High CourtsSingle Bench(2015) 08 JH CK 0083

Court On Its Own Motion vs The State of Jharkhand and Others

Jharkhand High Court · Decided on 29 August 2015 · Citation: (2015) 4 KHC 836

HON’BLE JUDGES
Virender Singh, C.J
CASE NUMBER
Writ Petition (PIL) No. 4105 of 2015

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Judgment

12 paragraphs · 539 words

Virender Singh, C.J—This Court, based on news item published in the ''Hindustan Times'' dated 29th August, 2015 relating to sorrow and disheartening aftermath of a poor labourer father and a nine year old girl, who is victim of rape meted out by a cruel person, in Hathipada Village in the jurisdiction of East Singhbhum District takes suo moto cognizance.

2.

As per the news paper, a local driver lured the victim girl with some chocolate before raping and abandoning her by a riverside with a ruptured intestine early in July. Profusely bleeding and unable to stand or walk, the victim girl crawled to her home about a kilometer away and narrated the ordeal to her parents. She was admitted to a local hospital where her condition worsened and she had to be rushed to nearby Jamshedpur for better treatment, but doctors there could not stop the bleeding and referred her to Ranchi hospital. She had to undergo a colectomy in Ranchi to remove her damaged intestine and now uses a colostomy bag. After the successful surgery, doctors managed to check the bleeding and discharged her; but her wounds have to be dressed regularly at home. Further it has been reported that, today, the father walks four km to the nearest health centre each time her dressing has to be changed because the Maoist-hit area has no public transport and he cannot afford even a bicycle.

3.

List before DB 1 as first item on 01.09.2015 (Tuesday).

4.

Deputy Commissioner, East Singhbhum is directed to submit a detailed report to this Court on or before the next date, i.e., the 1st September, 2015 (Tuesday) by 10.30 a.m. positively incorporating all the steps taken by the administration to alleviate the suffering of the rape survivor of the occurrence of rape, regarding which news has been published in the front page of the English Daily Newspaper ''Hindustan Times'' in its Ranchi Edition dated 29th August, 2015 and further steps, if any, contemplated by the District Administration in this respect.

5.

The Member Secretary, Jharkhand State Legal Services Authority (JHALSA) is directed to keep in touch with the Chairman, District Legal Services Authority (DLSA), East Singhbhum to ensure that best medical assistance, care and protection are secured and given to the victim girl.

6.

The State of Jharkhand through its Chief Secretary, without prejudice to any other rights or remedies of victim family in any other proceedings, is also directed to pay interim compensation to the tune of Rs. 1,00,000/- (Rupees One Lakh) to the father of the victim girl immediately and report compliance of such payment to this Court on or before the next date, i.e., the 1st September, 2015 (Tuesday) by 10.30 a.m. positively.

7.

Registry is directed to diarise this as a Public Interest Litigation today itself.

"(1) State of Jharkhand through its Chief Secretary;

(2) Principal Secretary, Department of Home, Government of Jharkhand, Ranchi;

(3) Principal Secretary, Department of Health, Medical Education & Family Welfare, Government of Jharkhand, Ranchi;

(4) Deputy Commissioner, East Singhbhum, Jamshedpur be impleaded as party respondents in this Public Interest Litigation."

8.

Registry is directed to communicate a copy of this order to the respondents and the Member Secretary, Jharkhand State Legal Services Authority (JHALSA).