In a writ petition, the Gauhati High Court addressed the unfortunate situation where a minor girl, aged about 10 years, who was subjected to sexual assault, resulting in her impregnation. The minor victim, now aged about 16 years, gave birth to a girl child at the age of about 11 years. The petitioner, initially the father of the victim, filed for compensation on behalf of the child born out of the sexual offense. However, the father passed away during the pendency of the petition.
The court expressed concern for the child, who presently is about 4 to 5 years old, with no one effectively looking after her. The victim’s mother is still a minor with no income or proper education due to the impact of the offense on her life. The perpetrator of the offense has been convicted and is serving a sentence.
The State, in compliance with earlier court orders, is depositing Rs. 4,000 per month in the appropriate account for the benefit of both the victim mother and her child. Additionally, the victim mother received Rs. 3,00,000 under the victim compensation scheme. The court acknowledged the extended definition of ‘victim’ to include the child born out of the offense, and further compensation under the victim compensation scheme was discussed.
However, the court deemed the awarded compensation as grossly inadequate, especially considering the child’s predicament. Mr. S.C. Keyal, a counsel practicing in the court, volunteered to take care of the child’s educational needs from his personal expenses. Mr. Keyal stated his intention to pay the yearly expenses of about Rs. 13,500 for the child’s education and offered to arrange financial support from other voluntary sources as the child progresses to higher education levels.
The court appreciated Mr. S.C. Keyal’s generous gesture and accepted his offer. It directed Mr. Keyal to coordinate with the petitioner’s counsel and the family to ensure the child’s educational and other needs are adequately addressed.
Advocate S.C. Keyal to financially support the education of a child born to a victim of a sexual offense
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