The petitioners in the above O.P.s are human rights activists, twoof them are advocates and others represent Social Action Groups,namely Thindivanam Nagara Matrum Ooraga Kalvi Membattu Kazhagam ( Thindivinam Town and Rural Education Development Society), a Committee for Educational Improvement of the People of Thindivanam Town, and Peoples Watch (Tamil Nadu).Alleging that the complaint lodged by one Leelavathy, in Crime No.679 of 2001 on the file of the Gingee Police Station, thdaughter, an innocent 19 years old girl, namely Ms.Rita Mary, was said tohave been illegally trafficked, subjected to sex tourism andcommercial sexual exploitation, victimised by sex traders and pimps, causingcruelty - physically and mentally, assaulted sexually and exploitedto gruesome gang rape on the night of 29.10.2001, while she was underjudicial custody in Gingee Sub-Jail, was not properly investigated by the Inspector of Police, Gingee Police Station, the petCrl.O.P.No.24090 of 2001, seek:(a)to direct the Secretary to Government, Home Department, toentrust the investigation of Crime No.679 of 2001, on the file of theGingee Police Station to the CBI under the direct supervision of the Joint Director, CBI, Chennai;(b)to direct the Secretary to Government, Home Department, to payjust and fair amount as compensation to Ms.Rita Mary, Lakshmanan, Anandan, Sadiq Basha and Mohan;(c)to direct the Secretary to Government, Home Department and theDirector General of Police, Chennai, to get the complaint registeredby the concerned Police station on the basis of the representationdated 12.11.2001 made by Mr.P.Lakshmanan and entrust it to the CBI forinvestigation and action as per law;and the petitioners in Crl.O.P.No.24248 of 2001, seek:a direction to the Secretary to Government, Home Department, totransfer the investigation of the offence in Crime No.679 of 2001 on thefile of the Gingee Police Station to Central Bureau of Investigationunder the direct supervision of Joint Director, Central Bureau ofInvestigation, Chennai and for payment of fair compensation to thevictims including Lakshmanan, Anandan, Sadiq Basha and Mohan.Considering the facts and circumstances of the case and thenature of the crime said to have been committed on the victim girl, Ms.Rita Mary, this Court, while admitting the above O.Ps.on 23.11.2001,directed Ms.G.Thilakavathi, I.P.S., Inspector General of Police, HeadQuarters, Chennai, to hold an enquiry relating to the investigation in Crime No.679 of 2001 on the file of the Gingee Policecompensation payable to the victim girl.Pursuant to the said directions of this Court dated 23.11.2001, Ms.In her report dated 4.12.2001, Ms.G.Thilakavathi, I.P.S.,Inspector General of Police, had traversed the entire relevant factsrelating to the alleged crime and placed the same before this Court,unearthing certain material evidences and vital details relating to thealleged crime and also had disclosed the names of the Police Officialsand Medical Officers, who are said to have committed lapses indischarging their duties.It was reported that the victim, Ms.Rita Mary, herself wascharged for an alleged offence punishable under Section 8(b) ofPrevention of Immoral Traffic Act in STC No.2255 of 2001, and was sent tojudicial custody on 30.10.2001, without any injury.The learned Judicial Magistrate No.1, Thindivait was not safe to keep the victim, Ms.In the meanwhile, on 5.11.2001, the victim was released on bail.As per the said report dated 4.12.2001, it is evident that theonly humane moment in the whole enquiry was the care and concern shown by the Ms.R.P.Kalpana, learned Judicial Magistrate No.1,Thindivanam, whose understanding, compassionate and tenderly approach towards the victim was laudable.The humane and judicious approach of Ms.After narrating the details of the alleged barbaric crime saidto have been committed on the ill-fated victim girl, Ms.Rita Mary, Ms.G.Thilakavathi, I.P.S., Inspector General of Police, indated 4.12.2001, had reported that going by circumstances andevidences, Ms.The report dated 4.12.2001 suggests for payment of interimcompensation to not only to the victim, but also to M/s. Lakshmanan,Mohan, Sadiq Basha, and Anandan, as a token of appreciation for theirattempts to save the victim from the brothel runners and their henchmen.The report dated 4.12.2001 has also brought to the notice ofthis Court, the excessive media coverage which would definitely hamper the future of the victim girl to a large extent.Treating the said report dated 4.12.2001, as a part and parcelof the proceedings in the above O.P.s, this Court, by an order dated 4.12.2001, transferred the investigation relating to Crime No.679 of 2001 on the file of the Inspector of Police, Gingee Police Station,with regard to the alleged crime said to have been committed on thevictim, Ms.Rita Mary, for the offences punishable under Sections 363, 376 read with Sections 511 and 576(c) of the Indian Penal Code, to the Crime Branch CID II, Chennai, headed by Mr.Sridhar, Supeof Police, Chennai, with a direction to investigate the said crime and to proceed in accordance with law, with the followingofficers, viz., Mr.G.Rajendran, Deputy Superintendent of Police, CBCID,Chengalpet, Mr.G.Harikrishnan, Inspector of Police, CBCID, Villupuram,Mr.Rajan, Inspector of Police, CBCID, Salem and Mr.Subbaiah, Inspector of Police, CBCID, Cuddalore, under the direct supervisThilakavathi, I.P.S., Inspector General of Police, Head Quarters,Chennai, and to report the effective steps taken in that regard and theprogress in the investigation.This court by the said interim order dated 4.12.2001 alsodirected (i) the Chief Secretary, Government of Tamil Nadu, to takeappropriate decision to provide interim relief to the