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Rajasthan High Court
Honble N.N.MATHUR & MANAK MOHTA, JJ.
Suo Moto - Appellant
Versus
State of Rajasthan - Respondents
D.B. Civil Writ Petition No.2856 of 2005
Decided On : June 01, 2005
Incident of rape on a foreign lady tourist In the intervening night of 11th and 12.05.2005 reported In the regional Newspapers evoked the judicial conscience to take suo moto cognizance, considering that the Constitutional Courts vested with the powers under Article 226 of the Constitution of India, can no more be a silent spectator in the matter of violent crime against women and wait for its turn for dispensation of justice as provided under the relevant provisions of law. (Para 1)
The fundamental rights enumerated in the Constitution are available to all people who are residing within the territory of India of course some fundamental rights are exclusively reserved for the citizens of India only. Article 21 of the Constitution of India ensures right to life and personal liberty to all. The meaning of the word `life In Article 21 cannot be narrowed down. According to the tenor of the language used In Article 21, it is available not only to every citizen of the country but also non- citizens. On this principle, any person coming within the country as a tourist or in any other capacity will be entitled to the protection of their fives in accordance with the constitutional provisions. They are also entitled to right to life in this country. Thus, they are having the right to live, so long as they are here, with human dignity. Just as the State is under an obligation to protect the life of every citizen In this country, so also the State is under an obligation to protect the life of the persons who are not citizens but are in the country either residing as a tourist. The fundamental rights under our Constitution are almost in consonance with the rights contained in the Universal Declaration of Human Rights as also the Declaration of Civil and Political Rights and the Covenants of Economic Social and Cultural Rights, to which India is a party, having ratified them. That being so, since life is also recognized as a basic human right in the Universal Declaration of Human Rights, 1948, It has to have the same meaning and Interpretation as has been placed on that word by the Apex Court in its various decisions relating to Article 21 of the Constitution. (Para 37)
The German tourist Is not a citizen of India, but she being a tourist, entitled to all the constitutional rights available to a citizen so far as right to life is concerned. She is entitled to be treated with dignity and is also entitled to the protection of her person as guaranteed under Article 21 of the Constitution. As a national of another country, she cannot be subjected to a treatment which is below dignity, nor could she be subjected to physical violence at the hands of anybody. In this case, it is not merely a matter of violation of an ordinary right of a person, but the violation of fundamental rights Is involved. (Para 42)
Certainly. Based on the provided legal document, the key points are as follows:
The High Court exercised suo moto jurisdiction under Article 226 of the Constitution of India, emphasizing that it can take cognizance of matters involving violations of fundamental rights without a person personally approaching the court (!) .
The incident involving a foreign woman tourist who was raped prompted the court to take immediate suo moto action to ensure justice, reflecting the Court’s responsibility to address crimes against women and uphold human rights (!) (!) .
Fundamental rights, including the right to life and personal liberty under Article 21 of the Constitution, extend to all persons within Indian territory, including non-citizens such as tourists, and these rights must be protected regardless of citizenship status (!) (!) (!) .
The protection of victims of sexual offences, especially in cases involving foreign nationals, includes ensuring their dignity, safety, and access to justice. The law prohibits disclosure of the victim’s identity to prevent social victimization, with specific provisions making such disclosures punishable (!) (!) (!) .
The legal framework for sexual offences has been amended to impose stricter punishments, including minimum imprisonment terms, and emphasizes the importance of conducting in-camera trials to protect the dignity of victims (!) (!) .
The Court recognizes the importance of expeditious investigation and trial in sexual violence cases. Special courts, such as Fast Track Courts, have been established to reduce delays, with a focus on completing investigations within a week and trials within four months (!) (!) (!) .
Victim protection measures include providing medical, psychological, and social support, ensuring protection during court proceedings, and creating a conducive environment for victims to testify without harassment or trauma (!) (!) (!) .
Compensation to victims is a recognized constitutional and judicial principle, aimed at providing reparations for violations of fundamental rights. The Court awarded monetary compensation in this case, emphasizing that the right to life includes living with dignity and that victims of violence should receive appropriate redress (!) (!) (!) (!) .
The Court underscores the importance of coordination among various agencies—police, prosecution, judiciary, and support services—to ensure swift and effective justice delivery, especially in sensitive cases involving sexual violence (!) (!) (!) .
