Birbhum gangrape: SC directs WB govt to pay Rs 5 lakh compensation to victim

New Delhi: The Supreme Court today directed the West Bengal government to pay a compensation of Rs five lakh to a girl who was gangraped by 13 men in Birbhum district and ordered free of cost medical treatment to all victims of rape and acid attack across the country. The apex court held West Bengal government deficient in protecting the 20-year-old girl who was gangraped on the order of a local panchayat for falling in love with a man outside her community, saying “state police machinery could have possibly prevented the said occurrence”. [caption id=“attachment_1455547” align=“alignleft” width=“380”]  Representational image. AFP[/caption] Freedom of choice in marriage is a Fundamental Right and the state is duty bound to protect such rights of its citizens, a bench of Chief Justice P Sathasivam and Justices S A Bobde and N V Ramana said. Such offences are resultant of the States’ incapacity or inability to protect the Fundamental Rights of its citizens, they observed. The bench expressed concern over the rise in crime against women, particularly rape, gangrape and acid attack, and called for a larger societal change through education and awareness as a long term measure to curb such crimes. “Government will have to formulate and implement policies in order to uplift the socio-economic condition of women, sensitization of police and other concerned parties towards the need for gender equality and it must be done with focus in areas where statistically there is higher percentage of crimes against women,” the bench said. “Likewise, all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, are statutorily obligated under Section 357C to provide first-aid or medical treatment, free of cost, to the victims of any offence covered under Sections 326A (voluntarily causing grievous hurt by use of acid), 376, 376A, 376B, 376C, 376D or Section 376E (related to rape of a woman) of the IPC,” the bench said. The bench had on January 24 taken suo motu cognisance of the incident in which a young tribal girl was gangraped allegedly by 13 villagers in Birbhum district in January this year. It had directed the district judge to visit the place and file a report to it. Though the bench ordered that a compensation of Rs five lakhs, in addition to already sanctioned Rs 50,000, be given to the Birbhum gangrape victim for her rehabilitation by the State within a month, it said the obligation of the government does not extinguish on payment of compensation and rehabilitation of victim is also of paramount importance. “Besides, we also have some reservation regarding the benefits being given in the name of mother of the victim, when the victim herself is a major (aged about 20 years). Thus, in our considered view, it would be appropriate and beneficial to the victim if the compensation and other benefits are directly given to her and accordingly we order so,” the bench said. Regarding the gangrape incident with the girl, the bench said this case “is the epitome of aggression against a woman and it is shocking that even with rapid modernisation such crime persists in our society”. “Keeping in view this dreadful increase in crime against women, the Code of Criminal Procedure has been specifically amended by recent amendment dated 3 February, 2013 in order to advance the safeguards for women…,” it said. The victim and her paramour were caught, tied to a tree and assaulted after which they were asked to pay a fine of Rs 50,000. The gangrape took place on the intervening night of January 20-21 after the girl expressed her inability to pay the amount. The victim and her family members in their complaint before the police had said that among those who brutalised her were people old enough to be her father. All the accused, including village head (known in the area as ‘morol’), have been arrested. The rape allegedly took place inside the morol’s house. The bench noted that India has signed several international treaties for protection of women from any kind of discrimination, but still they suffer from discrimination in the society. “The crimes, as noted above, are not only in contravention of domestic laws, but are also a direct breach of the obligations under the International law. India has ratified various international conventions and treaties, which oblige the protection of women from any kind of discrimination. However, women of all classes are still suffering from discrimination even in this contemporary society. “It will be wrong to blame only on the attitude of the people. Such crimes can certainly be prevented if the state police machinery work in a more organized and dedicated manner. Thus, we implore upon the State machinery to work in harmony with each other to safeguard the rights of women in our country,” the bench said. PTI