All of a sudden, a strange scenario creeps in. You hear voices surrounding you, shouting in an unfamiliar way. You step out, worried, and see your fellow villagers in a rage. Before you can comprehend what’s happening, a hand reaches out from the crowd, grabs your hair, and drags you down. Countless sticks and feet start hitting you, your breath slowing, but you still don’t know why. You see your family being pulled out too, despairing, begging for your life, trying to protect you.

An aunt, who once sang you lullabies, pulls out a knife and cuts your hair with anguish. And amidst that disbelief, you hear a familiar voice, filled with disgust, shouting, “Daini (Witch), go away and die!”

“Burn her down!” the mob screams.

Eyes that once smiled at you now burn with hatred. Neighbours. Friends. People you once trusted are now a seething mob, armed and bloodthirsty, closing in.

They hang you in the middle of the village and burn you alive—reason— Superstitious belief.

This is not a fictional narrative but rather an outline of real-life cases of more than 2,500 innocent souls who died miserably, being vulnerable victims of ‘Witch-hunting’ at the hands of their people. According to the National Crime Report Bureau’s Crime in India Report 2022, nearly 85 individuals were murdered in witchcraft-related incidents in that year alone. Alarmingly, between 2012 and 2022, a total of 1,184 people lost their lives to witch-hunting violence across India.

Killing based on (superstition) suspicion has been practised in rural India for a very long time. It has been believed that any distress that takes place has to have been transcendental. Anyone with a distinctive characteristic was seen as dubious. Women have always been an easy target for this. Change in positive essence was upheld as a blessing, but a negative repercussion was a curse by someone. Many voices were cut down without justice based on intuition, and some with an underlying intention. Women are pestered more, be it to seize land, extract personal revenge, or legitimise acts of violence. Prime outrage of misinformed minds when given a false push can be tremendously harmful, and this has resulted in the deaths of many. All these would have been a part and parcel of our daily newspapers even today if not advocated by some strong leaders bearing the torch of light. One such inspiring being was ‘Birubala Rabha’.

Hailing from the village of Thakurvila in Goalpara district, Birubala Rabha lived her life as a fighter. With her father passing away when she was barely six years old, she dedicated her early years to helping her mother out. Once her son got immensely sick, and with the lack of access to healthcare, she was bound to visit a local quack healer. The sham made up some delusive story and declared her son to be dead in no time. Birubala Rabha, who was once a believer of such claims, was terrified by his remarks, but to her surprise, her son’s health improved. That is when she realised the misbelief that had been deceiving her and many others for ages.

Not letting her anguish go in vain, she tried to accumulate as many people as she knew to be vigilant. Formed the Thakurvilla Mahila Samiti, where the women of that village were entrusted to eradicate social evils from their district. More than 50 women were saved under her leadership. Seeing its pace, she insisted on taking the movement further by initiating Mission Birubala in 2012. This intent was a landmark movement to not only save girls from falling prey to social evils but also rehabilitate them with proper legal aid.

Though successful in her mission, it wasn’t an easy path for her. Large sections of people still condemned her for trying to break societal norms. Daini Hatya,(“Witch crafting”) has a mixed level of unfortunate acceptance in a very conservative society. A report on Contemporary Practices of Witch Hunting 2015, cited by the New York Times, states that the victims may be subjected to horrific abuses such as being forcibly stripped, paraded naked in public, having their head shaved off, faces blackened, teeth pulled out to “defang” them, eyes gouged, whipped and even gang raped, or forced to consume human excreta. In the most extreme cases, they are killed by hanging, hacking, lynching, or even being buried alive.

Birubala was herself branded a witch for forging her way out of repressive custom towards justice, her character questioned. But Birubala Rabha was determined to fight against all odds. She continued her work and, without any fear and hesitation, openly delivered speeches on social evils. Her persistence gained significant recognition, attracting notice of the powerful. Former Assam DGP Dr. Kuladhar Saikia joined forces with her in the campaign, lending a strong and authoritative voice to the movement against witch-hunting across the state. In recognition of her extraordinary contributions, she was awarded an Honorary Doctorate by Guwahati University and in 2021, she received one of India’s highest civilian honours—the Padma Shri. In 2017, she was also invited to speak as a panelist at the Witchcraft and Human Rights Experts Workshop hosted by the U.N. Human Rights Council in Geneva. The following year, in 2018, she was honoured with a cash award by the Women’s World Summit Foundation in recognition of her efforts.

Birubala Rabha’s impact transcended grassroots activism. She became a catalyst for legislative reform in Assam. Her relentless advocacy was instrumental in the enactment of the Assam Witch Hunting (Prohibition, Prevention, and Protection) Act, 2015, a watershed decision that firmly criminalises the inhumane practice of witch-hunting. Under this stringent legislation, branding someone a “witch” can result in imprisonment of up to seven years and a fine reaching five lakh rupees. This powerful legal framework stands as one of the most robust measures in India against witch-hunting, a testament to Birubala Rabha’s unwavering courage and commitment to justice.

Unfortunately, last year, on May 13, 2024, this unprecedented warrior took her last breath battling cancer, but she left a legacy of successful deliberation towards women’s empowerment that lives on in every victim. What she did back then is today’s beacon of curbing social evils. Superstitious acts reduced significantly in Assam post her endeavour. Her fearless battle against the deep-rooted evil of witch-hunting not only led to historic legal reforms but also sparked a broader movement against superstition and ignorance at large. In her honour, the Assam Government has declared May 13 of every year to be observed as Anti-Superstition Day, a powerful reminder of her mission for all, to eradicate ignorance through awareness and empathy.

Though the shadow of witch-hunting still lingers in pockets of our society, we must not and never turn a blind eye or fall silent. Statistics do show a decrease in cases, but many evils go unreported in rural India. Birubala Rabha showed us that the fight against injustice begins with one brave voice and that voice can echo across generations.

As Birubala herself once said, “My mission is to end the menace of witch-hunting,” let us honour that, not just in words, but in action, so that no one has to wake up tomorrow and endure pain and fear at the hands of their own people.

(The author is an independent writer and research scholar focusing on rural India)

The post One woman against a thousand superstitions, Birubala Rabha’s battle against the superstition of ‘Witch-Hunting’ appeared first on SabrangIndia.

Brief facts

The case involved a series of incidents occurring on November 5 and 6, 2014. These included an initial altercation, followed by a criminal trespass, where a woman (the prosecutrix/primary victim) and her male companion (second victim) were assaulted, and a friend (third victim) who came to help was also attacked. During the trespass, the primary victim and the third victim were forced to strip and were videographed in compromising positions. Subsequently, the primary victim and the second victim were abducted. The second victim was taken to railway tracks, assaulted, and left for dead but managed to escape. The primary victim was then taken to multiple locations where she was subjected to gang rape by three individuals (two appellants and a juvenile tried separately).

Charges and initial convictions

Multiple accused faced charges including criminal trespass (Sections 450, 452 IPC), grievous hurt (Sections 324, 326 IPC), sexual harassment (Sections 354A, 354B IPC), voyeurism (Section 354C IPC), violation of privacy under the IT Act (Section 66E), abduction (Section 366 IPC), attempt to murder (Section 307 IPC), robbery (Section 394 IPC), gang rape (Section 376D IPC), and harbouring offenders (Section 212 IPC). The trial court convicted several accused on various counts, handing down severe sentences including life imprisonment. The accused appealed to the High Court.

High Court’s decision on appeals

The High Court upheld convictions for several appellants for offences including criminal trespass, assault (altered from grievous hurt to simple hurt by dangerous weapon in some instances), sexual harassment, voyeurism, IT Act violations, abduction, attempt to murder, robbery, and significantly, gang rape against two appellants.

One appellant was acquitted of all charges due to insufficient evidence placing him at the scene of the crime inside the room.

Sentences were modified for several convicts: life imprisonment for attempt to murder was reduced to 10 years rigorous imprisonment for two appellants; life imprisonment for the remainder of natural life for gang rape was reduced to 20 years rigorous imprisonment for the same two appellants. The sentence for harbouring an offender was reduced to the period already undergone for one appellant.

The Court on consent and sexual history

The High Court addressed the issue of consent, particularly in response to defence arguments that attempted to question the primary victim’s character and suggest that her alleged past relationships or sexual history, including a prior acquaintance with one of the accused, might imply consent or make her testimony unreliable. The Court emphatically rejected these notions, reinforcing the principle of “No means No.”