The order directs the State to establish specialized cells and schemes for victim support, ensure prompt investigation, and conduct training and awareness programs for judicial and law enforcement personnel to sensitize them to issues of sexual offences and victim rights (!) (!) .
The Court appreciates the efforts of law enforcement and judicial officers in conducting prompt and scientific investigations, and emphasizes that such efforts should be recognized and documented in their service records (!) (!) .
The Court’s intervention aims to uphold human dignity, ensure swift justice, and reinforce the constitutional obligation of the State to protect the rights of all persons within its jurisdiction, including foreign nationals, in cases of violence and rights violations (!) (!) .
The Court also highlights the importance of international human rights principles and treaties, which support the extension of fundamental rights beyond citizens, reinforcing that the protection of life and dignity is a universal obligation (!) (!) (!) .
The order emphasizes that the legal protections and procedural safeguards are designed to prevent harassment, humiliation, or trauma to victims, particularly women and vulnerable groups, during investigation and trial processes (!) (!) (!) .
Finally, the Court mandates specific actions, including monetary compensation, establishment of coordination cells, training programs, and procedural safeguards, to improve the justice system’s response to sexual offences and protect victims’ rights effectively (!) (!) (!) .
Please let me know if you need further elaboration or assistance with specific legal questions.
(2). In order to combat the increasing crime against women and to ensure protection and preservation of their human rights, - the Criminal Justice System needs to be addressed from the point of view of systematic Victim Support Service. There is need to promote proactive role of police as well as the trial Courts. Thus, In order to expedite the investigation, to provide protection to the victim, ensuring production of material witnesses during trial without delay, expeditious conclusion of the trial and payment of compensation to the victim, after noticing the incident , by order dated 13.5.2005, we ordered as follows:
``2. The rape is serious crime whether it is of a foreign tourist or any other woman. However, it leaves a question mark on the safety of the foreign tourist in the City of Jodhpur. It is likely to create panic -amongst the tourists visiting Jodhpur and the other parts-of the country.
3. In the peculiar facts and circumstances of the case, we consider it appropriate to take cognizance of the Incident and direct as follows:-
(i) The Registry is directed to register a Suo Moto petition under the label of ``Public Interest Litigation.
(ii) The State of Rajasthan through Secretary Department of Home, the Director, Tourism and Superintendent of Police (City) Jodhpur be lmpleaded as party respondents.
(iii) A notice be issued to the said respondents returnable within a period of one week.
4. By ad interim order, further directions are given as follows:
(a) The Superintendent of Police, City Jodhpur is directed to ensure that the Investigation of the case is concluded at the earliest.
(b) All the agencies concerned with the investigation,including Director F.S.L. are directed to co- operate with the investigation. F.S.L. Report must reach on or before 16.5.2005.
(c) In event of filing of charge-sheet, the learned Sessions Judge Is directed to ensure that the trial of the case is concluded expeditiously as far as possible within a period of one month from the date of filing of charge-sheet.
(d) The Superintendent of Police, City Jodhpur is directed to ensure the safety of the victim.
(e) The State of Rajasthan is directed to bear all the expenses of the victim for her overstay on account of the, incident. She will be paid lodging and boarding expenses for visiting Jodhpur for Investigation or trial in connection with aforesaid Incident.
(f) The question with respect to the payment of compensation shall be decided after hearing counsel for the State on the next date of hearing-
(g) The Principal Secretary, Department of Home, State of Rajasthan Is directed to ensure the compliance of the order.
(h) A copy of the order be sent to the Principal Secretary, Department of Home, State of -Rajasthan today itself by fax.
(i) A copy of the order be also served on the victim."
SPEEDY & FAIR-INVESTIGATION AND TRIAL :
(3). Conducting a fair trial for those, who are accused of criminal offence, Is the cardinal stone of democracy. Conducting the speedy and fair trial is beneficial both to the accused as well as to the Society, which Includes the victim. The right to speedy trial of criminal offence has been recognized, implicit in the broad sweep and content of Article 21. In Kartar Singh vs. State of Punjab (1), the Apex Court has observed:
``The concept of speedy trial is read into Article 21 as an essential part of the fundamental right to life and liberty guaranteed and preserved under our Constitution. The right to speedy trial begins wi
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