IN RE: GANG RAPE ON ORDERS OF COMMUNITY PANCHAYATversusIN RE: GANG RAPE ON ORDERS OF COMMUNITY PANCHAYAT

                        [2014] 4 S.C.R. 264


A     IN RE: GANG RAPE ON ORDERS OF COMMUNITY
                      PANCHAYAT
    SUO MOTU WRIT PETITION (CRIMINAL) NO. 24 OF 2014
                          MARCH 28, 2014
B   [P. SATHASIVAM, CJI, SHARAD ARVIND BOBDE AND
                    N.V. RAMANA, JJ.]

        CRIME AGAINST WOMEN:

C      Gang rape of 20 year old woman in a village of West
  Bengal on the orders of the Community Panchayat as a
  punishment for having relationship with a man from a different
  community - Suo motu action by Supreme Court - Held:
  Violence against women is a recurring crime across the globe
  and India is no exception in this regard - The case at hand is
0 the epitome of aggression against a woman and it is shocking
  that even with rapid modernization such crime persists in
  Indian society - The State Police Machinery could have
  prevented the said occurrence - The State is duty bound to
  protect the Fundamental Rights of its citizens; and an inherent
E aspect of Article 21 of the Constitution would be the freedom
  of choice in marriage - Such offences are resultant of the
  States incapacity or inability to protect the Fundamental
  Rights of its citizens - Considering the facts and
  circumstances of the case, the victim given a compensation
F of Rs. 5 lakhs for rehabilitation by the State - State is directed
  to make a payment of Rs. 5 lakhs, in addition to the already
  sanctioned amount of Rs. 50, 000 - Compensation -
  Constitution of India, 1950 - Article 21.

G       Duty of court and police - Held: The courts and the police
  officials are required to be vigilant in upholding the rights of
  the victims of crime as the effective implementation of
  provisions of Code of Criminal Procedure lies in their hands
  - Police Officer must visit a village on every alternate days to
                                 264
H
                                  ''
     IN RE: GANG RAPE ON ORDERS OF COMMUNITY 265
                     PANCHAYAT

instill a sense of security and confidence amongst the citizens       A
of the society and to check the depredations of criminal
elements.

    Rape victim - Duty of State - Compensation - Held: No
amount of compensation can be adequate nor can it be of               8
any respite for the victim but since such offence take place
due to failure on part of State in protecting a victim's
fundamental right, the State is duty bound to provide
compensation, which may help in the victim's rehabilitation.

     PENAL CODE, 1860:                                                c
     ss.326A, 376, 376A, 3768, 376C, 376D, 376E - Held:
The offences under these provisions are not only in
contravention of domestic laws, but are also a direct breach
of the obligations under the International law - India has ratified   o
various international conventions and treaties, which oblige
the protection of women from any kind of discrimination -
However, women of all classes are still suffering from
discrimination even in this contemporary society - Such
crimes can certainly be prevented if the state police machinery       E
work in a more organized and dedicated manner - Thus, the
State machinery should work in harmony with each other to
safeguard the rights of women in our country - Registration
of FIR is mandatory uls. 154 of the Code, if the information
discloses commission of a cognizable offence and the Police
                                                                      F
officers are duty bound to register the same - Likewise, all
hospitals, public or private, whether run by the Central
Government, the State Government, local bodies or any other
person, are statutorily obligated uls.357C to provide the first-
aid or medical treatment, free of cost, to the victims of any
offence covered ulss.326A, 376, 376A, 3768, 376C, 376D or             G
s.376E - Code of Criminal Procedure, 1973 - s.154 - Crime
against women - International Treaties.

     CODE OF CRIMINAL PROCEDURE, 1973:
                                                                      H
    266     SUPREME COURT REPORTS              [2014] 4 S.C.R.


A      s.357A - Held: In 2009, a new s.357A was introduced in
  the Code which casts a responsibility on the State
  Governments to formulate Schemes for compensation to the
  victims of crime in coordination with the Central Government
  whereas, previously, s.357 ruled the field which was not
B mandatory in nature and only the offender was directed to pay
  compensation to the victim under that section - Under the new
  s.357A, the onus is on the District Legal Service Authority or
  State Legal Service Authority to determine the quantum of
  compensation in each case - However, no rigid formula can
c be evolved as to have a uniform amount, it should vary in
  facts and circumstances of each case - According to s.3578,
  the compensation payable by the State Government u/s.357A
  shall be in addition fo the payment of fine to the victim ul
  s.326A or s.3760 of the /PC.
D      Suo motu action was taken in the instant case by the
  Supreme Court based on the news item relating to gang
  rape of 20 year old woman in a village of West Bengal on
  the orders of the Community Panchayat as a punishment
  for having relationship with a man from a different
E community. On the orders of the Supreme Court, the
  District Judge along with Chief Judicial Magistrate
  inspected the place of occurrence and submitted a
  report. The court then directed the Chief Secretary to
  submit detailed report regarding the steps taken by the
F police against the persons concerned as the report of the
  Magistrate lacked such information. The issues for
  consideration in the suo motu writ petitions were
  concerning the investigation; prevention of recurring of
  such crimes; and victim compensation.
G
       Disposing of the suo motu petition, the Court