The judgment stated

• “NO means NO”: A woman who says ‘NO’ means ‘NO’. There exists no further ambiguity and there could be no presumption of consent based on a woman’s so called ‘immoral activities’. (Para 85)
• Irrelevance of past relationships or character: The Court made it clear that even though there may have been a relationship between the prosecutrix and [one of the accused] in the past but if the prosecutrix was not willing to have sexual intercourse with [the accused], his colleague… and the juvenile in conflict with law, any act without her consent would be an offence within the meaning of Section 375 of the IPC. (Para 85)
• Consent is instance-specific: The court stated that a woman who consents to sexual activities with a man at a particular instance does not ipso facto give consent to sexual activity with the same man at all other instances. (Para 85)
• Character and number of sexual partners are not determinative of consent: The court stated that a woman’s character or morals are not related to the number of sexual partners she has had in wake of Section 53A of the Indian Evidence Act. This section of the Evidence Act restricts evidence of the victim’s character or previous sexual experience in prosecutions for sexual offences. (Para 85)
• Primacy of consent over perceived morality: The Court addressed attempts to question the primary victim’s morals due to her being estranged from her husband and living with another man, or suggestions of a prior intimate relationship with one of the accused. It emphasized that even if such circumstances were true, “a person cannot force a woman to have intercourse with him without her consent.” (Para 84)
• Rape as aggression, domination: The Court described rape not merely as a sexual crime but as “a crime involving aggression which leads to the domination of the prosecutrix. It is a violation of her right of privacy. Rape is the most morally and physically reprehensible crime in society, as it is an assault on the body, mind and privacy of the victim, the court added. (Para 85)

In essence, the High Court’s judgment strongly affirmed that consent must be explicit and contemporaneous for each sexual act. A victim’s past sexual history, choices in relationships, or perceived character are not relevant to determining whether consent was given for a specific instance of sexual intercourse. The Court underscored that the absence of consent makes any sexual intercourse an offence, irrespective of the victim’s background or previous associations with the accused.

The judgement reinforced the evolving jurisprudence that centres the victim’s agency, making it unequivocally clear that consent must be specific, informed, and ongoing—regardless of any prior associations or societal judgments about the victim’s morality. In doing so, the Court not only delivered justice in a deeply disturbing case but also contributed meaningfully to the broader fight against rape culture and victim-blaming narratives in India’s criminal justice system.

(The author is part of the legal research team of the organisation)

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A Licence to Violate: Chhattisgarh HC’s ruling on marital rape exposes a legal travesty’

The post Rape is aggression, domination, consent must be instant specific, not dictated by morality tests: Bombay High Court appeared first on SabrangIndia.

However, the arrest failed to pacify public outrage. By Wednesday night (April 30), around 9:30 PM, a group of men gathered near the market area where the accused had an office and began targeting businesses owned by members of the Muslim community. Videos later circulated on social media showed shops being vandalised, staffers slapped, and stones hurled at a nearby mosque. Several shops and eateries were damaged, and incidents of assault were reported. Though police intervened to de-escalate the situation, their response was widely seen as inadequate.

Right-wing outrage targets Muslim businesses in retaliatory fury

Fuelled by the accusation against the elderly Muslim man, Hindu nationalist organisations swiftly mobilised, broadening their focus from the individual to the entire Muslim community in Nainital. These groups, often operating under the banner of protecting Hindu interests, engaged in a campaign of collective punishment. Their actions extended beyond mere condemnation of the alleged crime, manifesting in direct attacks on Muslim-owned businesses and the physical assault of Muslim individuals.

Despite the prompt arrest of the accused and the completion of the minor’s medical examination – steps indicating the legal process was underway – these right-wing outfits continued their aggressive actions. Their demands often included handing over the accused to their custody, bypassing the judicial system entirely, and further inflamed the communal tensions by propagating a narrative of collective guilt and demanding discriminatory actions against the Muslim population of Nainital

Public reaction escalates into mob violence

The violence on Wednesday night appeared to be part of a broader, emotionally charged backlash. Despite assurances from law enforcement that the accused had been arrested and was facing severe charges, a large crowd moved through the central town area, launching coordinated attacks. Most of the affected establishments belonged to Muslims, heightening communal tensions. Shopkeepers and local residents described the scene as chaotic, with shutters broken, staff beaten, and customers fleeing. Among the worst affected was Monish Jalal, a restaurant owner in Gadi Padaw, who condemned the assault on his livelihood, saying, “We want justice for the girl, but what connection do we have with the accused?” reported the Times of India.

Others, like Bimla Devi, a senior resident running a family tea stall since the British era, described the damage to her stall as “complete destruction.” Both expressed dismay at the lack of timely police action and called for justice — both for the victim and for innocent business owners caught in the crossfire, as reported

Against the tide: Hindu woman stands up for Muslim community

In a striking display of moral courage amidst the rising communal frenzy, a Hindu woman emerged as an unexpected beacon of reason. As a rally of Hindu nationalist supporters marched through Nainital, their chants laced with anti-Muslim slogans in response to the alleged sexual assault, she bravely stepped forward to confront them. Her act was a powerful testament to shared humanity, as she challenged the very premise of their collective blame and the injustice of targeting the entire Muslim community for the alleged actions of one individual. Undeterred by the charged atmosphere and the potential for backlash, she directly rebuked the mob for their indiscriminate attacks on innocent Muslim shopkeepers, emphasising their lack of connection to the alleged crime.

Furthermore, she vocally condemned the abusive and derogatory language employed during the rally.

BJP leader threatened Muslim food vendors

In a video that quickly circulated on social media, BJP leader Vipin Pandey openly threatened to Muslim food vendors, insisting that their shop names must explicitly reflect their Muslim identity. Pandey warned that if the vendors failed to comply within a day, they would face physical assault. The remarks have drawn sharp criticism from various quarters, with many calling them inflammatory and divisive.

Civil society groups and political opponents have condemned the threat as a blatant attempt to stoke communal tensions and marginalise minority communities.

Meanwhile, local authorities have yet to take official action, prompting concerns over law enforcement’s response to hate speech and intimidation.

Political and community demands mount

The unrest prompted swift political and administrative responses. A group of residents submitted a memorandum to Kumaon Commissioner Deepak Rawat, making wide-ranging demands. These included a comprehensive verification of all “outsiders,” especially those belonging to the minority community working as tenants, daily wage earners, or small business owners. They also demanded the seizure of the accused’s property as a deterrent, an inquiry into property acquisitions by individuals from the minority community in commercial areas, and the establishment of a monitoring committee to oversee regional activity.

The memorandum also called for prioritising employment opportunities for local youth, and for Nainital to be declared a “sensitive cultural zone,” complete with special policy safeguards to preserve the town’s heritage and demography.

Administrative response: crackdown on encroachments and security measures

District Magistrate Vandana took immediate administrative action by appointing magistrates to sensitive locations, including the market and mosque premises. She instructed the Nainital District Development Authority to resume its anti-encroachment drive and ordered the completion of pending hearings on illegal constructions within 15 days. On Thursday, authorities carried out marking operations at multiple locations in the city, issuing 150 challans — 100 by the Municipal Council and 50 by the Development Authority — for unauthorised structures, encroachments on public infrastructure, and unapproved construction, according to the Indian Express.

Additionally, a notice was served to the accused, stating that his property was illegal and granting him three days to present his case before further legal action. Police presence was bolstered in sensitive zones, especially around religious sites, ahead of Friday prayers. The district also increased surveillance and verification of taxis, rental services, and roadside vendors to ensure tourist safety amid the turmoil.

Strikes, closures, and tourist disruption

According to reports, the violence and growing unrest had immediate consequences for daily life in Nainital. Schools remained shut on Thursday, and traders in the town centre observed a strike, partly enforced by local right-wing organisations. Amandeep Singh, general secretary of the Nainital Vyapar Mandal, said the strike symbolised collective anger at the crime, while also noting that food arrangements were made for stranded tourists. Police checkpoints were established along major roads, and tourists reported a curfew-like atmosphere, with most shops and restaurants closed.

“The tourism business has been severely affected,” said Nainital Hotel Association President Digvijay Singh Bisht, as Indian Express reported.

Local lawyers boycott case, demand inquiry into Nainital’s changing demographics

The case also resonated within the legal community. In a strong display of protest, district court lawyers unanimously decided to withdraw legal representation from the accused. Advocate Daya Joshi stated that the local bar had also requested an investigation into the recent influx of residents in Nainital. “No lawyer from our bar council will represent this man.”

Similarly, as the Indian Express reported that Protesters have demanded strict punishment for the accused, including the confiscation of their property. They also called for thorough verification drives targeting outsiders—particularly tenants and temporary workers from a specific community—and the identification and deportation of any foreign nationals residing illegally.

Muslim organisations submitted a memorandum to DGP

Simultaneously, Muslim organisations reacted strongly to the targeted violence. In a memorandum to DGP Deepam Seth in Dehradun, they condemned both the heinous crime against the minor and the subsequent attacks on innocent community members. “We too want justice for the girl,” said Naeem Qureshi, president of the Muslim Seva Sangathan. “But the collective punishment of unrelated individuals through violence and arson is unacceptable” as reported in the Times of India.

Uttarakhand High Court takes suo moto action

Taking cognizance of the volatile situation, the Uttarakhand High Court initiated suo moto proceedings. During the hearing, government counsel J.S. Virk informed the bench that heightened security measures were in place, including vehicle checks at key entry points into Nainital — Haldwani, Bhavali, and Kaladhungi. The court, comprising Justices Manoj Kumar Tiwari and Vivek Bharti Sharma, directed authorities to maintain strict law and order, prohibit large gatherings, and monitor social media to prevent misinformation and incitement.

As reported, the bench emphasised the importance of sustained patrolling to ensure that similar unrest does not spread or recur in other sensitive regions like Haldwani. It also called on citizens to cooperate with the administration to restore peace and communal harmony.

Related:

Uttarakhand High Court orders security, condemns hate speech over Uttarkashi Mosque

Stop using politics of hate to hide failure to protect women and their rights: Open Letter to Uttarakhand Govt

Religious hate finds a stage at Dehradun Press Club, event on “how to save women from jihadis” organised

The post Nainital on communal edge after 75-year-old Muslim man booked for alleged rape of minor girl appeared first on SabrangIndia.

