A child who has been subjected to sexual assault should be counselled by a child counsellor or psychologist, who are trained, to ensure that the necessary assistance is provided to the survivor to overcome the trauma. This should be ensured by the Legal Services Authorities, stated the Supreme Court, as mentioned in a copy by PTI.
A bench comprising Justices Abhay S Oka and Pankaj Mithal also mentioned that it is the state that needs to ensure that such children carry forward with the pursuit of their education.
"Whenever a child is subjected to sexual assault, the State or the Legal Services Authorities should ensure that the child is provided with a facility of counselling by a trained child counsellor or child psychologist. It will help the victim children to come out of the trauma, which will enable them to lead a better life in future," the bench said.
The top court also stated how the social environment around the survivor might not always be conducive to the victim's rehabilitation.
"Only monetary compensation is not enough. Only payment of compensation will not amount to rehabilitation in a true sense. Perhaps the rehabilitation of the girl victims in life should be part of the Beti Bachao Beti Padhao campaign of the Central Government," they said.
"As a welfare state, it will be the duty of the government to do so. We are directing that the copies of this judgment should be sent to the secretaries of the concerned departments of the state," the bench said.
The observations came while deciding a plea filed by the Rajasthan government challenging the order passed by the Rajasthan High Court reducing the sentence awarded to a convict for the rape of a girl child from life term to 12 years.
Without remission, the convict must serve a sentence of 14 years, the apex court stated.
"We direct the Secretary of the Rajasthan State Legal Services Authority to ensure that compensation under the relevant victim compensation scheme is immediately paid to the victim as per her entitlement if not already paid," it said.
"If the respondent has already been released after undergoing punishment in terms of the verdict of the high court, he shall be forthwith arrested and sent to prison for undergoing the remaining sentence in terms of this judgment," the bench said.
The court also noted the mention of the caste of the convict in the case title and instructed that this should never be done.
"An accused has no caste or religion when the court deals with his case. We fail to understand why the caste of the accused has been mentioned in the cause title of the judgments of the high court and the trial court," it said.
"The caste or religion of a litigant should never be mentioned in the cause title of the judgment. We have already observed in our order dated 14th March, 2023 that such practice should never be followed," the bench said.
