| Headnote |
CRIME AGAINST WOMEN:Gang rape of 20 year old woman in a village of West Bengal on the orders of the Community Panchayat as a punishment for having relationship with a man from a different community - Suo motu action by Supreme Court - Held: Violence against women is a recurring crime across the globe and India is no exception in this regard - The case at hand is the epitome of aggression against a woman and it is shocking that even with rapid modernization such crime persists in Indian society - The State Police Machinery could have prevented the said occurrence - The State is duty bound to protect the Fundamental Rights of its citizens; and an inherent aspect of Article 21 of the Constitution would be the freedom of choice in marriage - Such offences are resultant of the States incapacity or inability to protect the Fundamental Rights of its citizens - Considering the facts and circumstances of the case, the victim given a compensation of Rs. 5 lakhs for rehabilitation by the State - State is directed to make a payment of Rs. 5 lakhs, in addition to the already sanctioned amount of Rs. 50, 000 - Compensation - Constitution of India, 1950 - Article 21. Duty of court and police - Held: The courts and the police officials are required to be vigilant in upholding the rights of the victims of crime as the effective implementation of provisions of Code of Criminal Procedure lies in their hands - Police Officer must visit a village on every alternate days to instill a sense of security and confidence amongst the citizens of the society and to check the depredations of criminal elements.Rape victim - Duty of State - Compensation - Held: No amount of compensation can be adequate nor can it be of any respite for the victim but since such offence take place due to failure on part of State in protecting a victim's fundamental right, the State is duty bound to provide compensation, which may help in the victim's rehabilitation.PENAL CODE, 1860: ss.326A, 376, 376A, 3768, 376C, 376D, 376E - Held: The offences under these provisions are not only in contravention of domestic laws, but are also a direct breach of the obligations under the International law - India has ratified o 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 - Such crimes can certainly be prevented if the state police machinery work in a more organized and dedicated manner - Thus, the State machinery should work in harmony with each other to safeguard the rights of women in our country - Registration of FIR is mandatory u/s. 154 of the Code, if the information discloses commission of a cognizable offence and the Police officers are duty bound to register the same - Likewise, all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, are statutorily obligated u/s.357C to provide the first aid or medical treatment, free of cost, to the victims of any offence covered u/ss.326A, 376, 376A, 3768, 376C, 376D or G s.376E - Code of Criminal Procedure, 1973 - s.154 - Crime against women - International Treaties. CODE OF CRIMINAL PROCEDURE, 1973:s.357A - Held: In 2009, a new s.357A was introduced in the Code which casts a responsibility on the State Governments to formulate Schemes for compensation to the victims of crime in coordination with the Central Government whereas, previously, s.357 ruled the field which was not mandatory in nature and only the offender was directed to pay compensation to the victim under that section - Under the new s.357A, the onus is on the District Legal Service Authority or State Legal Service Authority to determine the quantum of compensation in each case - However, no rigid formula can be evolved as to have a uniform amount, it should vary in facts and circumstances of each case - According to s.357B, the compensation payable by the State Government u/s.357A shall be in addition to the payment of fine to the victim u/s. 326A or s.3760 of the IPC. |
