CASE COMMENTARY: “A” THROUGH HER FATHER “F” V. STATE OF U.P. AND ORS.
CASE COMMENTARY: “A” THROUGH HER FATHER “F” V. STATE OF U.P. AND ORS.
CASE: A v. State of U.P. and Ors. 2016(1) ALJ 625
COURT: Allahabad High Court (Lucknow Bench)
DATE OF DECISION: November 3, 2015
BENCH: Hon’ble Justice Shabihul Hasnain and Hon’ble Justice D.K. Upadhyaya
ABSTRACT:
This case commentary focuses upon "A" through her Father "F" v. State of U.P. decided by the Allahabad High Court, Lucknow Bench, on 3rd November 2015. It dealt with a 13-year-old rape victim who conceived and as termination of pregnancy was no longer viable, the court was called upon to liberate its time and energies to the rehabilitation of both the victim and the child to be born, rather than determining the guilt or otherwise of the accused and fixing punishment, which was left to the trial court. The court used Article 21 to find that both the minor victim and her newborn child had a fundamental right to life with dignity, and in this regard, issued wide directions including those relating to compensation, free education, adoption, and police protection. Of utmost importance was the observation of the Court that the newborn child was also a "second victim" of the crime, entitled to protection in her own right, not as an aftereffect of the crime suffered by her mother. The right of the child to be adopted, including her right to the property of her biological father, was left to the legislature to appropriate a suitable law. This case commentary examines the facts, issues, arguments, and findings of the court that led to the aforesaid directions. It also critically analyzes the case's positives and shortcomings, as well as recent developments and legislative initiatives pertinent to the case.
Keywords: Rape victim rehabilitation, child born of rape, second victim, Article 21, adoption, inheritance rights, and victim compensation scheme.
