The central legal point established in the judgment is the obligation to provide compensation and protection to all rape victims, irrespective of their social strata, and the importance of considering the specific circumstances of each case.

J.G. Chitre, J.

1. The State of M.P. has filed the list of women who are subjected to the rape as alleged by them or prosecution. Shri Anand submitted that the women who are subjected to rape should be given compensation keeping in view the judgment of the Supreme Court in the matter of Bodhistava Gautam Vs. Subra Chakraborty, reported in (1996) 1 SCC 490 and Chairman Railway Board Vs. Chandrimadas, reported in (2000) 2 SCC 465. Shri Vyas submitted that the M.P. Government has chalked out a policy by which the victims of rape coming from the Scheduled Caste and Scheduled Tribes are given compensation of the sum of Rs. 40,000/- irrespective of the decision of the Court. He submitted that the State Government is taking care of the victims of rape and, therefore, no fresh directions need to be given for the purpose of giving compensation to all the victims as prayed by the petitioner.

2. The judgments cited by Shri S.P. Anand will have to be obeyed as they indicate the law of the land. However, the ratio has to be applied keeping in view the facts and circumstances of each case. The prayer which has been put forth by Shri S.P. Anand cannot be allowed as it is because that would be discriminating other women not only from other strata of the society but even the women coming from the Scheduled Caste and Scheduled Tribes. Apart from that, it has been revealed during the course of the submissions advanced by Shri S.P. Anand and Shri D.D. Vyas that the case connected with this petition is still pending for hearing and decision. In the circumstances and keeping in view the pendency of the case, this Court finds it necessary to give directions to the Slate Government on other points which are necessary for the purpose of protecting the soul and virtues of the women not only coming from Scheduled Castes and Scheduled Tribes but from all categories of the society. This Court finds that the policy of the State Government to give compensation to the victims coming from the Scheduled Castes and Scheduled Tribes is proper.

3. The women have to be protected as if they come from the weaker section of the society. They cannot be put to risk while moving freely in the society. Therefore, it is obligatory on the part of the Government to provide a machinery which would be protecting the entire population of India in the nature of female beings from the possibility of violence from other gender. They cannot be put to risk of loosing the virtues and resultantly the interest in life and the soul, on account of shame of being the victims of rape or sexual violence. The Slate Government should be alert and should be more careful in chalking out necessary instructions to Police Department and all the officers functioning for the Government. However, for example some directions need to be indicated:

(i) No woman should be called all alone for interrogation in Police Station; instead of that, the I.O. should go to the houses of such women victims for the purpose of interrogation and they shall be interrogated in presence of adult members of the family whom they prefer to remain present while they are being interrogated.

(ii) No woman should be called at Police Station after sun-set and before sun-rise for interrogation or any other purpose unless it is necessary for arrest but that should not be done unless the I.O. has sufficient and reasonable ground to believe that she has committed that alleged crime. The arrest should be in accordance with provisions of law.

(iii) Even in cases of criminal offenders so arrested at the time arrest, the arrest should be effected by female-members of the Police staff and they should be treated with appropriate dignity of womanhood while they are detained in custody. Utmost care is to be taken to see that they are not put to humiliation.

(iv) Necessary police protection should be provided on all roads during day and night time so as to see that female beings may move safely, freely on roads for attending their work for t