Writ Petition -- Minor rape victim prayed for termination of pregnancy – Held: we feel that the ends of justice will be met by issuing following directions to the opposite parties:-
(1)We...
Read MoreWrit Petition -- Minor rape victim prayed for termination of pregnancy – Held: we feel that the ends of justice will be met by issuing following directions to the opposite parties:-
(1)We direct and allow the Child Welfare Committee of District Lucknow to take over the cause of adoption of the child born to "A" on 26th October, 2015, who is presently in the care of Paediatrics Department of King George's Medical University, Lucknow. The Department shall handover the child as and when the doctors find that the child is medically fit to be handed over to the committee. The committee shall, thereafter, act in the manner provided in the judgment. The Member Secretary of the State Legal Services Authority in consultation with the amicus curiae shall supervise the process of adoption.
(2)As soon as "A" regains her mental balance and equilibrium, she will be allowed admission in a proper class in an appropriate school. The first and foremost preference should be given to any Kasturba Gandhi Girls' School. These are residential schools in which girls are allowed to stay and taken care of completely. They are given food, shelter, books, uniforms and matterial for recreation also. If "A" or her parents approach the authorities of Kasturba Gandhi Residential School of her choice, admission should be allowed to her. If an application is made to the Basic Shiksha Adhikari of the District it shall be his duty to ensure admission of "A" in one of the best run schools of Kasturba Gandhi Residential Schools of the District.
(3)If "A" chooses not to go to residential school then a Government Girls' Inter College of her choice will allow her admission without insisting on any entrance examination or the criteria of selection on merit basis. The State Government should ensure that education is provided free of costs to "A". She will be allowed full freeship of fees and other charges whatsoever.
(4)It shall be the duty of the Principal of the college concerned to ensure that the teachers of the college, staff and the students do not discriminate her in any manner. All possible mental, moral and psychological help should be given by the teachers to help her gain strength to face the challenges of life. The principal should also ensure that the past life of "A" is not propagated and she is treated as another normal student of the school.
(5)If "A" wants to continue her studies after 10+2 Standard (Intermediate), admission should be given to her in any government degree college with full free ship of fee. This will continue till graduation.
(6)In addition to payment of Rs.3,00,000/- as compensation under Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015, the State Government shall make a fixed deposit of a sum of Rs.10,00,000/- (Rupees Ten lacs) in favour of "A" in any nationalized bank which will be given to her only when she reaches the age of 21 years. The District Magistrate of the District where the family of "A" chooses to live henceforth will ensure that bank account is opened in the name of "A" in any nationalized bank, chosen by her father. It is made clear that at the maturity of the aforesaid fixed deposit, only "A" will be entitled to get the money.
(7)Superintendent of Police of the District where "A" and her family choose to reside will ensure the safety, security and dignity of the family. No one from the society should be allowed to degrade, discriminate or excommunicate the victim or her family on the ground of unfortunate incident of rape.
(8)If "A" applies for any apprenticeship in any available scheme or in any vocational course of any Government department or any other instrumentality of the State, preference should be given to her in such matters.
(9)After attaining the age of majority, some suitable job be also provided to her according to her ability / qualifications. Such security of job is the surest way of bringing her up in the main stream once again. When occasion arises the petitioner shall have the liberty of moving an application to the Chief Secretary of the State to ensure that a suitable job is provided to her.
(10)The N.G.O.s or any other agency which wants to help the victim and her family in any manner, will be welcome to do so and earn the appreciation of this Court as well as of the society in general.
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