The Allahabad High Court held that it is the responsibility of State government to take care of minor rape victim and her child and directed the State to ensure provision of health facility and education to the victim.
In the instant case, a minor rape victim became pregnant and had to went through trauma because of the same. A select team of doctors ruled out the possibility of abortion as the termination of pregnancy will lead to the delivery of a life preterm baby. The petitioner argued that the Court should look into this matter from the point of view of Article 21 of the Constitution because the victim and her child both have right to live with dignity. However the respondent assured the Court that the State government will help the victim and her child in every possible manner. She also informed the Court about certain schemes of the government, which are beneficial to the victim.
The Court observed that the victim is capable of giving her child for adoption. She is further entitled to be a beneficiary of two schemes i.e. The Uttar Pradesh Victim Compensation Scheme 2014 and Uttar Pradesh Rani Lakshmi Bai Mahila Samman, 2015. The Court also observed that there is need of a proper legislation regarding rehabilitation of rape victim.
