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