The Supreme Court has directed Jharkhand govt to provide free education to minor children and accommodation to a rape victim while observing that a rape victim suffers not only a mental trauma but also discrimination from the society.
A three-judge bench of Justices Ashok Bhushan, R. Subhash Reddy & M. R. Shah has said, the petitioner being a rape victim deserves treatment as rape victim by all the authorities. A rape victim suffers not only a mental trauma but also discrimination from the society, observed the Court in its order.
The Apex Court has relied on its judgment given in case of Nipun Saxena and another vs. Union of India and others, (2019) 2 SCC 703, wherein following observations were made by this Court: “A victim of rape will face hostile discrimination and social ostracisation in society. Such victim will find it difficult to get a job, will find it difficult to get married and will also find it difficult to get integrated in society like a normal human being. ………”
The Court noted that petitioner/Rape victim has three children, two of them are still minor. On enquiry the Court was informed by the State Counsel that education upto the age of 14 years in the State of Jharkhand is free which is provided by the State. Following which, the Court has directed the Deputy Commissioner to take appropriate steps to ensure that minor children of the petitioner are provided free education in any Government Institution at Ranchi.
As regards to the grievance of the petitioner that being rape victim, it’s hard for her to get the accommodation, the Court has directed the Deputy Commissioner, Ranchi may consider the case of the petitioner for allotment of any housing accommodation under Prime Minister Awas Yojna or any other Scheme of the Centre or the State.
The Court has disposed off the matter with the following directions:
(1) The Deputy Commissioner, Ranchi is directed to take measure to ensure that minor children of the petitioner are provided free education in any of the Government Institutions in District Ranchi where the petitioner is residing till they attain the age of 14 years.
(2) The Deputy Commissioner, Ranchi may also consider the case of the petitioner for providing house under Prime Minister Awas Yojna or any other Central or State Scheme in which petitioner could be provided accommodation.
(3) The Senior Superintendent of Police, Ranchi and other competent authority shall review the Police security provided to the petitioner from time to time and take such measures as deem fit and proper.
(4) The District Legal Services Authority, Ranchi on representation made by the petitioner shall render legal services to the petitioner as may be deemed fit to safeguard the interest of the petitioner.
The Court pronounced its order on a writ petition filed under Article 32 of the Constitution of India by a Rape Victim who was raped by several persons throughout many years beginning from her tender age. The petitioner claimed that she belonged to a Scheduled Tribe Community in the State of Jharkhand. She filed a writ petition seeking directions of the Court stating that being a rape victim, her identity was disclosed by the media and because of that she couldn’t be able to get the accommodation. Therefore, she invoked the writ jurisdiction of the Apex Court in matter of her rehabilitation.
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Read the Judgment here;
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