Madras HC orders SIT investigation into Anna University sexual assault, ₹25 lakh compensation to victim
- In Reports
- 04:34 PM, Dec 28, 2024
- Myind Staff
On Saturday, the Madras High Court ordered a Special Investigation Team (SIT) to look into the case of a 19-year-old engineering student who was sexually assaulted on the campus of Anna University in Chennai.
According to Bar and Bench, the state of Tamil Nadu was also ordered by the bench of justices SM Subramaniam and V Lakshminarayan to provide the survivor with ₹25 lakh in interim compensation for the police's "serious lapse" in disclosing her details in the first information report (FIR) that was made public on the police website. The court has ordered the Tamil Nadu Police to provide protection to the second-year student and her family. On Monday, December 23, the student was sitting with her male friend in an open area on campus when she was reportedly sexually assaulted by a man.
The accused, 37-year-old Gnanasekaran, first attacked the survivor's friend, a fourth-year student, and then dragged her behind a building where he assaulted her. The police later arrested the man after the teen filed a complaint. There was widespread anger among the students, and a heated political debate erupted in the state following the incident. The Madras High Court has notably ordered the creation of a Special Investigation Team (SIT) made up of three IPS officers, pointing out several mistakes in the current investigation.
The judge further criticised the police for "victim blaming" after reading the FIR filed in the case. The FIR states that the complainant reported the offender approached her on the campus after recording private moments with her boyfriend on his phone. The offender then threatened to share the video with her father and the college authorities. During the hearing before the HC, the bench told Advocate General PS Raman, "Have you read the FIR? It is an example of victim blaming." Later, in its order, it added that "the deplorable language of the FIR paves the way for victim blaming. It is shocking." The panel in Madras said it was unfortunate that victim-shaming resulted from the FIR's first release. The bench said, "It has led to more mental agony for her," as reported by Bar and Bench.
The court emphasised that it is the responsibility of both the state and society to protect women and strongly criticised how the FIR was written. "This can't be done by blaming or shaming her. It is misogynistic. The Constitution doesn't differentiate between men and women and the society must feel ashamed to put down women," it added. The HC bench also questioned why a woman can't walk alone freely, wear the clothes she chooses, or talk to a man without being judged. "A woman must rise above the societal stigma. It was never her fault, only the society's that judged her," the two-judge bench was quoted as saying. The court came to the conclusion that the FIR itself violated the survivor's right to bodily autonomy and dignity under Article 21. The girl is barely 19 years old, thus the police officer has a responsibility to assist her in filing the FIR and drafting it, the court had previously stated. When the bench said, "It reads like something that we would read in secret in the boys' hostel,"
"You were dressed in a way to invite the assault...this is what the FIR reads like," it further observed. On Saturday, the National Commission for Women (NCW) set up a fact-finding committee to investigate the sexual assault of a second-year engineering student that occurred on campus. Earlier, the Commission had taken suo motu notice of the incident, condemned it, and expressed their support for the survivor in her pursuit of justice. "The NCW has taken suo moto cognisance of the disturbing sexual assault of a 19-year-old student from Anna University, Chennai. The Commission condemns this heinous act in the strongest terms and stands with the victim in her fight for justice," NCW wrote on X. The Commission added that the accused is a "habitual offender" and that he has been encouraged to conduct these crimes by the Tamil Nadu police's incompetence.
"NCW Chairperson Vijaya Rahatkar has directed the TN DGP to ensure free medical care and protection for the victim. Add Sec 71 of BNS, 2023, to the FIR for stricter punishment. Take action against officers for publicly revealing the victim's identity, violating SC guidelines and Section 72 BNS," the post added.
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