The Delhi High Court has allowed a rape victim to approach the appellate authority against the decision of the Shahdara District Legal Services Authority (DLSA) denying her the victim compensation mandated under a Supreme Court ruling.

The High Court gave the direction after it was informed that the rape victim could appeal before the appellate authority against the DLSA order rejecting her application.

“Accordingly, I hereby give liberty to the petitioner to file an appeal within two weeks from today and the appellate authority shall consider the same and pass a reasoned order thereafter,” Justice Suresh Kumar Kait said.

The rape victim in her petition filed through advocates Sarita Gupta and Siddharth Singh, said that in April 2018 – the victim had applied for compensation under Delhi Victim Compensation Scheme 2015. Pursuant to which, she was granted an interim compensation of ₹35,000 by a trial court here.

Rape case not over yet

The petition said that the victim, whose both parents have expired few years ago, was in need of money. It said that though the rape incident took place in July 2015, the case is yet to reach its final decision, and till then the victim could not receive the final compensation under the above scheme.

The plea said that the victim has been facing harassment since the lodging of the case and it has become impossible for the victim to go outside for work and to earn livelihood. Hence, in the meantime, the victim has to take loans from her neighbours to meet her daily needs and expenses.

The petition said that during the pendency of her case a new scheme has been introduced by National Legal Service Authority (NALSA) which was approved by the Supreme Court in September 2018. The NALSA’s scheme namely “compensation scheme for women victims/survivors of sexual assault/other crimes-2018”, was directed to be operational from October 2, 2018.

The plea said that when the victim went to Shahdara DSLA, it rejected her compensation plea on the ground that the scheme has not been notified by the Delhi government till now. She then moved the High Court against the decision of the DLSA.