Delhi HC directs DSLSA to file further status report on plea of human trafficking victim
Aug 31, 2022
New Delhi [India], August 31 : The Delhi High court on Wednesday directed the Delhi State Legal Service Authority (DSLSA) to file a further status report on a plea filed by a victim of human trafficking. The victim has sought compensation of Rs 19,00,000 under the Delhi Victim Compensation scheme.
Justice Yashwant Varma directed the DSLSA to file a fresh status report on the matter. The matter has been listed for October 28, 2022.
The court also noted that the matter related to the victim is at the stage of cross-examination at the trial court.
The counsel for the petitioner submitted that the compensation of Rs 2.5 lakh has been paid to the victim to date. It was also submitted that 70 per cent should be deposited in a fixed deposit. At least 25 per cent of compensation should be paid to the victim.
On the behalf of the woman, the petition was filed by advocates Alana Golmei, Olivia A.I. Bang and Joicy.
The woman's lawyers have urged the Delhi High Court to direct the respondent to pay the petitioner compensation of Rs 19,00,000 under the Delhi Victim Compensation Scheme, 2018 and to conduct the case of the petitioner in a fast manner.
According to the petition, the petitioner is a young girl from Meghalaya and belongs to a very poor and vulnerable family and she was only 19 years old when she was lured and trafficked to Delhi on the pretext of providing a job.
The woman was rescued in February 2020 after she somehow managed to escape and informed the authorities and thereafter, she was then taken to a safe place.
Thereafter, an FIR was registered on March 2 at Malviya Nagar Police Station, South Delhi under various sections dealing with kidnapping, and rape among others.
The lawyers also told the court that the petitioner is a victim of trafficking, kidnapping, physical and sexual abuse, rape, unnatural sexual assault, physical injury and mental injury requiring rehabilitation.
The petitioner had approached the Delhi Legal Services Authority requesting them to disburse the compensation granted to victims of human trafficking and kidnapping, rape, unnatural sexual assault and physical injury or any mental injury requiring rehabilitation but no action was taken, the lawyers had submitted.
The petitioner's lawyer had said the petitioner is jobless and has no means to support herself and her family. She is in dire straits attending to her mother who is seriously sick during the COVID-19 crisis.
"Compensation to a victim of rape is undeniably important for her rehabilitation, especially in a society where the victim of rape is treated worse than the perpetrator. This not only helps the victim financially but also helps her in retaining a normal life in society," the petition said.
"There is the violation of a human right to liberty and protection bestowed upon the citizen of India under Article 21 of the Constitution of protection of life. Article 21 guarantees the protection of life and personal liberty to every individual and states, "No person shall be deprived of his life and personal liberty except according to procedure established by law," the petition said.
