Shri Bodhisattwa Gautam v. Miss Subhra Chakraborty

Nature of the Case

Order for creation of a Criminal Injuries Compensation Board and guidelines for victims of sexual assault to enforce and protect fundamental rights.   Systemic remedy in criminal complaint alleging numerous violations of the Indian Penal Code for deceiving complainant, into sexual intercourse, cohabiting, unlawful marriage, and abortion. Enforcement of fundamental rights against private bodies and individuals. Fundamental right to life (Article 21 of the Indian Constitution). Creation of guidelines in support to victims without access to medical, psychological and legal services.

Enforcement of the Decision and Outcomes

As a result of the decision, rape victims have received compensation while litigation of criminal complaints is pending. However, greater enforcement is necessary.

Significance of the Case

The Supreme Court recognized that in addition to proceeding on a petition of a publicly spirited individual, the Court retains judicial authority to take cognizance of a matter and proceed suo moto. The Court also held fundamental rights can be enforced against private bodies and individuals.

The decision is a landmark judgment concerning violence against women with the Supreme Court recognizing that rape amounts to a violation of a fundamental right as protected under Article 21, and issued a set of guidelines mandating legal, psychological and medical services be provided to rape victims in accordance with international human rights law.