WWW.LIVELAW.IN ITEM NO.48

COURT NO.4 S U P R E M E C O U R T O F RECORD OF PROCEEDINGS

Writ Petition(s)(Civil)

No(s).

SECTION PIL-W I N D I A

565/2012

NIPUN SAXENA & ANR.

Petitioner(s) VERSUS

UNION OF INDIA & ORS.

Respondent(s)

WITH W.P.(C) No. 568/2012 (PIL-W) W.P.(Crl.) No. 1/2013 (PIL-W) W.P.(C) No. 22/2013 (PIL-W) W.P.(C) No. 148/2013 (PIL-W) SLP(Crl.)...CRLMP No. 16041/2014 (II-A) (FOR CONDONATION OF DELAY IN FILING and REFILING ON IA 16043/2014) Date : 22-09-2017

These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA Ms. Indira Jaisingh, Sr. Adv.(A.C.) Ms. Radhika Saxena, Adv.

For Petitioner(s)

Petitioner-in-person Mr. Prashant Chaudhary, AOR Mr. R. P. Gupta, AOR Mr. E.C. Agrawala, AOR

For Respondent(s) UOI

Signature Not Verified Digitally signed by MEENAKSHI KOHLI Date: 2017.09.23 12:08:25 IST Reason:

Mr. Mr. Mr. Ms. Mr.

A.K. Panda, Sr. Adv. Mohan Prasad Gupta, Adv. S.A. Habeeb, Adv. Bhakti Pasrija Sethi, Adv. B.V. Balaram Das, Adv.

Mr. Mr. Mr. Mr.

S. Wasim A. Qadri, Adv. J.A. Khan, Adv. Zaid Ali, Adv. Tamim Qadri, Adv. 1

WWW.LIVELAW.IN Mr. Saeed Qadri, Adv. Mr. Lakshmi Raman Singh, AOR UPON perusing papers the Court made the following O R D E R We have heard the learned Amicus as well as learned counsel for Union of India. It appears to us that there is no integrated system with regard to disbursal, management and payment of compensation for victims of sexual assault.

Prima facie, it appears to us that

funds are being handed over to the States by the Union of India but there is no payment to the victims.

There is no record of how many

victims of sexual assault have received compensation and to what extent

and

how

much

time

it

has

taken

and

at

what

stage

compensation is paid to the victims. This is an unhappy state of affairs and the victims of apathy are only those who had already suffered sexual assault and nobody else. Under the circumstances, we would like to hear submissions from the learned Amicus as well as learned counsel for the Union of India on how best to evolve an integrated and cohesive system of payment of compensation to victims of sexual assault and also steps to rehabilitate these victims or at least reduce or eliminate the trauma they have undergone. List the matters on 4.10.2017. The Member Secretary, NALSA should be present in the Court on the next date of hearing to assist us.

2

WWW.LIVELAW.IN I.A. 76158/2017 The Member Secretary of the State Legal Services Authority, UT Chandigarh has handed over a status report in the Court today. This is taken on record. We

have

been

informed

that

the

investigating

officer

has

proceeded on maternity leave and a new investigating officer has been appointed. It is also stated that there is another accused who has been arrested and his DNA samples have been taken.

It has been decided,

apparently by the Trial Court, to send DNA samples for testing to the laboratory. We testing.

request

the

laboratory

to

expedite

the

result

of

DNA

The Trial Judge will pass appropriate orders as and when

the result of DNA testing is received. For this purpose, list the application on 12.10.2017. Learned counsel for the Union of India says that the victim compensation amount will be released to the State Legal Services Authority, UT Chandigarh within two weeks.

(MEENAKSHI KOHLI) COURT MASTER

(KAILASH CHANDER) COURT MASTER

3