Thirty-six-year-old Dnyaneshwari Anjan, a practising advocate at the Ambajogai Sessions Court, had reportedly approached the police with a complaint about loudspeakers blaring from a nearby temple, as well as the constant disturbance from three flour mills installed near her home. Villagers, including the sarpanch (village head) however claim that she was a persistent (and often exaggerated complaint), sometimes even filing false complaints! Her claim that the persistent noise triggered migraines and caused her physical distress brought her violent retribution. Instead of any attempts at dialogue with her, detractors resorted to what, increasingly is seen, vigilante violence.

On the morning of April 19, 2025, Anjan was attacked by her village sarpanch and at least nine of his supporters. According to her account, they dragged her to a farm and formed a circle around her, beating her with wooden sticks and plastic pipes—including on her head—until she nearly lost consciousness. The photos of her severely bruised and battered back, which she later shared publicly, went viral on social media, igniting an outcry among civil society, and opposition leaders.

An attack orchestrated by power and patriarchy

This was not a spontaneous act of rage—it was a deliberate, orchestrated punishment for speaking up. Anjan revealed that prior to the attack, the sarpanch had visited her house and told her parents to “reprimand” her, as though her assertion of rights was a form of insubordination. An FIR was registered a full day after the assault, under the Bharatiya Nyaya Sanhita (BNS), including sections for rioting (Section 191(2)), assault to outrage modesty (Section 74), unlawful assembly (Section 189), criminal intimidation (Section 351(2)), and voluntarily causing grievous hurt by dangerous means (Section 118(2)). And yet, as of the last update, none of the accused had been arrested. The police at Yusuf Wadgaon station claimed that search teams had been formed, but the perpetrators remain at large—shielded, perhaps, by political proximity or the comfort of knowing that consequences are rarely swift for those who harm women.

Political firestorm, but no real action

Opposition leaders were quick to condemn the incident. Maharashtra Congress chief Harshvardhan Sapkal declared it a “proof” of the BJP-led government’s failure to ensure women’s safety, stating, “If a woman lawyer is not safe, what about ordinary citizens?” He added that the lawyer was taken to a farm and mercilessly beaten till she fell unconscious, demanding the arrest of the accused and accountability from Devendra Fadnavis, who also holds the home portfolio.

Amol Kolhe, NCP (Sharad Pawar faction) MP, called the incident a “blot on a progressive state like Maharashtra”, invoking the legacy of icons like Jijabai, Ahilyabai Holkar, and Savitribai Phule, and pointing to the collapsed law and order under the BJP-Shiv Sena-NCP alliance. As per Hindustan Times, he added, “Instead of working for the people, alliance leaders are busy fighting among themselves for power.”

Even as the outrage spread online, with photos of Anjan’s injuries making the rounds, the BJP led Maharashtra state government’s silence has been deafening. As public confidence in the state’s protection mechanisms erodes, what is left is the image of a woman lawyer—bruised, nearly broken—punished for doing what the law allows: filing a complaint.

A female advocate was brutally beaten by Sarpanch and his accomplice at Beed District of Maharashtra. Beed again news for wrong reasons#Beed #beednews #Maharashtra pic.twitter.com/QftUfGeCbR

— Tikam Shekhawat (@TikamShekhawat) April 18, 2025

From Beed to Delhi: A wider crisis of safety for women in law

What makes the Beed incident even more disturbing is that it is not isolated. Just days earlier, in Delhi, a woman Judicial Magistrate was subjected to a shocking episode of intimidation and abuse—this time within the confines of her own courtroom.

After convicting an accused in a cheque bounce case under Section 138 of the Negotiable Instruments Act, Judicial Magistrate Shivangi Mangla recorded in her official court order that the accused and his lawyer hurled abuses, made death threats, and attempted to hurl an object at her. The convict told her, in open court, “Tu hai kya cheez… tu bahar mil, dekhte hain kaise zinda ghar jaati hai”—a direct threat to her life.

The lawyer, Atul Kumar, joined his client in pressuring the magistrate to resign and reverse her judgment. Judge Mangla noted that the harassment continued beyond the courtroom, including psychological pressure to quit her post. In her courageous response, she announced her intent to approach the National Commission for Women, and also issued a show cause notice to the lawyer, asking why criminal contempt proceedings should not be initiated against him.

Here was a woman judge, upholding the law of the land, being told she might not “make it home alive” for doing her job.

A systemic pattern of violence and intimidation

What connects Dnyaneshwari Anjan in Beed and Shivangi Mangla in Delhi is not just their profession—it’s the price they paid for exercising their legal rights and authority. In one case, a complaint. In another, a conviction. In both cases, the state’s promise of safety and institutional protection crumbled in the face of patriarchal rage and unchecked power.

It is not enough to call these “rare” or “shocking.” They are part of a wider pattern of systemic violence against women—especially those who step outside domestic spaces and challenge the authority of men in politics, religion, and even the courtroom.

What is at stake is the integrity of the legal system itself, the right to justice, and the belief that the rule of law can protect us.

Conclusion: When the protectors are left unprotected

The brutal assault on Dnyaneshwari Anjan and the threats against Judge Shivangi Mangla should not be seen as two separate news items—they are symptoms of the same disease. A society where women in legal professions are met with violence, abuse, and threats, simply for doing what the law entitles them to do, is a society teetering on the edge of lawlessness.

Where is the urgency in the state’s response? Where is the accountability from those in power? Notably, both the states where these incidents took place are being governed by the Bharatiya Janata Party (BJP) government. When perpetrators feel empowered enough to attack lawyers and threaten magistrates, they are signalling something far more dangerous—that they believe the law is on their side, or at least will look the other way.

Related:

When Courts Fail Survivors: How patriarchy shapes justice in sexual offence against women cases

From Protectors to Perpetrators? Police assaulted women, Children, Christian priests in Odisha: Fact-finding report

Surviving Communal Wrath: Women who have defied the silence, demanded accountability from the state

The post Beed to Delhi: Lawyer beaten in Maharashtra, judge threatened in Delhi—what the path for justice means for women practioners in today’s India appeared first on SabrangIndia.

In the video, a man is seen forcibly pulling off the woman’s hijab as others shout abuses, harass, and physically attack both her and the man she was with. The incident occurred in the Khalapar area while the duo—riding a bike—were returning from Sujroo village after collecting a loan EMI on behalf of Utkarsh Small Finance Bank. The woman, according to her police complaint, stated she had been accompanying one of her mother’s colleagues on official duty when they were suddenly stopped and assaulted.

 

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“A group of 8-10 men started verbally abusing me and also physically assaulted me and the man who was accompanying me. The accused also pulled my burqa and clothes as I struggled to save myself. They also recorded a video of the attack and threatened to make the incident viral,” she told the Times of India.

Muzaffarnagar City DSP Raju Kumar confirmed the sequence of events. He stated that “the incident occurred between approximately 4 and 4:30 pm. A Hindu man from Bhavan area and a Muslim woman from Khalapar, both associated with Utkarsh Small Finance Bank, were returning from Sujroo after collecting a loan installment. They were stopped and assaulted by some locals in Darzi Wali Gali. Six accused have been arrested so far. We have also taken cognizance of the video. Further arrests will be made as more people are identified from the video. Strict legal action will follow” reported the Times of India.

The police identified the accused as Sartaj, Shadab, Mohammad Umar, Arsh, Shoaib and Shami, all residents of Muzzaffarnagar, as per a report in the Indian Express.

An FIR was registered on April 12, under Sections 115(2) (voluntarily causing hurt), 352 (intentional insult with intent to provoke a breach of public peace), 191(2) (rioting), and 74 (assault with intent to outrage the modesty of a woman) of the Bharatiya Nyaya Sanhita (BNS) against unidentified men (later identified by the police).

Following the arrests, visuals emerged from the police station showing the accused men limping as they were escorted by officers. Several users on social media, however, alleged the limping appeared “staged,” raising further questions about the handling of the case.

Bengaluru Park harassment: ‘Remove Your Burqa,’ Man yells at Muslim girl with Hindu boy

In another deeply troubling incident—this time in Bengaluru—a Muslim girl and a Hindu boy were harassed in a public park by a man outraged by their interfaith relationship. The man demanded the girl remove her hijab and filmed the couple, subjecting them to public humiliation. The video, once circulated online, triggered public alarm and prompted the police to intervene.

The footage, now widely shared, shows the couple being confronted by the man, who points out their religious identities and insists the girl take off her hijab. As the girl and boy repeatedly plead with him to let them go, he continues his tirade, ignoring their distress.

“Remove your burqa,” the man is heard shouting. He harasses the couple persistently, referring to the hijab as “Muslim attire” and demanding the girl reveal her name. He also confronts the boy, questioning how he could date a Muslim girl.

In the video—believed to be the second such moral policing case in the city in a week—the man continues to record them and threatens further confrontation.

“Community members are coming, stay here,” he tells the girl, implying the imminent arrival of others to escalate the situation. Despite her repeated pleas for him to stop, the harassment continues. The exact time and location of the incident remain unverified. The video was posted on platform X and tagged to the Bengaluru Police Commissioner. Authorities say they are investigating and have requested the individual who uploaded the video to provide more details to aid legal action.

