Read Time: 07 minutes

Synopsis

The Allahabad High Court recently called upon the District Magistrate (DM), Balrampur to file his personal affidavit to explain as to why compensation had not been paid to a rape victim even after more than two years of the incident. 

Court also asked the DM to make an inquiry as to which victim's compensation scheme is prevailing as on date in the State of Uttar Pradesh and file a report.

Court was dealing with a plea moved by a rape victim, who had been raped in August 2020. The petitioner had moved the high court seeking direction to the Chairman of UP Rani Laxmi Bai Mahila Evam Bal Samman Kosh to provide her the deserved compensation under Rani Laxmibai Mahila Samman Nidhi. 

Stating that she, belonging to a Below Poverty Line (BPL) family, would not be able to pursue the case and appear before the trial court which is 50 km away from her house, without the state government's financial assistance, the victim had filed an application before state authorities which was accepted and forwarded by the District Committee for sanction of the given compensation amount. 

Later on, when the victim inquired about the same from the office of UP Rani Laxmi Bai Mahila Evam Bal Samman Kosh, she was told that the compensation money had been sanctioned by the state office. Although, the victim had not received anything by then. 

Thereafter, in December 2022, the victim filed a representation for providing compensation before the concerned authorities which is still pending. Therefore, the victim moved the high court seeking direction for the earliest disposal of her representation. 

The District Probation Officer, Balrampur informed the high court that the petitioner's claim under the victim compensation scheme had been considered by the District Level Committee and the recommendation of the committee had already been approved by the District Magistrate. 

"However, the payment could not be transmitted in the account of the petitioner for the reason of the merger of Indian Bank," he asserted. 

The division bench of Justice Sunita Agarwal and Justice Manish Kumar observed that the payment had been though transmitted in the account of the petitioner on January 7, 2021, it was not transmitted on account of transitional circumstances. 

The court further pointed out that no explanation had been provided by the authorities as to why necessary steps had not been taken after January 7, 2021 i.e for a period of more than two years.

Court held that District Probation Officer, Balrampur (UP) was trying to shift the responsibility on the prescribed authority- Rani Lakshmi Bai Women and Child Welfare Scheme Yojana Bhawan, Lucknow to assert that the entire responsibility for payment of compensation to the victims under the scheme in question is that of the prescribed authority.

Moreover, court highlighted that the old compensation scheme had been modified by the virtue of  the decision of the Apex Court in the case of Nipun Saxena vs Union of India reported in (2019) and a new amended scheme has been applied in the State of UP. 

"Neither the learned standing counsel nor the officer present in the Court is aware of the said change," Court, however, stressed. 

Therefore, while directing the DM, Balrampur to file his personal affidavit, court posted the matter for further hearing on May 10, 2023.

Advocate Mohd. Kumail Haider and Iqbal Ahmad represented the victim before the high court. 

Case Title: Xyz v. State of UP