Anna University Sexual Assault Case 2024: Legal Implications and Systemic Failures


Author: Dakshata Siva Ananth, REVA University

To the Point

A second-year engineering student of Chennai’s Anna University was allegedly raped on campus on the evening of 23 December, triggering outrage over safety lapses and political blame games. The incident came to light after the survivor lodged a police complaint on 24 December. The accused, Gnanasekaran, a 37-year-old with a criminal history, was arrested on December 25, a day after the survivor contacted a police helpline. He is accused of filming the survivor with a male friend, blackmailing them with the footage, and later raping her.

Gnanasekaran allegedly entered the campus through a poorly secured area. The incident raised questions about the university’s security measures and the lack of preventive actions despite prior reports of trespassers on campus.
The accused was apprehended on December 25, 2024, following a police investigation. It was later revealed that Gnanasekaran had been involved in similar offenses but had not been apprehended due to lapses in police monitoring and action.
Administrative Failures

Delayed Response: The university administration was criticized for failing to ensure adequate campus security.

Privacy Breach: Sensitive information about the survivor, including the First Information Report (FIR), was leaked online due to a technical glitch during the migration of records from the Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS).

Judicial Response:

The Madras High Court:
Ordered the formation of a Special Investigation Team (SIT) comprising women IPS officers to ensure a fair and sensitive investigation.
Directed the Tamil Nadu government to pay ₹25 lakh in compensation to the survivor. This amount is to be deducted from the salaries of the police personnel responsible for the FIR leak.

Public Reaction
The incident triggered widespread outrage, protests by student bodies, and demands for better security measures in educational institutions. Political parties criticized the government for inadequate women’s safety measures.

Broader Implications
The case has reignited discussions about:

Campus Security: Urging universities to implement stricter safety protocols.

Data Privacy: Highlighting the need to protect sensitive information of survivors.

Legal Reforms: Demanding swifter and more victim-centric legal processes.


What happened?
The survivor, accompanied by her male friend, was near an old building, close to Raj Bhavan and IIT Madras, in a remote part of the sprawling campus when the accused approached them at around 8 pm. Gnanasekaran reportedly intimidated her friend, a third-year student, into leaving and proceeded to assault the woman, according to a report by The Times of India. Before fleeing, he demanded her phone number and threatened her to meet him whenever he called.

Police revealed that Gnanasekaran, who runs a roadside eatery near the campus, had a criminal record that included over 15 cases of theft and robbery. In 2011, he was arrested on charges of sexually assaulting another woman on the same campus, though it is unclear if that case went to trial, a report by Deccan Herald said. “The suspect has confessed to the crime,” a senior police officer told Deccan Herald. Samples from the crime scene have been collected, and authorities are searching for the accused’s mobile phone, suspecting it may contain evidence of similar crimes.

The police have registered a case under various sections of the BNS, including charges of rape and sexual harassment. Investigators are coordinating with Anna University’s Internal Complaints Committee (ICC-POSH), where the survivor initially reported the assault. University authorities and Greater Chennai Police have announced a joint security review to address potential lapses. Measures to improve campus safety are expected to follow.

Student protests and demands
Student associations held protests outside Anna University on Wednesday, demanding better protection for students living on campus. They criticised the administration for failing to address long-standing security concerns.

Political fallout
The assault has drawn sharp criticism from opposition parties, who blame the ruling Dravida Munnetra Kazhagam (DMK) government for failing to ensure campus security. All India Anna Dravida Munnetra Kazhagam (AIADMK) general secretary Edappadi K Palaniswami and Tamil Nadu Bharatiya Janata Party (BJP) chief K Annamalai accused the government of worsening law and order.

AIADMK Rajya Sabha Member of Parliament C.Ve. Shanmugam was arrested, along with party cadres, on Monday when they attempted to protest at the Municipal grounds on Tiruchi Road. The workers were arrested when they assembled near the venue to protest against the State government over the Anna University sexual assault incident. AIADMK named the campaign “Who is that Sir?” after the rape survivor in her police complaint alleged that the accused, while holding her hostage, received a call from someone whom he addressed as ‘Sir’.

POST Speaking to reporters, Mr. Shanmugam said that crimes against women, especially cases of sexual assault, had been on the rise in the State over the last three-and-a-half years. The victim should get timely justice and all the culprits involved in the crime should be brought to book. He also questioned the Chief Minister M.K. Stalin’s silence in the case.


Annamalai also shared alleged images of the accused with DMK leaders, hinting at a political nexus. In protest against the sexual assault of a girl at Anna University in Chennai and wanting to oust the DMK government in the State, the Tamil Nadu Bharatiya Janata Party (BJP) president K. Annamalai on Friday (December 27, 2024) flogged himself 6 times in front of his house in Coimbatore, barefoot. Later, speaking to journalists, he said the stir that the BJP has undertaken (on Friday) will intensify. Said he would not wear footwear from Friday until the DMK govt is ousted from power. This agitation is not against an individual but against the deteriorating standards of education, economic depletion, and police apathy in women safety issues. Citing the reason for self-flagellation, he said that by hurting one’s own self, he was punishing himself for having committed sin knowingly or unknowingly. Annamalai slammed the state police for divulging the name, phone number and other personal details of the victim in the case.“How did the FIR enter the public domain? You have revealed the identity of the victim by leaking the FIR. The FIR also shows the victim in a poor light. The police and the DMK should be ashamed for writing such an FIR and leaking it,’’ he said, hitting out at law minister S Regupathy. “Where did the Nirbhaya fund go? Why was there no CCTV camera on the Anna University campus?” he asked.

