LexMS. X versus THE STATE OF JHARKHAND & ORS.
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A B C D E F G H 156 SUPREME COURT REPORTS [2021] 1 S.C.R. MS. X v. THE STATE OF JHARKHAND & ORS. (Writ Petition (Civil) No. 1352 of 2019) JANUARY 20, 2021 [ASHOK BHUSHAN, R. SUBHASH REDDY AND M. R. SHAH, JJ.] Crime Against Women: Rape victim – Rehabilitation of – Writ petition u/Art. 32 – By the victim – Seeking rehabilitation – Alleging that many people raped her for which criminal proceedings were initiated – She, with her three children has no means of survival and is not able to give education to her children – Her identity has been disclosed by media as a rape victim – The administration, media and society has been alleged to compel her to lead a life with no security, no job and no shelter – Held: The petitioner is a rape victim and hence deserves treatment as rape victim by all the authorities – There is a statutory scheme already enforced in the State concerned framed u/s.357A Cr.P.C. for grant of compensation and the petitioner has already been paid the compensation under the Scheme – The Authorities concerned are directed to take measures to ensure free education to the minor children of the petitioner till they attain the age of 14 years and also to consider her case for allotment of housing accommodation under any of Central or State Schemes – Police is directed to review the police security provided to her from time to time – Legal Services Authority is directed to render legal services to her as may be deemed fit – Jharkhand Victim Compensation Scheme, 2012 – Code of Criminal Procedure, 1973 – s.357A. Penal Code, 1860: s.228-A – Disclosure of identity of rape victim – Is an offence – All including media (print as well as electronic) have to follow the law. [2021] 1 S.C.R. 156 156 A B C D E F G H 157 Disposing of the petition, the Court HELD : 1.1 There can be no denial that the petitioner is a rape victim. Even if other criminal cases filed by the petitioner under Section 376 IPC are not take into consideration, in Case No.162/2002 where allegation of rape was made on 08.06.2002, the accused has been convicted under Section 376(2)(g) IPC for 10 years RI. The petitioner being a rape victim deserves treatment as rape victim by all the authorities. A rape victim suffers not only a mental trauma but also discrimination from the society. [Paras 16 and 17][161-G-H; 162-A-B] 1.2 The petitioner has two sons and one daughter. The eldest son, of the petitioner, as on date is major and two children of the petitioner are still minor. The Deputy Commissioner, Ranchi is directed to take measure to ensure that minor children of the petitioner are provided free education in any of the Government Institutions in District Ranchi where the petitioner is residing, till they attain the age of 14 years. [Parsa 19 and 27 (1)][162-F-G; 165-D-E] Nipun Saxena and Another vs. Union of India and Others (2019) 2 SCC 703 : [2018] 14 SCR 755 – relied on. 2. Section 228-A of the Penal Code which has been inserted by Amendment Act 43 of 1983 with effect from 25.12.1983 makes disclosure of the identity of the victim an offence. The law with regard to Section 228A is well established, all including the media, both print and electronic have to follow the law. [Paras 21 and 23][163-B-C; 164-E-F] 3.1 With regard to the payment of compensation to the petitioner as a rape victim, along with additional documents the petitioner has brought on record materials to indicate that the decision was taken by the District Legal Services Authority, Ranchi to pay compensation of Rs.1,00,000/- by letter dated 06.03.2017. The grant of compensation has been considered under the Jharkhand Victim Compensation Scheme, 2012 as amended in 2016. [Para 24][164-F-G] MS. X v. THE STATE OF JHARKHAND & ORS. A B C D E F G H 158 SUPREME COURT REPORTS [2021] 1 S.C.R. 3.2 There is a statutory scheme already enforced in the State of Jharkhand framed under Section 357A of the Code of Criminal Procedure Code, 1973, which provides procedure for grant of compensation. The petitioner had already made application to seek compensation under the above Scheme and payment of compensation has already been made. [Para 25] [164-H; 165-A] 4. There are various Central as well as State Schemes for providing residential accommodation to persons living below poverty line and other deserving cases. The Deputy Commissioner, Ranchi may consider the case of the petitioner for allotment of any housing accommodation under Prime Minister Awas Yojna or any other Scheme of the Centre or
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