Why relief to mother, not to rape survivor: Supreme Court to Bengal

NEW DELHI: The Supreme Court on Thursday questioned West Bengal government making compensation payments to the mother of a tribal girl who was gang-raped on the orders of a village headman for choosing her life partner.

The state informed a bench of Chief Justice P Sathasivam and Justices S A Bobde and N V Ramana that the state had given a compensation package which included Rs 50,000 to the rape survivor's mother, widow pension to the mother, rebuilding of the house damaged by the mob, construction of a toilet and a tube-well.

The bench had several questions for senior advocate Anip Sachtey, appearing for the Mamata Banerjee government: why was the compensation paid to the survivor's mother? Was widow compensation a largesse and given when the mother was not entitled for it?

Sachtey said the compensation money was paid to the mother as the survivor was an illiterate daily labourer. On learning that the girl was an adult of 20 years, the bench asked, "Is the mother literate enough to handle the money?"

The state said it was an interim compensation package and it would leave it to the discretion of the court to determine the compensation amount. Citing earlier Supreme Court judgments, additional solicitor general Sidharth Luthra suggested that a compensation of Rs 10 lakh was appropriate.

Assisting the court as amicus curiae, Luthra pointed out flaws in the investigation and suggested measures to improve it. He also suggested that the court could consider penalizing the 13 accused and ask them to compensate the girl.

"The security and rehabilitation of the rape survivor is of primary importance as after suffering the humiliating sexual assault, she would not be in a position to go back to her village," he said.

The bench said it was also mulling the legality of imposing the financial burden of compensation on the accused. "Should the tax-payer be burdened for someone else's crime," the bench asked before reserving verdict in the suo motu proceedings it had initiated after reading newspaper reports about the gang-rape by villagers in full public view.

Luthra also highlighted another important aspect having a bearing on the political and social structure of the country. He suggested that the old system of village patrolling by police must be resumed.

"Village headmen are virtually running a parallel system of administration with penal powers. Khap panchayats and village headmen cannot be allowed to take up policing system and punish whomsoever they like. Freedom to matrimonial alliance cannot be interfered with by extra-constitutional authorities," Luthra said.