Thanjavur Girl Suicide: "Grave Injury And Violation Of Rights Of Child Victim When She Was Alive" NCPCR Seeks Intervention In Supreme Court

It has been stated in the application that NCPCR is of the considered view and is apprehensive that there has been grave injury and violation of the rights of the child victim when she was alive which had led her towards the decision to take her precious life.

"It has further been observed by NCPCR that mischief could have been done, both while the child victim was alive and while her death was being investigated. NCPCR feels duty bound to submit the findings of its inquiry to assist the Court with its findings and has come to the Hon'ble Court in the hopes that no other child would suffer from the similar fate as the child victim," the application filed through Advocate Swarupama Chaturvedi stated.

Apex Child Rights body in the application has further stated that 3545 complaints had been addressed to the NCPCR with the request to conduct the inquiry against the allegations in connection to this incident and that in pursuance to the same NCPCR took cognisance of the same on January 19, 2022.

"After perusal of the complaint, it was felt by the NCPCR that the matter mandated a thorough investigation by the investigating authorities. In furtherance of the same, the NCPCR issued the letter dated 20.01.2022 to the Director General of Police, Tamil Nadu requested to initiate inquiry and to take appropriate and necessary legal action regarding the allegation made in the complaint and submit an action taken report ( "ATR") to the NCPCR. It is pertinent to mention here that the NCPCR had not received any ATR or response to its letter within the stipulated time," the application stated.

It was further stated in that considering the seriousness of the matter, and the lax response of the State Authorities regarding the death of a minor girl in Thanjavur, a team of three officials headed by the Chairperson, NCPCR, visited Thanjavur, Tamil Nadu on 30th and 3 1st of January, 2022, for the purpose of conducting a thorough inquiry in the matter.

In this regard, application said that during the visit and inquiry, many discrepancies and lapses were observed by the officials of the NCPCR regarding required immediate steps taken by the school authorities for the care of the minor girl after she fell sick and in the investigation into the death of the minor girl being done by the authorities.

"It was found by the team during the course of inquiry that not only were there procedural gaps in the investigation, such as: non- sealing of the alleged scene of crime by the local police, the warden not being remanded, non-identification of the vendor/source of poison that the child victim ingested, but violations under the Juvenile Justice Act, 2015 and its 2016 Rules also had taken place inclusive of but not limited to, Sections 41, 42. 54 and Rules 26, 29. 34/35, 73/77, 107 of the Juvenile Justice Act, 2015 and its 2016 Rules respectively," application stated.

The Top Court on 14th February, 2022 while issuing notice in the SLP had refused to interject with the High Court's order of probe by CBI and said that the probe by the central agency will continue in the meanwhile.

Background

The girl, a Class 12 student of Sacred Heart Higher Secondary School, Michealpatti, had died on January 19 following an attempt to suicide. After her death, certain video clips of her recorded by a third party named Muthuvel emerged in social media, in which the girl had allegedly made statements about forcible conversion attempts.

The Madras High Court, through its judgement dated 31st January 2022 had harshly criticised the investigation by the Tamil Nadu police for ruling out the angle of alleged attempts of religious conversion to Christianity from her school. The High Court had criticized the Superintendent of Police Thanjavur for making a press statement to rule out the conversion angle at an early stage.

The Court had also noted that the State Education Minister and two other High Ranking Ministers issued public statements exonerating the school management. The Education Department also released a report absolving the school. In this backdrop, the Court observed:

"It is too early in the day for the police or the politicians to jump to conclusions. But they have done so. That is why, the petitioner is apprehensive that if the investigation remains with State police, he will not get justice. His apprehension is justified" the court said.

Case Title: The Director General of Police and Others v. Muruganathan and Anr| SLP(Crl) No.1053-1056/2022 and The Immaculate Heart of Mary Society vs Muruganantham | SLP(Crl) 1246/2022