Another Moral policing in Bengaluru

Radical Islamist goon abused muslim Women and showed that Dravidian guy his rightful place

No matter whether you are Dravidian, Aryan, Northie, Southie, secular or whatever, still you are a Kafir and will be treated accordingly pic.twitter.com/hVld1U3Y4A

— DSH MAX (@team_dsh_1) April 14, 2025

In another portion of the video, the man berates the girl using religious arguments, questioning her behaviour and demanding she stop wearing her burqa in public when meeting someone from another faith.

The unidentified Men asks, repeatedly pressuring her to remove her hijab while saying that hijab belongs to our community and scolding her for going on dates in “Muslim attire.” As the boy attempts to make a phone call, the man warns him that his associates are on their way to “teach them a lesson.” When the couple tries to walk away, he blocks their path again, reiterating that others will soon arrive.

In response to the viral clip, the police have officially acknowledged the incident and are working to gather more information to ensure legal proceedings against the perpetrator.

Hii this is police sub inspector from kothanuru police station…
Plz provide your contact number or DM for my num 9986535381,
It will help us resolve things please

— KOTHANURU BCP ಕೊತ್ತನೂರು ಪೊಲೀಸ್ ಠಾಣೆ (@kothanurups) April 15, 2025

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The post Extremists assaulted Muslim woman; hijab stripped of in broad daylight in Bengaluru and Muzaffarnagar appeared first on SabrangIndia.

Across these three cases—ranging from the grant of bail in a rape case involving an intoxicated college student, to the dilution of charges in a case of sexual assault against a minor, to the careless granting of bail in a child trafficking racket—the High Court’s orders have come under sharp scrutiny. The apex court has not merely disagreed with the legal reasoning offered, but has gone a step further to publicly chastise the judges involved for passing orders that reflect a “lack of sensitivity,” “misapplication of law,” and “casualness in handling crimes against the most vulnerable.”

At the heart of this moment lies a much-needed reckoning with the gendered biases and prejudices that continue to shape how courts interpret the law. These cases have also reignited the debate on judicial accountability, particularly around how courts often reproduce social hierarchies and fail to protect those most in need of their constitutional mandate. The Supreme Court’s recent responses mark a significant intervention, one that reasserts the need for justice systems to be empathetic, victim-centric, and alive to the unequal social realities within which violence and exploitation occur.

• Victim-blaming in a rape case involving an intoxicated college student

In one instance, the Supreme Court criticised Justice Sanjay Kumar Singh of the Allahabad High Court for observations made while granting bail to a man accused of raping a college student. The High Court, in a shockingly regressive comment, held that the woman “invited trouble” and was herself “responsible” for the alleged sexual assault. The victim, who had met the accused at a bar in Delhi, claimed she was intoxicated and had accompanied the man to rest at his house but was instead taken to a relative’s flat and raped.

Justice Singh dismissed her allegations by pointing to her torn hymen—while also noting the medical report didn’t explicitly state sexual assault—and further added that as an MA student, the woman should have understood the “morality and significance of her act.” These remarks sparked immediate outrage for their blatant victim-blaming and for perpetuating rape myths that have no place in judicial reasoning. The Supreme Court firmly stated that while the granting of bail lies within judicial discretion, such gratuitous and damaging observations against the complainant are wholly unwarranted and erode public trust in the justice system. As per LiveLaw, Justice BR Gavai expressed his displeasure at such comments being made, and remarked, “What is this discussion that ‘she invited trouble’? Judges must be more careful, especially when it comes to such cases.”

• Diluting sexual offences against a minor

In a second and even more alarming case, the Supreme Court took suo-motu cognisance of another order by the Allahabad High Court where it diluted the charges in a case involving the sexual assault of a child. The High Court had originally altered a lower court’s summoning order, replacing charges under Section 376 IPC (rape) and Section 18 of the POCSO Act (attempt to commit an offence) with lesser charges under Section 354-B IPC (assault with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault).

Justice Ram Manohar Narayan Mishra reasoned that although the accused had grabbed the child’s breasts and attempted to pull down her pyjamas before being stopped, such conduct did not indicate a “determination” to commit rape. This interpretation drew strong disapproval from the Supreme Court, which found the High Court’s minimisation of the assault deeply problematic. The apex court had earlier stayed this order, highlighted the disturbing lack of judicial sensitivity and asserted that the judgment did not appear to be a “spur of the moment” lapse but a serious judicial misstep. The matter was taken up after the women’s rights group We the Women of India flagged the order, prompting the Supreme Court to seek responses from the Union and the Uttar Pradesh governments.

• Bail granted in child trafficking case without due diligence

In a separate matter involving child trafficking, the Supreme Court came down heavily on the Allahabad High Court once again, this time for granting bail in a child trafficking case in a casual and negligent manner. The apex court found that the High Court failed to impose even basic conditions on the accused, such as requiring them to mark their presence at police stations. As a result, many of the accused absconded, severely compromising the investigation and posing a grave risk to society.

The case involved the trafficking of a new-born, who was sold for ₹4 lakh to a couple desperate for a male child. The Supreme Court ordered the immediate surrender of all accused and cancellation of bail, directed the appointment of special public prosecutors, and mandated the trial to proceed on a day-to-day basis, with a timeline of six months for conclusion. The Bench, comprising Justices JB Pardiwala and R Mahadevan, also issued far-reaching directives to all States and High Courts to expedite child trafficking trials and take punitive action against hospitals involved in such crimes.

The Court’s disappointment was palpable: “We are thoroughly disappointed with how the State of UP handled this. There was no seriousness worth the name,” it observed, as per BarandBench. Taking cognisance of a Times of India report, the Court also directed the police to report on steps taken to dismantle trafficking gangs.

A Larger Pattern: Biases in the judiciary

These three cases are not isolated judicial lapses. They reflect a larger, structural pattern of gender bias, moralism, and caste–class insensitivity within sections of the judiciary. Whether it is disbelieving women who speak up about sexual violence, minimising the trauma of minors, or failing to acknowledge the societal menace of child trafficking, the judiciary has often been found wanting.

When High Court judges pass orders that reinforce patriarchal tropes—by blaming victims for their clothing, choices, or social behaviour—they not only fail in their legal duty, they do serious harm to the broader struggle for gender justice and equality. Judicial commentary, especially in bail orders, has a real and chilling effect: it silences survivors, deters reporting, and normalises impunity for perpetrators.

The Supreme Court’s recent interventions are therefore significant not only because they correct individual injustices but because they send a strong message to the judiciary. They reaffirm that judicial reasoning must be guided by constitutional morality, not personal prejudices; that courts must be spaces of redress and empathy, not shame and suspicion.

A call for structural reform and judicial sensitisation

These cases point to an urgent need for systemic reform within the judiciary. Mandatory gender sensitisation training for judges, stricter accountability for prejudicial orders, and mechanisms for survivor feedback must form part of the legal reform agenda. Additionally, there must be structural checks on moralistic and casteist reasoning that creeps into court judgments.

The Supreme Court, by publicly pulling up the Allahabad High Court, has sent a rare but powerful message—that justice must not only be done but must be done with sensitivity, dignity, and constitutional fidelity. 

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The post When Courts Fail Survivors: How patriarchy shapes justice in sexual offence against women cases appeared first on SabrangIndia.

This was the situation in several villages of Bali block in Pali district of Rajasthan inhabited by the Garasia tribal community about a decade back. Women were deeply troubled by the increasing drift towards alcoholism which was partly triggered by the proliferation of illegal selling joints in remote villages in addition to the extension of legally sanctioned liquor selling shops or thekas.

In contrast, however, one positive development had also emerged. In recent times an increasing number of self-help groups had been organized in many of these villages, particularly involving women of the Garasia tribal community. While the more obvious aim was to promote savings and economic security, at the meetings of these groups the women also discussed their other serious problems and concerns and whenever they discussed serious problems including violence against women and economic crisis situations, the growing alcoholism emerged as an important cause of these problems in these discussions.

Can we do something to check this ever-increasing problem, these women asked each other in their group discussions, and in the course of these deliberations, some kind of a plan began to emerge.

The women increasingly felt that only small village-level efforts will not be adequate, a bigger impact must be created by planning something that will reveal the depth of their feelings regarding the increasing menace.

After considering many suggestions the women decided that they will get together to organize a very long march covering most of the area over which their villages are located.

To symbolize their unity and their determination for a joint effort, they decided to prepare a pink dress that they would all be wearing in the course of this march. It was also decided that other social reform issues such as reducing child marriages and preventing domestic violence will also be raised during the march to impart a wider social reform dimension to this march, although the core issue will remain that of checking the increasing alcoholism.

This decision of women from weaker section households was very courageous as the legal and illegal sellers of liquor were known to be among the most powerful and violent persons of this region.

Starting early in morning this march of women covered a distance of nearly 25 km and ended at night. As many as about 2000 women participated in this long march.

On the way they smashed up several illegal liquor making bhattis (joints) and illegal selling units. They stopped in front of legal liquor vends and shouted slogans against opening liquor shops even in remote villages.

This march made a big impact on people. The courage of the women in confronting the powerful liquor lobby and mafia was widely appreciated. The increasing drift towards alcoholism could be checked. In addition, there was a reduction in domestic violence.

There was also a lot of follow-up- action in the form of sending representations to the authorities for shutting down illegal liquor selling joints and also making community level efforts for this. There was a continuing dialogue on the highly adverse impacts of increasing alcoholism on the community. All this helped to check the increasing spread of alcoholism.

