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Chandigarh asked to respond to plea seeking compensation for 10-yr-old rape victim

The top court was informed that the authorities in Chandigarh were insisting that compensation would be granted to her only after a charge sheet was filed in the case.

punjab Updated: Aug 18, 2017 21:54 IST
HT Correspondent
HT Correspondent
Hindustan Times, New Delhi
Supreme court,rape victim,Chandigarh
The apex court had on July 28 dismissed the plea seeking its nod for terminating the 32-week-old pregnancy of the 10- year-old rape survivor after taking note of a medical report that abortion was neither good for the girl, nor for the foetus.(HT File Photo)

The Supreme Court on Friday agreed to hear a plea seeking compensation of Rs 10 lakh for the ten-year-old rape survivor who delivered a baby in Chandigarh a day earlier.

A bench of Justice MB Lokur and Justice Deepak Gupta asked Chandigarh administration to respond to the plea and posted the matter for hearing on August 22.

Notices were also issued to National and District Services Authorities, which as per an earlier court order, have been in touch with the hospital authorities and the girl’s parents.

Doctors operated the girl on Thursday after medical advice opined that her body cannot take the stress of a normal delivery.

The child was made to deliver because the SC had refused to abort the 32-week-old foetus after a panel of experts advised against it, saying a midway termination would be detrimental for both her and the unborn baby.

The top court was informed that the authorities in Chandigarh were insisting that compensation would be granted to her only after a charge sheet was filed in the case.

“That is no answer ... What they say is absurd. We will issue notice to the Chandigarh administration also,” the bench said.

Senior advocate Indira Jaising, who assisted the court in the case, mentioned the plea. She told the bench that a compensation of Rs 10 lakh should be given to the rape victim as she was only ten years old and cannot look after the child.

“A ten-year-old mother cannot look after the child. Nothing has been paid to her so far,” Jaising told the bench.

The senior counsel referred to Thursday’s SC order where Rs 10 lakh compensation was granted to a destitute from Bihar who was raped and then forced to deliver the child because the authorities took time to decide her representation to terminate her pregnancy.

By the time the administration responded, the rape survivor had crossed the 20-week-limit the law prescribed for abortion. Her plea to drop the baby was also rejected by SC after a panel of doctors held continuation of pregnancy was not harmful to her. Law allows more than 20-week-old pregnant woman to abort if it is a risk to her or the child’s life.

(With PTI inputs)

First Published: Aug 18, 2017 18:34 IST