Madras High Court
Arokiamary Lucia vs State Of Tamil Nadu on 21 December, 2001
Author: P.D.Dinakaran
Bench: P.D.Dinakaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21/12/2001
CORAM:
THE HONOURABLE MR. JUSTICE P.D.DINAKARAN
Crl.O.P.Nos. 24090 of 2001 and Crl.O.P. 24248 of 2001
Crl.O.P.No.24090 of 2001
1. Arokiamary Lucia
2. M.Kandaswamy
3. T.A.Nazeer Ahamed .. Petitioners
Vs
1. State of Tamil Nadu
rep. by Secretary to Government
Home Department
Fort St. George
Chennai 600 009.
2. Director General of Police
Chennai 600 004.
3. The Deputy Inspector General of Police
Villupuram Range, Villupuram
4. The Revenue Divisional Officers
Tindivanam 604 001, Villupuram Dist.
5. The Inspector of Police
Gingee Police Station, Gingee
6. Central Bureau of Investigation
rep. by Joint Dierctor
'Shastri Bhavan', Chennai 6. .. Respondents
For Petitioners : Mr.P.Rathinam
For Respondents : Mr.I.Subramaniam,
Public Prosecutor
Assisted by Mr.M.Maharaja
Government Advocate
Crl.O.P.No.24248 of 2001
1. S.Lourdu Xavier
2. R.V.Lenin .. Petitioners
Vs
1. State of Tamil Nadu
rep. by Secretary to Government
Home Department
Fort St. George
Chennai 600 009.
2. Director General of Police
Chennai 600 004.
3. The Deputy Inspector General of Police
Villupuram Range, Villupuram
4. The Inspector of Police
Gingee Police Station, Gingee
5. Central Bureau of Investigation
rep. by Joint Dierctor
'Shastri Bhavan', Haddows Road,
Chennai 6 . .. Respondents
For Petitioners : Mr.P.V.S.Giridhar
For Respondents : Mr.I.Subramaniam,
Public Prosecutor
Assisted by Mr.M.Maharaja
Government Advocate
:ORDER
The petitioners in the above O.P.s are human rights activists, two of them are advocates and others represent Social Action Groups, namely Thindivanam Nagara Matrum Ooraga Kalvi Membattu Kazhagam ( Thindivinam Town and Rural Education Development Society), a Committee for Educational Improvement of the People of Thindivanam Town, and Peoples Watch (Tamil Nadu).
2. Alleging that the complaint lodged by one Leelavathy, in Crime No.679 of 2001 on the file of the Gingee Police Station, th daughter, an innocent 19 years old girl, namely Ms.Rita Mary, was said to have been illegally trafficked, subjected to sex tourism and commercial sexual exploitation, victimised by sex traders and pimps, causing cruelty - physically and mentally, assaulted sexually and exploited to gruesome gang rape on the night of 29.10.2001, while she was under
judicial custody in Gingee Sub-Jail, was not properly investigated by the Inspector of Police, Gingee Police Station, the pet Crl.O.P.No.24090 of 2001, seek:
(a)to direct the Secretary to Government, Home Department, to entrust the investigation of Crime No.679 of 2001, on the file of the Gingee Police Station to the CBI under the direct supervision of the Joint Director, CBI, Chennai;
(b)to direct the Secretary to Government, Home Department, to pay just and fair amount as compensation to Ms.Rita Mary, Lakshmanan, Anandan, Sadiq Basha and Mohan;
(c)to direct the Secretary to Government, Home Department and the Director General of Police, Chennai, to get the complaint registered by the concerned Police station on the basis of the representation dated 12.11.2001 made by Mr.P.Lakshmanan and entrust it to the CBI for investigation and action as per law;
and the petitioners in Crl.O.P.No.24248 of 2001, seek:
a direction to the Secretary to Government, Home Department, to transfer the investigation of the offence in Crime No.679 of 2001 on the file of the Gingee Police Station to Central Bureau of Investigation under the direct supervision of Joint Director, Central Bureau of Investigation, Chennai and for payment of fair compensation to the victims including Lakshmanan, Anandan, Sadiq Basha and Mohan.
3. Considering the facts and circumstances of the case and the nature of the crime said to have been committed on the victim girl, Ms. Rita Mary, this Court, while admitting the above O.Ps. on 23.11.2001, directed Ms.G.Thilakavathi, I.P.S., Inspector General of Police, Head Quarters, Chennai, to hold an enquiry relating to the investigation in Crime No.679 of 2001 on the file of the Gingee Police compensation payable to the victim girl.
4.1. Pursuant to the said directions of this Court dated 23.11.2001, Ms.G.Thilakavathi, I.P.S., Inspector General of Police, enquiry relating to the investigation in Crime No.679 of 2001 on the file of the Gingee Police Station, and submitted a detai .12.2001.
