ORDER

We have heard learned Amicus, the learned Additional Solicitor General, learned counsel for Chandigarh Administration as well as Mr. Alok Agarwal, Member Secretary, NALSA and Mr. Mahavir Singh, Member Secretary, State Legal Services Authority, U.T, Chandigarh.

2. We have also gone through the report prepared by Shri Mahavir Singh, Member Secretary, State Legal Services Authority, U.T. Chandigarh pursuant to our order dated 22.08.2017.

3. The report details the status relating to the health and physical condition of the rape victim and her new born baby. It also details the wishes of the parents of the victim and rehabilitation of the victim and new born baby. Finally, the report also contains status regarding investigation of the criminal case. As far as investigation of criminal case is concerned, it is stated that challan has been filed in an appropriate court on 24.08.2017. We are sure that the court will take necessary steps in the matter.

4. As far as the wishes of the parents of the victim are concerned, it is stated that they would like the new born baby to be adopted and it appears that steps have already been taken to declare the child free for adoption. It is further stated that since the victim and the new born baby is likely to be discharged from the hospital in a few days, medicines and special diet will be required to be provided for.

5. As far as the victim is concerned, it appears that she may require a special diet for the next six months. In addition to the above, steps are required to be taken for rehabilitation of the victim for which the assistance of a support person and counselling are necessary.

6. As far as provision for a support person, counselling, special diet and medical facilities for the victim and medical facilities for the new born baby are concerned, we direct the Chandigarh Administration to make adequate provision for this through the Medical College and Hospital, Sector 32, Chandigarh. The Social Welfare Department of the Chandigarh Administration will ensure that no difficulty is faced by the victim or the new born baby in this regard.

7. We make it clear that the facilities will be provided free of charge so far as the victim and the new born baby are concerned.

8. While the father of the victim has not given any indication of any compensation, we are of the view that since a special diet is necessary for the victim and for the new born baby, an amount of Rs. 1 lac should be released immediately by the State Legal Services Authority, U.T. Chandigarh so that the immediate financial needs can be taken care of. We make it clear that the father of the victim can approach the State Legal Services Authority if there is any further requirement in this regard.

9. Under the Victim Compensation Scheme for the Chandigarh Administration, it appears that an amount of Rs. 10 lacs is the entitlement of the victim. Therefore, the balance amount of Rs. 9 lacs may be kept in a fixed deposit for the time being. If the father of the victim requires some more financial assistance, the State Legal Services Authority can make use of this amount from the fixed deposit and the interest incurred thereon.

10. Learned Amicus says that in the long term, it may be appropriate if some sort of a trust or a foundation is created or established. She says that she will work on it and give a scheme within a week.

11. Learned Amicus also says that she has been handed over the Victim Compensation Scheme of all States and Union Territories by Mr. Alok Agarwal, Member Secretary, NALSA except Andaman and Nicobar Island. She says that she will give her suggestions so that the best practices available in all these schemes can be compiled and one composite scheme can be prepared. This will take some time.

12. One of the wishes of the father of the victim is that there should be complete confidentiality and secrecy about the parents of the victim as well as about the victim including the place of residence and the place of work.

13. We ma