The TVK president submitted a petition to Governor and sought his intervention to address what he described as a severely deteriorating law and order situation. Actor-politician Vijay has condemned the sexual assault of a second-year engineering student inside Chennai’s Anna University campus, urging the Tamil Nadu government to take “swift legal action” against the accused. In a post on X, Vijay said that though police have informed him of the arrest made in the case, he urged the MK Stalin-led government to “take swift legal action against him and ensure that he is punished accordingly”. The actor further noted the need to install CCTV cameras, smart poles, emergency buttons, telephones, etc., to ensure women’s safety across the city. For this, he said that the Nirbhaya fund, which is allocated every year, could be used.

Chief coordinator of Naam Tamilar Katchi (NTK) Seeman said that he felt bad upon hearing that the BJP state president K Annamalai whipped himself in protest against state govt’s handling of the sexual assault case on the Anna University campus in Chennai.

“You may accept or reject his act of expression (whipping), but we cannot underestimate his anger as a leader. Everyone has it, I too have that anger (over the incident) but we should not whip ourselves instead of whipping the perpetrator. I felt bad when I heard about the whipping,” Seeman told reporters in Trichy on Sunday.

Responding to AIADMK’s campaign, state law minister S Regupathy (DMK) dismissed the protests led by the opposition party as unnecessary and politically motivated, saying that appropriate action has been taken in the case. “We have no need to shield anyone. Action has already been initiated. AIADMK’s theatrics are an attempt to remain relevant and divert attention from the allegations against their regime. The Pollachi incident alone exposes their track record,” Regupathy said, referencing a high-profile sexual abuse case during AIADMK’s tenure. The minister also criticised the opposition’s focus on the leaked FIR, which revealed the 19-year-old survivor’s identity. The minister suggested the leak might have resulted from a technical glitch but maintained that an investigation is ongoing. Regupathy also launched a scathing attack on BJP state president K Annamalai, calling the protests outside his Coimbatore residence, where he flogged himself six times, opportunistic. “Annamalai, despite his education in London, has reduced himself to a vulture, seizing any tragic incident for political mileage,” he said. Meanwhile, the DMK has launched a statewide campaign featuring women and students holding placards affirming their sense of safety in Tamil Nadu under the current government. Responding to the criticism, Tamil Nadu Higher Education Minister Govi Chezhian assured swift action to prevent such incidents.

Use of Legal Jargon
The incident involves offenses under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act, 2012 (POCSO), reflecting aggravated forms of sexual assault. The court’s directive to compensate the survivor aligns with the principles of restorative justice and emphasizes the doctrine of state accountability. Procedural lapses, such as the FIR disclosure, breach the right to privacy enshrined under Article 21 of the Constitution. The transition to the Bharatiya Nyaya Sanhita (BNS) further complicates the procedural dimensions of this case.

The Proof
The survivor’s testimony, corroborated by forensic evidence, forms the crux of the case. Surveillance footage from the university campus, witness accounts, and the accused’s criminal history substantiate the allegations. Legal proceedings are guided by Section 164 of the CrPC for recording the survivor’s statement before a magistrate. The leaked FIR and its public dissemination have emerged as critical points of contention, revealing systemic vulnerabilities in data protection.

Abstract
This article examines the Anna University sexual assault case, focusing on its legal and systemic dimensions. It delves into the procedural aspects, judicial responses, and the broader implications for women’s safety in educational institutions. By analyzing case laws and statutory frameworks, the article highlights the need for robust legal and administrative reforms to prevent and address gender-based violence.

Case Laws
State of Punjab v. Gurmit Singh (1996): Emphasized the importance of a sensitive approach towards survivors of sexual assault during investigation and trial.
Vishaka v. State of Rajasthan (1997): Established guidelines for preventing sexual harassment in the workplace, applicable to educational institutions.

Justice K.S. Puttaswamy v. Union of India (2017): Upheld the right to privacy, relevant in the context of the FIR disclosure.
Delhi Domestic Working Women’s Forum v. Union of India (1995): Highlighted the necessity of compensation for rape survivors.

Conclusion
The Anna University case serves as a grim reminder of the persistent challenges in ensuring women’s safety and justice. While judicial interventions, such as the establishment of the SIT and compensation orders, reflect progress, they also expose systemic failures. Strengthening campus security, ensuring data privacy, and expediting legal processes are imperative. This case underscores the urgency of comprehensive legal reforms and societal commitment to safeguarding the rights and dignity of women in India.

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