        HELD: 1. Violence against women is a recurring
    crime across the globe and India is no exception in this
    regard. The case at hand is the epitome of aggression
H
     IN RE: GANG RAPE ON ORDERS OF COMMUNITY 267
                     PANCHAYAT

against a woman and it is shocking that even with rapid          A
modernization such crime persists in Indian society.
Keeping in view this dreadful increase in crime against
women, the Code of Criminal Procedure has been
specifically amended by recent amendment dated
03.02.2013 in order to advance the safeguards for women          8
in such circumstances. [Para 8) [274-A-C]

     2. The courts and the police officials are required to
be vigilant in upholding these rights of the victims of
crime as the effective implementation of these provisions
lies in their hands. In fact, the recurrence of such crimes      C
has been taken note of by this Court in few instances and
seriously condemned in the ensuing manner. [Para 9]
[277-C-D]

    Lata Singh vs. State of U.P. and Ors. (2006) 5 SCC 475:      D
2006 (3 ) Suppl. SCR 350; Arumugam Servai vs. State of
Tamilnadu (2011) 6 SCC 405: 2011 (5) SCR 488 - relied on.

    Shakti Vahini vs. Union of India and Ors. W.P. (C) No.
231 of 2010 - referred to.
                                                                 E
    3. The State Police Machinery could have prevented
the said occurrence. The State is duty bound to protect
the Fundamental Rights of its citizens; and an inherent
aspect of Article 21 of the Constitution would be the
freedom of choice in marriage. Such offences are                 F
resultant of the States incapacity or inability to protect the
Fundamental Rights of its citizens. [Para 14] [281-B~C]

     4. In a report by the Commission of Inquiry, headed
by a former Judge of the Delhi High Court, it was seen           G
(although in the context of the NCR) that police officers
seldom visit villages; it was suggested that a Police
Officer must visit a village on every alternate days to
"instill a sense of security and confidence amongst the
citizens of the society and to check the depredations of         H
    268      SUPREME COURT REPORTS            [2014] 4 S.C.R.


A criminal elements." [Para 15] [281-D-E]

        5. As a long-term measure to curb such crimes, a
    larger societal change is required via education and
    awareness. Government will have to formulate and
    implement policies in order to uplift the socio-economic
8   condition of women, sensitization of the Police and other
    concerned parties towards ttie need for gender equality
    and it must be done with focus in areas where statistically
    there is higher percentage of crimes against women.
    [Para 16] [281-E-G]
c
          6. Victim Compensation:

         No compensation can be adequate nor can it be of
    any respite for the victim but as the State has failed in
    protecting such serious violation of a victim's
D   fundamental right, the State is duty bound to provide
    compensation, which may help in the victim's
    rehabilitation. The humiliation or the reputation that is
    snuffed out cannot be recompensed but then monetary
    compensation will at least provide some solace. In 2009,
E   a new Section 357 A was introduced in the Code which
    casts a responsibility on the State Governments to
    formulate Schemes for compensation to the victims of
    crime in coordination with the Central Government
    whereas, previously, Section 357 ruled the field which
F   was not mandatory in nature and only the offender can
    be directed to pay compensation to the victim under this
    Section. Under the new Section 357A, the onus is put on
    the District Legal Service Authority or State Legal Service
    Authority to determine the quantum of compensation in
G   each case. However, no rigid formula can be evolved as
    to have a uniform amount, it should vary in facts and
    circumstances of each case. [Para 17 and 18] [281-G-H;
    282-A-D]

          State of Rajasthan vs. Sanyam, Lodha (2011) 13 SCC
H
     IN RE: GANG RAPE ON ORDERS OF COMMUNITY 269
                     PANCHAYAT

262: 2011 (10) SCR 662; Bodhisattwa Gautam vs. Miss            A
Subhra Chakraborty (1996) 1 SCC 490: 1995 (6) Suppl. SCR
731; P. Rathinam vs. State of Gujarat (1994) SCC (Crl) .116;
Railway Board vs. Chandrima Das (2000) 2 SCC 465: 2000
(1) SCR 480; Satya Pal Anand vs. State of M.P. SLP (Crl.)
No. 501912012 State vs. Md. Moinul Haque and Ors. (2001)       B
21 BLO 465 - relied on.
     7. The obligation of the State does not extinguish on
payment of compensation, rehabilitation of victim is also
of paramount importance. The mental trauma that the
victim suffers due to the commission of such heinous           C
crime, rehabilitation becomes a must in each and every
case. [Para 22] [283-0-E]
     8. The report of the Chief Secretary indicated the
steps· taken by the State Government including the             o
compensation awarded. Nevertheless, considering the
facts and circumstances of this case, the victim should
be given a compensation of at least Rs. 5 lakhs for
rehabilitation by the State. Respondent No. 1 (State of
West Bengal through Chief Secretary) is directed to make       E
a payment of Rs. 5 lakhs, in addition to the already
sanctioned amount of Rs. 50,000. Besides, there is some
reservation regarding the benefits being given in the
name of mother of the victim, when the victim herself is
a major (i.e. aged about 20 years). Thus, it would be
                                                               F
appropriate and beneficial to the victim if the
compensation and other benefits are directly given to her.
According to Section 357B, the compensation payable by
the State Government under Section 357A shall be in
addition to the payment of fine to the victim under Section
326A or Section 3760 of the IPC. Also, no details have         G
been given as to the measures taken for security and
safety of the victim and her family. Merely providing
interim measure for their stay may protect them for the
time being but long term rehabilitation is needed as they
are all material witnesses and likely to be socially           H
     270       SUPREME COURT REPORTS               [2014] 4 S.C.R.


