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Judgment
Two minor children, aged 16 and 15 were subjected to brutal rape and one of them was burnt alive, while the other was a child with hearing and speech impairment. An email complaint was sent by the Child Protection Specialist, UNICEF, Bihar, regarding the aforesaid incidents based on which the Public Interest litigation was initiated.
The Amicus Curiae on 18.04.2023 pointed out that there was gross delay in registering the FIRs, and the families of the victims were not appropriately compensated. The learned Amicus Curiae also pointed out that the F.I.R. of Sahebganj P.S. Case No. 19 of 2021 in Muzaffarpur district produced as Annexure-C to the counter affidavit filed on behalf of Respondent No. 4 has been uploaded in the public domain in contravention of the Hon’ble Supreme Court’s direction and there is no inclusion of Section 376 of the Indian Penal Code in the said FIR.
We were informed by the learned Advocate General that the girl suffering from hearing and speech impairment was given the best medical facility available in Patna, and was granted a compensation of Rs. 4,00,000/- (Four Lakhs) . We directed that the action taken against the police who dragged their feet in registering the F.I.R. be placed on record and the measures taken by the Government to mitigate the grievance of the family of the girl, who was murdered by the perpetrators of the crime. We directed the State through the Principal Secretary, Social Welfare Department, Government of Bihar, to file an affidavit explaining the mitigating measures taken to look after the victim and the family of the deceased child. We also directed the Director General of Police, Bihar to file a suitable affidavit explaining the action taken against the officers who dragged their feet in registering the FIR.
A counter affidavit dated 28.04.2023 has been filed on behalf of the Principal Secretary, Department of Social Welfare, Government of Bihar, Patna. Insofar as the victim belonging to Madhubani, free medical facility was made available to her and she was treated at IGIMS Patna. A compensation amount of Rs.10,000 was given by the State and a lump sum of Rs. 4,00,000 lakhs by the District Legal Services Authority (for brevity “DLSA”). The further support offered to the victim is stated in paragraph 5 which is extracted here in below:
(i) Rs. 400/ per month as disability pension.
(ii) Free Ration to the father and brother of the victim through Ration Card under PDS.
(iii) Name included under Priority List under PMAY-G to the father and mother.
(iv) Job Card to father under MGNREGA
(v) Mother connected with Sri Krishna Jeevika Self Help Group and provided Rs. 20000 through the Group.
(vi) Labour Card under an Artisan Welfare Board, connected with different schemes of Labour Department.
The Directorate of Social Welfare has issued directions to the Assistant Director, District Child Protection Unit, Madhubani with guidelines to provide all possible support to the victim and her family. The Child Welfare Committee (CWC), Madhubani also deputed a support person from an NGO under the provisions of the Protection of Children from Sexual Offences (for brevity “POCSO”) Rules, 2020 for rendering required legal support to the victim girl and her family. It is also stated that the Assistant Director had made a written communication to the learned Additional District Judge-VI, Civil Court Madhubani for release of adequate compensation to the victim.
As regards the incident at Muzaffarpur, the Assistant Director, District Child Protection Unit, Muzaffarpur had submitted a report to the Director of the Social Welfare Department informing him of the lodging of an F.I.R. vide Sahebganj, (Muzaffarpur) P.S. Case, under Section 302/201/34/376 of the I.P.C. and under Section 4/8 of the POCSO Act, 2012. In the case of the deceased girl at Muzaffarpur, the matter of compensation is pending before the Secretary, DLSA, Muzaffarpur is the submission.
A supplementary counter affidavit has been filed on behalf of the Director General of Police, Bihar by the Superintendent of Police (W.S.) C.I.D., Bihar, Patna. Insofar as the Sahebganj P.S. Case No. 19 of 2021, the then Senior Superintendent of Police, Muzaffarpur supervised the case in the presence of Station House Officer & Investigating Officer (for brevity “S.H.O. & I.O.”) of Sahebganj Police Station, Muzaffarpur on the spot on the very next day of registration of the case. Disciplinary proceedings were initiated against the Mahal Chaukidar and also the S.H.O. & I.O. for negligence in discharge of duty. It is also stated that the SDPO Saraiya, Muzaffarpur had highlighted the fact that the S.H.O. & I.O. had failed to mention the proper provisions regarding the offence committed. Later the the S.H.O. & I.O. has filed a petition before the competent Court in Muzaffarpur to add section 376 (d), I.P.C. and Sections 4/6/8 of the POCSO Act. The progress regarding the Sahebganj P.S. Case No. 19 of 2021 and the arrest of the accused as also the additions made of those not included in the F.I.R. has been detailed in the counter affidavit. The application made by the Investigating Officer to the DLSA in Muzaffarpur for compensations has also been highlighted.
