Rajasthan High Court invokes Manusmriti while ordering ₹3 lakh compensation to minor rape victims

The Rajasthan High Court last week invoked Manusmriti while holding that minor rape victims are entitled to ₹3 lakh compensation under the Rajasthan Victim Compensation Scheme, 2011 [GK v. State of Rajasthan]..While hearing a plea filed by father of a minor rape victim, Justice Anoop Kumar Dhand invoked a famous shloka in Manusmriti."Yatra naryastu pujyante ramante tatra Devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah - is a famous shloka in Manusmriti, which means, where women are honoured, divinity blossoms there and where women are dishonoured, all actions no matter how noble remain unfruitful," the judge emphasised.The crime of rape, Justice Dhand said, can be regarded as the highest torture inflicted upon womanhood."It causes not only the physical torture to the body of the woman but it adversely affects her mental, psychological and emotional sensitivity. Therefore, rape is treated as the most heinous crime against the very basic human right and woman's most important fundamental right, namely 'the right of life.' It is less a sexual offence than an act of aggression aimed at degrading and humiliating women," the Court underscored. Such cases are required to be handled by the courts with utmost sensitivity and high responsibility, the judge opined..The Court was hearing a petition filed by the father of a two-year-old girl who was raped in 2004. The petitioner sought compensation for his daughter as per the victim compensation policy of the State government..In its judgment, the Court said that the modern approach of victimology acknowledges the fact that a victim of a crime has the right to be adequately compensated and rehabilitated.The Court held that the Rajasthan Victim Compensation Scheme, 2011 would apply retrospectively and thus, the victim is entitled to get compensation under the said scheme."Crime of rape committed with the minor victim is a dehumanising one and an affront to human dignity. Hence, compensation should be awarded as a solace to the victim," the Court underlined. .It, therefore, held that minor rape victims are entitled to get ₹3 lakh compensation. The amount would be payable even to victims who were subjected to the crime prior to 2009. However, the same will be payable only if the victims have applied for compensation prior to 2009, the Court held."A general mandamus is issued in favour of all minor rape victims, with whom the incident was committed prior to 2009 for award of compensation. This general mandamus would be applicable only in those cases where the applications were submitted prior to 2009," the judgment said. The Court also clarified,"Before parting with this order, it is made clear that this order would not provide a new cause of action to any applicant and it would apply to the cases which are either pending before the competent authority and/or to the cases where litigation with regard to claim of victim compensation is pending on the date of this order only.".Advocate Naina Saraf appeared for the petitioner..[Read Judgment]