 A ostracized. Consequently, the Circle Officer of the area
   is directed to inspect the victim's place on day-to-day
   basis. [Para 23, 24 and 25) [285-B-G]
           9. The crimes, are not only in contravention of
     domestic laws, but are also a direct breach of the
 8   obligations under the International law. India has ratified
     various international conventions and treaties, which
     oblige the protection of women from any kind of
     discrimination. However, women of all classes are still
     suffering from discrimination even in this contemporary
 C   society. It will be wrong to blame only on the attitude of
     the people. Such crimes can certainly be prevented if the
     state police machinery work in a more organized and
     dedicated manner. Thus, the State machinery should
     work in harmony with each other to safeguard the rights
 D   of women in our country. Registration of FIR is
     mandatory under Section 154 of the Code, if the
     information discloses commission of a cognizable
     offence and the Police officers are duty bound to register
     the same. Likewise, all hospitals, public or private,
 E   whether run by the Central Government, the State
     Government, local bodies or any other person, are
     statutorily obligated under Section 357C to provide the
     first-aid or medical treatment, free of cost, to the victims
     nf ariy offence covered under Sections 326A, 376, 376A,
 F   3768, 376C, 3760 or Section 376E of the IPC. [Para 26
     and 27] [285-H; 286-A-E]
           Lalita Kumari vs. Govt. of U.P & Ors. 2013 (13) SCALE
     559 - relied on.

 G                        Case Law Reference:
           2006 (3) Suppl. SCR 350     Relied on         Para 10
           2011 (5) SCR 488            Relied on         Para 11
           1995 (6) Suppl. SCR 731    Relied on          Para 19
.H
     IN RE: GANG RAPE ON ORDERS OF COMMUNITY 271
                     PANCHAYAT
    (1994) sec (Crl) 116           Relied on        Para 20       A
    2000 (1) SCR 480               Relied on        Para 20
    (2001) 21 BLD 465              Relied on        Para 21
    2013 (13) SCALE 559            Relied on        Para 26
                                                                  B
     CRIMINAL ORIGINAL JURISDICTION : Under Article 32
of the Constitution of India.
    Suo Motu Writ Petition (Criminal) No. 24 of 2014.
    By Court's Motion.
                                                                  c
    Sidharth Luthra ASG (AC).
   Anip Sachthey, Kabir S. Bose, Shagun Matta for the
Respondent.
    The Judgment of the Court was delivered by
                                                                  D
      P. SATHASIVAM, CJI. 1. This Court, based on the news
item published in the Business and Financial News dated
23.01.2014 relating to the gang-rape of a 20 year old woman
of Subalpur Village, P.S. Labpur, District Birbhum, State of
West Bengal on the intervening night of 20/21.01.2014 on the      E
orders of community panchayat as punishment for having
relationship with a man from a different community, by order
dated 24.01.2014, took suo motu action and directed the
District Judge, Birbhum District, West Bengal to inspect the
place of occurrence and submit a report to this Court within a
                                                                  F
period of one week from that date.
    2. Pursuant to the direction dated 24.01.2014, the District
Judge, Birbhum District, West Bengal along with the Chief
Judicial Magistrate inspected the place in question and
submitted a Report to this Court. However, this Court, on         G
31.01.2014, after noticing that there was no information in the
Report as to the steps taken by the police against the persons
concerned, directed the Chief Secretary, West Bengal to
submit a detailed report in this regard within a period of two
weeks. On the same day, Mr. Sidharth Luthra, learned              H
    272       SUPREME COURT REPORTS                 [2014] 4 S.C.R.