Insofar as the incident at Madhubani, Harlakhi P.S. Case No. 17 of 2021 was registered and the investigation was supervised by the SDPO, Benipatti. Insofar as the said case, on receiving information about a deaf and dumb girl having been raped and her eye injured in village Kauaha Barhi, the S.H.O of Harlakhi Police Station had immediately reached the village with an armed force and the victim was immediately taken to the hospital for treatment. The victim was shifted to the Primary Health Centre and later to the Sadar Hospital, Madhubani and then to DMCH, Darbhanga for better treatment. As has been noticed above, the victim was then taken to the IGIMS, Patna where she was given free treatment. The proceedings with respect to the case also has been detailed in the counter affidavit. A further supplementary counter affidavit has been filed by on behalf of the Director General of Police, Bihar by the Superintendent of Police (W.S.) C.I.D., Bihar, wherein it is stated that the Mahal Choukidar against whom proceedings were taken passed away on 01.02.2021. The S.H.O. & I.O. of the Muzaffarpur case, against whom disciplinary proceedings were initiated was found guilty of the charges levelled and the Senior Superintendent of Police has imposed the penalty of withholding of two increments vide an order dated 09.07.2023. It is also stated that the victim in the Madhubani district has been paid a total amount of Rs.7,00,000 by the District Legal Services Authority as compensation.
By Order dated 23.06.2023, we directed the Member Secretary, Bihar State Legal Services Authority to place on record a report as to the compensation paid to the gang raped victim/family of the deceased victim. We have received the report of the Member Secretary, State Legal Services Authority, enclosing the reports of the District Legal Services Authorities. The DLSA, Madhubani with respect to Harlakhi Police Station case number 17 of 2021 (Madhubani) confirms the payment of Rs.7,00,000/- to the victim; Rs. 4,00,000/- (Four Lakhs) as interim compensation on 08.02.2021 and Rs.3,00,000/- (Three Lakhs) on 05.07.2022. In so far as the family of the victim of Sahebganj P.S. Case No. 19 of 2021(Muzaffarpur), the DLSA, Muzaffarpur has reported that no application for grant of compensation under the Bihar Victim Compensation Scheme is available on record and there was also no order passed by the competent Court. It is also stated that the material witnesses in the sessions Case had turned hostile.
In this context, we looked at the Victim Compensation Scheme as brought out by the State of Bihar and the POCSO Rules, 2012. Section 7 of the Rules has the nominal heading ‘Compensation’ which empowers the special Court in appropriate cases by sub-section (1), suo moto or on application filed by or on behalf of the child, to pass an order for interim compensation to meet the immediate needs of the child for relief/ rehabilitation at any stage after registration of the F.I.R. It is also provided that the interim compensation shall be adjusted against the final compensation paid. On completion of proceedings, whether the accused be convicted, acquitted or discharged or even when the accused remain untraced and unidentified, the Special Court can recommend award of compensation. If the Special Court is of the opinion that the child has suffered loss and injury as a result of the offence, the factors to be taken into account by the Special Court is also detailed under sub-section (3) of section 7.
It is pertinent that the very same principles are applicable insofar as the award of an interim compensation by the State/ District Legal Services Authority as has been provided under the Bihar Victim Compensation (Amendment) Scheme 2019; as per provision No. 8. Provision No. 9 speaks of procedure for grant of compensation, which at the interim stage can be granted by the State/ District Legal Services Authority if a recommendation is made by the court for compensation under section 357A of the Cr.P.C. or on an application made by any victim or her dependents under section 357A. The prima facie satisfaction insofar as the award of such interim compensation is only with respect to the needs and identity of the victim; which interim compensation, when paid can also be adjusted from the final compensation. In fact, provision 9(1) of the scheme enables the Secretary, SLSA or DLSA to suo moto after preliminary verification of the facts, proceed to grant interim relief in deserving cases at any time after commission of offence.
In this context, we notice the report of the DLSA, Muzaffarpur that there is no application for grant of compensation under the Bihar Victim Compensation Scheme available on record. However, the police and the Social Welfare Department would assert that there are applications filed on behalf of the family of the victim. In any event, as we notice, the interim compensation, does not depend on an application alone and the DLSA has the authority, coupled with the duty, to satisfy itself regarding the needs and identity of the victim and provide compensation to the extent permissible under the scheme. In such circumstances, we direct the DLSA to immediately take up the issue of compensation to the family of the victim in Sahebganj P.S. Case No. 19 of 2021 (Muzaffarpur) and grant interim compensation within a period of two months from today. We direct the District Social Welfare Officer and the S.H.O. of the Sahebganj Police Station to provide necessary assistance to the DLSA, Muzaffarpur to identify the family of the victim, ascertain their circumstances and their needs and thus, seamlessly facilitate the award of compensation. We also remind the Special Court handling the trial to take appropriate measures under Section 7 of the Rules, on conclusion of the trial.
We are of the opinion that the Public Interest Litigation has served its purpose and there should be a quietus to the issue raised herein. The compensation granted cannot assuage the wounds of the victim and the deceased victim’s family. With heavy hearts, we close the writ petition, but direct the DLSA to file a status report after one month from the receipt of the certified copy of this judgment, which the Registry shall communicate to the DLSA, Muzaffarpur through the Member Secretary, Bihar State Legal Services Authority and also to the S.H.O., Sahebganj and the District Welfare Officer, Muzaffarpur.
The Judges papers shall be posted after one month only to ascertain the status of the grant of compensation.
Post on 16.10.2023.