WWW.LIVELAW.IN ITEM NO.55
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)
(IA No./- and IA No.76158/2017-APPROPRIATE ORDERS/DIRECTIONS) Date : 25-08-2017
This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA Ms. Indira Jaising, Sr. Adv. (A.C.) Petitioner-in-person Mr. Aditya Arora, Adv. Mr. Namit Saxena, Adv. Ms. Radhika Saxena, Adv.
For Petitioner(s)
Mr. Prashant Chaudhary, AOR Mr. R. P. Gupta, AOR Mr. E.C. Agrawala, AOR
For Respondent(s) UOI
NCW
Signature Not Verified Digitally signed by MEENAKSHI KOHLI Date: 2017.08.25 17:20:40 IST Reason:
Chandigarh Administration
Mr. Mr. Mr. Ms. Mr. Mr. Mr. Mr.
Maninder Singh, ASG A.K. Panda, Sr. Adv. S.A. Habeeb, Adv. Bhakti Pasrija Sethi, Adv. B.V. Balaram, Adv. Shailender Saini, Adv. Gurmeet Singh Makker, AOR B. Krishna Prasad, AOR
Mr. Mr. Mr. Mr. Mr. Mr.
S. Wasim A. Qadri, Adv. J.A. Khan, Adv. Zaid Ali, Adv. Tamim Qadri, Adv. Saeed Qadri, Adv. Lakshmi Raman Singh, AOR
Ms. Jyotika Kalra, AOR Ms. Kamakshi S. Mehlwal, Adv. Mr. Sanveer Mehlwal, Adv. 1
WWW.LIVELAW.IN Dr. Ravindra Chingle, Adv. For States of Andhra Pradesh
Mr. Guntur Prabhakar, AOR Ms. Prerna Singh, Adv.
Assam
Mr. Debojit Borkakati,Adv. Ms. Diksha Rai, Adv. M/s. Corporate Law Group
Bihar
Mr. Gopal Singh, AOR
Chhattisgarh
Mr. A.P. Mayee, Adv.
Goa
Mr. Shishir Deshpande, Adv. Ms. Ruchira Gupta, Adv. Mr. Anurag Sharma, Adv.
Gujarat
Ms. Hemantika Wahi, AOR
H.P.
Mr. D.K. Thakur, AAG
Haryana
Mr. Mr. Mr. Mr.
J&K
Mr. Sunil Fernandes, AOR
Jharkhand
Mr. Tapesh Kumar Singh, AOR
Karnataka
Mr. V.N. Raghupathy, AOR
Kerala
Mr. C.K. Sasi, AOR
M.P.
Mr. Mishra Saurabh, Adv. Mr. Ankit Kr. Lal, Adv. Ms. Vanshuja Shukla, Adv.
Maharashtra
Ms. Madhavi Divan, Adv. Mr. Nishant Katneshwarkar, Adv.
Manipur
Mr. Sapam Biswajit Meitei, Adv.
Meghalaya
Mr. Ranjan Mukherjee, AOR
Mizoram
Mr. T.G. Narayanan Nair, AOR
Nagaland
Ms. Mr. Mr. Mr.
Ajay Bansal, AAG Vishwa Pal Singh, Adv. Gaurav Yadava, Adv. Sanjay Kr. Visen, Adv.
K. Enatoli Sema, Adv. Edward Belho, Adv. Amit Kumar Singh, Adv. K. Luikang Michael, Adv. 2
WWW.LIVELAW.IN Odisha
Mr. Shibashish Misra, AOR
Punjab
Mr. Karan Bharihoke, Adv. Ms. Zehra Khan, Adv.
Rajasthan
Mr. Mr. Mr. Ms.
S.S. Shamshery, Adv. Amit Sharma, Adv. Ankit Raj, Adv. Ruchi Kohli, Adv.
Mr. Mr. Mr. Ms. Mr.
Nalin Kohli, AAG Ankit Roy, Adv. Indrajeet Singh, Adv. Vishakha Ahuja, Adv. Milind Kumar, AOR
Sikkim
Ms. Mr. Ms. Mr. Ms. for
Aruna Mathur, Adv. Avneesh Arputham, Adv. Anuradha Arputham, Adv. Amit Arora, Adv. Simran Jeet, Adv. M/s Arputham Aruna & Co.
Tamil Nadu
Mr. M. Yogesh Kanna, AOR Ms. Mahalakshmi, Adv. Ms. Sujatha B., Adv.
Telangana
Mr. S. Udaya Kumar Sagar, AOR Mr. Mrityunjai Singh, Adv. For M/s Lawyer's Knit & Co.
Tripura
Mr. Gopal Singh, AOR
Uttar Pradesh
Mr. Sanjay Tyagi, Adv. Mr. Upendra Mishra, Adv. Mr. Vinay Garg, Adv. Mr. Abhisth Kumar, AOR Mr. Ravi Prakash Mehrotra, AOR
Uttarakhand
Ms. Rachana Srivastava, AOR
West Bengal
Mr. C.K. Ganguli, Adv.