A Additional Solicitor General was requested to assist the Court
  as amicus in the matter.
       3. Pursuant to the aforesaid direction, the Chief Secretary
  submitted a detailed report dated 10.02.2014 and the copies
  of the same were provided to the parties. On 14.02.2014, this
B Court directed the State to place on record the First Information
  Report (FIR), Case Diaries, Result of the investigation/Police
  Report under Section 173 of the Code of Criminal Procedure,
  1973 (in short 'the Code'), statements recorded under Section
  161 of the Code, Forensic Opinion, Report of vaginal swab/
C other medical tests etc., conducted on the victim on the next
  date of hearing.
        4. After having gathered all the requisite material, on
    13.03.2014, we heard learned amicus as well as Mr. Anip
    Sachthey, learned counsel for the State of West Bengal
0
    extensively and reserved the matter.
    Discussion:
       5. Mr. Sidharth Luthra, learned amicus having perused and
  scrutinized all the materials on record in his submissions had
E highlighted three aspects viz. (i) issues concerning the
  investigation; (ii) prevention of recurring of such crimes; and (iii)
  Victim compensation; and invited this Court to consider the
  same.
F Issues concerning the investigation:
       6. Certain relevant issues pertaining to investigation were
  raised by learned amicus. Primarily, Mr. Luthra stated that
  although the FIR has been scribed by one Anirban Mondal, a
  resident of Labpur, Birbhum District, West Bengal, there is no
G basis as to how Anirban Monda! came to the Police Station
  and there is also no justification for his presence there. Further,
  he stressed on the point that Section 154 of the Code requires
  such FIR to be recorded by a woman police officer or a woman
  officer and, in addition, as per the latest amendment dated
H 03.02.2013, a woman officer should record the statements
   IN RE: GANG RAPE ON ORDERS OF COMMUNITY                    273
           PANCHAYAT [P. SATHASIVAM, CJI.]
under Section 161 of the Code. While highlighting the relevant        A
provisions, he also submitted that there was no occasion for
Deputy Superintendent of Police to re-record the statements
on 26.01.2014, 27.01.2014 and 29.01.2014 and that too in gist
which would lead to possible contradictions being derived
during cross-examinations. He also drew our attention to the          B
statement of the victim under Section 164 of the Code. He
pointed out that mobile details have not been obtained. He also
brought to our notice that if the Salishi (meeting) is relatable to
a village, then the presence of persons of neighbouring villages
i.e., Bikramur and Rajarampur is not explained. Moreover, he          c
submitted that there is variance in the version of the FIR and
the Report of the Judicial Officer as to the holding of the
meeting (Salishi) on the point whether it was held in the night
of 20.01.2014 as per the FIR or the next morning as per the
Judicial Officer's report, which is one of the pertinent issues to    D
be looked into. He also submitted that the offence of extortion
under Section 385 of the Indian Penal Code, 1860 (in short 'the
IPC') and related offences have not been invoked. Similarly,
offence of criminal intimidation under Section 506 IPC and
grievous hurt under Section 325 IPC have not been invoked.
                                                                      E
Furthermore, Sections 354A and 3548 ought to have been
considered by the investigating agency. He further pointed out
the discrepancy in the name of accused Ram Soren mentioned
in the FIR and in the Report of the Judicial Officer which refers
to Bhayek Soren which needs to be explained. He also
submitted that the electronic documents (e-mail) need to be duly      F
certified under Section 65A of the Indian Evidence Act, 1872.
Finally, he pointed out that the aspect as to whether there was
a larger conspiracy must also be seen.
    7. Mr. Anip Sachthey, learned counsel for the State               G
assured this Court that the deficiency, if any, in the
investigation, as suggested by learned amicus, would be
looked into and rectified. The above statement is hereby
recorded.
                                                                      H
    274       SUPREME COURT REPORTS               [2014] 4 S.C.R.


A   Prevention of recurring of such crimes:
          8. Violence against women is a recurring crime across the
    globe and India is no exception in this regard. The case at hand
    is the epitome of aggression against a woman and it is
    shocking that even with r~pid modernization such crime persists
8   in our society. Keeping in view this dreadful increase in crime
    against women, the Code of Criminal Procedure has been
    specifically amended by recent amendment dated 03.02.2013
    in order to advance the safeguards for women in such
    circumstances which are as under:-
c
          "154. Information in cognizable cases.-
          (1)xxx
          Provided that if the information is given by the woman
          against whom an offence under Section· 326A, Section
0
          3268, Section 354, Section 354A, Section 3548, Section
          354C, Section 3540, Section 376, Section 376A, Section
          3768, Section 376C, Section 3760, Section 376E, or
          Section 509 of the Indian Penal Code is alleged to have
          been committed or attempted, then such information shall
E         be recorded, by a woman police officer or any woman
          officer:
          Provided further that:--
          (a) in the event that the person against whom an offence
F         under Section 354, Section 354A, Section 3548, Section
          354C, Section 3540, Section 376, Section 376A, Section
          3768, Section 376C, Section 3760, Section 376E, or
          Section 509 of the Indian Penal Code is alleged to have
          been committed or attempted, is temporarily or
G         permanently mentally or physically disabled, then such
          information shall be recorded by a police officer, at the
          residence of the person seeking to report such offence or
          at a convenient place of such person's choice, in the
          presence of an interpreter or a special educator, as the
H         case may be;
IN RE: GANG RAPE ON ORDERS OF COMMUNITY                  275
        PANCHAYAT [P. SATHASIVAM, CJI.]