victim; (ii) theSecretary, Home Department and the Director General of Police, to takeappropriate action against the Police Officers concerned; and (iii) the Secretary, Health Department, to provide all necessarassistance to the victim girl, at the expense of the State, and also totake appropriate departmental action against the medical officers whoare said to have committed lapses in their duty, in the light of thereport dated 4.12.2001 of Ms.G.Thilakavathi, I.P.S., Inspector General of Police, as a part and parcproceedings in the above O.P.s, and to issue the above directions, I do not propose to give any opinion on the alleged crimeas it would, otherwise, be an interference with the investigationordered, causing unnecessary aspirations on the prosecution andprejudice the defence in the trial.The investigation relating to the Crime No.679 of 2001 on thefile of Gingee Police Station was, accordingly, transferred to CrimeBranch CID II, Chennai, and the Crime Branch CID II, Chennai, underthe direct supervision of Ms.G.Thilakavathi, I.P.S., Inspector General of Police, Headquarters, Chennai, had taken swift actimatter.In supersession of the orders issued in the G.O. third read above,the Government issue the following orders:The Government have examined the case and have decided to pay Rs.5 ,00,000/- (Rupees five lakhs only) as compensation to the allegedvictim Selvi Rita Mary.They accordingly direct that a sum of Rs.5,00,000/- (Rupees five lakhs only) be paid to Selvi Rita Mary.The above expenditure shall be debitable under the following head of account:(BY ORDER OF THE GOVERNOR) NARESH GUPTA SECRETARY TO GOVERNMENT.The said amount of Rs.5 Lakhs awarded to the victim Ms.RitaMary, by G.O.(2D) No.346, Home (Police.XII) Department, dated 12.12.2001, shall be invested with Tamil Nadu Power Finance Cor from the date ofinvestment, which shall be renewed thereafter, once in three years,periodically, and the monthly interest accrued thereon shall be paid to thevictim Ms.Rita Mary, for her livelihood, from the date of theinvestment.The victim Ms.Looking at the pains and sufferings of the victim, Ms.Rita Mary, as a prototype of the plight of many such trafficked viare forced and subjected to the commercial sexual exploitation, I amconstrained to issue the following guidelines, for due implementationby the Government:But, on 31.10.2001, Ms.R.P.Kalpana, learned Judicial Magistrate No.1, Thindivanam, observed that the victim was injuredleg and could not explain the cause for the same; and that she wasnot in fit mental condition.Hence, the victim was sent for medicaltreatment.On 1.11.2001, the learned Judicial Magistrate No.1, Thindivanam, recorded that the victim was mentally upset and thereforecommended for mental treatment at Kilpauk Medical College Hospital, Chennai.G.Thilakavathi, I.P.S., Inspector General of Police.Except to treat the report dated 4.12.2001 of Ms.The sincere and dedicated service rendered by Ms.The G.O.(2D) No.346 Home (Police.XII) Department, dated 12.12.2001, reads as follows:GOVERNMENT OF TAMIL NADU ABSTRACT VICTIM COMPENSATION Compensation to Selvi Rita Mary, alleged victim of assault in Sub-Jail, Gingee Orders of High Court in Crl.O..No.24090 and 24248/2001, dated 4.12.2001 Implementation of.1.Orders of High Court dated 4.12.2001 in Crl.Claims under no fault liability Principal charges (D.P.C. 2055 00 109 AA 5113).The Director General of Police is requested to draw and disburse the said amount to Selvi Rita Mary under proper acknowleintimate the fact to Government.This order issues with the concurrence of Finance Departmentvide it U.O.No.29/ADS(SM)/2001-1, dated 6.12.2001 and the additionalsanction Ledger No.498 (Four hundred and ninety eight only).The benign decision of the Government to allot an ownershipdwelling unit of Tamil Nadu Housing Board to the star-crossed victim, Ms.Rita Mary, free of cost, is also recorded and the sagiven effect to expeditiously, in any event within a period of ninetydays from the date of receipt of this order; on condition that thevictim, Ms.This Court extensively appreciates the benevolent gesture ofthe Government towards the hapless victim girl, Ms.Rita Mary.Right to life means something more than survival or animalexistence.Right to life includes the right to live with humandignity.(a)to effectively prevent the Media from unmindfully and undulypublishing the photographs and other details relating to the sexuallyassaulted victim, invoking Section 228A of Indian Penal Code, as itwould take a long time to get rid of the social stigma caused on thevictim due to such unwarranted and prohibited media coverage andpublicity;(b)to establish separate sub-jails to house women prisoners, underthe exclusive administration of trained women personnel; and till such formation, to remand women prisoners only in the vigilseparate enclosures; and(c)to entrust an in-depth analysis of psycho-social factors relating to the victimisation of the trafficked individuals to anmeasures, on:i.prevention of trafficking, through education, public awareness and economic alternative;ii.protection for the victims of trafficking; andiii.prosecution of traffickers, as, many a time, traffickedindividuals, are alone treated as criminals, even though they themselves arevictims of fraud and violence, by sexual assaults and exploitation.These O.P.s are, therefore, disposed of with the above directionsand observations.No costs.Consequently, Crl.M.P.Nos.8256 and 8257 of 2001 are closed.21.12.2001Note to Office:Copy of this order may be marked to:1) Ms.R.P.Kalpana, Judicial Magistrate No.1, Thindivanam2) Ms.G.Thilakavathi, I.P.S., Inspector General of Police Headquarters, Chennai.

Relevant sections: Section 511 in The Indian Penal Code