"A reluctant Railway Board has finally paid Rs.5 Lakh as monetary relief to the victim of rape by a Constable of Railway Protection Force at New Delhi Railway Station. The incident happened on the night of September 4, 2012," an NHRC statement said today.
Earlier, in response to the notice of the Commission, the Railway Board had informed that it was not liable to pay compensation to the victim as the constable was not on duty when he committed the crime.
However, it said that a case under Section 376/506/34 IPC, GRP, Delhi was registered on the September 5, 2012 against the donstable.
He was arrested the same day, sent to jail and had been dismissed from service with immediate effect.
The Commission did not accept the contention of the Railway Board that it was not liable to pay compensation to the victim and observed that the International Tourist Bureau is apparently an office of the Indian Railways, located on the premises of the New Delhi Railway Station.
Subsequently, the Commission issued a notice to the Railway Board asking why monetary relief should not be paid to the victim.
In response, the Railway Board reiterated its earlier stand and said that the victim should not be paid relief as she was not having a journey/platform ticket at the time of the incident. Also she was not a passenger and the case may not come in the ambit of Railway Claims Tribunal for payment of compensation.
Criminal case has been registered against the culprits and the accused constable, who had been dismissed from the service, was still in the judicial custody. It said the case being sub-judice, the Commission should keep making recommendation pending till its finalisation by the court.
Setting aside the contention of the Railway Board, the NHRC said that the victim, who suffered grievous harm, was certainly entitled to relief for violation of her human rights
The Commission observed that it had issued a notice in the matter under the Protection of Human Rights Act, 1993, which empowers it to make recommendations in case of violation of human rights.
Also, a recommendation on violation of human rights can be made by the Commission irrespective of conclusion of the trial of the case.
In response, the Railway Board paid Rs 5 Lakh as monetary relief to the victim and also sent the proof of payment.
The Commission had registered the case on the basis of a complaint filed by a human rights activist.
