New Delhi: The Delhi High Court is set to hear a petition seeking increased compensation and rehabilitation for rape survivors who contracted HIV as a consequence of the assault. Behind this petition is a rape survivor with HIV, who along with her family, has grappled with various financial and emotional struggles in her seven-year-long battle for justice.
Now 21, she was merely 14 years old when she was raped, allegedly by multiple men, back in 2017. For her family, Justice Sanjeev Narula’s notice to the Delhi government seeking the response of the Department of Women and Child Development and the Delhi State Legal Services Authority (DSLSA) to her plea, feels like too little, too late.
Over the years, the family, with the help of a non-profit, Brave Souls Foundation, has been seeking greater compensation as well as rehabilitation for her. This included taking care of her education, medication and permanent government employment.
The survivor first filed a petition in the Karkardooma court six years ago. The case reached the final proceedings stage only earlier this year, but there has been no movement since. She then filed a petition in the Delhi High Court this month, seeking greater compensation to address the medical and emotional toll on survivors with HIV.
So far, the survivor has received a total interim compensation of Rs 2.75 lakh. This includes Rs 1.75 lakh from the Delhi State Legal Services Authority, and an additional Rs 1 lakh following a trial court order.
However, this amount is barely enough to cover her extensive medical expenses and lifelong challenges.
“The same (compensation granted by trial court) was not disbursed to her until the filing of the present petition. The survivor received the amount granted by the trial court in March 2023 only in November 2024, after a long gap of one year,” the court notice said.
Her parents, burdened with the financial strain of her medical expenses, say the process of getting compensation for her regular treatment has been challenging.
Her mother, a factory worker, is often forced to take leave from work to take her to a government hospital in Delhi where they stand in queues for hours for free treatment. “For a long time, we were not even aware of her illness. We also didn’t know anything about her compensation,” she told ThePrint.
“If we had proper money, I would have easily taken her to a private hospital for proper treatment. Skipping a day from work means losing out on a day’s wages and upsetting my boss,” she added.
A 7-year ordeal
The survivor’s ordeal began in December 2017 when she was 14. She came home from a playground and her mother scolded her for being late.
The upset teenager then ran away from her home and an unknown man then lured her with the promise of a job in Jaipur. “He told her that she would be paid Rs 10,000,” her mother said.
Her parents spent the entire day looking for her in the neighbourhood, but failed to find her. Hours later, they received a call from an unknown number. It was their daughter calling to tell her parents she’d got a job and was going to Jaipur. However, when she reached Jaipur, she was sold off to a woman.
Police tracked the number to an address in New Delhi’s Jamuna Vihar, where the family of the woman whom she was sold off to, lived. Police arrested them and asked them to call the woman to return the girl safely to them.
Fearing police involvement, the woman sent her back to Delhi alone on a bus. But while she was in Jaipur, she was allegedly drugged and sexually assaulted by multiple men, some of whom remain unidentified.
“The only memory I have of those moments is that they used to be men my father’s age. They would tear off my clothes. But I used to be too weak to even move my hands,” she told ThePrint in a phone conversation.
Her mother said she was too scared to come home after that. “She went to her friend’s house to hide, but later her friend’s mother got her back to us.”
ThePrint has reached DCP (Northeast Delhi) Rakesh Paweriya via calls for an update on the girl’s case and the number of arrests made so far. This report will be updated when a response is received.
Hiding at home, suicidal tendencies
After the girl returned home, her parents tried to forget about the incident and get back to their normal lives—until a year later, when their daughter fell severely ill.
After several medical tests, doctors found she was infected with HIV.
“The doctors kept asking me if my husband or I had HIV. When I said no, they kept asking me what had happened to her and how she had contracted HIV. I was finally forced to open up in front of them,” her mother said.
Doctors introduced the victim to Shaheen Malik, the founder of Brave Souls Foundation, a non-profit working for acid attack survivors and other gender-based violence, who educated her and her family about HIV and the impact it would have on her life.
“I wanted to find her a groom, hide the fact that she was raped and had HIV to protect her, but Shaheenji made me aware of the consequences it could have on her life. So we decided not to get her married,” the mother said.
Over the years, the rape survivor has remained within the four walls of their small house in northeast Delhi. Her parents say she became depressed and developed suicidal tendencies.
She stopped going to school after she passed her Class 10 board exams. However, Malik has managed to convince her to go to English and computer classes, though she only goes when accompanied by her brother.
Meanwhile, her physical health and immunity have been deteriorating over the years and medication only provides temporary relief. “Every now and then, she has bumps [genital lesions] on her genital area that are extremely painful. Other than that, she is easily prone to other illnesses due to her weakness,” said her mother.
‘Government’s failure’
Earlier this month, the rape survivor filed her petition in the Delhi High Court through her counsel Sija Nair, Senior Law Officer at Brave Souls Foundation, in which concerns were raised about the inadequacy of her compensation.
Nair said the compensation provided under the current Victim Compensation Scheme does not adequately cover the unique challenges faced by victims who contract HIV or other sexually transmitted diseases (STDs) as a result of sexual assault.
The Delhi High Court accepted the petition and directed the Delhi government to file a counter-affidavit within two weeks. The case is scheduled for a hearing in January 2025.
Nair told ThePrint that the rape survivor was yet to receive proper compensation. The interim compensation so far has only been given partially. “Her medical and educational needs need to be fulfilled. Our demands include prioritised treatment in a private hospital, educational facility with access to a hostel, since she is not comfortable going out, psychological counseling and employment.”
Although India has tightened its laws on sexual assault after the 2012 Delhi gang rape and murder case that sparked widespread protests across the country, the process of getting justice is still slow.
While the HIV-positive rape survivor’s case is being heard in both the trial court and the Delhi High Court, there is no verdict because Delhi courts are overwhelmed by the significant rise in POCSO cases in recent years.
Malik said with sexual assault cases, including POCSO cases, carrying on for years with no signs of justice, there was no fear among perpetrators and crimes continued.
“There’s no protection, no timely judgement, no conviction, so there’s no fear among culprits and there’s no awareness,” she said.
Malik said crimes like this were “the government’s failure” and added that there was a need for fast-track case proceedings, especially in POCSO cases.
“They should be doing all this work that we’re doing. If the government does its work on time, then NGOs like us won’t be needed,” she said.
(Edited by Sugita Katyal)
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