The Supreme Court today directed the West Bengal government to pay a compensation of Rs five lakh to a girl who was gangraped by 13 men in Birbhum district and ordered free of cost medical treatment to all victims of rape and acid attack across the country.
The apex court held West Bengal government deficient in protecting the 20-year-old girl who was gangraped on the order of a local panchayat for falling in love with a man outside her community, saying "state police machinery could have possibly prevented the said occurrence".
Freedom of choice in marriage is a Fundamental Right and the state is duty bound to protect such rights of its citizens, a bench of Chief Justice P Sathasivam and Justices S A Bobde and N V Ramana said.
Such offences are resultant of the States' incapacity or inability to protect the Fundamental Rights of its citizens, they observed.
The bench expressed concern over the rise in crime against
women, particularly rape, gangrape and acid attack, and called for a larger societal change through education and awareness as a long term measure to curb such crimes.
"Government will have to formulate and implement policies in order to uplift the socio-economic condition of women, sensitization of police and other concerned parties towards the need for gender equality and it must be done with focus in areas where statistically there is higher percentage of crimes against women," the bench said.
"Likewise, all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, are statutorily obligated under Section 357C to provide first-aid or medical treatment, free of cost, to the victims of any offence covered under Sections 326A (voluntarily causing grievous hurt by use of acid), 376, 376A, 376B, 376C, 376D or Section 376E (related to rape of a woman) of the IPC," the bench said.
The bench had on January 24 taken suo motu cognisance of the incident in which a young tribal girl was gangraped allegedly by 13 villagers in Birbhum district in January this year. It had directed the district judge to visit the place and file a report to it.
