MUMBAI: A judge of the Bombay high court recused himself from hearing a public interest litigation for setting up of scheme to compensate victims of rape and sexual assault.
When the matter came up before a division bench of Justice A M Khanwilkar and Justice A P Bhangale, the former recused himself. Justice Khanwilkar as the senior most judge is the executive chairman of the Maharashtra State Legal Services Authority which is a respondent in the matter. Technically it would be improper for the judge to hear the matter. The PIL will come up for hearing before another bench soon.
The PIL, by Forum Against Oppression of Women, has urged direction to the State government to constitute a Victim Compensation Fund as mandated by a 1995 judgment of the Supreme Court to all states. The NGO's petition said while Maharashtra drafted a scheme for relief and rehabilitation for rape victims it did not constitute the Fund.
The petition states that a vast majority of rape/sexual assault victims in India are poor and illiterate and unware of their legal rights and the laws must provide them with legal help from the time of registering a first information report upto the end of trial. It also adds that failure to constitute the compensation scheme will result in grave injustice to such victims.
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