Makes Both Her Father And Govt Answerable For Victim's Welfare
Finally, after her year of
yearning to return home, the HC allowed custody of a rape survivor minor
to her father, as the criminal trial in the case has ended, and her
rapist uncle has been handed a 10-year jail term. The HC walked the
extra mile and made both the father of the girl, and the state
government answerable for the continued welfare of the minor.
The HC had rejected earlier attempts made by the depressed girl's family to release her into her father's custody on the grounds that the accused, the victim's paternal uncle, lived in the same premises, and there were chances of the victim being influenced or pressurized.
The HC's apprehension was also heightened by the fact that members of the rape survivor's family had turned hostile during the criminal trial.
During her stay away from her family , first at a boarding school and then at an orphanage, the girl had begun to feel homesick and had gone into de pression. She even gave up her studies. Authorities looking after her had submitted to the HC that it was getting difficult to treat her.
Fearing that the girl may be ill treated or neglected upon her return, Justice Sonia Go kani chalked out a 4-year re habi li tation plan for the traumatized girl and entrusted the Amreli POCSO court to supervise the rehabilitation.
While permitting the family to have the girl's custody, the court first asked the father to give his promise that he would “protect the girl in every manner and also ensure her welfa re, particularly to allow her to study further“.
The HC also directed the district primary education officer to facilitate the process of her admission in a school nearby her village without pressing for technicalities or raising eligibility issues.
Above all, the court ordered state authorities, mainly the probation officer and counsellor of District Child Protec tion Unit, Rajkot, to visit her home every month for a ye ar, and then every two months for the next three years. They are to ensure that she stays safe and studies wit hout any hindran ce.
They have to They have to ensure her welfare and report to the concerned POCSO court, which has been tasked to supervi se the re habilita tion.
The HC also laid down the con dition that whenever the rape convict is released by the IG prison, or local court on bail or furlough or otherwise, he should be released only under the condition of not stepping foot in Amreli district.
The girl would now be staying with her father and grandparents at her family home in Amreli district.
Source: Times of India
The HC had rejected earlier attempts made by the depressed girl's family to release her into her father's custody on the grounds that the accused, the victim's paternal uncle, lived in the same premises, and there were chances of the victim being influenced or pressurized.
The HC's apprehension was also heightened by the fact that members of the rape survivor's family had turned hostile during the criminal trial.
During her stay away from her family , first at a boarding school and then at an orphanage, the girl had begun to feel homesick and had gone into de pression. She even gave up her studies. Authorities looking after her had submitted to the HC that it was getting difficult to treat her.
Fearing that the girl may be ill treated or neglected upon her return, Justice Sonia Go kani chalked out a 4-year re habi li tation plan for the traumatized girl and entrusted the Amreli POCSO court to supervise the rehabilitation.
While permitting the family to have the girl's custody, the court first asked the father to give his promise that he would “protect the girl in every manner and also ensure her welfa re, particularly to allow her to study further“.
The HC also directed the district primary education officer to facilitate the process of her admission in a school nearby her village without pressing for technicalities or raising eligibility issues.
Above all, the court ordered state authorities, mainly the probation officer and counsellor of District Child Protec tion Unit, Rajkot, to visit her home every month for a ye ar, and then every two months for the next three years. They are to ensure that she stays safe and studies wit hout any hindran ce.
They have to They have to ensure her welfare and report to the concerned POCSO court, which has been tasked to supervi se the re habilita tion.
The HC also laid down the con dition that whenever the rape convict is released by the IG prison, or local court on bail or furlough or otherwise, he should be released only under the condition of not stepping foot in Amreli district.
The girl would now be staying with her father and grandparents at her family home in Amreli district.
Source: Times of India
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