 (2) xx x                                                       A
 (3) xx x"
 "161.-Examination of witnesses by police:-
 (1) xx x
                                                                8
 (2) xx x
 (3) xx x
 Provided further that the statement of a woman against
 whom an offence under Section 354, Section 354A,               C
 Section 3548, Section 354C, Section 3540, Section 376,
 Section 376A, Section 3768, Section 376C, Section
 3760, Section 376E, or Section 509 of the Indian Penal
 Code is alleged to have been committed or attempted
 shall be recorded, by a woman police officer or any
 woman officer."                                                0

  "164.-Recording of confessions and statements.-
 SA In cases punishable under Section 354, Section 354A,
 Section 3548, Section 354C, Section 3540, sub-Section
 (1) or sub-Section (2) of Section 376, Section 376A,           E
 Section 3768, Section 376C, Section 3760, Section
 376E, or Section 509 of the Indian Penal Code, the
 Judicial Magistrate shall record the statement of the person
 against whom such offence has been committed in the
 manner prescribed in sub-Section (5), as soon as the           F
 commission of the offence is brought to the notice of the
 police:"
 "164 A. Medical examination of the victim of rape.- (1)
 Where, during the stage when an offence of committing
 rape or attempt to comn:Jit rape is under investigation, it    G
 is proposed to get the person o(Jhe woman with whom
 rape is alleged or attempted to have been committed or
 attempted, examined by a medical expert, such
 examination shall be conducted by a registered medical
                                                                H
    276       SUPREME COURT REPORTS                  [2014] 4 S.C.R.


A       practitioner employed in a hospital run by the Government
        or a local authority and in the absence of such a
        practitioner, by any other registered medical practitioner,
      . with the consent of such woman or of a person competent
        to give such consent on her behalf and such woman shall
B       be sent to such registered medical practitioner within
        twenty-four hours from the time of receiving the information
        relating to the commission of such offence.
          (2) The registered medical practitioner, to whom such
          woman is sent shall, without delay, examine her person and
c         prepare a report of his examination giving the following
          particulars, namely:--
          (i) the name and address of the woman and of the person
          by whom she was brought;

D         (ii) the age of the woman;
          (iii) the description of material taken from the person of the
          woman for DNA profiling;
          (iv) marks of injury, if any, on the person of the woman; (v)
E         general mental condition of the woman; and (vi) other
          material particulars in reasonable detail,
          (3) The report shall state precisely the reasons for each
          conclusion arrived at.
          (4) The report shall specifically record that the consent of
F
          the woman or of the person competent, to give such
          consent on her behalf to such examination had been
          obtained.
          (5) The exact time of commencement and completion of
G         t~e examination shall also be noted in the report.

          (6) The registered medical practitioner shall, without delay
          forward the report to the investigating officer who shall
          forward it to the Magistrate referred to in section 173 as
          part of the documents referred to in clause (a) of sub-
H
   IN RE: GANG RAPE ON ORDERS OF COMMUNITY                     277
           PANCHAYAT [P. SATHASIVAM, CJI.]

    section (5) of that section.                                      A
    (7) Nothing in this section shall be construed as rendering
    lawful any examination without the consent of the woman
    or of any person competent to give such consent on her
    behalf.
                                                                      8
    Explanation--For the purposes of this section,
    "examination" and "registered medical practitioner" shall
    have the same meanings as in section 53."
      9. The courts and the police officialss are required to be
vigilant in upholding these rights of the victims of crime as the     C
effective implementation of these provisions lies in their hands.
In fact, the recurrence of such crimes has been taken note of
by this Court in few instances and seriously condemned in the
ensuing manner.
                                                                      D
     10. In Lata Singh vs. State ofU.P. and Ors., (2006) 5 SCC
475, this Court, in paras 17 and 18, held as under:
    "17. The caste system is a curse on the nation and the
    sooner it is destroyed the better. In fact, it is dividing the
    nation at a time when we have to be united to face the            E
    challenges before the nation unitedly. Hence, inter-caste
    marriages are in fact in the national interest as they will
    result in destroying the caste system. However, disturbing
    news are coming from several parts of the country that
    young men and women who undergo inter-caste marriage,             F
    are threatened with violence, or violence is actually
    committed on them. In our opinion, such acts of violence
    or threats or harassment are wholly illegal and those who
    commit them must be severely punished. This is a free and
    democratic country, and once a person becomes a major             G
    he or she can marry whosoever he/she likes. If the parents
    of the boy or girl do not approve of such inter-caste or inter-
    religious marriage the maximum they can do is that they
    can cut-off social relations with the son or the daughter, but
    they cannot give threats or commit or instigate acts of           H
    278        SUPREME COURT REPORTS                   {2014] 4 S.C.R.


A         violence and cannot harass the person who undergoes
          such inter-caste or inter-religious marriage. We, therefore,
          direct that the administration/police authorities throughout
          the country will see to it that if any boy or girl who is a major
          undergoes inter-caste or inter-religious marriage with a
B         woman or man who is a major, the couple is not harassed
          by anyone nor subjected to threats or acts of violence, and
          anyone who gives such threats or harasses or commits
          acts of violence either himself or at his instigation, is taken
          to task by instituting criminal proceedings by the police
c         against such persons and further stern action is taken
          ~gainst such persons as provided by law.

