legal — Sun, 22 Apr 2018 09:10:59 +0000

Above: President Ram Nath Kovind

President Ram Nath Kovind has signed The Criminal Law Amendment Ordinance, 2018 to amend Protection of Children from Sexual Offences Act (POCSO) thus allowing capital punishment to those who are convicted of raping children upto the age of 12 years.

On Saturday (April 21), the Union Cabinet had approved the ordinance mandating death penalty to those who found guilty of raping children upto the age of 12 years and had sent it for President’s assent. After President’s assent, the government notified it by publishing it in the gazette.

The Cabinet decision had come in the wake of the Kathua gang-rape case which created a huge uproar, prompting the Ministry of Women and Child Development, headed by Maneka Gandhi, to propose death penalty to those convicted of raping minors below 12 years of age.

After the President’s approval to the amendment, the new law allows death penalty to those found guilty of raping the girls upto 12 years of age. The new law also stipulates no provision of anticipatory bail in cases of rape with girls aged 16 years. And minimum 20 years imprisonment for rape with girls below 12 years of age.

In the cases of gangrape with girls below 12 years of age, the punishment will be life imprisonment or death penalty. For the cases of rape with girls below 16 years, the jail sentence has been increased from 10 years to 20 years.

In the cases of rape with women, the sentence of 7 years has been increased to 10 years and maximum punishment will be life imprisonment.

The new law also stipulates that in the cases of rape, investigation and trial will have to be completed within 2 months.

Please read the gazette notification here.

—India Legal Bureau

10-yr-old rape victim: SC orders transfer of Rs 9 lakh to FD in 2 weeks

India Legal — Fri, 01 Sep 2017 12:06:10 +0000

In view of the rape of a 10-year-old in Chandigarh by her maternal uncle, the entire issue of the insensitivity involved in tests on rape victims has come to the fore.

A PIL had been filed by a junior advocate (before the Chandigarh rape incident) asking the Supreme Court to consider the constitutional validity of the two finger test and praying for the framing of guidelines for the medico-legal assistance for victims of rape. The petitioner also sought framing and implementation of a uniform, gender-sensitive protocol for the examination, documentation and treatment of sexual assault survivors across the country, using the protocols and manuals developed by them.

Senior advocate Indira Jaising was appointed as amicus curie.

Before the Supreme Court bench of Justices Madan B Lokur and Deepak Gupta on Friday (September 1), Jaising sought certain clarifications regarding the previous order, pertaining to the compensation paid to the victim and her family.

There remains an ambiguity in the implementation of this mandate between the Department of Social Welfare of Chandigarh Administration and the District Legal Services Authority (DLSA) of Chandigarh.

Justice Lokur gave a thought for an appointment of some nodal officer for this process.

Jaising also raised doubt about professional and certified counsellors in sensitive issues in which a girl is pregnant and clueless about her pregnancy. The monitoring of palliative care of mother and child needs to be pro-active and regular, she said.

As far as the trial part of the rape is concerned, it should be conferenced through videography. When the social stigma and tainted stature of the rape victim and her child is considered, making physical appearances in court will be very difficult.

Jaising pleaded to the court to reconsider the interim order of Rs 10 lakh compensation. The order has said that an instant payment of Rs 1 lakh should be made to bear all medical expenses and the rest (Rs 9 lakh) is to be kept as a fixed deposit in the child’s name.

Jaising said: “We don’t have specific rape-victim compensation schemes, especially for minor rape victims. There is a need for tailored victim compensation schemes which may take care of the victim’s agony in an effective manner.

“As far as FIR of rape cases is concerned, the FIR should be automatically directed to the concerned DLSA. Para-legal volunteers of DLSA should extend their necessary support and counselling to the victim. Accordingly, victim compensation plan should also get activated well in time,” she said.

She added: “There is also need for a confidential communication to the headmaster of her school. This communication will help in monitoring the holistic performance and growth of girl in her social and friendly environment.”

The bench ordered: “The Child Welfare committee and Department of Social Welfare, through its under secretary, is directed to provide the necessary assistance and aid to the victim. The DLSA of Chandigarh Administration will transfer the requisite funds within two weeks from today.”

September 22 was set as the next hearing date.

—India Legal Bureau