Anna Univ sexual assault case: Societal stigma aids crimes against women, says Madras HC
Bench condemns language employed in the FIR, terming it “a case of victim blaming”; criticises media for revealing identity of survivor
Madras High Court (File)
CHENNAI: Nobody had any right to dictate how a woman should live; it is her life, her body, and her choice, said the Madras High Court, while hearing a batch of petitions in connection with the sexual assault of a student of Anna University.
While the accused in the heinous crime is a roadside biryani vendor, the court said the people and society were responsible for victimising women, which was the root cause of sexual crimes.
“It is never the fault of the woman; it has always been the society, which has dictated her life.
She should rise above these societal stigmas and judgements,” said a vacation bench of Justices SM Subramaniam and V Lakshminarayanan on Saturday.
Noting how the FIR was circulated, which is against the law, and the social media was conducting a trial blaming the survivor for being out with her friend, the bench said the society should feel ashamed for shaming a woman in this manner. “Societal stigma is paving ways for crimes against women, as the perpetrators find shelter in victim-blaming and shaming,” the court said.
It wholeheartedly appreciated the courage of the survivor for coming forward to report the crime. "Unless victims come forward to report, the perpetrators will continue with committing such crimes," the judges noted.
Terming the language used in the FIR as deplorable, the bench said, "The language employed in the FIR is shocking, as it is more a case of victim blaming. It is the duty of the police officials to assist the [survivor] by employing a language which does not infringe her right to dignity.”
During the hearing, Advocate General (AG) PS Raman vehemently criticised the media for revealing the identity of the survivor. "Media also holds social responsibility. If the FIR leaked as claimed, the media should pull up the government for the lapse rather than publishing it,” he said, adding that action would be taken as per cyber rules against the 13 individuals who accessed the FIR from the web portal.
On December 23, the accused, Gnanasekaran videographed the girl and her boyfriend at an isolated place inside the university campus. Using that, he threatened the girl saying he would release the video that would bring her shame. Later, he sexually assaulted her and captured that too on camera to blackmail her into meeting him whenever he called. However, the woman did not succumb to the threat and instead lodged a complaint.
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