4.2. In her report dated 4.12.2001, Ms.G.Thilakavathi, I.P.S., Inspector General of Police, had traversed the entire relevant facts relating to the alleged crime and placed the same before this Court, unearthing certain material evidences and vital details relating to the alleged crime and also had disclosed the names of the Police Officials and Medical Officers, who are said to have committed lapses in discharging their duties.
4.3. It was reported that the victim, Ms.Rita Mary, herself was charged for an alleged offence punishable under Section 8(b) of Prevention of Immoral Traffic Act in STC No.2255 of 2001, and was sent to judicial custody on 30.10.2001, without any injury.
4.4. But, on 31.10.2001, Ms.R.P.Kalpana, learned Judicial Magistrate No.1, Thindivanam, observed that the victim was injured leg and could not explain the cause for the same; and that she was not in fit mental condition. Hence, the victim was sent for medical treatment.
4.5. On 1.11.2001, the learned Judicial Magistrate No.1, Thindivanam, recorded that the victim was mentally upset and therefo recommended for mental treatment at Kilpauk Medical College Hospital, Chennai. The learned Judicial Magistrate No.1, Thindiva it was not safe to keep the victim, Ms.Rita Mary, in the Sub-jail at Gingee, sent the victim to Kilpauk Medical College Hospital, Chennai, for mental treatment and also for radiologist opinion, ascertaining her age and remanded her till 15.11.2001. In the meanwhile, on 5.11.2001, the victim was released on bail.
4.6. As per the said report dated 4.12.2001, it is evident that the only humane moment in the whole enquiry was the care and concern shown by the Ms.R.P.Kalpana, learned Judicial Magistrate No.1, Thindivanam, whose understanding, compassionate and tenderly approach towards the victim was laudable. The humane and judicious approach of Ms.R.P. Kalpana, learned Judicial Magistrate No.1, Thindivanam, in this regard deserves the appreciation of this Court.
4.7. After narrating the details of the alleged barbaric crime said to have been committed on the ill-fated victim girl, Ms.Rita Mary, Ms.G.Thilakavathi, I.P.S., Inspector General of Police, in dated 4.12.2001, had reported that going by circumstances and evidences, Ms.Rita Mary was subjected to gang rape on the night of 29.10.2001, while she was under judicial custody in Gingee 4.8. The report dated 4.12.2001 suggests for payment of interim compensation to not only to the victim, but also to M/s. Lakshmanan, Mohan, Sadiq Basha, and Anandan, as a token of appreciation for their attempts to save the victim from the brothel runners and their henchmen.
4.9. The report dated 4.12.2001 has also brought to the notice of this Court, the excessive media coverage which would definitely hamper the future of the victim girl to a large extent.
5.1. Treating the said report dated 4.12.2001, as a part and parcel of the proceedings in the above O.P.s, this Court, by an order dated 4 .12.2001, transferred the investigation relating to Crime No.679 of 2 001 on the file of the Inspector of Police, Gingee Police Station, with regard to the alleged crime said to have been committed on the victim, Ms.Rita Mary, for the offences punishable under Sections 363, 37 6 read with Sections 511 and 576(c) of the Indian Penal Code, to the Crime Branch CID II, Chennai, headed by Mr.Sridhar, Supe of Police, Chennai, with a direction to investigate the said crime and to proceed in accordance with law, with the following officers, viz., Mr.G.Rajendran, Deputy Superintendent of Police, CBCID, Chengalpet, Mr.G.Harikrishnan, Inspector of Police, CBCID, Villupuram, Mr.Rajan, Inspector of Police, CBCID, Salem and Mr.Subbaiah, Inspector of Police, CBCID, Cuddalore, under the direct supervis Thilakavathi, I.P.S., Inspector General of Police, Head Quarters, Chennai, and to report the effective steps taken in that regard and the progress in the investigation.
5.2. This court by the said interim order dated 4.12.2001 also directed (i) the Chief Secretary, Government of Tamil Nadu, to take appropriate decision to provide interim relief to the victim; (ii) the Secretary, Home Department and the Director General of Police, to take appropriate action against the Police Officers concerned; and (iii) the Secretary, Health Department, to provide all necessar assistance to the victim girl, at the expense of the State, and also to take appropriate departmental action against the medical officers who are said to have committed lapses in their duty, in the light of the report dated 4.12.2001 of Ms.G.Thilakavathi, I.P.S., Inspector General of Police.
