Prayagraj: Allahabad High Court has declared as ‘unconstitutional’ a provision under Uttar Pradesh Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Scheme, 2015, which makes an injury report indicating penetrative sexual assault mandatory for claiming financial assistance for child sexual assault survivors.A division bench of Justice Saral Srivastava and Justice Garima Prashad held that the condition was manifestly arbitrary and violated Article 14 (right to equality) 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 in its judgment observed, noting that the law protects a survivor’s right to refuse a particular medical examination.The court was hearing a petition filed on behalf of a minor girl from Jaunpur, whose claim for financial assistance was rejected because no injury report indicating penetrative sexual assault was available. The girl had undergone a medical examination, but consent was not given for the particular examination relating to penetrative sexual assault.Accordingly, the court in its judgment dated Oct 23 disposed of the writ petition, directing state govt to release financial assistance of Rs 3 lakh to the petitioner within 10 days from the date of this judgment.The court directed that the amount shall be deposited in the protected bank account maintained for the victim or dealt with under any other lawful arrangement made by the competent court to safeguard the interests of the minor.