After the peak of this activity had passed, these women and their groups continued their efforts to check the spread of alcoholism at a smaller level in later years. The result has been that the earlier trend of fast drift towards alcoholism could be checked on a more stable and permanent basis. A recent visit to these villages and conversations with women here revealed that the problem has reduced compared to the worst period seen before the women’s anti-liquor march was undertaken.

Meanwhile these women and their groups have also continued to be active in taking up a range of other important social issues. They continue to remember the march as a very inspirational part of their efforts, one indication of which is that group members have permanently adopted the pink colour dress prepared at the time of the march as their regular dress by which the group members are recognized even now.

The writer is Honorary Convener, Campaign to Save Earth Now. His recent books include Protecting Earth for Children, A Day in 2071 and Man over Machine.   

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Their testimonies have been crucial in exposing state complicity, resisting the erasure of history, and demanding accountability. Yet, their pursuit of justice has been met with intimidation, legal obstruction, and, in some cases, criminalisation. Across these three instances, a grim pattern emerges: the deliberate targeting of women, the systemic failure of institutions meant to protect them, and the extraordinary resilience with which they have fought back.

1984 anti-Sikh pogrom: Survivors bore became the voice of the battle for justice

The anti-Sikh riots of 1984 resulted in the targeted killings of close to 3,000 Sikh men in Delhi alone though the all-India figures are higher. The targeted violence left behind a generation of widows who not only survived brutal gendered violence at the time, but also bore the burden of documenting the atrocities and seeking justice for over three decades. These women, who were often left to fend for themselves by a cruel state apparatus, after witnessing the murders of their male relatives, rose out of the tragedy to become among the strongest voices to reclaim memory and assert the cries for justice. It was their collective voice that ensured that the history of the massacres was not erased. Their testimonies and persistent legal battles formed the backbone of efforts to hold the perpetrators accountable.

The Sikh women who survived the 1984 riots had to overcome the dual trauma of sexual violence and the loss of their families. Many were raped in front of their own children, while others were kidnapped and tortured for days. Their homes were looted and burned, leaving them homeless and destitute. The legal system and government, rather than offering justice, attempted to silence them through intimidation and bureaucratic neglect. Yet, these women refused to let the world forget what had happened.

Women like Nirpreet Kaur, who was 16 when she witnessed her father being burned alive, dedicated their lives to collecting evidence, documenting survivor testimonies, and ensuring that cases against the perpetrators remained alive. Kaur, despite facing police torture, years of imprisonment under false charges, and the loss of two husbands, continued to fight for justice. She meticulously gathered witness statements, encouraged other widows to testify, and resisted repeated offers of bribes and compensation meant to buy her silence.

Similarly, many widows who had lost their husbands and sons stood as the primary eyewitnesses in court. Their testimonies were critical in exposing the involvement of political leaders who had orchestrated the violence. Women who had lost everything, such as Pappi Kaur, who saw 11 of her male relatives burned alive, and Bhaagi Kaur, who was left to raise her children in abject poverty, took the stand despite threats and intimidation. Their courage ensured that the narratives of rape, murder, and destruction remained central to the legal battle.

The state machinery worked relentlessly to suppress the voices of Sikh women. Many were offered financial compensation to withdraw their cases, while others faced direct threats to their lives and families. Witness protection was virtually non-existent, with police officers themselves leaking information to the accused. In one instance, police allegedly warned a witness that her children would be killed if she continued to testify.

Despite these threats, Sikh women continued to push for legal accountability. They filed affidavits, attended court hearings, and worked with human rights lawyers to challenge the impunity granted to perpetrators. Their efforts led to the reopening of cases, the formation of commissions, and, after decades of struggle, the eventual conviction of senior politicians such as Sajjan Kumar in 2018.

The importance of women’s testimonies in the Sikh pogrom

The testimonies of Sikh women were instrumental in revealing the premeditated nature of the violence. Unlike the state’s claim that the riots were spontaneous, these women detailed how mobs were armed with chemicals, iron rods, and torches; how police officers either stood by or actively participated; and how political leaders directed the killings. Their statements also underscored the targeted sexual violence inflicted on Sikh women as a means of communal humiliation.

At the time, after the mob set Darshan Kaur’s husband ablaze, she gathered her three children, the youngest just 15 days old, and ran. In the frenzy, the baby slipped from 19-year-old Darshan’s hands. But there was no time to stop. For the next three days, she and the remaining two children ran from the police station to gurudwara searching for a safe place. Yet she has not given up and remains the haunting yet strong figure for justice for the survivors of 1984.

The fight for justice was long and arduous. It took 26 years for the trial of Sajjan Kumar to even begin, and even then, convictions came only after relentless pressure from survivors like Nirpreet Kaur. Many Sikh widows, facing extreme poverty, had to make painful choices—some accepted financial compensation in lieu of pursuing legal battles, while others withdrew their cases due to fear. Yet, those who persisted forced the legal system to reckon with the atrocities committed in 1984.

Some women were denied even dignified rehabilitation. There is Satpal Kaur, 13 years old and the eldest of four girl survivors at the time. Suddenly from living a normal middle-class life, on November 1, 1984 everything changed. Four members of their family, their father, mother, brother and uncle, were killed and only the four sisters were left alive. As the eldest, Satpal Kaur, was 13 and the youngest girl only four years old at the time, and finally it was Advocate HS Phoolka who helped the legal battle for custody of the girls that was given to the grandfather. Another story about 21 widows, all from one family, who lived in the Sagarpur area of West Delhi near the Delhi Cantonment. On November 1, 1984 a resident of the area suggested that the male members of the family should all take shelter in a tube well room located near their house. The men were locked up in the room ostensibly to save their lives but later the mob was informed of their whereabouts. They came and set fire to the room, roasting the men alive. The youngest of these 21 widows, Manjit Kaur, was just 20 years old and had only been married for two years when tragedy struck. She had no children and after this traumatic incident, did not marry again. For the two and a half decades thereafter, she tried to get a government job to no avail.

The Sikh women who survived the 1984 riots not only bore the weight of personal tragedy but also became the torchbearers of justice. Their documentation of crimes, unwavering testimonies, and refusal to be silenced ensured that the massacre was not forgotten. Though justice came late and in fragments, their fight set a precedent for future struggles against state-sponsored violence. Their resilience remains a powerful testament to the strength of survivors who refuse to let history be rewritten by those in power.

Gujarat 2002: Testifying against unimaginable horror

The Gujarat riots of 2002 marked one of the darkest chapters of communal violence in India. Amidst the widespread bloodshed, women not only bore the brunt of gendered violence but also led the struggle for accountability, documenting atrocities and seeking justice. These women, many of them victims themselves, stood against systemic apathy and intimidation to ensure that the truth was recorded and the perpetrators were held accountable. Their determination played a crucial role in exposing the extent of sexual violence during the riots, despite efforts to erase or suppress these accounts from official records. In one of its shining moments the National Human Rights Commission (NHRC) took suo moto action in Gujarat 2002. The seminal report followed by path-breaking interventions in the Supreme Court of India ensured, in some measure, that other institutions responded with some seriousness.

The gendered violence during the Gujarat riots was unparalleled in its brutality. Women were raped, mutilated, and killed, often in broad daylight; their bodies used as battlegrounds for communal hatred. The systemic nature of these crimes was evident in the way women were specifically targeted, often in public settings, as a means of humiliating the entire community. Survivors, however, refused to let these crimes be erased from history. According to officially admitted records, documented by Citizens for Justice and Peace, 97 women eye-witnesses played a critical role in criminal trials related to the massacres. Despite immense pressure, intimidation, and threats, they deposed before courts, describing the horrifying acts of sexual violence and targeted attacks in explicit detail. State Intelligence Bureau figures admitted to 99 cases of gendered violence though citizen’s efforts put the figure at twice the number.

In cases such as the Naroda Patiya massacre, where over 110 people were killed, and the Gulberg Society massacre, where at least 69 lives were lost, women testified about the gruesome acts of violence they witnessed or endured. These testimonies included accounts of gang rape, public stripping, and the killing of pregnant women and infants. Women described how mobs used iron rods, swords, and petrol bombs to attack them, often displaying a sadistic violent brutality in each of the attacks. The testimonies highlighted the premeditated nature of the mob violence as also the utter complicity of the state, from local police to other authorities.

The struggle to document sexual violence was particularly difficult, as official records often downplayed or omitted these accounts. Women survivors and activists persisted, ensuring that evidence of rape and brutalisation was included in legal proceedings and public records. Forensic reports were often manipulated or withheld, and in many cases, there was an absence of medical documentation due to the fear instilled in victims and their families. Despite these hurdles, women continued to speak out, determined to create a historical record that could not be erased.

Women who stepped forward to testify faced relentless harassment. Many were forced to relocate multiple times due to threats from the accused and their supporters. In some cases, male relatives were pressured to withdraw cases or dissuade women from testifying. Police officers and local authorities often refused to file FIRs or conducted deliberately flawed investigations, further victimising survivors. Women were denied legal representation, forced to relive their trauma in hostile courtrooms, and subjected to humiliating questioning by defence lawyers who sought to discredit their accounts.

