Article gist : Pollachi Sexual Assault case is a golden opportunity for the Indian Criminal justice system to set the right standards for Women’s safety in the society. Indian criminal justice system delivering speedy and fair justice in this case will restore society’s faith in the justice system.
The Supreme Court building is pictured in New Delhi.(AFP File Photo)
A heart wrenching incident has rocked the quiet Tamil Nadu town Pollachi since February. From what we know so far, a group of men used social media to be-friend, sexually assault and black mail innocent women. This case has come to light by the bravery of a 19-year-old victim who filed a police complaint against her perpetrators. The accused are alleged to be politically connected to the party ruling the state. This case in now sub judice.
Given the alleged strong connections of the accused and the delicate positioning of the case, we are dealt with a shocker by the Tamil Nadu administration. Coimbatore Superintendent of Police and the Tamil Nadu Home Secretary name the victim in separate incidents.
Legally, in a sexual assault case, name and identity of the victim should not be disclosed as per S.228A of Indian Penal Code.
Madras High court responded to this lapse by reprimanding the involved officials. It has also awarded a compensation of INR 25 Lakhs to the victim.
Honourable Madras High Court has followed law by the letter and done the first thing right. There are more to be done in my opinion. Courts should consider the context and take a broader stand – spirit of the law, as a response to this incident. Honourable court should consider the following:
Are the above lapses coincidental or planned conspiracy? If conspired, who are the involved parties and their motives.
Can the court trust the police department to handle this case with required intensity & sensitivity?
The victim has been awarded 25 Lakh compensation. But what about the social shaming and threats the victim could possibly face. The court should ensure a safe avenue and rehabilitation for the victim till deemed necessary.
A much bigger concern for the court here should be the silencing effect of this incident on other victims – This public naming of victim deters them from coming forward and reporting the injustice meted out to them. If that happens, then they will be denied deserved justice and necessary rehabilitation.
The objective of the criminal justice system does not stop with awarding compensation to victims and punishing the convicts. It has the bigger responsibility of establishing/restoring social order in the society and deterring future crimes.
This case deals with an extremely important subject: women’s safety in the society. The court should expand its horizons to
- Safeguarding all victims – their identity, dignity, life – counsel them as needed.
- Bringing all convicts to justice – ensure stringent punishment is meted out.
- Restore order and faith in the system – Police & Courts.
- Recommend the Government to enact stronger and efficient laws to deal with crimes against women.
Amnesty international recommends all states and its agencies to place rights of the victim at the centre of all measures to combat and prevent violence against women.
In summary, Indian justice system should work towards victim protection and act as a window for the society towards its preservation and restoration. It need not and should not stop with the letter of the law.
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Disclaimer : The author has presented his views/opinion on the case based on available facts and new articles. The author intends to expand courts’ horizon and does not intend to comment on a sub judice matter. The author or the site will not be responsible for any opinion taken out of mentioned context.
References
https://www.amnesty.org/download/Documents/EUR0194522018ENGLISH
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Well written Balajee. Punishment for such offences should be exemplary. The mere knowledge of punishment should deter such crimes. Justice delayed is justice denied. Such cases should be completed in a time bound manner. Silencing effect will change only when our society changes and sees the survivor as a fighter rather than as a loser.
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Rightly said Mahesh – only when the Society change does things change. You put it aptly, “survivor is the fighter”. It is the convicts who need to be ashamed of their acts.
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