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Synopsis

In a notable move, the Jharkhand High Court has taken suo motu cognizance of the distressing gang rape incident involving a 45-year-old Brazilian national, during her visit to Dumka, Jharkhand. The court took the decision based on the basis of newspaper reports. Notably, the case has drawn significant national and international attention due to its grave nature and the involvement of a foreign national, raising security concerns for women travellers in the country. 

Acting Chief Justice Shree Chandrashekhar and Justice Navneet Kumar directed the Jharkhand Director General of Police (DGP), the Chief Secretary, and Dumka's Superintendent of Police to respond to the incident. The court emphasised the severe repercussions of such crimes, stating that “A sex-related crime against a foreign women is likely to bring adverse publicity against the country and thereby tarnishing the image of India across the globe.”

The incident reportedly occurred on March 1, 2024 when the Brazilian woman and her husband, who were on a motorbike tour, stopped for the night in Dumka. Subsequently, the woman shared a harrowing video on her Instagram page detailing the assault. She claimed that seven men had attacked them, raping her and physically assaulting her husband.

In response to the reported gang rape, Advocate Ritu Kumar, the President of the Advocate’s Association, presented news reports from various news portals to the Jharkhand High Court. Based on these reports, it was disclosed that a First Information Report (FIR) has been registered concerning the gang rape incident of the Brazilian national, against seven accused individuals, with several of them already apprehended by the police.

The FIR elucidates that the seven assailants alternated in committing the act after subjecting the victim to kicks and punches. During the incident, they restrained her husband by tying his hands and also attacked him. In her recent social media video posted on Saturday night, the victim expressed, "I believed they were going to end my life. I am thankful to be still alive.”

The medical examination of the woman confirmed gang rape. Following the incident, the Jharkhand police acted swiftly, arresting three of the seven accused, with efforts ongoing to apprehend the remaining suspects that are absconding.

It was highlighted before the High Court that the Jharkhand Legal Services Authority has initiated steps to provide legal and other forms of assistance to the victim, referred to as “X”.

The court expressed uncertainty with regards the recording of the victim’s statement and said , “As we read from the newspaper reports, “X” is Spanish speaking person but it is not known whether there is the facility of translator with the help of whom her statement was recorded.”

Additionally, the Court pointed out the necessity of adhering to the amendments in the Code of Criminal Procedure, especially regarding the scientific investigation of rape cases. Given these considerations, the court sought a detailed report from the Superintendent of Police in Dumka regarding the current status and progress of the investigation into thematter.

In its order, the Court has expressed deep concern over the treatment of foreign tourists and the possible detrimental effects on tourism in India. "The incidents of crime of any kind against a foreign national may have serious national and international repercussions, including impacting the tourism economy of the country," the Court stated. 

The High Court taking suo motu cognizance of the reported incident of gang rape, directed the Registry to institute a suo motu writ petition. 

The Court further mandated the Superintendent of Police Dumka, who is also arrayed as a respondent in the case, tofile a response by March 7, 2024​, when the next hearing of the case is scheduled. 

Cause Title : The Court on its own motion vs The State of Jharkhand and Others [WP(PIL) No. 1227 of 2024]