Among those who played a pivotal role in this documentation were women like Bilkis Bano and Zakia Jafri, who recently passed away. As survivors, they turned their personal tragedies into a relentless pursuit of justice, ensuring that accounts of gendered violence were not buried under political pressure. Bilkis Bano’s testimony became instrumental in exposing the extent of sexual violence during the riots, as she recounted how she was gang-raped while her family members, including her infant daughter, were murdered. Zakia Jafri, despite losing her husband, former Congress MP Ehsan Jafri, in the Gulberg Society massacre, fought for years to hold state officials accountable for their complicity in the violence. Their struggles, alongside those of many other unnamed women, challenged state complicity and legal apathy, fighting in courts for years to establish the truth. CJP was among the leading groups that persisted over two decades with legal aid for survivors like Zakia Jafri, Rupa Mody, Saira Sandhi (Gulberg case), Bashirabi and others (Sardarpura case) and Farida bano, Shakila Bano and others in the Naroda Patiya case.

Despite multiple attempts to derail these cases, the persistence of women survivors led to rare convictions in some instances. The Supreme Court eventually intervened to move key cases, including the Best Bakery case, outside Gujarat due to concerns over bias and threats to witnesses. This was a direct result of the relentless efforts of women who refused to back down despite knowing the risks involved.

The importance of women’s testimonies in the Gujarat riots

The documentation of violence by women played a crucial role in countering the official narrative that sought to dismiss or minimise the scale of gendered atrocities. In many cases, the state machinery attempted to frame the violence as spontaneous riots rather than a coordinated attack. Women’s testimonies dismantled this argument by providing detailed accounts of how mobs were armed, how attacks were systematically carried out, and how law enforcement agencies either stood by or actively participated in the violence.

The legal battle that followed the riots was long and fraught with challenges. The initial investigations were deliberately botched, with crucial evidence being destroyed or tampered with. Public prosecutors appointed by the state were often affiliated with the ruling party and acted in ways that favoured the accused. Women survivors, however, continued to file petitions, demand re-investigations, and push for special hearings. Their relentless legal advocacy forced the courts to acknowledge the specific targeting of women during the riots and set legal precedents for future cases of communal violence.

One of the most significant impacts of women’s documentation efforts was the recognition of sexual violence as a weapon of communal conflict. Their testimonies became part of a larger movement that called for reforms in how gender-based violence was prosecuted in mass crimes. Women’s organisations, both within and outside Gujarat, used these testimonies to demand accountability at national and international levels, submitting reports to bodies such as the United Nations and the Supreme Court.

The Gujarat riots of 2002 showcased the brutalisation of women, but they also highlighted their resilience. In the face of unspeakable horrors, women survivors fought relentlessly, not just for their own justice but for a historical record that would not allow their suffering to be forgotten. Their testimonies and legal battles remain a testament to the power of resistance, ensuring that gendered violence in communal conflicts does not fade into obscurity. The documentation of these crimes by women survivors forced India’s legal system to confront the role of sexual violence in communal conflicts and laid the groundwork for future legal battles. Their fight continues to inspire generations to confront hate with courage and demand accountability, even against the most formidable adversaries.

Delhi 2020: The weaponisation of the state against women

The communal violence that unfolded in northeast Delhi between February 23 and 26, 2020, was not a spontaneous riot but an orchestrated attack. The violence, which resulted in the deaths of 53 people—40 of them Muslim—was a brutal response to the anti-CAA protests that had mobilised thousands across the country, led significantly by Muslim women. While the state and the media sought to rewrite the narrative, blaming protestors for the violence, women who had witnessed and experienced the attacks fought to document the truth and seek justice. Unlike past instances of communal violence, where survivors slowly found avenues for legal battles, the women of the Delhi riots faced an unprecedented challenge: criminalisation, incarceration, and continued suppression by the state.

The anti-CAA protests, particularly the Shaheen Bagh movement, symbolised peaceful resistance led by Muslim women. However, these women soon became targets. In Jaffrabad, one of the protest sites, women were on the frontlines, protesting discriminatory citizenship laws when mobs, emboldened by political leaders’ inflammatory speeches, launched targeted attacks. Homes and shops were torched, mosques vandalised, and people lynched. Women who led protests, like Ishrat Jahan, Devangana Kalita, Natasha Narwal, Safoora Zargar, and Gulfisha Fatima were arrested under draconian laws, accused of conspiring to incite the violence they had, in reality, been victims of.

Unlike previous instances of communal violence, where women fought prolonged legal battles for justice, in Delhi, they were pre-emptively branded as conspirators and jailed. Gulfisha Fatima, an MBA graduate and grassroots activist, was arrested under FIR 48, initially granted bail, only to be re-arrested under the Unlawful Activities Prevention Act (UAPA), ensuring her prolonged incarceration. To date, she remains in jail, a stark reminder of how the state weaponised the legal system against Muslim women who dared to resist. Gulfisha remains under arrest as an undertrial, without bail to date, five years later.

Similarly, Safoora Zargar, arrested while pregnant, was accused of being a key conspirator despite a lack of evidence. Ishrat Jahan, a former municipal councillor, was denied bail for years, and when granted, it was seen as an exception rather than a norm. Devangana Kalita and Natasha Narwal, founding members of Pinjra Tod, were arrested and re-arrested on multiple charges, illustrating the state’s relentless pursuit of women activists.

Even those who weren’t arrested faced systemic suppression. Police dismissed the testimonies of women who had lost family members and refused to investigate cases that implicated Hindutva extremists. In courts, victims found their cases delayed indefinitely, while those accused of instigating the riots walked free. The judiciary, instead of upholding justice, repeatedly sided with the state’s narrative, making it nearly impossible for Muslim women to seek legal redress.

The importance of women’s testimonies in countering false narratives

The role of women in documenting the 2020 Delhi riots goes beyond legal battles—it is about preserving the truth against deliberate erasure. The mainstream narrative continues to blame Muslim activists for the violence, while the actual instigators remain shielded by the state. The testimonies, photographs, and first-hand accounts collected by women protestors and survivors challenge this state-sponsored narrative and ensure that the history of these attacks is not rewritten.

In contrast to past instances of communal violence, where survivors eventually found some measure of justice after decades of struggle, the women of the Delhi riots face an ongoing battle where justice remains entirely out of reach. With Gulfisha Fatima still in jail after four years and many others continuing to fight baseless charges, their struggle is far from over. Their resistance, however, ensures that their stories remain alive, refusing to let the truth be buried under propaganda and state repression.

The women of the 2020 Delhi riots fought not just against targeted violence but against a state determined to criminalise their very existence. Their documentation of the attacks, their refusal to remain silent, and their continued struggle for justice in the face of legal persecution exemplify resilience. In a system that punishes those who seek accountability, their fight is one for survival, memory, and truth. Their resistance stands as a testament to the unyielding spirit of women who refuse to let history be rewritten by those in power.

Women and their unyielding fight for truth

Women who have fought for justice in the aftermath of communal violence in India have done so against overwhelming odds. They have defied a state machinery that actively seeks to erase their suffering, a legal system designed to delay and deny, and a society that too often treats them as collateral damage. Their fight has not only been about personal justice but about exposing the larger structures of power that enable such violence.

Despite decades of struggle, justice remains a distant dream. In Gujarat, where a handful of convictions took place, the state machinery ensured that most perpetrators walked free. In 1984, justice came too late for many survivors, with key political figures being convicted only after decades of relentless legal battles. And in Delhi, justice is yet to arrive—Muslim women who dared to protest against discriminatory laws remain imprisoned while the instigators of violence roam free.

The stories of these women force us to confront an uncomfortable truth: the state is not merely a bystander in communal violence but an active participant, shielding perpetrators and punishing those who seek accountability. Their resilience in the face of such repression is a testament to their courage. But their continued struggle also serves as an indictment of a system that has failed them at every level. This International Women’s Day, their fight must not only be remembered but actively supported—for justice, for truth, and for the right to resist oppression without fear.

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The post Surviving Communal Wrath: Women who have defied the silence, demanded accountability from the state appeared first on SabrangIndia.

The imam, a religious reformer and an activist, was ambushed by two masked men in a pick-up truck while visiting the southern city of Gqeberha on Saturday. While police have yet to establish the motive for the hate crime, political parties and LGBTQ+ organizations say Hendricks was targeted because he started a mosque in Cape Town for gay Muslims and called for members of the LGBTQ+ community to be welcomed into Islam. And was not deterred by the many death threats he had received over several years.

IMSD stands by the dictum: “No God, gods, goddesses, prophets or saints may be invoked to justify the killing and/or terrorising of fellow human beings”.

A statement issued by the departed Imam’s colleagues at the Center for Contemporary Islam at University of Cape Town said: “His theology was a liberation theology: God is a God of radical love and justice for all human beings. The safe space created by his work brought relief beyond the community of queer Muslims, extending to refugees, people who were homeless, those marginalised without community and belonging, for whom he provided a space of inclusion”.

Deploring the fact some Muslims were condoning the imam’s assassination on social media, the statement bemoaned that “the compounded horror of such violence and brutality has brought into sharp focus the intense homophobia permeating the Muslim community”.

IMSD notes with concern that this intense homophobia permeating the Muslim community is sadly as true of South Africa as it is of the global Muslim community, India included.

We recall our statement issued in March 2023 strongly condemning the concerted effort by the Muslim rightwing in Kerala — including leaders of the Jamaat-e-Islami, the Indian Union Muslim League (IUML), and some Muslim-run websites — to ridicule, vilify, denigrate and demonise Muslims who are part of the LGBTQIA+ community.