A&N Islands
Mr. K.V. Jagdishvaran, Adv. Mrs. G. Indira, AOR
Puducherry
Mr. V.G. Pragasam, AOR Mr. Prabu Ramasubramanian, Adv. 3
WWW.LIVELAW.IN Mr. Manu Sundaram, Adv. Mr. Ardhendumauli Kumar Prasad, AOR Mr. Arun K. Sinha, AOR Mr. G.N. Reddy, AOR Mr. Kamal Mohan Gupta, AOR Mr. Khwairakpam Nobin Singh, AOR Mrs. Kirti Renu Mishra, AOR Mrs. Asha Gopalan Nair, AOR Mr. B. Balaji, AOR UPON hearing the counsel the Court made the following O R D E R We have heard learned Amicus, the learned Additional Solicitor General, learned counsel for Chandigarh Administration as well as Mr. Alok Agarwal, Member Secretary, NALSA and Mr. Mahavir Singh, Member Secretary, State Legal Services Authority, U.T, Chandigarh. We have also gone through the report prepared by Shri Mahavir Singh,
Member
Secretary,
State
Legal
Services
Authority,
U.T.
Chandigarh pursuant to our order dated 22.08.2017. The
health
and
physical condition of the rape victim and her new born baby.
It
also
report
details
details
the
the
wishes
of
status
the
relating
parents
to
of
the
the
rehabilitation of the victim and new born baby.
victim
and
Finally, the
report also contains status regarding investigation of the criminal case.
As far as investigation of criminal case is concerned, it is
stated that challan has been filed in an appropriate court on 24.08.2017.
We are sure that the court will take necessary steps
4
WWW.LIVELAW.IN in the matter. As
far
as
the
wishes
of
the
parents
of
the
victim
are
concerned, it is stated that they would like the new born baby to be adopted and it appears that steps have already been taken to declare the child free for adoption.
It is further stated that
since the victim and the new born baby is likely to be discharged from the hospital in a few days, medicines and special diet will be required to be provided for. As far as the victim is concerned, it appears that she may require a special diet for the next six months.
In addition to the
above, steps are required to be taken for rehabilitation of the victim for which the assistance of a support person and counselling are necessary. As far as provision for a support person, counselling, special diet and medical facilities for the victim and medical facilities for the new born baby are concerned, we direct the Chandigarh Administration
to
make
adequate
provision
for
this
Medical College and Hospital, Sector 32, Chandigarh.
through
the
The Social
Welfare Department of the Chandigarh Administration will ensure that no difficulty is faced by the victim or the new born baby in this regard. We make it clear that the facilities will be provided free of charge so far as the victim and the new born baby are concerned. While the father of the victim has not given any indication of any compensation, we are of the view that since a special diet is necessary for the victim and for the new born baby, an amount of Rs.1 lac should be released immediately by the State Legal Services 5
WWW.LIVELAW.IN Authority, U.T. Chandigarh so that the immediate financial needs can be taken care of.
We make it clear that the father of the
victim can approach the State Legal Services Authority if there is any further requirement in this regard. Under
the
Victim
Compensation
Scheme
for
the
Chandigarh
Administration, it appears that an amount of Rs.10 lacs is the entitlement of the victim.
Therefore, the balance amount of Rs. 9
lacs may be kept in a fixed deposit for the time being. If the father of the victim requires some more financial assistance, the State Legal Services Authority can make use of this amount from the fixed deposit and the interest incurred thereon. Learned
Amicus
says
that
in
the
long
term,
it
may
be
appropriate if some sort of a trust or a foundation is created or established.
She says that she will work on it and give
a scheme
within a week. Learned Amicus also says that she has been handed over the Victim Compensation Scheme of all States and Union Territories by Mr.
Alok
Agarwal,
Nicobar Island.
Member
Secretary,
NALSA
except
Andaman
and
She says that she will give her suggestions so
that the best practices available in all these schemes can be compiled and one composite scheme can be prepared.
This will take
some time. One of the wishes of the father of the victim is that there should be complete confidentiality and secrecy about the parents of the victim as well as about the victim including the place of residence and the place of work. We make it absolutely clear that no one should disclose the 6
WWW.LIVELAW.IN identity of the victim, new born baby, parents of the victim, place of work or the place of residence of the parents of the victim. it
is
brought
to
our
notice
that
anyone
has
disclosed
If any
information which may lead to the identity of the parents of the victim or the victim or the new born child, that person is liable to
face
proceedings
for
contempt
of
court
apart
from
the
without
any
possibility of prosecution under Section 228A of the IPC. We
make
it
clear
that
counselling
should
be
intermingling with any other person and should be home based unless it is necessary to take the victim to the hospital above mentioned. The medical records of the victim as well as the new born child at the time of discharge from the hospital and subsequent treatment be kept in a sealed cover with the hospital authorities. In the event since the parents of the victim are entitled to a copy of the medical record, it may be given to them with the identity of the victim and her parents being shown as Ms. X. List the matter on 1st September, 2017. The name of the father of the victim has come in the status report, it may be blacked out by the Registry. Mr.
Mahavir
Singh,
Member
Secretary,
State
Legal
Services
Authority, U.T. Chandigarh should be present in the Court on the next date with the latest status.
(MEENAKSHI KOHLI) COURT MASTER (SH)
(SNEH LATA SHARMA) BRANCH OFFICER
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