This article has been written by our intern Dev Shah, a law student from JEMTEC School of Law(GGSIPU).
INTRODUCTION
Rape has become one of the most serious issues that our country is still battling. Many legislative policies have been made, and changed and constant efforts are being made towards bringing strict measures which help in giving harsh punishment to those offenders who have this terrible act. Deserved punishment must be given to rape offenders it is really important but what about the victims who have been harshly affected by such heinous crime? It is fact that the society that we live in today will become the cause of the societal stigma and oppression of rape victims. That she has to face challenges to continue her life after being the victim of rape which is wrong. Accurate statistics are difficult to obtain in the case of rape because most sexual violence victims choose not to report it. Many states reported a rise in cases of crime against women, Delhi witnessed a sharp rise in cases with 21.69% as compared to the previous year.
A child born out of Rape
Rape also causes difficulties in pregnancy which will affect both mother and child. A newborn child will eventually become the victim in the sense that he/she is forced to live a life of shame. Society will judge this child till his/her eternity because his father refuses to lend his name to his/her child and the mother abandoned him/her because of social reasons. Because all these children will become the victim of this terrible act that not only ruin one life. Children are a gift from the lord they say but in these circumstances, due to this heinous crime, the life of a child is ruined.
Rights of a child born out of Rape
A child born out of rape will also become a victim and has to face lots of challenges in future. In some cases, not only the father but the mother also abandoned the child because of fear and social reasons and in others, only the father abandoned the child and the mother raised him/her. Women who are victims of rape and forced pregnancy may not able to seek prenatal attention due to a lack of shame and which make an effect on the child because it leads to the poor health status of the newborn. But that child has a right to life and live with human dignity as he/she is the victim of the crime which he/she has not committed. That right “Right to life” has been explained in the case of Francis Coralie V. Union Territory of India that any act which damages or injuries or interferes with the use of any limb or faculty of a person either permanently or even temporarily, would be within the inhibition of Article 21. And in that case Hon’ble P.N. Bhagwati, J. Held that: “we think that the right to life includes the right to live with human dignity and all that goes along with it, namely, the bare necessaries of life such as adequate nutrition, clothing and shelter and facilities for reading, writing and expressing oneself in diverse forms, freely moving about and mixing and commingling with fellow human beings.”
In the relevant judgement the, Allahabad High court has ruled that a child born out of rape will have inheritance rights over the property of the assaulter, the “biological father”. In the bench of Justice Shabihul, Hasnain and Justice DK Upadhayaya said the child will be treated as an illegitimate child of the rape accused and will have inheritance rights to his property. However, the court also said that if the child has been adopted then he/she will not have any rights on the property of the biological father. The Court also discussed the need for rehabilitation of victims of rape and their children while adjudicating a matter where a minor child of 13 years was raped and could not able to abort her child due to medical reasons.
The Delhi High Court held that child “born out of rape” is also entitled to receiving compensation, including “maintenance and support”. The major direction was issued by Delhi High Court on a case upholding the life sentence to a man convicted of raping and impregnating his 14-yr-old stepdaughter. We find there is a complete vacuum in the consideration of compensation so far as the sexual offence resulting in the birth of a child. Such a child is a victim of the act of the offender and entitled to compensation independent of the amount paid to his/her mother. Such award would require to include an amount towards his/her maintenance and support,” said the bench of Justice Gita Mittal and Justice R K Gauba in its judgment issued on December 9. Another thing relevant to that was said by the court that the child was traced to provisions of compensation to victims of sexual assault under Section 357 of the CrPC as well as under the POCSO Act since such a child would be “uncovered under the definition of both victim and dependent on the victim.
Conclusion
So as we have seen that rape is such a heinous crime that destroys not only a women’s life but also the people who were close to her. It’s a tragedy which can strike any family. The victim must not be blamed for a crime which she has not committed. In cases in which it causes pregnancy then the life of a child will become miserable. Society must need come forward and help victims of rape by making them feel the caring and healthy comfortable environment around them not make them feel horrible as this becomes a fear of their life. The whole society must have to learn to manage their response toward victims. The right of inheritance of a biological father’s property is governed by a law every child has this right. The victim of rape and the child should be accepted, and be haunted by society. Society must show a positive response towards both the victims.
References
Times of India,
The Indian Express
Wikipedia
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