HC advocates child support in rape cases where survivors drop charges

Bombay HC recommends child support plan in rape cases where survivor drops charges, ensuring rights of the innocent child. Accused ordered to deposit ₹7.5 lakh for child's future.

MUMBAI: The Bombay High Court has recommended that in rape cases where the survivor becomes pregnant and later drops the charges against the accused, both parties should conceive a child support plan. “This way, they can safeguard the basic human rights of their innocent child,” said a division bench of Justice AS Gadkari and Justice Shyam Chandak.

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The bench made the remarks on May 10 while hearing a petition filed by an accused to quash a rape and cheating case registered against him at the Sahar police station. Varun Kumar Keshri allegedly promised to marry the complainant, had sex with her multiple times, and then broke his promise. The complainant, who became pregnant and later gave birth to a child, accused Keshri of rape. However, after a mutual settlement, she agreed to drop the charges, stating that the FIR was filed due to a misunderstanding.

During the court proceedings, it became clear that financial support for the child was necessary. The respondent informed the court that she was raising the child alone and needed financial assistance. Recognising this, the court acknowledged Keshri’s offer to contribute ₹7.5 lakh for the child as “voluntary and genuine”, and accepted it.

The bench then ordered Keshri to deposit the amount with the court registry within two weeks. The money will be invested in a fixed deposit at a nationalised bank until the child turns 21, after which they will receive the amount with any accrued interest.

“The life of an individual human being begins with conception and ends with death,” the court said while passing the order. It also underscored the need to protect the child’s rights from conception, emphasising that the Indian constitution does not differentiate between the rights of legitimate and illegitimate children.