Delhi HC to examine compensation for rape survivor contracting HIV

In her plea, filed with the help of an NGO, the woman has sought enhanced financial compensation, comprehensive rehabilitation, access to education, and a permanent government job to help her rebuild her life

What constitutes appropriate compensation for a rape survivor who contracts human immunodeficiency virus (HIV) as a direct consequence of the assault? The Delhi High Court has decided to look into this critical question after a plea was filed by a rape survivor, who contracted HIV as a result of the crime, seeking enhancement of the victim’s compensation.

Justice Sanjeev Narula has issued notice to the Delhi government on the plea of the woman who contended that the schedules under the Victim Compensation Scheme do not stipulate any provision for award of compensation specifically with respect to a victim contracting Sexually Transmitted Disease (STD) as a result of the assault.

The judge noted that the petition deals with an “unfortunate case” in which the petitioner was subjected to sexual assault, leading her to contract HIV as a result of the said offence.

In her plea, filed with the help of NGO Brave Souls Foundation, the woman has sought enhanced financial compensation, comprehensive rehabilitation, access to education, and a permanent government job to help her rebuild her life.

The petition underscored that while she has received interim compensation totalling ₹2.75 lakh — ₹1.75 lakh from the Delhi State Legal Services Authority and an additional ₹1 lakh following a trial court order — these amounts are grossly insufficient to cover her extensive medical expenses and lifelong challenges.

The case dates back to December 2017, when the victim, who was 15-year-old then, and resident of Karawal Nagar here was lured by a known acquaintance to Jaipur, Rajasthan, under the guise of securing employment.

Upon arrival, she was allegedly drugged and sexually assaulted by multiple individuals, some of whom remain unidentified. Fearing police involvement, the accused abandoned her, sending her back to Delhi alone on a bus.

Around two years after the incident, the survivor had been remaining continuously ill. While undergoing tests prescribed by the doctors, she was found to be infected with HIV as a result of the offence.

“This has led to a lifetime of medication and added stigma, further limiting her chances of leading a normal life, including prospects for marriage,” her plea said.

The survivor then approached Shaheen Malik of the Brave Souls Foundation seeking assistance to move ahead in life. Commenting on the issue, Ms. Malik said, “According to me, there should have been a rehabilitation policy of the government in place for dealing with such survivors of sexual assault”.

Published - November 27, 2024 10:44 pm IST