PRESS RELEASE

New Delhi, Dated: 11th June, 2015

The National Human Rights Commission has reiterated that the Government of NCT of Delhi pay rupees one lakh as relief in a case of sexual assault of a minor girl, aged 15 years, by an employee of the LNJP Hospital, Delhi and send the compliance report along with the proof of payment within six weeks. The incident had happened in the night of 2nd October, 2013.

The Delhi Government, in response dated 15th April, 2015 to the NHRC's show cause notice of 29th January, 2015, 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 was neither an in-patient nor a relative of any in-patient. The accused, a class four employee of the 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 the 24th June, 2014. The criminal case was pending trial.

During the course of enquiries of the Commission, it was found that an FIR No. 375 under Section 342/376 IPC was registered against the accused employee at Police Station I.P. Estate on the 3rd October, 2013. A chargesheet was submitted in the court against him under the same Sections along with Section 5/6 of POCSO Act. In addition, a chargesheet was also filed against a security guard of the Hospital under Section 19/21 of POCSO Act. The main accused was arrested on 4th October, 2013 and was sent to judicial custody, while the security guard was granted bail.

The Commission observed that during the course of enquiry, prima facie, it was established that a minor girl was raped at the Hospital by a staff who was a public servant, which amounted to violation of human rights of the minor girl, for which the State is vicariously liable. The Commission, as per Section 18 (a) (i) of the Protection of Human Rights Act, 1993, can recommend to the concerned Government to make payment of compensation or damages to the complainant or to the victim or the members of his family, as the Commission consider necessary. Therefore, the Commission reiterated its earlier stand for payment of monetary relief to the victim as recommended by it.

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