Delhi High Court orders compensation of over Rs 900,000 for minor sexually abused by her father, calling it an essential part of “curative justice”

The Delhi High Court recently directed the DSLSA to pay compensation of Rs 965,000 to a minor rape victim who was sexually abused and assaulted by her father in 2018. At the time of the incident, the minor was 17 years old.

“Compensating the victim is an essential part of reparation. Compensation not only provides financial relief but is also an act aimed at restoring a person so that the victim can take steps toward rehabilitation and start anew.” Judge Manoj Kumar Ohri said.

The court was hearing the victim's petition challenging the court's 2022 order awarding her final compensation of Rs 10,000. She was awarded interim compensation of Rs 75,000 in early 2020.

In 2021, the accused father committed suicide in his house, whereupon the proceedings against him were discontinued.

The court examined the victim impact assessment report and said that the victim had suffered severe psychological trauma and had been the victim of severe sexual assault by her father.

It was further pointed out that the victim's mother was the only family member who earned money. The amount of 7,000 rupees per month was not enough to support a family of three.

“Although the offence in the present case, namely aggravated sexual assault, is not expressly mentioned in the scheme, this would not prevent the court from using a similar offence, namely ‘unnatural sexual assault’, as a reference point for determining the amount of compensation.“ it was said.

Judge Ohri concluded: “Hence, as per the final decision of this Court, the compensation due to the plaintiff is Rs 10.5 lakh. Since the plaintiff has already been paid Rs 85,000, he is now entitled to an additional amount of Rs 965,000.”

Title: X v. State & Anr.

Click here to read the order