Absence of injury report no bar to Pocso survivors' aid, says Allahabad high court
PRAYAGRAJ, Oct. 25 -- The Allahabad high court has declared unconstitutional a provision under the Uttar Pradesh Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Scheme, 2015, that made an injury report indicating penetrative sexual assault mandatory for claiming financial assistance for child sexual assault survivors.
In its October 23 judgment, a division bench of Justices Saral Srivastava and Garima Prashad held that the condition was manifestly arbitrary and violated Article 14 of the Constitution, as it could deny rehabilitation assistance to victims for reasons unrelated to their need for relief.
"A welfare scheme cannot indirectly compel what the governing statute prohibits from being done without consent," the court observed, noting...
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