Delhi HC Seeks Govt’s Response After HIV-Positive Assault Survivor’s Plea

HIV-Positive Assault

The Delhi High Court on Thursday has directed the state government to respond to a plea by a sexual assault survivor seeking an increase in her interim compensation after she contracted HIV due to the assault.

The survivor argued that the crime not only caused immense physical and mental trauma but also burdened her with significant medical expenses.

Justice Sanjeev Narula issued notices to the Delhi government, the Department of Women and Child Development, and the Delhi State Legal Services Authority, asking them to file their responses within two weeks. The next hearing in the case is scheduled for January 7, 2025.

The petitioner’s counsel highlighted that following the sexual assault, which took place in 2017, the survivor tested positive for HIV. This, she claimed, led to severe emotional and physical suffering, and left her with a lifetime of medical challenges. Despite the pain and hardship caused by the assault, the victim compensation scheme did not have specific provisions to address compensation for cases where survivors contracted sexually transmitted diseases (STDs) like HIV as a result of the crime.

Under the Delhi Victim Compensation Scheme, the woman was initially awarded Rs 1.75 lakh as interim compensation. However, she contended that this amount was insufficient given the ongoing medical treatment and mental trauma she endured. In light of the HIV diagnosis, she sought an enhancement of the compensation, urging the court to consider the additional suffering and expenses incurred due to the disease.

In response, her counsel informed the court that an additional interim compensation of Rs.1 lakh had been granted on November 11, following a trial court’s order. This amount was meant to provide temporary relief, but the survivor maintained that the financial support was inadequate to address her long-term medical needs and emotional distress.

The court’s attention to the case reflects its recognition of the unique challenges faced by survivors who suffer not only from the immediate impact of sexual assault but also from its long-term physical consequences.

The issue of compensation for those contracting HIV as a result of sexual violence remains a critical area for legal reform.

With the court now considering the survivor’s plea for enhanced compensation, it could pave the way for future legal precedents to address the specific needs of victims who are impacted by sexually transmitted diseases as a direct result of such crimes.