Delhi High Court Has Ruled That Children Born As A Result Of Rape Will Now Get Compensation

According to a study, on an average, India sees 6 rape cases and 15 molestation cases every day, making rape the 4th most common crime in the country.

Thus, in a bid to help distraught victims who have often been shunned by society, Delhi High Court has ruled that a child born out of rape is entitled to compensation, independent of any such relief granted to the mother.

The decision comes after the court pronounced its judgement against a man, sent to jail for his entire “natural life” for raping his minor step-daughter. The minor gave birth to a child at the tender age of 14. The court then realised that there was no provision for the child who’d be born out of such a case.

However, the amount in compensation to the rape victim has been reduced from 15 lakh to 7.4 lakh.

The bench of justices, Gita Mittal and R.K. Gauba, said that a child born out of rape “is clearly a victim of the act of the offender and entitled to compensation independent of the amount of compensation paid to his/her mother.”

Keeping in mind the “sordid scenario” in the instant case, the court upheld his sentence, as “the trust and confidence reposed in the man by his wife and step-daughter, was abused by him to bring about, out of sheer lust, untold miseries on the body, mind and psyche of the prosecutrix child leaving scars which would not ever heal.”


The bench was also quite upset as to how the trial court “gave a go-by” to the precaution mandated under POCSO to keep the minor victim’s identity confidential. The HC insisted on not revealing the identity of the victims.

The court then awarded the victim with the compensation amount and said “given the nature of loss, pain and suffering which she undoubtedly would have undergone, we find this to be a fit case where the state must pay compensation for the minimum sum of Rs 7.5 lakh (which would be the compensation awardable under the proposed scheme of 2015, as and when brought in force).”

News Source: India Times

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