Belagavi Woman Assault| 'Cowardice; Need To Fix Collective Responsibility': Karnataka HC Condemns Villagers Who Stood As Mute Spectators

The Karnataka High Court today strongly criticized the inaction of approximately 50 to 60 bystanders who failed to intervene and rescue a woman who had reportedly been beaten, paraded naked, and tied to an electricity pole in Belagavi. This incident occurred after her son allegedly eloped with a girl.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit termed the act as 'collective cowardice' and went on to say that “We are of the opinion that unless certain solid steps are taken, to fix a collective responsibility so that it would also in tune with the principle enacted in Article 15 of the constitution.”

It said “The time has come to fix such collective responsibility and in our opinion, these are the situations which we are sorry to say reflect a collective...or reflect that as members of society, we are only interested in acting towards securing only selfish motives.”

Then it suggested, “Unless some serious action is initiated with a measure of effective implementation, and fixing collective responsibility there would be no effective check to such incidents and to avoid such incidents we deem it appropriate to put this suggestion to all stakeholders.”

Advocate General Shashi Kiran Shetty informed the court that around at the time of the incident when the victim was subjected to physical torture and mental trauma certain villagers were standing at the scene as mute spectators. The village has a population of around 8,000 and the gathering at the time of the incident was around 50 to 60 in addition to 13 assailants...And to the misfortune of the victim, only 1 person namely Mr Jehangir showed the courage to assist the victim and made an attempt to save the victim from assailants.”

The bench orally said “As we suggested, something needs to be done for collective responsibility. Some collective responsibility measures have to be taken, which Lord William Bentinck took in history. It is not the action of offenders, but the inaction of those standing at the spot that is more dangerous.These people standing mute spectators will make the assailant a hero.”

It added “Where is the civil society, and what is the level of cowardice? This is the collective cowardice and collective irresponsibility of the villagers. We, as a society, need to train our children that there is nothing wrong with helping someone who is in difficulty, to stand up.”

Further, the bench observed “It is not beti bachao, beti padhao. It is beta padhao, to save the girl child...Unless you tell the boy child, you will not be achieving,. focussing on a girl, the girl will naturally be respectful to the other lady. it is for the boy to be told to respect and protect the lady."

Then it expressed “From our hearts, we are telling you that we would not have been mute spectators.”

During the hearing, the court also interacted in the chamber with the medical officer treating the victim and also the police investigating team. It noted that the medical officer opined that the victim may undergo treatment for 6 to 8 months. The concerned medical officer is in touch with senior experts.The appropriate drugs are suggested to the victim...these drugs would help to act as antidepressants and the treatment would take approx 6 to 8 months time span.

Considering the treatment required by the victim, the bench directed the District Legal Services Authority to release the full amount of interim compensation of Rs 50,000 to the victim.

The State government also informed that an ex-gratia amount of Rs 5 lakh from the Chief Ministers fund has been released in favour of the victim and the amount has been credited to her bank account. Further vide order dated 16-12,2023 passed by MD Karnataka Maharishi Valmiki scheduled tribe, Bengaluru allotting the victim land to the extent of 2 acres 3 guntas. The advocate general assured the court that by December 31 all the revenue formalities regarding transfer will be completed and land without any encumbrances would be handed over to the victim.

Further, it was informed that the investigation has been now transferred to the CID and the eerring police inspector of the police station concerned at the time of offence has been put under suspension. Further 11 accused have till now been arrested and 1 is absconding.

The court noted the details mentioned in the memo and said “We have observed that the state government has handed over the investigation to CID, we are of the opinion that it will be necessary to give time to carry out further investigation.” It appreciated the efforts of the advocate general. Further directing the investigating agency to place additional reports. Adjourned the hearing to the third week of January 2024.

Case Title: HIGH COURT OF KARNATAKA VS. STATE OF KARNATAKA AND OTHERS

Case No: Writ Petition No 27927/2023