Anna University Sexual Assault Case| Leaked FIR Showcases Deplorable Language Employed Paving Way For Victim Blaming: Madras HC Constitutes All Women SIT
The Madras High Court has directed the constitution of an All Women Special Investigation Team (SIT) to investigate the alleged sexual assault of a second-year engineering student on the Anna University campus.
The Court took note of the “deplorable language” used in the FIR with the tone of victim blaming, and accordingly directed the State Government to pay an interim compensation of Twenty Five Lakhs to the victim for the lapses by the Police Department in paving way for leaking FIR and for the trauma undergone by the victim and her family members.
A Division Bench of Justice S.M. Subramaniam and Justice V. Lakshminarayanan observed, “The details of the FIR leaked in public showcases the deplorable language employed in the FIR paving way for victim blaming. Further, the Commissioner during press meet disclosed that the FIR will be drafted as exactly given by the complainant and hence, it was recorded as stated by the victim. But the language employed in the FIR is shocking, as it is, more a case of victim blaming…The complaint and the FIR could have been drafted in such a way as to protect the dignity of the victim. It is the duty of the Police official receiving the complaint to assist the victim by employing a language, which does not infringe her right to dignity. Rather using words/phrases, insinuating the woman's character and berating her dignity is uncalled for.”
Advocate M.K. Gaur represented the Petitioner, while Advocate General P.S. Raman appeared for the Respondents.
On December 23, 2024, a second-year engineering student at Anna University, Chennai, was allegedly sexually assaulted on campus. According to the FIR registered under Sections 63(a), 64(1), 75(i)(ii), and 75(i)(iii) of the Bharatiya Nyaya Sanhita (BNS), 2023, the accused threatened the victim by recording videos and taking photographs of her identity card. The victim was further coerced with threats of expulsion and defamation. The accused, identified as a history-sheeter, was arrested, but other suspects remain at large.
“This Court is aware that the investigation into the criminal case is ongoing. But suddenly the FIR involved in the present case was leaked to the public domain, revealing the details of victim and the incident. Further, the Commissioner of Police, Chennai has also divulged the details of the investigation through a press conference, which has become the subject matter of debate. The investigation details ought not to have been disclosed in the public, while the investigation is ongoing, as this could hamper and obstruct the process. The leakage of FIR is a serious lapse in the investigation process and cannot be taken lightly,” the Court remarked.
The Court stated that the press conference invited by the Commissioner of Police without obtaining prior permission from the Government must be met with appropriate actions against him. “The press conference called for by the Commissioner of Police, Chennai within two days after the incident and disclosing certain important facts in the public domain is highly unwarranted. Therefore, the Government has to take a call and initiate all appropriate actions,” it remarked.
Consequently, the Court directed, “All Women Special Investigation Team comprising Dr.Bhukya Sneha Priya, I.P.S., Deputy Commissioner of Police, Anna Nagar District, Ms.Ayman Jamal, I.P.S., Deputy Commissioner of Police, Avadi and Ms.S.Brinda, I.P.S., Deputy Commissioner of Police, Salem City is constituted to take up the investigation in right earnest, and conclude the same by filing charge sheet in two criminal cases registered in Crime No.3 of 2024 on the file of All Women Police Station, Kotturpuram, Chennai and Crime No.107 of 2024 on the file of Chennai East Zone Cyber Crime Police Station. All Women Special Investigation Team shall not allow any offenders to go scot free irrespective of their official position and how so high they are in the society.”
Cause Title: R. Varalakshmi v. The Government of Tamil Nadu & Ors. (Neutral Citation: 2024:MHC:4229)
Appearance:
Petitioner: Advocate V.Jayaprakash Narayanan and S.Tamilselvan
Respondents: Advocate General P.S.Raman; State Government Pleader Edwin Prabhakar; Additional Advocate General P.Kumaresan and J.Ravindran; Additional Public Prosecutors R.Muniapparaj, Babu Muthumeeran and A.Damodaran; Advocate U.Baranidaran