Delhi HC: Child Born Out Of Rape Is Entitled To Compensation

The Logical Indian

December 16th, 2016 / 11:40 AM

The Delhi High Court has ruled that a child “born out of rape” is entitled to compensation, including “maintenance and support”, independent of any such relief granted to the mother.

The Delhi High Court passed the judgement after sentencing a man to life imprisonment for raping his minor stepdaughter. The victim conceived and gave birth to a baby boy in 2014. The trial courts found him guilty and convicted him after DNA tests showed that he was the father.

The girl said that she was abused since the age of 11 by her stepfather. He had also threatened the lives of her eight-year-old stepbrother and mother.

The accused was a driver. He had married the victim’s mother after her biological dad passed away.

There is no provision for such compensation in the Delhi government directives or under the Protection of Children from Sexual Offences (POCSO) Act.

“We find that there is a complete vacuum in the consideration of compensation so far as the sexual offence resulting in the birth of a child is concerned. Such a child is clearly a victim of the act of the offender and entitled to compensation independent of the amount of compensation paid to his/her mother. Such award would require to include amount towards his/her maintenance and support,” a Bench of Justices R.K. Gauba and Gita Mittal held in its 72-page judgment.

This statement is quite ironic. Just before the hearing for this case, the Delhi High Court reduced the compensation amount for the victim from Rs 15 lakh to Rs 7.5 lakh. The trial court has previously said that the girl should be paid Rs 15 lakh. But the High Court stated that this was against the compensation scheme formulated in 2011 by the Delhi government.

They also reprimanded the trial court for their carelessness in not maintaining the confidentiality of the victim.

The bench said a child born out of rape, either of a minor or a woman who is an adult, ‘is clearly a victim of the act of the offender and entitled to compensation independent of the amount of compensation paid to his/her mother’.

Contributors

Written by :

Edited by :

Partner Story

Baba Sehgal's Raps Encourages Angry Twitterati To #TakeItLite This World Hypertension Day

Propelled by

Tata Salt

BABA SEHGAL, the rap star is back with a cause. In a bid to create awareness about BP and its symptoms on the ‘World Hypertension Day’ celebrated on 17th May every year. In collaboration with Tata Salt Lite, Baba Sehgal responded to angry twitterati through hilarious raps asking them to #TakeItLite. It is an effort to address people who these days tend to get angry at small things very frequently. More often than not, social media becomes the gateway to vent their anger .‘Choti Choti Baaton Pe Gussa hona’ could be a symptom of hypertension. Baba, in his series of raps, responded to @Neha Dhupia and a bunch of other people who recently ranted on Twitter, asking them to # TakeItLite.

#takeitlite pic.twitter.com/b2KuEhDPWH

— Baba Sehgal (@OnlyBabaSehgal) May 17, 2019

The above activity was an initiative by Tata Salt Lite to create awareness on Hypertension. Twitter is currently abuzz with Sehgal’s raps. Twitterati across the platform have taken to their twitter handles to share #TakeItLite.

#takeitlite pic.twitter.com/2JcTHtBNCZ

— Baba Sehgal (@OnlyBabaSehgal) May 17, 2019

#takeitlite pic.twitter.com/RGhnU1sBQz

— Baba Sehgal (@OnlyBabaSehgal) May 17, 2019

Hypertension kills 7.5 million people worldwide each year, which is more than AIDS, road accidents, diabetes, and tuberculosis combined. Hypertension is the most common preventable cause of cardiovascular and non-communicable diseases throughout the world. Many studies have evidently emphasized that hypertension is a ‘silent killer’, with no warning signs. Therefore, knowing that one’s blood pressure is elevated allows the individual to take some action to mitigate the rising blood pressure, thus preventing fatal diseases.

Tata Salt Lite is a 15% low sodium salt and it is specially designed to provide consumers a convenient means to take preventive measures towards keeping the blood pressure in check. The campaign is another creative attempt to engage and educate consumers.

The Logical Indian appreciates the initiative of Tata Salt Lite to make people aware of hypertension that is otherwise overlooked by people; a small step towards sensitizing people to help them make a conscious choice of consumption.

Delhi HC: Child Born Out Of Rape Is Entitled To Compensation

The Logical Indian

Related Stories

Marriage Between Muslim Man & Hindu Woman ‘Irregular’, But Child Born Out Of It Is Legitimate: SC

[Video] Chennai Woman Saves Life Of New Born By Pulling Him Out Of Drain; Names Him Sugandhiram, Meaning Freedom

Former CMs Not Entitled To Occupy Government Bungalows: SC

Have You Been Denied Boarding Despite Arriving On Time? Here Is The Compensation You Are Entitled To

Born In The USA, This Teacher Has Been Making Mussoorie Waste-Free For The Last 20 Years

A Woman Is Entitled To Alimony After Divorce Even If She Has Deserted Her Husband: SC

Partner Story

Baba Sehgal's Raps Encourages Angry Twitterati To #TakeItLite This World Hypertension Day

Tata Salt

Latest on The Logical Indian

Definition Of Kilogramme, Kelvin, Mole & Ampere Changes, India Adopts New Standards For Measuring Units

How Votes Are Counted In Indian Elections?

Remembering Tuticorin Firings: City Mourns Victims Of Anti-Sterlite Protests

7-Yr-Old Sperm Whale Found Dead With Stomach Full Of Plastics In Italy

Washington Becomes The First State To Approve Composting As An Alternative To Cremation & Burial

Arunachal Pradesh MLA, Son Among 11 Others Killed In Ambush; Counter-Insurgency Operation Launched

Stories that deserve attention, delivered to your inbox!

Handpicked, newsworthy stories which deserve the attention of a rational generation.

Keep up with the world