          18. We sometimes hear of "honour" killings of such
          persons who undergo inter-caste or inter-religious
          marriage of their own free will. There is nothing honourable
D         in such killings, and in fact they are nothing but barbaric
          and shameful acts of murder committed by brutal, feudal-
          minded persons who deserve harsh punishment. Only in
          this way can we stamp out such acts of barbarism."
      11. In Arumugam Servai vs. State of Tamilnadu, (2011)
E 6 sec 405, this Court, in paras 12 and 13, observed as under:-
          "12. We have in recent years heard of "Khap Panchayats"
          (known as "Katta Panchayats" in Tamil Nadu) which often
          decree or encourage honour killings or other atrocities in
F         an institutionalised way on boys and girls of different
          castes and religion, who wish to get married or have been
          married, or interfere with the personal lives of people. We
          are of the opinion that this is wholly illegal and has to be
          ruthlessly stamped out. As already stated in Lata Singh
          case, there is nothing honourable in honour killing or other
G
          atrocities and, in fact, it is nothing but barbaric and
          shameful murder. Other atrocities in respect of personal
          lives of people committed by brutal, feudal-minded persons
          deserve harsh punishment. Only in this way can we stamp
          out such acts of barbarism and feudal mentality. Moreover,
H
  IN RE: GANG RAPE ON ORDERS OF COMMUNITY                    279
          PANCHAYAT [P. SATHASIVAM, CJI.]
    these acts take the law into their own hands, and amount        A
    to kangaroo courts, which are wholly illegal.
    13. Hence, we direct the administrative and police officials
    to take strong measures to prevent such atrocious acts. If
    any such incidents happen, apart from instituting criminal
    proceedings against those responsible for such atrocities,      B
    the State Government is directed to immediately suspend
    the District Magistrate/Collector and SSP/SPs of the
    district as well as other officials concerned and charge-
    sheet them and proceed against them departmentally if
    they do not (1) prevent the incident if it has not already      C
    occurred but they have knowledge of it in advance, or (2)
    if it has occurred, they do not promptly apprehend the
    culprits and others involved and institute criminal
    proceedings against them, as in our opinion they will be
    deemed to be directly or indirectly accountable in this         D
    connection."
     12. Likewise, the Law Commission of India, in its 242nd
Report on Prevention of Interference with the Freedom of
Matrimonial Alliances (in the name of Honour and Tradition) had
suggested that:                                                     E

    "11.1 In order to keep a check on the high-handed and
    unwarranted interference by the caste assemblies or
    panchayats with sagotra, inter-caste or inter-religious
    marriages, which are otherwise lawful, this legislation has     F
    been proposed so as to prevent the acts endangering the
    liberty of the couple married or intending to marry and their
    family members. It is considered necessary that there
    should be a_threshold bar against the congregation or
    assembly for the purpose of disapproving such marriage          G
    I intended marriage and the conduct of the young couple.
    The members gathering for such purpose, i.e., for
    condemning the marriage with a view to take necessary
    consequential action, are to be treated as members of
    unlawful assembly for which a mandatory minimum
                                                                    H
    280       SUPREME COURT REPORTS                [2014] 4 S.C.R.


A         punishment has been prescribed.
          11.2 So also the acts of endangerment of liberty including
          social boycott, harassment, etc. of the couple or their
          family members are treated as offences punishable with
          mandatory minimum sentence. The acts of criminal
B         intimidation by members of unlawful assembly or others
          acting at their instance or otherwise are also made
          punishable with mandatory minimum sentence.
          11.3 A presumption that a person participating in an
c         unlawful assembly shall be presumed to have also intended
          to commit or abet the commission of offences under the
          proposed Bill is provided for in Section 6.
          11.4 Power to prohibit the unlawful assemblies and to take
          preventive measures are conferred on the Sub-Divisional
D         I District Magistrate. Further, a SOM/OM is enjoined to
          receive a request or information from any person seeking
          protection from the assembly of persons or members of
          any family who are likely to or who have been objecting to
          the lawful marriage.
E         11.5 The provisions of this proposed Bill are without
          prejudice to the provisions of Indian Penal Code. Care has
          been taken, as far as possible, to see that there is no
          overlapping with the provisions of the general penal law.
          In other words, the criminal acts other than those
F         specifically falling under the proposed Bill are punishable
          under the general penal law.
          11.6 The offence will be tried by a Court of Session in the
          district and the offences are cognizable, non-bailable and
          non-compoundable.
G
          11.7 Accordingly, the Prohibition of Interference with the
          Freedom of Matrimonial Alliances Bill 20 has been
          prepared in order to effectively check the existing social
          malady."
H
   IN RE: GANG RAPE ON ORDERS OF COMMUNITY                      281
           PANCHAYAT [P. SATHASIVAM, CJI.]

