Supreme Court Orders Interim Compensation in Rape and Abandonment Case Involving Lecturer and Student

Landmark Judgment Recognizes Right to Interim Maintenance for Victim Amidst Criminal Trial; Highlights Rape as a Violation of Fundamental Rights and Human Dignity

In a significant judgment delivered on December 15, 1995, the Supreme Court of India, in the case of Bodhisattwa Gautam v. Miss Subhra Chakraborty, has underscored the gravity of rape as an offence against human rights and fundamental rights guaranteed under the Constitution. The Court directed the accused, Bodhisattwa Gautam, a former college lecturer, to pay interim compensation of Rs. 1,000 per month to the complainant, Miss Subhra Chakraborty, during the pendency of the criminal proceedings, along with arrears from the date of filing the complaint.

The case arose from a complaint filed by Subhra Chakraborty, a student of Baptist College, Kohima, where Bodhisattwa Gautam was a lecturer. The complainant alleged that the accused developed a relationship with her under false assurances of marriage and subsequently compelled her to undergo two abortions while deserting her after several years of cohabitation. The complaint included charges under multiple sections of the Indian Penal Code, including criminal abortion, cheating, and cruelty.

After the Gauhati High Court dismissed Gautam’s petition to quash the complaint, the matter reached the Supreme Court. The apex court not only upheld the High Court’s decision but suo motu took notice of the victim’s plight and issued a notice to Gautam on why he should not be directed to pay interim maintenance.

The Supreme Court’s judgment extensively discussed the constitutional rights of women, emphasizing that rape is not only a crime against an individual woman but a crime against society and a violation of her fundamental right to life with dignity under Article 21. The Court highlighted the need for speedy trials and sensitive treatment of victims to eliminate the fear and stigma associated with reporting sexual offences.

Referencing past rulings such as Delhi Domestic Working Women’s Forum v. Union of India, the Court stressed the importance of legal representation for victims, anonymity during trials, and the establishment of a Criminal Injuries Compensation Board to support victims financially, even in cases where conviction may not be secured.

The Court ruled that since courts have jurisdiction to award compensation upon conviction, they equally possess the authority to order interim compensation during trial to mitigate the hardship faced by victims. Thus, Bodhisattwa Gautam was ordered to pay interim compensation and arrears as a measure of justice and to uphold the victim’s dignity during the legal process.

This judgment marks a pivotal step towards recognizing and enforcing the rights of rape victims, ensuring that their welfare is not sidelined during prolonged criminal proceedings. It also sets a precedent for courts to take proactive measures in providing interim relief to victims of sexual offences.

Statutory provisions: Indian Penal Code Sections 312, 376, 420, 493, 496, 498A; Evidence Act Section 114A; Constitution of India Articles 21, 32, 38(1)

This news report encapsulates the Supreme Court’s judgment, highlighting its importance in the context of women's rights and criminal justice in India. It explains the facts, the legal reasoning, and the broader implications of the Court’s decision for interim relief in rape cases.

Bodhisattwa Gautam v. Miss Subhra Chakraborty, (SC) : Law Finder Doc Id # 41054