Introduction:
The recent sexual assault case of a female student of Anna University had laid bare the glaring inadequacies in campus security, sparking a political firestorm and underscored the urgent need for systematic reforms in educational institutions.
The incident, unfolded in a secluded part of the campus, not only brought legal and administrative failures to the forefront but also reignited societal debates on safety, accountability and the rights of women.
Incident Overview:
On December 23, 2024, a 19-year-old second year engineering student was allegedly sexually assaulted and raped by the accused within the premises of the reputed Anna University Campus at Guindy in the heart of Chennai City. The victim was accompanied by a male friend near an old building within the campus.
Reports indicate that the accused attacked the friend of the victim girl and proceeded to assault the victim girl. The victim girl informed the incident to the Internal Committee of the College/University, who directed her to file a police complaint. Accordingly, a police complaint was filed with All Women Police Station, Kotturpuram, Chennai and an FIR was registered for the commission of offence of rape and sexual assault. As a result thereof, one of the accused person namely Mr. Ganansekaran was arrested.
It was reported that the accused, Mr. Gnanasekaran was a history-sheeter having several criminal cases including sexual assault cases pending against him. It was further reported that several such untoward incidents occurred inside the campus during earlier occasions but no complaint was registered.
Writ Petitions filed before the Hon'ble High Court of Judicature at Madras:
Petitions were being before the Hon'ble High Court of Judicature at Madras (W.P. Nos. 39893 and 39895 of 2024) seeking proper investigation in the concerned matter.
Issues raised:
- Breach of right to privacy, her right to dignity and her right to bodily autonomy
- Leaking of FIR in Public domain
Action against the Commissioner of Police:
The case took a grim turn when the FI, containing the details of the victim including her name, contact number, address, the details of the incident surfaced on the social media which itself paved way for victim shaming. This breach of privacy sparked widespread outrage among the public at large.
However, the Chennai Police Commissioner attributed the leak to a 'technical glitch'.
The court strongly emphasized that the confidentiality of the victim and her details is paramount and investigation into crimes of this nature requires a victim centered approach.
"Even construed as a mistake or technical error, it is essential to understand that errors should not find any place in such sensitive cases, especially in cases involving crimes against women and children."
The court held that the vital information regarding the scene of crime disclosed by the Commissioner of Police through a press conference, undoubtedly would cause prejudice to further investigation and hamper the investigation. The details of the FIR leaked in public showcases the deplorable language employed in the FIR paving way for victim blaming.
"The court held that it is the duty of the Police official receiving the complaint to assist the victim by employing a language, which does not her right to dignity. Rather using words/phrases, insinuating the woman's character and berating her dignity is uncalled for and this could have been avoided by appropriate choice of words without violating her right to dignity."
In light of this, the court is of the opinion that the press conference called for by the Commissioner of Police within two days after the incident and disclosing certain important facts in the public domain was highly unwarranted and hence, the government has to examine and take a call to initiate all appropriate actions against the Commissioner of Police, Chennai, if required, under the law.
Further, it held that "Right to privacy of the victim under Article 21 of the Constitution stands breached in the present case, due to FIR leak and hence, this Court is bound to consider for grant of compensation."
Lapses on the part of Anna University:
The court observed the lapses on the part of Anna University which are a matter of serious concern namely:
- The fact that a large number of Closed Circuit Television (CCTV) cameras within the campus were not in working conditions;
- Inadequate positioning of guards inside the campus;
- Free access of third parties inside the University campus are also security lapse at large, where large number of female students are studying, including those residing in the girls' hostel situated inside the campus
The court whole heartedly appreciates the courage exhibited by the brave survivor in coming forward to report the crime stating that "Unless victims come forward to report crimes, the perpetrators will continue with committing such crimes."
The court feels that the victim student has been wronged by not being adequately protected within the premises of the University campus. Therefore, the victim ought to be compensated and hence, the University was directed to ensure that the victim can continue her studies uninterruptedly and the University shall waive all charges, including tuition fees, hostel fees, etc., enabling her to complete her studies.
Need for Societal Change: Madras High Court
A bench comprising of Hon'ble Mr. Justice S.M. Subramaniam and Hon'ble Mr. Justice V. Lakshminarayanan condemned the FIR leak as a severe violation of the survivor/victim's rights.
The bench further highlighted the deep-rooted societal stigma surrounding women's safety and autonomy by raising questions such as Do only men have wishes? Why can't a woman wish to fall in love without societal judgments? Why can't a woman wish to walk by herself alone at night without fear? Why can't a woman wish to talk to her male friends and colleagues feeling without being judged? Why can't a woman wish to dress up the way she wants without being shamed?
The court emphasis that it is high time that the society positions itself from the shoes of the woman and stated that "Nobody in this free country has any right to dictate a woman as to how she should live her life. It is always Her Life. Her Body. Her Choice."
Directions Issued by the Madras High Court:
Considering several lapses both on part of the Police Officials and the Anna University Administration, the court formed an opinion that the investigation must be handed over to the Special Investigation Team (SIT) to be constituted by appointing Indian Police Service (IPS) Officers.
Consequently, both the petitions were disposed of by a common order dated December 28, 2024 by a division bench of with the following directions were being issued:1
- Formation of all Women Special Investigation Team (SIT) comprising three IPS officers, to ensure a thorough investigation.
- The Director General of Police is directed to provide all necessary assistance to the SIT, enabling the team to conduct investigation, file charge sheet and proceed with the trial before the competent court.
- The Director General of Police is directed to provide interim protection to the victim girl and to her family members.
- The Government of Tamil Nadu is diected to pay an interim compensation of INR 25,00,000 to the victim girl immediately, for the lapses by the Police department in paving way for leaking FIR and for the trauma undergone by the victim girl and her family members. The interim compensation granted by this court will not be a bar for the victim to claim further compensation under relevant law.
- The Anna University Administration is directed to allow the victim girl to continue her education and complete the course without collecting any fees including tuition fees, hostel fees, exam fees, mess charges, etc.
- The Anna University Administration is directed to provide counselling to the victim girl enabling her to pursue her education successfully and with merits.
- To ensure protection of FIRs in such nature of sensitive cases by adopting full proof procedures as contemplated under statutes and as per guidelines issued by the Constitutional Courts.
- To remove all the details and references to the name of the victim from all social media forum and electronic media forthwith.
- To conduct a departmental inquiry regarding leaking of FIR and initiate departmental disciplinary proceedings against the officials, who all are responsible and accountable for lapses, negligence and dereliction of duty under relevant service rules.
Conclusion:
The Anna University case is a stark reminder of the vulnerabilities faced by students in educational institutions and the pressing need for robust security protocols. It also highlights systematic issues such as inadequate background checks for campus visitors, staffs and security breaches, etc.
Beyond administrative reforms, the incident serves as a wake-up call for a societal shift in attitude towards survivors of sexual assault. While judicial interventions and compensations are essential, but they must also be complemented by efforts to foster an environment where survivors are supported and not stigmatized.
Footnote
1. https://www.livelaw.in/pdf_upload/varalakshmi-v-govt-of-tn-579071.pdf
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