STATE OF RAJASTHAN Vs. SANYAM LODHA

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) This appeal arises from a decision of the Rajasthan High Court in a public interest litigation filed by a Legislator and social activist complaining of arbitrary and discriminatory disbursement of relief under the Chief Ministers Relief Fund (for short Relief fund) under the Rajasthan Chief Ministers Relief Fund Rules, 1999 (for short, the Relief Fund Rules). The Respondent alleged that during the period January 2004 to August, 2005, challans/chargesheets were filed in 392 cases relating to rape of minor girls; that out of them, 377 minor girls, did not get any relief or assistance from the Relief Fund, 13 were granted relief ranging from Rs. 10,000 to 50,000, one victim (minor K) was given Rs. 3,95,000 on 11.8.2004 and another victim (minor S) was given Rs. 5,00,000 on 25.6.2005.

(3.) The Appellant submitted that minor girls, that too victims of rape, belong to a weak and vulnerable group who are seldom in a position to seek relief personally; and that if the Chief Minister was of the view that monetary relief should be granted to such victims of heinous and depraved crimes, all similar victims of rape should be given monetary relief. According to him if there were 392 victims of rape, they should all be similarly treated and if some are given relief, others also should be given similar relief. It is contended that when discretion vested in the Chief Minister in respect of the Relief Fund is exercised in a manner that 377 victims are ignored and 13 are paid amounts varying from Rs. 10,000 to 50,000 and two victims alone are paid Rs. 3,95,000 and Rs. 5,00,000, it leads to inferences of arbitrariness and discrimination.