Rejecting the Delhi Government’s contention, the National Human Rights Commission has reiterated that it pay Rs. 1 lakh as relief to a minor girl who was sexually assaulted by an employee of Lok Nayak Jai Prakash Narayan Hospital in October 2013.
In its response to the NHRC’s notice of January 29 this year, the Delhi Government recently stated that the onus to pay monetary relief to the victim should lie on the accused instead of the hospital administration. It said making the hospital pay the money would send “wrong signals”.
The State Government admitted the incident and said the 15-year-old victim was neither an in-patient nor a relative of any in-patient. The accused, a class four employee of LNJP Hospital, had brought the victim from outside.
The employee was released on bail and the Suspension Review Committee decided to revoke his suspension with effect from June 24, 2014. The criminal case against him is pending trial.
The NHRC rejected the State Government’s arguments and directed it to pay monetary relief and send a compliance report along with the proof of payment within six weeks.
The Commission observed it was prima facie established during the course of inquiry that the minor girl was raped at the hospital by a staff member who was a public servant. “It amounted to violation of human rights of the minor girl, for which the State is vicariously liable,” said the Commission.
The NHRC reiterated its earlier stand for payment of relief to the victim, while pointing out that it could recommend to the Government concerned to make payment of compensation or damages to the complainant or to the victim or the members of his or her family under Section 18 (a) (i) of the Protection of Human Rights Act, 1993.
Rejecting the government’s contention, the NHRC has reiterated that it pay one lakh rupees as relief to a minor girl who was sexually assaulted