5.3. Except to treat the report dated 4.12.2001 of Ms.G.Thilakavathi, I.P.S., Inspector General of Police, as a part and parc proceedings in the above O.P.s, and to issue the above directions, I do not propose to give any opinion on the alleged crime as it would, otherwise, be an interference with the investigation ordered, causing unnecessary aspirations on the prosecution and prejudice the defence in the trial.
6.1. The investigation relating to the Crime No.679 of 2001 on the file of Gingee Police Station was, accordingly, transferred to Crime Branch CID II, Chennai, and the Crime Branch CID II, Chennai, under the direct supervision of Ms.G.Thilakavathi, I.P.S., Inspector General of Police, Headquarters, Chennai, had taken swift acti matter.
6.2. The sincere and dedicated service rendered by Ms.G.Thilakavathi, I.P.S., Inspector General of Police and her team of Pol 7.1. In the light of the observations of this Court dated 4.12.2001 made with reference to the report of Ms.G.Thilakavathi, I.P.S., Inspector General of Police, dated 4.12.2001, the Government, without standing on any technicalities, apart from extending their helping hand to provide medical aid to the victim at the States expense, have also sympathetically considered the sufferings and needs of and generously sanctioned a sum of Rs.5,00,000/- (Rupees five lakhs only) as financial assistance, by passing a Government Order, namely G.O.(2D) No.346 Home (Police.XII) Department, dated 12.12.2001.
7.2. The G.O.(2D) No.346 Home (Police.XII) Department, dated 12.12.20 01, reads as follows:
GOVERNMENT OF TAMIL NADU ABSTRACT VICTIM COMPENSATION Compensation to Selvi Rita Mary, alleged victim of assault in Sub-Jail, Gingee Orders of High Court in Crl.O..No.2 4090 and 24248/2001, dated 4.12.2001 Implementation of.
HOME (POLICE.XII) DEPARTMENT G.O.(2D) No.346 Dated: 12.12.2001
1.Orders of High Court dated 4.12.2001 in Crl.O.P.No.24090 and 24248 of 2001.
2.From the Inspector General of Police (Head-Quarters) Chennai D.O. Lr.27/IGP/HQrs/2001, dated 5.12.2001.
3.G.O.(2D) No.342, Home (Pol.12) Department, dated 6.12.2001.
ORDER:
In supersession of the orders issued in the G.O. third read above, the Government issue the following orders:
2. The High Court of Madras in its order first read above has directed interalia to consider the payment of compensation to the alleged victim Selvi Rita Mary as recommended by the Inspector General of Police (HQrs) in paragraph 11 of her enquiry report in connection with the alleged assault on the above individual in relation to Cr.No.679/200 1 on the file of Gingee Police Station registered for the alleged offences under section 363, 376 read with sections 511 and 376-C of Indian Penal Code treating the same as minimum interim relief and to forward the decision of the Government to the High Court on 6.12.2001.
3. The Government have examined the case and have decided to pay Rs.5 ,00,000/- (Rupees five lakhs only) as compensation to the alleged victim Selvi Rita Mary. They accordingly direct that a sum of Rs.5,00,0 00/- (Rupees five lakhs only) be paid to Selvi Rita Mary.
4. The above expenditure shall be debitable under the following head of account:
2055-00-Police-109-District Police-AA District Police 51 Compensation 01. Claims under no fault liability Principal charges (D. P.C. 2055 00 109 AA 5113).
5. The Pay & Accounts Officer (East) Chennai is authorised to admit the bill pending provision in Revised Estimate/Final Mod Appropriation for 2001-2002.
6. The Director General of Police is requested to draw and disburse the said amount to Selvi Rita Mary under proper acknowle intimate the fact to Government.
7. This order issues with the concurrence of Finance Department vide it U.O.No.29/ADS(SM)/2001-1, dated 6.12.2001 and the additional sanction Ledger No.498 (Four hundred and ninety eight only).
(BY ORDER OF THE GOVERNOR) NARESH GUPTA SECRETARY TO GOVERNMENT.
7.3. The said amount of Rs.5 Lakhs awarded to the victim Ms.Rita Mary, by G.O.(2D) No.346, Home (Police.XII) Department, dated 12.12.2001, shall be invested with Tamil Nadu Power Finance Cor from the date of investment, which shall be renewed thereafter, once in three years, periodically, and the monthly interest accrued thereon shall be paid to the victim Ms.Rita Mary, for her livelihood, from the date of the investment. The victim Ms.Rita Mary, is at liberty to approach this court for necessary relaxation of the above condition of when the same is required under any compelling circumstances, which may be considered by this Court, on merits.