IMSD stands in solidarity with the South African colleagues of the departed Imam and fully supports the call by the US-based Muslims for Progressive Values (MPV) on all Muslims worldwide, “to build a culture of tolerance and curiosity for various interpretations of Islam”.

We call on Indian Muslims in particular, who as a community have been relentless targets of hate politics and hate crimes in today’s ‘new India’, to deplore and eschew any hatred or violence in Islam’s name. Signatories:

1. Anand Patwardhan, IMSD, Documentary Film-maker, Mumbai
2. Arshad Alam, IMSD Co-convenor, Columnist, Delhi
3. Askari Zaidi, IMSD, Senior Journalist, Delhi
4. Feroze Mithiborwala, IMSD Co-Convener, Mumbai
5. Ghulam Rasool Dehlvi, an Alim and Fazil (a classical Islamic scholar), having graduated from a leading Islamic seminary of India, Jamia Amjadia Rizvia (Mau, U.P.)
6. Hasan Ibrahim Pasha, IMSD, Writer, Allahabad
7. Javed Anand, IMSD Co-convener, CJP, Mumbai
8. Kasim Sait, Businessman, Social Activist, Chennai
9. Lara Jesani, Advocate, PUCL, Mumbai
10. Madhu Prasad, IMSD, Social Activist, Delhi
11. Mohammad Imran, PIO, USA
12. Muniza Khan, Citizens for Justice and Peace, Varanasi
13. Qaisar Sultana, Home Maker, Allahabad
14. Qutub Kidwai, IMSD, Islamic Feminist/ Peace Activist, Secretary General AMAN International, Mumbai
15. (Prof) Mohammad Sajjad, Historian, AMU, Aligarh
16. (Dr) Shahnawaz Alam, UP
17. Shamsul Islam, Author, Activist, Delhi
18. Sultan Shahin, Editor-in Chief, New Age Islam, Delhi
19. Teesta Setalvad, IMSD, Secretary CJP, Mumbai
20. Zakia Soman, Co-Convener, Bhartiya Muslim Mahila Andolan
21. Zeenat Shaukat Ali, Islamic Scholar, Director general, Wisdom Foundation, IMSD, Mumbai

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The post IMSD condemns the assassination of the world’s first openly gay Imam appeared first on SabrangIndia.

I. Brief history of rape law

Justice Rajiv Shakdher begins his judgment with a historical overview of rape law, emphasising the evolution of the concept of marital rape. He notes that the origins of the Marital Rape Exception (MRE) can be traced back to the doctrine of coverture, which held that a married woman’s legal rights were subsumed by her husband’s. This historical context is crucial for understanding the archaic nature of the MRE, which Justice Shakdher describes as being rooted in a time when women were treated as mere property of their husbands.

II. Separation of powers and judicial restraint

Justice Shakdher addresses the argument that the judiciary should not interfere with legislative decisions, particularly in matters of criminal law. The counsel for one of the intervenors—Men’s Welfare Trust— had argued that if the court were to exercise the powers under Article 226, and strike down MRE, it would have carried out a legislative act thus blurring the Doctrine of Separation of Powers.

Justice Shakdher first establishes via rich case law that in India, the separation of powers is not as rigid as it is in other jurisdictions. Having established it as such, he essentially states that the doctrine does not preclude the judiciary from examining the constitutionality of laws to legislate but to ensure that laws are in compliance with the Constitution (Para 123).

His reasoning behind the court’s power to address the constitutionality of the MRE—against the argument that the Court cannot legislate—is simple and to the point. He states that Article 13 empowers courts to declare void any laws that contravene Part III (Fundamental Rights). Therefore, according to Justice Shakdher, the court’s power includes, as in this case, the authority to deem a law or provision unconstitutional. He states as follows: “The submission that the issues involved concern a policy decision which, in turn, requires wide ranging consultations with members of the public and domain experts misses, if I may say so, the wood for the trees inasmuch as it fails to accept that what the court has before it is a legal issue i.e., whether or not the impugned provisions (which includes MRE) violate a married woman’s fundamental rights conferred under the Constitution.” (Para 125)

Justice Shakdher rejects the notion that judicial restraint should prevent the court from examining the constitutionality of the MRE. To let it be handled by legislature which actually has the means to conduct consultations with a diverse set of stakeholders, it is not an economic/policy issue. According to him, it is a legal issue with alleged violations of fundamental rights and “Side-stepping such issues would be akin to the court seeking “an alibi” for refusing to decide a legal controversy, which it is obliged in law to decide.” (Para 127)

III. Ambit of section 375 of the IPC-Article 14 Test

Justice Shakdher analyses Section 375 of the Indian Penal Code (IPC), which defines rape. He emphasises that rape’s unlawfulness hinges on whether sexual acts were consensual. Section 375’s Clauses (a)-(d) ignore marital status. They apply to all forced sexual acts, except when the offender is a husband. Similarly, married women cannot file criminal charges against their husbands under these clauses. (Para 135.2)

Justice Shakdher identifies consent as central to Section 375. He then examines the Marital Rape Exception (MRE), which treats married and unmarried individuals differently. He concludes MRE violates Article 14 of the Constitution. Why? He applies the Article 14 test: a law’s “intelligible differentia” (clear distinction) must rationally connect to its object. MRE’s marital distinction, he argues, has no rational nexus to Section 375’s goal of criminalizing non-consensual acts. (Para 137.1)

Instead of treating MRE and Section 375 as separate, the judgement treats MRE against Section 375’s core objective. He finds MRE fails this test, as it exempts husbands from liability without justification.

Justice Shakdher’s reasoning behind striking down the Marital Rape Exception (MRE) is compelling not just for its legal soundness but also for the sheer weight of real-life examples he brings forth. His judgement does not merely counter Justice Hari Shankar’s argument that marriage creates a sexual expectation—it systematically dismantles the sexual expectation argument by highlighting multiple instances where a married woman is denied agency over her body, even in situations where fundamental rights to dignity and health should prevail.

One of the most striking aspects of his judgment is his reference to instances where a married woman’s lack of consent is disregarded: when her husband has a communicable disease, when she is unwell, or when the husband is involved in gang rape with co-accused. These examples puncture holes in the argument that marriage inherently implies perpetual consent. As he illustrates:

• Forced sex outside marriage is recognised as “real rape,” yet the same act within marriage is deemed something else.
• A chaste woman or a young girl is more likely to be considered a victim, but a married woman is not.
• A prior sexual relationship is regarded as a reasonable defense on the assumption of consent, yet a married woman’s consent is not even put to test.
• A sex worker has the legal right to refuse sex, but a married woman does not.
• In cases of gang rape where the husband is involved, the co-accused faces the full force of the law, while the husband is exempt merely due to his marital status.
• A married woman has no legal protection even when her husband has a communicable disease or when she herself is unwell. (Para 137.1)

However, Justice Shakdher’s judgement does not stop with disproving the idea of absolute and perpetual sexual expectation in marriage. It goes a step further, challenging the very notion that the State has a legitimate interest in protecting a marriage that functions as a site of tyranny. His judgment is uncompromising in its stance that when husbands are raping their wives, the law cannot seek to preserve such a structure. In his words:

“When marriage is tyranny, the State cannot have a plausible legitimate interest in saving it.” (Para 137.1)

This statement alone renders MRE indefensible under Article 14. The classification between married and unmarried women is not just arbitrary but actively unjust. He applies the test of reasonableness from Slattery v. Naylor (1888) and Kruse v. Johnson (1898), concluding that MRE is manifestly unjust and oppressive. He states:

“If one were to apply the aforesaid test the only conclusion that can be drawn is that the classification between married and unmarried couples in the context of forced sex is not just unequal in its operation but is also manifestly unjust. MRE, in my opinion, is also oppressive as it can find no justification in the minds of reasonable men, for lawmakers could never have intended to make such a law.” (Para 138)

Justice Shakdher critiques the over-reliance on the test of classification, arguing that courts must go beyond rigid categorisation and examine how a law actually operates on the ground. The real effect and impact on those subjected to it must take precedence over remote or indirect consequences, his judgement states, relying on Anuj Garg & Ors. v. Hotel Association of India & Ors.^[2] The Doctrine of Classification must ultimately serve the core principle of equality, not override it. (Para 140)

Applying this to MRE, he highlights its immediate and glaring impact: an unmarried rape survivor can seek protection under various IPC and CrPC provisions, but a married woman is denied the same safeguards. She cannot benefit from identity protection (Section 228A IPC), medical examination provisions (Sections 53A, 164A CrPC), gender-sensitive trial procedures (Sections 26, 154, 161, 309 CrPC), in-camera trials (Section 327 CrPC), or mandatory medical aid (Section 357C CrPC).

He states as follows while declaring the MRE to be violative of Article 14 of the Constitution:

“The fact that the law does not operate even-handedly for women who are similarly circumstanced i.e. subjected to forced sex is writ large and no amount of legal callisthenics will sustain MRE. Therefore, in my view, MRE is bad in law as it violates Article 14 of the Constitution.” (Para 141.1)

IV. On other arguments

Justice Shakdher dismantles the argument that MRE is justified because other IPC provisions are also relationship-based. He clarifies that while some laws exempt spouses from prosecution (e.g., Sections 136, 212, 216, 216A IPC), these apply only to harboring offenders, not committing offenses against a spouse. MRE, however, shields the husband precisely because he is the perpetrator, making the comparison fundamentally flawed.

