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2018 DIGILAW 1219 (SC)

Sampurna Behura v. Union of India

2018-08-02

DEEPAK GUPTA, MADAN B.LOKUR

body2018
ORDER : 1. We are extremely disturbed on receiving a letter from Mr. Ranvijay Kumar, who says that he is an Independent Human Rights Defender from Patna. The letter is dated 31.07.2018 and concerns the recent alleged rape and abuse of children in the Government funded Children's Home run by the NGO called Sewa Sankalp Evam Vikas Samiti. The letter has been addressed in connection with the judgment and directions issued by us in this writ petition. 2. Among the submissions made by Mr. Ranvijay Kumar is that the minor girls, who have allegedly been raped and abused, have been interrogated, questioned or visited multiple times by several bodies and persons including National Commission for Women, State Commission for Women, District Legal Services Authority, State Legal Services Authority, Special Investigation Team of the CID, Bihar Police and the Print and Electronic Media. 3. Ms. Aparna Bhat, learned counsel who is present in the Court says that as far as she is aware a team from the State Commission for Protection of Child Rights has also visited the girls. 4. It has repeatedly been said by this Court on several occasions that the victims of sexual abuse or sexual offences should not be required to re-live the trauma of the horrifying incident. In this case, multiple visits, questioning and interrogation have been made. The minor girls who have allegedly been raped or sexually abused are being compelled to re-live the trauma again and again. This is hardly conducive to their welfare and well-being both physical as well as mental. 5. It appears from a reading of some reports in the newspapers that this incident is not a solitary incident in the State of Bihar but appears to have occurred in several other shelter homes/child homes. 6. Keeping this in mind, we request Ms. Aparna Bhat, learned Counsel to assist us as Amicus in this matter. We issue notice to the Union of India through the Secretary in the Ministry of Women and Child Development to assist us in this matter. 7. Mr. G.S. Makker, learned counsel accepts notice on behalf of the Union of India. 8. We issue notice to the State of Bihar through the Chief Secretary and also to the Tata Institute of Social Sciences (TISS). Notice be served to the State of Bihar through the standing counsel as well. Dasti. 9. 7. Mr. G.S. Makker, learned counsel accepts notice on behalf of the Union of India. 8. We issue notice to the State of Bihar through the Chief Secretary and also to the Tata Institute of Social Sciences (TISS). Notice be served to the State of Bihar through the standing counsel as well. Dasti. 9. We will specially require the assistance of TISS since the incident has come to light because of their commendable efforts during a social audit. 10. In the interest of the minor girls, we restrain the Electronic Media from telecasting or broad-casting the images of the girl even in a morphed or blurred form. We request the media not to interview the minor girls. This request is being made in the interest of minor girls. News of the events may of course, be disseminated but the interests of the minor girls should be kept in mind. 11. We do not propose to restrain the concerned police authorities from conducting the investigation but we direct that the investigations should be conducted (keeping the interest of the children in mind) with the assistance of professional counselors/qualified child psychologists appointed in consultation with the National Institute of Mental Health and Neurosciences (NIMHANS), Bangalore, TISS and AIIMS, Delhi. We make it clear that the questioning of any of the victims is to be carried out in their presence and with their assistance. 12. The Secretary General will ensure that service to the aforementioned be completed by tomorrow. 13. List the matter on 07.08.2018.