     13. It is further pertinent to mention that the issue relating    A
to the role of Khap Panchayats is pending before this Court in
Shakti Vahini vs. Union of India and Others in W.P. (C) No.
231 of 2010.
      14. Ultimately, the question which ought to consider and
                                                                       8
assess by this Court is whether the State Police Machinery
could have possibly prevented the said occurrence. The
response is certainly a 'yes'. The State is duty bound to protect
the Fundamental Rights of its citizens; and an inherent aspect
of Article 21 of the. Constitution would be the freedom of choice
in marriage. Such offences are resultant of the States                 C
incapacity or inability to protect the Fundamental Rights of its
citizens.
      15. In a report by the Commission of Inquiry, headed by a
former Judge of the Delhi High Court Justice Usha Mehra                0
(Retd.), (at pg. 86), it was seen (although in the context of the
NCR) that police officers seldom visit villages; it was suggested
that a Police Officer must visit a village on every alternate days
to "instill a sense of security and confidence amongst the
citizens of the society and to check the depredations of criminal
                                                                       E
elements."
     16. As a long-term measure to curb such crimes, a larger
societal change is required via education and awareness.
Government will have to formulate and implement policies in
order to uplift the socio-economic condition of women,                 F
sensitization of the 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.
Victim Compensation:                                                   G

     17. No compensation can be adequate nor can it be of
any respite for the victim but as the State has failed in protecting
such serious violation of a victim's fundamental right, the State
is duty bound to provide compensation, which may help in the
                                                                       H
    282       SUPREME COURT REPORTS                [2014] 4 S.C.R.


A   victim's rehabilitation. The humiliation·or the reputation that is
    snuffed out cannot be recompensed but then monetary
    compensation will at least provide some solace.
        18. In 2009, a new Section 357A was introduced in the
  Code which casts a responsibility on the State Governments
B to formulate Schemes for compensation to the victims of crime
  in coordination with the Central Government whereas,
  previously, Section 357 ruled the field which was not mandatory
  in nature and only the offender can be directed to pay
  compensation to the victim under this Section. Under the new
C Section 357A, the onus is put on the District Legal Service
  Authority or State Legal Service Authority to determine the
  quantum of compensation in each case. However, no rigid
  formula can be evolved as to have a uniform amount. it should
  vary in facts and circumstances of each case. In the case of
D State of Rajasthan vs. Sanyam, Lodha, (2011) 13 SCC 262,
  this Court held that the failure to grant uniform ex-gratia relief
  is not arbitrary or unconstitutional. It was held that the quantum
  may depend on facts of each case.
         19. Learned amicus also advocated for awarding interim
E   compensation to the victim by relying upon judicial precedents.
    The concept of the payment of interim compensatton has been
    recognized by this Court in Bodhisattwa Gaut.am vs. Miss
    Subhra Chakraborty, (1996) 1 SCC 490. It referred to Delhi
    Domestic Working Women's Forum vs. Union of India and
F   others to reiterate the centrality of compensation as a remedial
    measure in case of rape victims. It was observed as under:-
          "lf the Court trying an offence of rape has jurisdiction to
          award the compensation at the final stage, there is no
          reason to deny to the Court the right to award interim
G
          compensation which should also be provided in the
          Scheme."
         20. This Court, in P. Rathinam vs. State of Gujarat, (1994)
    sec (Crl) 1163, which pertained to rape of a tribal woman in
H   police custody awarded an interim compensation of Rs.
  IN RE: GANG RAPE ON ORDERS OF COMMUNITY                     283
          PANCHAYAT [P. SATHASIVAM, CJI.]
50,000/- to be paid by the State Government. Likewise, this          A
Court, in Railway Board vs. Chandrima Das, (2000) 2 SCC
465, upheld the High Court's direction to pay Rs. 10 lacs as
compensation to the victim, who was a Bangladeshi National.
Further, this Court in SLP (Crl.) No. 5019/2012 titled as Satya
Pal Anand vs. State of M.P., vide order dated 05.08.2013,            B
enhanced the interim relief granted by the State Government
from Rs. 2 lacs to 10 lacs eacll to two girl victims.
     21. The Supreme Court of Bangladesh in The State vs.
Md. Moinul Haque and Ors. (2001) 21 BLD 465 has
interestingly observed that "victims of rape should be               C
compensated by giving them half of the property of the rapist(s)
as compensation in order to rehabilitate them in the society."
If not adopting this liberal reasoning, we should at least be in a
position to provide substantial compensation to the victims.
                                                                     D
     22. Nevertheless, the obligation of the State does not
extinguish on payment of compensation, rehabilitation of victim
is also or paramount importance. The mental trauma that the
victim &uffers due to the commission of such heinous crime,
rehabilitation becomes a must in each and every case. Mr.
Anip Sachthey, learned counsel for the State submitted a report      E
by Mr. Sanjay Mitra, Chief Secretary, dated 11.03.2014 on the
rehabilitation measures rendered to the victim. The report is as
follows:-
             "GOVERNMENT OF WEST BENGAL                              F
                      HOME DEPARTMENT
            Report on the Rehabilitation Measures
    Reference: Suo Motu Writ Petition No. 24 of 2014
                                                                     G
    Subject: PS Labpur, District Birbhum, West Bengal Case
    No. 14/2014 dated 22.01.2014 under section 3760/341/
    506 IPC.
         In compliance with the order passed by the Hon'ble
    Supreme Court during the hearing of the aforesaid case           H
    284          SUPREME COURT REPORTS                (2014) 4 S.C.R.