7.4. The benign decision of the Government to allot an ownership dwelling unit of Tamil Nadu Housing Board to the star-crossed victim, Ms.Rita Mary, free of cost, is also recorded and the sa given effect to expeditiously, in any event within a period of ninety days from the date of receipt of this order; on condition that the victim, Ms.Rita Mary, shall not either rent out, lease out or transfer the dwelling unit to any third party, during her life 7.5. This Court extensively appreciates the benevolent gesture of the Government towards the hapless victim girl, Ms.Rita Mary.
7.6. This Court also hopes that the Government would compassionately consider and take a positive decision on the request of Ms.Rita Mary, either for suitable employment or alternatively, to evolve a prospective scheme, to provide a regular source of income for her rehabilitation, if and when the same is made.
7.7. The above relief shall not, on any account, be an impediment for the trial Court, to award substantial compensation payable to the victim, Ms.Rita Mary, by each of the accused, in the event of their conviction in the trial.
7.8. The relief offered to the victim in the instant case, by the Government, as well as any of the above observations of this Court, in this regard, shall not be quoted as precedent at any circumstance, as the same are provided, taking note of the exceptional f circumstances of the alleged crime said to have committed on the victim.
7.9. However, it is for the Government to consider the payment of compensation to M/s.Lakshmanan, Mohan, Sadiq Basha, and Anandan, for their empirical survey, calculated risk and earnest efforts taken to rescue the victim girl from the traffickers, pimps and sex traders, in the light of the report dated 4.12.2001.
7.10. I am also obliged to place on record the assistance rendered by Mr.I.Subramanian, Public Prosecutor and Mr.M.Maharaja, Government Advocate (Criminal Side) to this Court in tuning the respondents in a right direction and extending their valuable suggestions to them.
8.1. Right to life means something more than survival or animal existence. Right to life includes the right to live with human dignity. Human dignity is the essence and soul of human rights. Any abrasion, laceration or contusion on human dignity shall be an extensive and massive infarction to right to life.
8.2. Rape is the most hated crime. It is a crime against basic human rights and violates the most cherished fundamental right India. Rape is, therefore, not only a crime against the victim, but also against the entire society. It not only destroys the entire psychology of the victim, but also pushes her to deep emotional crisis, which in turn stirs the society. Therefore, the rehabilitation measures to the victim are inevitable in a civilised society.
8.3. The alleged rape said to have been committed on the victim, Ms. Rita Mary, is, therefore, a gross violation to her human dignity, and in turn to her right to life.
8.4. Unmindful and undue publicity of the photographs and other details relating to the identity of the sexually assaulted victim, by the excessive media coverage, no doubt, would only add victim, who is already nailed with unexplainable ordeal, causing social stigma.
8.5. Looking at the pains and sufferings of the victim, Ms.Rita Mary, as a prototype of the plight of many such trafficked vi are forced and subjected to the commercial sexual exploitation, I am constrained to issue the following guidelines, for due implementation by the Government:
(a)to effectively prevent the Media from unmindfully and unduly publishing the photographs and other details relating to the sexually assaulted victim, invoking Section 228A of Indian Penal Code, as it would take a long time to get rid of the social stigma caused on the victim due to such unwarranted and prohibited media coverage and publicity;
(b)to establish separate sub-jails to house women prisoners, under the exclusive administration of trained women personnel; and till such formation, to remand women prisoners only in the vigil separate enclosures; and
(c)to entrust an in-depth analysis of psycho-social factors relating to the victimisation of the trafficked individuals to an measures, on:
i.prevention of trafficking, through education, public awareness and economic alternative; ii.protection for the victims of trafficking; and iii.prosecution of traffickers, as, many a time, trafficked individuals, are alone treated as criminals, even though they themselves are victims of fraud and violence, by sexual assaults and exploitation.
9. Taking note of the fact that the Crime Branch CID II, Chennai, under the direct supervision of Ms.G.Thilakavathi, I.P.S., Inspector General of Police, Headquarters, Chennai, have already undertaken effective measures to investigate into the Crime No. 679 of 2001 on the file of the Gingee Police Station, pursuant to the directions of this Court dated 4.12.2001, and that the Government have also compassionately come forward to extend their comprehensive assistance to the victim, in my considered opinion, no further orders are required in the above O.P.s., except to issue above directions and observations.
These O.P.s are, therefore, disposed of with the above directions and observations. No costs. Consequently, Crl.M.P.Nos.8256 and 8257 of 2001 are closed.
21.12.2001 Note to Office:
Copy of this order may be marked to:
1) Ms.R.P.Kalpana, Judicial Magistrate No.1, Thindivanam
2) Ms.G.Thilakavathi, I.P.S., Inspector General of Police Headquarters, Chennai.
Index: Yes sasi-kpl P.D.DINAKARAN,J.
Crl.O.P.Nos.24090 & 24248 of 2001 21.12.2001