CASE COMMENTARY ON SHRI BODHISATTWA GAUTAM vs. MISS SUBHA CHAKRABORTY (1996 AIR 922)

AUTHOR – SANDHYA LAKSHMAN & YAZHINI M.V, STUDENTS AT SATHYABAMA INSTITUTE OF SCIENCE AND TECHNOLOGY

Best Citation – SANDHYA LAKSHMAN & YAZHINI M.V, CASE COMMENTARY ON SHRI BODHISATTWA GAUTAM vs. MISS SUBHA CHAKRABORTY (1996 AIR 922), ILE JUDICIAL AND LEGAL REVIEW, 1 (1) of 2023, Pg. 117-119, ISBN – 978-81-961120-0-4.

ABSTRACT

The following is a brief case commentary on the case, Shri Bodhisattwa Gautam v. Miss Subhra Chakraborty [1996) 1 SCC 490]. This case is a landmark ruling given by the Hon’ble Supreme Court under Article 32 of the Indian Constitution to award compensation for the violation of the fundamental rights of an individual, especially interim relief to the victims of the offence of rape. The most significant characteristic aspect of this judgement is its holding of rape as a violation of the victim’s fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution of India. This judgement focuses on the plight and struggles of rape victims in India and the necessity for urgent reforms in the current system.

KEYWORDS: Article 32, Article 21, Right to Life, Life, Consent, Marriage, Rape, Interim Compensation.