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Child “born out of rape” is entitled to Compensation, including Maintenance and Support: Delhi High Court

The Delhi High Court has ruled that child born out of rape is entitled to compensation and that includes 'maintenance and support'.

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TMC agitation in Tripura (Representational image) VOA

December 14, 2016: The Delhi High Court has ruled that child born out of rape is entitled to compensation and that includes ‘maintenance and support’.

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A bench of Justices Gita Mittal and R K Gauba said that a child who is born out of rape “is clearly a victim of the act of the offender and entitled to compensation independent of the amount of compensation paid to his/her mother”.

They further said that the “vacuum” in the law came to the attention of the court when it was hearing the appeal of a man raping his minor step-daughter who gave birth at the age of 14 years.

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According to PTI, “Ironically, the high court, which had earlier laid down a law in this regard, reduced the amount of compensation to the rape victim from Rs 15 lakh awarded by the trial court to Rs 7.5 lakh, saying the higher amount went against the 2011 compensation scheme formulated by the Delhi government. It also faulted the trial court by giving a go-by to the guidelines for maintaining confidentiality of the rape victim.”

According to The Indian Express report, “NGO HaQ Center for Child Rights co-director Bharti Ali told the judgment would set a precedent for expedited compensation to child victims of sexual abuse”.

Ali further said, “This is the first time that rights of a child born out of rape have been considered. So far, we had been struggling to get compensation for the rape victims, since courts are reluctant to grant it till the trial is over.”

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In 2014, the rape victim had given birth to a boy. On the basis of DNA test, the trial court had convicted which proved that he is the father of the child.

The court also clarified that the man will remain behind bars for the remainder of his natural life, saying, “We see no scope for any ruth (pity) in the matter of punishment”.

by NewsGram team with inputs from various agencies

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Sexual Crimes Increased by 14% After MeToo Movement

14% rise in sex crime reporting after MeToo movement, says a study

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MeToo movement
The MeToo movement started on October 15, 2017 after sexual misconduct allegations against former Hollywood producer Harvey Weinstein. Wikimedia Commons

The MeToo movement that took the world by storm has led to a 14 per cent rise in reporting of sexual crimes during its first three months across the Organisation for Economic Co-operation and Development (OECD) countries.

The MeToo movement started on October 15, 2017 after sexual misconduct allegations against former Hollywood producer Harvey Weinstein became public following a tweet by actress Alyssa Milano who encouraged people who had been sexually harassed or assaulted to write “Me too” on social media.

The MeToo movement was exceptionally effective in rapidly increasing awareness around sexual misconduct in many countries including India.

However, despite the increase in crimes reported, the movement did not increase the number of sexual crimes cleared by the police, said the study published on SSRN, formerly known as the Social Science Research Network.

For the study, Roee Levy and Martin Mattsson from Yale University in the US constructed a new data set of sexual and non-sexual crimes in 24 OECD countries, covering 81 per cent of the OECD population.

MeToo crime
Despite the increase in crimes reported, the MeToo movement did not increase the number of sexual crimes cleared by the police. Lifetime Stock

“Our results suggest that social movements can rapidly change high stakes personal decisions,” the study said.

The researchers estimated that in the first three months of the movement, 11,598 additional sexual crimes were reported in the 13 OECD countries with “strong” MeToo movements.

“This study showed that the MeToo movement had a substantial, persistent effect on the propensity to report sexual crimes. This result is consistent across multiple samples and is robust across multiple estimation techniques,” the study concluded.

The MeToo movement focused on female victims, and often on cases that occurred several months or years before they were discussed in the media.

The researchers said that focusing on the US allowed them to understand better who was affected by the movement.

“The effect is strong and statistically significant for both sexual harassment and sexual assault,” said the study.

“Furthermore, we do not find evidence that the movement disproportionately affected neighbourhoods with higher incomes or more education. Overall, we can reject the argument that the MeToo movement had an effect mostly among whites or those with high socioeconomic status,” it added.

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The findings suggest that social movements can have large, long-lasting effects on social norms and, as a result, individuals make meaningful changes in their personal decisions. The action individuals take is costly and the effect occurs almost immediately. This suggests that awareness-raising campaigns can be effective in changing personal behaviour. (IANS)