The Madras High Court on Saturday directed that the sexual assault case of a 19-year-old Anna College student will be investigated by a Special Investigation Team (SIT).
It also requested the state government to pay an interim stipend of Rs 25 lakh to the victim for the role of the police in revealing information about the victim in the first First Information Report (FIR) published on the police website.
The court directed the police to provide security to the victim and her family.
A bench of Justices SM Subramanian and V Lakshminarayanan sought the formation of an SIT comprising three Indian Police Service (IPS) officers after highlighting various lapses in the ongoing investigation.
It particularly took serious note of the police blaming the 19-year-old victim after reading the FIR of the incident.
“Have you studied the FIR? This is an example of mistreatment of the victim,” the bench told Advocate General (AG) PS Raman during the hearing today. “The pathetic language of the FIR paves the way for the victim to be treated badly. This is shocking,” the court said later in its order. It termed it unfortunate that the disclosure of the FIR itself became the reason for the victim to be treated badly. “This has caused further mental agony to the victim,” the bench said. Stating that it is the responsibility of the state and society to protect women, the bench took a serious view of the manner in which the FIR was written. “This cannot be done by blaming or insulting her. This is misanthropy. The Constitution does not differentiate between men and women and society should feel ashamed of demeaning women,” the bench said. The bench further asked why a woman cannot walk openly, wear clothes of her choice or talk to a man without criticism. “A woman should rise above social humiliation. It was never her fault but the fault of society which blamed her,” the court said. Concluding that the contents of the FIR itself violated the victim’s right to dignity and adequate liberty, the Court said, “In the demonstration case, the right of the victim under Article 21 has been violated and therefore the Court is considering awarding compensation to the victim.” During the last hearing, the Court observed that since the victim is a student and is 19 years old, it is the duty of the police to assist her. “The victim is a student…only 19 years old. Is it not the duty of the SHO to assist the victim in lodging the FIR and writing it down in words. This sounds like something we read in the mystery of the boys’ hotel,” the Court observed. While studying the progress of the FIR, the Court emphasised that the police needed to be sensitive. Meanwhile, the Court also addressed Anna University. “How was the accused allowed to enter without any hindrance?” the Court asked, Additional Advocate General J Raveendran said that the police were investigating this aspect. “Following the incident, a standing committee has been formed to implement safety and preventive measures for students on the campus,” it said. The court was also informed that the administration was in touch with the student and she was being counselled. “She should not suffer any more. She should continue with her studies,” the bench said. In its ruling, the court directed Anna College not to charge her any fee in future.