A         on 4th March, 2014, the undersigned has reviewed the
          progress of rehabilitation measures taken by the State
          Government agencies. The progress in the matter is
          placed hereunder for kind perusal.
           1.     A Government Order has been issued sanctioning
B                 an amount of Rs.50,000/- to the victim under the
                  Victim Compensation Scheme of the State
                  Government. It is assured that the amount will be
                  drawn and disbursed to the victim within a week.

c          2.     Adequate legal aid has been provided to the victim.
           3.     'Patta' in respect of allotment of a plot of land under
                  'Nijo Griha Nijo Bhumi Scheme' of the State
                  Government has been issued in favour of the
                  mother of the victim.
D
           4.     Construction of residential house out of the fund
                  under the scheme 'Amar Thikana' in favour of the
                  mother of victim has been completed.
           5.     Widow pension for the months of January, February
E                 and March, 2014 has been disbursed to the mother
                  of the victim.
           6.     Installation of a tube well near the residential house
                  of the mother of the victim has been completed.

F          7.       Construction of sanitary latrine under TSC Fund
                  . has been completed.
           8.     The victim has been enrolled under the Social
                  Security Scheme for Construction Worker.
           9.     Antyodaya Anna Yojna Card has been issued in
G
                  favour of the victim and her mother.
           10.    Relief and Government relief articles have been
                  provided to the victim and her family.
                  The State Government has taken all possible
H
   IN RE: GANG RAPE ON ORDERS OF COMMUNITY                   285
           PANCHAYAT [P. SATHASIVAM, CJI.]
            administrative action to provide necessary               A
            assistance to the victim which would help her in
            rehabilitation and reintegration.
                                                  (Sanjay Mitra)
                                                Chief Secretary"
                                                                     B
     23. The report of the Chief Secretary indicates the steps
taken by the State Government including the compensation
awarded. Nevertheless, considering the facts and
circumstances of this case, we are of the view that the victim
should be given a compensation of at least Rs. 5 lakhs for           c
rehabilitation by the State. We, accordingly, direct the
Respondent No. 1 (State of West Bengal through Chief
§>ecretary) to make a payment of Rs. 5 lakhs, in addition to the
already sanctioned amount of Rs. 50,000, within one month
from today. Besides, we also have some reservation regarding
                                                                     0
the benefits being given in the name of mother of the victim,
when the victim herself is a major (i.e. aged about 20 years).
Thus, in our considered view, it would be appropriate and
beneficial to the victim if the compensation and other benefits
are directly given to her and accordingly we order so.
                                                                     E
    24. Further, we also wish to clarify that according to
Section 3578, the compensation payable by the State
Government under Section 357A shall be in addition to the
payment of fine to the victim under Section 326A or Section
3760 of the IPC.                                                     F
     25. Also, no details have been given as to the measures
taken for security and safety of the victim and her family. Merely
providing interim measure for their stay may protect them for
the time being but long term rehabilitation is needed as they
are all material witnesses and likely to be socially ostracized.     G
Consequently, we direct the Circle Officer of the area to inspect
the victim's place on day-to-day basis.
        (


Conclusion:
     26. The crimes, as noted above, are not only in                 H
    286      SUPREME COURT REPORTS                 [2014] 4 S C.R


A contravention of domestic laws. but are also a direct breach of
    the obligations under the International law. India has ratified
    various international conventions and treaties. which oblige the
    protection of women from any kind of discrimination. However,
    women of all classes are still suffering from discrimination even
B in this contemporary society. It will be wrong to blame only on
    the attitude of the people Such crimes can certainly be
    prevented if the state police machinery work in a more
    organized and dedicated manner. Thus, we implore upon the
  - State machinery to work in harmony with each other to
C safeguard the rights of women in our country. As per the law
    enunciated in Lalita Kumari vs. Govt. of U.P & Ors. 2013 (13)
    SCALE 559, registration of FIR is mandatory under Section 154
    of the Code, if the information discloses commission of a
    cognizable offence and the Police officers are duty bound to
    register the same.
0
         27. 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 the first-aid or medical treatment, free of cost,
E to the victims of any offence covered under Sections 326A,
    376, 376A, 3768, 376C, 3760 or Section 376E of the IPC.
         28. We appreciate the able assistance rendered by Mr.
    Sidharth Luthra, learned ASG, who is appointed as amicus
    curiae to represent the cause of the victim in the present case.
F
    .     29. With the above directions, we dispose of the suo motu
    petition.
    D.G.                           Suo Motu Petition disposed of.