The National Human Rights Commission (NHRC) has reiterated that the Delhi Government pay Rs. one lakh as relief in a case of sexual assault of a minor girl on the night of October 2, 2013.
The NHRC observed during the course of enquiry that due to violation of human rights of the minor girl, the state would be vicariously liable.
The Commission, as per Section 18 (a) (i) of the Protection of Human Rights Act, 1993, has recommended the Delhi Government to make payment of compensation or damages to the complainant or to the victim or the members of her family, as the NHRC considers necessary.
The Delhi Government has been asked to send the compliance report along with the proof of payment within six weeks.
In the response dated April 15, 2015 to the NHRC’s showcause notice of January 29, 2015, the Delhi Government had said that the onus to pay monetary relief to the victim should lie on the accused instead of the hospital administration, which was likely to send wrong signals.
It had admitted the incident and said that the minor victim, aged 15, was neither an in-patient nor a relative of any in-patient.
The accused, a class four employee of the Lok Nayak Jai Prakash Narayan Hospital, had brought the victim from outside.
He was released on bail and the Suspension Review Committee had decided to revoke his suspension with effect from June 24, 2014.
The criminal case was pending trial.
During the course of enquiries of the NHRC, it was found that an FIR under section 342 and 376 of the IPC was registered against the accused. A chargesheet was submitted in the court against him under the same sections along with section 5 and 6 of the POCSO Act.
In addition, a chargesheet was also filed against a security guard of the hospital under section 19 and 21 of the POCSO Act.
The main accused was arrested on October 4, 2013, and was sent to judicial custody, while the security guard was granted bail.