The petitioner, who was arrested on 01.08.2009 for the alleged offences under Section 376 IPC, Section 4 of Women Harassment Act, 1988 and Section 23 of Juvenile Justice (Care and Protection of Children) Act, 2000, in Crime No.457 of 2009 on the file of the respondent police, seeks bail.
2. The victim girl, aged about 15 years, was alleged to have subjected to continuous sexual assault for more than three years by none else than her own father. The victim as well as her mother were alleged to be the silent sufferers due to threat, fear and shame, and at last the Child Welfare Committee, Chennai, came to the rescue of the pathetic victim of inhuman and barbaric sexual assault by her own protector. Now a case came to be registered against the petitioner/accused by the respondent police for the alleged offences under
Section 376 IPC, Section 4 of Women Harassment Act, 1988 and
Section 23 of Juvenile Justice (Care and Protection of Children) Act, 2000.
3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence. It is contended that the complaint was preferred by his wife with false allegations. The learned counsel would further submit that the petitioner has been arrested on 01.08.2009 and investigation is almost over and as such, no prejudice would be caused to the prosecution in the event of the released of the petitioner on bail.
4. The learned Government Advocate (Crl. Side) submitted that the petitioner has been implicated in this case for the alleged commission of heinous crime of rape on his own daughter. It is submitted that the complaint was preferred by none else than the wife of the petitioner with the help and assistance of the Child Welfare Committee, Chennai. The learned Government Advocate (Crl. Side) further submitted that the petitioner is alleged to have indulged in continuous commission of the offence of sexual assault on the victim ; the release of the petitioner would definitely hamper the further investigation and the petitioner is also likely to tamper the evidence by threatening the victim and the complainant/his wife.
5. I have carefully considered the rival contentions put forward by either side and also perused the materials available on record.
6. The petitioner, who is none else than the father of the victim girl, has been accused of shocking and heinous crime of raping his own daughter. The sanctity of father and daughter relationship got stained due to the lustful acts of the petitioner causing indelible scar, not only physically but also emotionally, on the victim. The custodian of the trust has betrayed the trust reposed on him.
'That our heads bow in shame when it is learnt that a girl (child) has been raped (sexually abused) by a close relative of her own. She becomes the victim of her own trust on the relative (savior).' The above lines are extracted from the statement of objects and reasons to the Indian Penal Code (Amendment) Bill, 1992 and the said bill was mooted in response to the unprecedented rise in rape incidents on girl children despite the law.
7. The pervert and degrading act of the petitioner has resulted in unbearable mental torture and agony, not only to the victim but also to the victim's mother and the other close relatives. It is seen that the victim/daughter and wife of the petitioner are undergoing mental and physical torture continuously for a period of three years as the petitioner alleged to have been indulging in the inhuman and barbaric act of molesting his own daughter, the victim in this case, and ultimately the Child Welfare Committee, Chennai, had come to the rescue of the victim by assisting the mother of the victim/wife of the petitioner, to prefer the complaint against the petitioner. It is further brought to the notice of this Court that even the Child Welfare Committee, Chennai, sent a separate complaint to the respondent police.
8. This Court is of the considered view that the heinous crime alleged to have been committed by the petitioner is to be dealt with an iron hand. This Court is also of the considered view that the victim as well as her mother, who has given the complaint, need protection by the police. The release of the petitioner would definitely hamper the investigation and the petitioner may likely to cause serious threat and fear to the victim and her mother resulting in tampering the evidence. Considering the seriousness and gravity of the offence alleged against the petitioner, this Court is of the considered view that it is not desirable to release the petitioner on bail and accordingly, this petition is hereby dismissed. This Court is constrained to direct the respondent police to expedite the investigation and to file the final report as expeditiously as possible.
9. Before parting with this matter, this Court is constrained to state that the child sexual abuse is alarmingly increasing day by day. One cannot be sure that all such cases are reported to the police. Children are the weakest and most vulnerable section of human population since they are unable to raise their voice against those who injure them.
