Pay Rs 1 lakh to rape victim: NHRC to govt

The National Human Rights Commission has again asked the city government to pay Rs 1 lakh compensation to a rape victim.

The commission also sought a compliance report with a proof of payment within six weeks from the city government.

A 15-year-old girl was sexually assaulted by an employee of the city government’s LNJP Hospital on October 2, 2013.

According to NHRC, the city government, in response to the commission’s show cause notice, had said “the onus to pay monetary relief to the victim should lie with the accused instead of the hospital administration”.

“The city government had confirmed the incident and said the minor victim was neither a patient nor a relative of any patient. The accused, a class 4 employee of the hospital, had brought the victim from outside,” said the commission.

The accused was released on bail and the suspension review committee had decided to revoke his suspension from June 24, 2014.

The commission found that an FIR under section 342/376 of the IPC was registered against the accused employee with IP Estate police station on October 3, 2013.

A chargesheet was submitted in the court against him under the same sections and section 5/6 of Protection of Children from Sexual Offences Act, 2012 (POCSO). A chargesheet was also filed against a security guard of the hospital under section 19/21 of the POCSO Act.
The main accused was arrested on October 4, 2013 and was sent to judicial custody, while the security guard was granted bail.

“Prima facie, it was established that a minor girl was raped at the hospital by a staff who was a public servant, which amounted to violation of human rights of the victim for which the state is vicariously liable,” said the commission.

The commission can recommend to the concerned government to make payment of compensation or damages to the complainant or to the victim or the members of his family as per section 18(a)(i) of the Protection of Human Rights Act, 1993.

“Therefore, the commission reiterated its earlier stand for payment of monetary relief to the victim as recommended by it,” the NHRC said.

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