Madurai: Bringing relief to a woman who was sexually assaulted in 2014, Madras high court has directed the authorities to disburse compensation to her under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016. The rape survivor belonging to the SC community was sexually assaulted by a man on April 15, 2014. Police registered a case, arrested the man and the trial is underway before the special court in Dindigul district.
In 2014, the survivor had filed a petition before HC seeking compensation and the court had directed to disburse Rs 1.8lakh to the woman which was fixed by the ministry of social justice and empowerment. Subsequently, the SC and ST (Prevention of Atrocities) Amendment Rules, 2016, came into force which entitled her to Rs 5 lakh compensation of which 50% must be disbursed soon after the completion of the medical test and 25 % at the time of filing the final report. Totally Rs 3,75,000 is to be paid to the victim.
In 2018, the woman had filed another petition before HC seeking enhancement of compensation according to the amended rules. “A beneficial piece of legislation must be interpreted in a purposive manner which would effectuate the object of the welfare legislation and the court must always lean in favour of applying the beneficial measures that have been given to victims, even in cases where the incident had happened before 2016,” observed the court, while directing the authorities to consider the woman’s representation in light of the above observations.
Based on the order, the woman submitted a representation to the authorities seeking payment of the remaining Rs 1.95lakh compensation. However, it was rejected by the authorities. Challenging the rejection order, the woman (petitioner) has filed the present petition before HC in 2019.
Justice observed that though the court has not given a positive direction in 2018, the observation made by the court was not considered properly by the authorities. Hence, the judge set aside the rejection order and directed the authorities to disburse the remaining compensation of Rs 1.95lakh to the woman in two months.
Taking a serious view of the fact that the petitioner was filing repeated petitions seeking compensation, the judge said she will not be permitted to do so whenever enhancement of relief or compensation is ordered in future by the government.
Courtesy : Times of india
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