10. The following are the major findings on sexual abuse in India by the Study, Child Abuse, India, 2007 :
(i).53.22% children reported having faced one or more forms of sexual abuse ;
(ii).21.90 % child respondents facing severe forms of sexual abuse and 50.76% other forms of sexual abuse ;
(iii).50% abuses are persons known to the child or in a position of trust and responsibility ;
(iv).Children on street, children at work and children in institutional care reported the highest incidence of sexual assault ;
(v).Most of the children did not report the matter to anyone ;
11. A report by the Ministry of Women and Child Development in India (supported by Save the Children and UNICEF) shows its major findings in respect of child abuse as hereunder :
(i).Boys, as compared to girls, are equally at risk of abuse ;
(ii).Persons in trust and authority are major abusers ;
(iii).5-12 year old children are in the high risk category : across the forms of abuse ;
(iv).70% of the children have not reported abuse to anyone ;
(v).2 out of every 3 children have been physically abused ;
(vi).More than half of the child respondents reported facing one or more forms of sexual abuse ;
12. This Court place it on record its appreciation to the Child Welfare Committee, Chennai, constituted under Section 29(i) of Chapter III of the Juvenile Justice (Care and Protection of Children) Act, 2000, for rendering commendable services to fight against child abuse and to protect children from child abuse of various forms. Even in the instant case, but for the efforts and assistance rendered by the Child Welfare Committee, Chennai, the heinous crime would not have come to light resulting in initiation of criminal action against the petitioner. The Child Welfare Committee is vested with the powers of Metropolitan Magistrate or Judicial Magistrate of First Class and the Committee is functioning in the following places :
1.Chennai
2.Chengalpattu
3.Ranipet
4.Villupuram
5.Dharmapuri
6.Erode
7.Salem
8.Coimbatore
9.Virudhunagar
10.Dindigul
11.Karaikudi
12.Thoothukudi
13.Tanjore
14.Thiruchirappalli
15.Madurai
16.Tirunelveli
17.Mayiladuthurai
18.Thiravallur
13. This Court is also constrained to highlight the services rendered by Childline India Foundation (C.I.F.) founded in June 1996. CHILDLINE is a national, 24-hour, free emergency telephone helpline and out-reach service to help a child in distress between the age group of 0-18 years and provides interventions related to rescue, shelter, medical aid, repatriation, sponsorships and emotional support and guidance. The CHILDLINE number 1098 is a toll free number that is common in all cities of India. At present, BSNL, Chennai Telephones, Vodaphone, Airtel, Aircel, Reliance Communication and TATA Indicom have provided free connectivity to '1098'. CHILDLINE is currently operational in 84 cities, which includes 10 cities in Tamil Nadu functioning at Chennai, Madurai, Tiruchirapalli, Coimbatore, Salem, Tirunelveli, Kanniyakumari, Cuddalore, Nagapattinam and Kancheepuram (Mahabalipuram), managed by the Non-Governmental Organisation with the financial support from the Government of India, The Commissioner of Social Defence is the Chairperson of Childline Advisory Board of Chennai Childline.
14. In view of the above said facts and circumstances, this Court is constrained to give the following suggestions to the Government, viz.,
1)Immediate steps may be taken to prevent child abuse and to rehabilitate the victims ;
2)The police officials may be directed to take immediate action on the complaints of child abuse particularly sexual abuse ;
3)The police officials may be directed to take the help of Child Welfare Committees even in respect of interrogation of the child, who has suffered sexual assault through 'in-camera' proceedings as the child would be in tension and emotion to reveal the sexual assault committed on her and women police may be entrusted the job of interrogating the child abuse victims ;
4)The victims of child abuse may be examined by using the services of Gynecologists and female Doctors and subjecting the victims for repeated medical examinations should be avoided ;
5)The victims of child abuse and the complainants should be given adequate police protection during the course of investigation and trial ;
6)A separate legal cell may be created for handling child sexual abuse cases in co-ordination with the Child Welfare Committees for the purpose of proper handling of the child sexual abuse cases and conducting trial ;
7)Steps may be taken to create awareness among the public to seek the assistance and services of the Child Welfare Committees and CHILDLINE;
8)The trial Courts shall conduct child abuse cases as expeditiously as possible, if possible, through 'in-camera' proceedings and trial shall be conducted on a day-to-day basis in respect of examination of victims and material witnesses ;
15. As the Children have been declared as national assets, it is the legal as well as moral obligation to look after their interest, take care of their health and welfare and to protect them from every kind of abuse and also to protect them against all sorts of exploitation, social, moral, religious or otherwise.
16. It is high time for the Government to take immediate steps as stated above by this Court.
ap/gg TO
1. The Chief Secretary to Government, Government of Tamil Nadu, Fort St. George, Chennai 600 009.
2. The Commissioner of Social Defence, Chepauk, Chennai 600 005