Anna university sex abuse: Madras high court orders SIT probe, directs ₹25 lakh compensation for survivor

Meanwhile, the NCW also constituted a fact-finding committee to investigate the sexual assault of the 19-year-old inside Chennai's Anna University campus.

The Madras high court on Saturday directed a Special Investigation Team (SIT) probe into the sexual assault case of a 19-year-old engineering student on Chennai's Anna University campus.

The Madras high court also ordered police to provide protection to the second-year student and her family. (HT Photo)

The bench of justices SM Subramaniam and V Lakshminarayan also ordered the state of Tamil Nadu to pay an interim compensation of ₹25 lakh to the survivor for the "serious lapse" on the part of the police in revealing her details in the first information report (FIR) made available to the public on the police website, Bar and Bench reported.

The court has directed the Tamil Nadu Police to provide protection to the second-year student and her family.

The survivor was sitting with her male friend in an open area inside the campus on Monday, December 23, when she was allegedly sexually assaulted by a man.

The accused, identified as 37-year-old Gnanasekaran, first thrashed the survivor's friend, a fourth-year student, and then dragged her behind a building before assaulting her. Police later arrested and booked the man based on the teen's complaint.

Widespread outrage over the matter among the students and a high-stakes political tussle began in the state after the incident.

Notably, the Madras HC has ordered the formation of an SIT comprising three officers of the Indian Police Service (IPS), highlighting the various lapses in the ongoing probe into the case.

'Deplorable language of FIR'

After reading the FIR filed in the matter, the court also slammed the police for "victim blaming".

The FIR mentioned the complainant as saying that the offender came in front of her in the campus after having recorded her private moments with her boyfriend on his phone and threatened to leak the video, and send it to her father and college authorities.

During the hearing before the HC, the bench told Advocate General PS Raman, "Have you read the FIR? It is an example of victim blaming."

Later, in its order, it added that "the deplorable language of the FIR paves the way for victim blaming. It is shocking."

The Madras HC bench said that it was unfortunate how the leaking of the FIR itself in the first place led to victim-shaming. "It has led to more mental agony for her," Bar and Bench quoted the bench.

The court pressed on the state's and society's duty to protect women, taking serious exception to the way the FIR was written.

"This can't be done by blaming or shaming her. It is misogynistic. The Constitution doesn't differentiate between men and women and the society must feel ashamed to put down women," it added.

The HC bench further asked as to why a woman cannot walk alone freely, or dress the way she wants to, or speak to a man without being judged.

"A woman must rise above societal stigma. It was never her fault, only the society's that judged her," the two-judge bench was quoted as saying.

The court concluded that under Article 21, the FIR itself breached the survivor's right to dignity and bodily autonomy.

Earlier, the court had noted that since the girl is only 19-years-old, it was the police officer's duty to help her registering the FIR and wording it. "It reads like something that we would read in secret in the boys' hostel," the bench remarked.

"You were dressed in a way to invite the assault...this is what the FIR reads like," it further observed.

NCW constitutes a fact-finding committee

Meanwhile, the National Commission for Women (NCW) on Saturday formed a fact-finding committee to investigate the second-year engineering student's sexual assault inside the campus.

While taking suo motu cognizance of the matter earlier, the Commission condemned the incident and said that they stand with the survivor in her fight for justice.

"The NCW has taken suo moto cognizance of the disturbing sexual assault of a 19-year-old student from Anna University, Chennai. The Commission condemns this heinous act in the strongest terms and stands with the victim in her fight for justice," NCW wrote on X.

The Commission further noted that the accused is a "habitual offender", adding that the negligence of the Tamil Nadu police has emboldened him to commit such crimes.

"NCW Chairperson Vijaya Rahatkar has directed the TN DGP to ensure free medical care and protection for the victim. Add Sec 71 of BNS, 2023, to the FIR for stricter punishment. Take action against officers for publicly revealing the victim's identity, violating SC guidelines and Section 72 BNS," the post added.

(with inputs from agencies)