Karnataka High Court restricts visitors to Belagavi assault survivor

“The visit of people to the hospital to see the victim, in the circumstances, is not unusual. This court normally would not like to restrict the freedom of movement of any citizen; however, considering the fact that the victim has suffered unbearable trauma and she has been undergoing medical treatment, in our considered opinion, the flow of visitors is likely to affect the health condition of the victim and disturb the ongoing medical treatment as well,” Chief Justice Prasanna B Varale said in his order, on Saturday, 15 December.

So the high court directed restrictions.

The court’s observations

“Therefore, we deem it appropriate to restrict the visitors in the best interests of the victim and to secure undisturbed medical treatment. In the above backdrop, we direct that no person, individual, groups, associations, political parties, or the like shall visit the place of the victim except with the prior written permission of the medical officer in-charge of the hospital or the doctor treating the victim,” the order said.

In an urgent hearing in the judge’s chamber on Saturday, the Chief Justice issued the order after noticing a news report on television that, “The Belagavi incident victim is to be visited by the representatives of National Human Rights Commission as well as by the delegation of a political party.”

However, the high court said that “the order shall not prevent the family members of the victim, the official representatives of statutory authorities/commissions or the Investigating Agencies to visit the victim in a need-based manner.”

The court, on 12 December, took suo motu cognizance of the news of the incident in a village at Hukkeri taluk in Belagavi district. While hearing the petition on 14 December, the high court had directed the personal presence of the Belagavi Commissioner in the Court on 18 December to file an additional report on the investigation into the incident. The court had ordered that the offenders should be arrested immediately.

Related: Assault on a woman triggers a political slugfest in Karnataka

NHRC seeks report

The woman’s son, aged 24, had eloped with his lover around 12.30 am on 11 December. A few hours later, a few people barged into her house — in an apparent bid to prevent the lovers from fleeing the village — assaulted her and paraded the woman naked before tying her to an electric pole. She was later released by the police.

The incident sparked widespread condemnation and a political slugfest between the ruling Congress and the Opposition BJP.

While the ruling Congress alleged that the Opposition BJP was politicising the incident to divert public attention from the recent Parliament security breach, a Karnataka BJP spokesperson said the Congress’ interpretation was not true.

Taking cognizance of the incident, the National Human Rights Commission issued notices to the state government and the DGP, asking for a detailed report on what it termed as a “stereotyped patriarchal approach”.

“It (the report) should include the status of the registration of FIR, progress in investigation, arrest, if any, compensation under the Victim Compensation Scheme, if paid, and the steps taken or to be taken to prevent such incidents in the state.

“Considering the gravity of the matter, the Commission has also asked its DIG, Investigation to constitute a team to conduct an on-spot fact-finding inquiry at the earliest and submit a report, within two weeks,” the rights panel said.

(With PTI inputs)