He also rejects the claim that married women have alternative legal remedies under IPC and other statutes. Section 498A (cruelty), Section 304B (dowry death), and Section 306 (abetment of suicide) do not address rape—they deal with specific forms of abuse. Even the Domestic Violence Act (D.V. Act), while recognizing sexual abuse, does not criminalize marital rape. Instead, it provides civil remedies like protection orders and financial relief but denies the survivor the ability to prosecute her rapist husband under Section 376(1) IPC.

The result? The judgement points out to a glaring legal loophole where a wife can report every other crime committed by her husband except rape. This exposes the hollowness of the claim that existing laws protect married women against sexual violence.

V. MRE violates Article 21 of the Constitution

Justice Shakdher asserts that the MRE violates Article 21 of the Constitution, which guarantees the right to life and personal liberty. He argues that the MRE undermines a woman’s right to bodily integrity and autonomy by immunizing husbands from prosecution for non-consensual sexual acts within marriage.

Justice Shakdher states, “The right to withdraw consent at any given point in time forms the core of the woman’s right to life and liberty which encompasses her right to protect her physical and mental being. Non-consensual sex destroys this core by violating what is dear to her, which is, her dignity, bodily integrity, autonomy and agency and the choice to procreate or even not to procreate. While marital rape leaves physical scars, it inflicts much deeper scars on the psyche of the victim which remain with her years after the offence has occurred.”  (Para 163)

Therefore, denying a married woman the right to legally recognize rape by her husband strikes at the core of her right to life and liberty under Article 21.

VI. MRE Violates Articles 15 and 19(1)(a) of the Constitution

Justice Shakdher also examines the MRE’s impact on Articles 15 and 19(1)(a) of the Constitution, which guarantee protection from discrimination and the right to freedom of expression, respectively. He argues that the MRE perpetuates gender discrimination by treating married women differently from unmarried women.

Justice Shakdher states, “The guarantee of freedom of expression includes a woman’s right to assert her sexual agency and autonomy. The fact that this right is also secured by Article 21 (which is available to non-citizens as well) lends strength to the right conferred on a married woman to express herself and not be subjected to non-consensual sexual intercourse by her husband.”  (Para 166.1)

VII. Presumption of constitutionality of pre-constitutional statutes

The judgment addresses the presumption of constitutionality concerning pre-constitutional laws like the IPC, asserting that such laws are not immune from constitutional scrutiny. While Article 372 saves pre-constitutional laws, it does not shield them from being tested against fundamental rights under Articles 14, 15, 19(1) (a) and 21.

The judgment acknowledges the argument from Navtej Singh Johar vs Union of India and Joseph Shine that pre-constitutional statutes do not enjoy an inherent presumption of constitutionality.[3]

Further, the judgement emphasizes the evolving nature of constitutional interpretation. Relying on Anuj Garg, it holds that laws, even if constitutional at inception, can become unconstitutional due to societal changes. Thus, outdated legal provisions must be reassessed to align with contemporary constitutional values. (Para 172.1)

VIII. Foreign decisions, international covenants, and Indian parliamentary reports

The judgment pushes back against objections to relying on foreign decisions and international covenants, pointing out that legal systems worldwide have already moved past the idea that marriage grants immunity from rape. Cases like CR v. UK (ECHR) and People v. Liberta (New York Court of Appeals) make it clear that the marital rape exemption has no place in modern law. Courts in Nepal and the Philippines have also ruled that forced sex in marriage is still rape, reinforcing that consent does not become irrelevant after marriage.

It recognises the importance of international conventions like CEDAW and the Beijing Declaration emphasize gender equality and protection against sexual violence, making it clear that MRE goes against India’s global commitments. Courts in India have previously used international law to interpret domestic statutes, and the judgment follows that precedent.

As for parliamentary reports, multiple committees—including the Justice Verma Committee—have called for scrapping MRE. The fact that the legislature hasn’t acted doesn’t mean courts can’t step in. Navtej Singh Johar made it clear that legislative inaction is a “neutral fact” and doesn’t block judicial review.  The judgement recognises this and follows the same principle.

IX. On miscellaneous issues

Conjugal expectations and marital rights

The judgment critiques the notion of “conjugal expectation,” clarifying that while legitimate during a harmonious marriage, it cannot equate to an unfettered right to non-consensual sex. It references Section 9 of the Hindu Marriage Act (HMA) and Order XXI Rule 32 of the Civil Procedure Code (CPC), noting that even restitution decrees for conjugal rights cannot mandate consummation. The law must respect marital consent, not impose obligations. (Para 146)

Marriage as an institution vs. individual rights

The judgment rejects the argument that excluding marital rape from Section 375 IPC protects the institution of marriage. It emphasizes that marriage is a union of individuals rooted in mutuality, respect, and autonomy. When these principles are violated, the institution collapses. The state’s role is limited to recognizing/dissolving marriages via laws like the HMA, Domestic Violence Act (D.V. Act), and IPC provisions (Sections 375–376B), not shielding perpetrators of sexual violence (Para 148.3).

Labeling marital rape as “rape”

The judgment argues that sexual assault by a husband falling under Section 375 must be labeled as rape to reflect societal disapproval. It critiques societal stigma against victims, not perpetrators, and dismisses the distinction between marital rape and other IPC offenses (e.g., hurt under Sections 319–323, cruelty under Section 498A). Labeling is critical for legal accountability. (Para 149)

False cases and empirical evidence

The judgment refutes fears of false cases, citing National Family Health Survey (NFHS-4) 2015–16 data showing 99% of sexual assaults go unreported. It dismisses the argument as exaggerated, noting courts handle false complaints under IPC provisions like Section 498A (Para 151). The state’s interest in protecting women from abuse outweighs unfounded concerns about misuse.

Here too, we can see the contrast in Justice Rajiv Shakdher’s judgement and Justice Hari Shankar’s judgement in terms of reliance on data. As mentioned in our analysis of Justice Harishankar’s judgement, his analysis lacks empirical data or backing of scholarly work when he asserts that rape by a stranger and non-consensual sexual activity by a husband are not equal in the terms of the psychological trauma they inflict on the woman.

Invasion of the private sphere

The judgment rejects claims that prosecuting marital rape invades private marital space. It distinguishes rape from other marital crimes (e.g., cruelty, hurt) by emphasizing constitutional rights. Citing Joseph Shine vs Union of India (2018), it holds that privacy cannot shield rights violations, and marital intimacy is not exempt from constitutional scrutiny (Para 152).[4] The judgment dismisses arguments about evidentiary difficulties, equating marital rape to other private-space crimes. 

Conclusion

Justice Rajiv Shakdher’s judgment in RIT Foundation is a masterclass in constitutional adjudication, dismantling the marital rape exception (MRE) not merely as a legal anomaly but as a moral affront to India’s republican ethos. By anchoring his analysis in the lived realities of women—where marriage becomes a license for tyranny—he transcends abstract doctrinal debates to expose the MRE’s core flaw: its reduction of women to chattel, stripped of autonomy, dignity, and bodily integrity.

Justice Shakdher’s reasoning is a rebuke to judicial timidity. He rejects the facile argument that courts must defer to legislative “policy choices,” reminding us that the judiciary’s duty is to safeguard fundamental rights, not shield regressive laws from scrutiny. His invocation of Article 13—declaring unconstitutional any law that violates Part III—is a clarion call for courts to actively engage with societal evolution, rather than entombing themselves in the formalism of “separation of powers.”

The judgment’s brilliance lies in its refusal to treat marriage as a sacred cow. It dissects the MRE’s “conjugal expectations” myth, revealing it as a fig leaf for systemic misogyny. By contrasting the legal protections afforded to unmarried rape survivors with the abject denial of justice for married women, it lays bare the MRE’s arbitrary cruelty.

Yet, Justice Shakdher’s verdict is more than a legal victory; it is a philosophical manifesto. His assertion that “when marriage is tyranny, the State cannot have a legitimate interest in saving it” challenges the very premise of a legal regime that prioritizes familial “stability” over individual rights. This is not merely about criminalizing marital rape—it is about redefining marriage itself as a partnership of equals, not a hierarchy of domination.

In contrast, Justice Hari Shankar’s deference to legislative inaction and his elevation of marriage as an institution above constitutional rights represent a jurisprudential throwback, clinging to a vision of the law as a tool for social control rather than liberation. The split verdict, therefore, is not merely a clash of legal opinions but a microcosm of India’s broader struggle between tradition and transformation.

Justice Shakdher’s judgment is a testament to the Constitution’s living spirit—a reminder that rights are not mere parchment promises but living guarantees that demand constant vigilance. By striking down the MRE, he does not merely correct a legal wrong; he reaffirms the judiciary’s role as the Constitution’s moral compass, ensuring a future where no woman’s body is subjected to patriarchal entitlement. In doing so, he invites us to reimagine justice not as a compromise between competing interests, but as an uncompromising commitment to human dignity.

(The author is part of the legal research team of the organisation)

[1] 2022 SCC OnLine Del 1404

^[2]  (2008) 3 SCC 1

[3] (2018) 10 SCC 1

[4] (2019) 3 SCC 39

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