Madras High Court Emphasizes Victim's Rights, Criticizes State's Handling of Sexual Assault Case at Anna University

Chennai, December 27 : The Madras High Court on Friday expressed strong disapproval over the victim-blaming attitude and criticized the state's handling of the recent sexual assault case involving a second-year engineering student at Anna University, Chennai. While hearing a batch of pleas seeking a CBI probe into the incident, the bench, led by Justices SM Subramaniam and V Lakshminarayanan, made significant observations regarding victim rights, the state's failure to secure personal details, and the university's lapse in ensuring campus safety.

The court emphasized that the victim should not be blamed for being with her male friend when the incident occurred, stating, “Just because this incident has happened, no one should blame the girl for sitting with her boyfriend. It is her private right. The university or any person cannot say that girls cannot go out at night, talk to boys, etc. It is their right. People cannot morally police the girl. That is why we stressed that we appreciate the girl for coming forward,” the bench remarked.

The court also strongly criticized the State Government for leaking the FIR, revealing the victim’s personal information, including her name and phone number. The judges expressed empathy for the victim and her family, stating, "The victim and her family would've been in a state of stress due to the leakage of personal information and the constant phone calls they were receiving after the incident. The FIR was leaked from your hands. You should've filed it in such a way that the information was not leaked."

The court questioned the Anna University’s security measures, particularly the failure to ensure the proper functioning of CCTV cameras on campus. Out of the 70 cameras on the campus, 56 were reportedly not working at the time of the assault. The court called on the university to submit a report on the incident and its safety protocols. “What are you (university) doing? You’re the guardian of these students. How are you ensuring their safety?” the court asked.

The court also raised concerns over the statement made by the city police commissioner during a press conference, where he declared that there was only one accused in the case, despite the investigation being ongoing. The judges questioned the legality of such a public statement and whether the Commissioner had obtained prior approval before conducting the press conference. The court directed the Advocate General to investigate what service rules allowed such statements and whether the Investigating Officer might be influenced by the Commissioner’s declaration.

The hearing was part of a batch of pleas seeking various directions, including the transfer of the investigation to the Central Bureau of Investigation (CBI) and the formation of a Special Investigation Team (SIT) led by a sitting judge of the Madras High Court. The petitioners argued that law enforcement agencies had failed to take adequate steps to ensure safety and had allowed the accused, with a history of 15 cases, to remain free. The petitioners also raised concerns about the accused's political connections, with claims that he had held administrative positions within the ruling DMK party, which they suggested might affect the impartiality of the investigation.

The High Court has taken suo motu cognizance of the matter but refrained from proceeding with a public interest litigation (PIL) today, as it awaited formal orders from the Chief Justice. The case has been adjourned to Saturday, December 28, for further hearing.