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In Re: Gang Rape Allegedly Ordered by a Village Council in Birbhum

Writ Petition (Criminal) · Neutral citation not assigned (Writ Petition (Criminal) No. 24 of 2014)Decided 28 Mar 2014
Writ Petition (Criminal) No. 24 of 2014
Chief Justice P. Sathasivam · Justice S.A. Bobde · Justice N.V. Ramana

Background

The Court initiated proceedings after reports that a village council had ordered the gang rape of an adult woman because of her relationship with a man from another community. It obtained reports from judicial officers and the West Bengal government and examined investigation materials. The issues before it concerned investigation shortcomings, prevention of such violence and the survivor's compensation and rehabilitation.

Decision Breakdown

The Court recorded the State's assurance that identified investigation deficiencies would be examined and corrected. It emphasised that personal choice in marriage is protected under Article 21 and that the State must prevent violence enforcing community disapproval. It directed payment of an additional ₹5 lakh within one month, over the ₹50,000 already sanctioned, and required compensation and other benefits to go directly to the adult survivor. It also ordered daily inspection of her place by the Circle Officer for her family's safety and stressed lawful recording of complaints and free medical treatment. These protective and compensatory directions did not decide the criminal guilt of the accused.

Lesson Learnt

Community bodies cannot use violence to punish an adult's personal relationship choices, and public authorities have duties to protect those at risk. A survivor's remedies extend beyond an investigation to safety, direct access to compensation and meaningful rehabilitation.

Official source (sci.gov.in)View Judgment (PDF)

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