As the country takes to the streets in justified fury over the horrific rape and murder of a 31-year-old woman doctor at Kolkata’s RG Kar Medical College and Hospital on August 9, 2024, two recent cases of rape involving minor Dalit girls in Uttar Pradesh and Bihar have been met with a deafening silence. These brutal crimes, reported after the Kolkata tragedy, have failed to ignite the same level of public outrage.

This glaring disparity forces us to confront a disturbing truth: Where is the outrage when the victims are Dalit women? Why is their suffering met with indifference? This is a shameful reflection of how deeply entrenched casteism and discrimination remain in our society.

Bihar: Minor Dalit girl abducted, gang-raped and killed

An unprecedented low in Bihar’s deteriorating law and order situation was reportedly reached when a 14-year-old Dalit girl was kidnapped from her home, gang-raped, and killed in the Muzaffarpur district. The girl, a Class IX dropout, was forcibly taken away on the night of August 11 from her house in Paroo police station area in the presence of her parents. On the morning of August 12, a Monday, her body was discovered in a pond, partially nude. Her body was covered in several wounds and bloodstains, and she had her mouth taped shut.

Speaking to the media, the girl’s mother spoke about the incident by stating “Five persons, including a person called Sanjay Rai, abducted my daughter on Sunday night threatening to rape her. We could do nothing out of fear. We found her body next morning in a pond outside our village”. The mother of the minor deceased girl said that accused Rai, who was already married, had been harassing her daughter to get married to him. “He threatened to kill her when we refused,” she said.

Satyahindi.com carried reports of the murder-rape in Muzaffarpur rightly focussing on it along with the Bengal crime.

A 14-year-old #Dalit girl was allegedly abducted from her house, gang-raped and killed in #Muzaffarpur district, marking a new low in the deteriorating law and order situation in #Bihar.

The girl, a Class IX dropout, was forcibly taken away on Sunday night from her house in… pic.twitter.com/TagrRklWUk

— Hate Detector (@HateDetectors) August 15, 2024

The enraged locals have threatened to stage a protest at the Paroo police station and use road blockades in the event that the offenders are not apprehended promptly. As per the information provided on social media, an FIR has been registered against the five accused. As per the media coverage, Muzaffarpur senior superintendent of police Rakesh Kumar has stated that “Injuries from a sharp weapon have been found on the dead girl’s neck, head and palms. We have collected evidence with the help of a forensic team and the dog squad. A khurpi (small gardening spade) used in the murder has been recovered. Raids are being conducted to arrest the accused”. The police said they would not be able to confirm the gang rape till they received the post-mortem report.

It is essential to note that no mainstream media has covered this news.

Minor Dalit girl raped by government official

On August 12, a 57-year-old government official was arrested for allegedly raping a 6-year-old Dalit girl in her home in Bulandshahr, Uttar Pradesh. The accused, Gajendra Singh, who served as an Agriculture Development Officer, has been arrested and suspended from his position.

The rape has been alleged to have taken place when the parents of the victims were not at home. The accused took advantage of the absence of adults, and allegedly entered the victim’s home while she was playing with a neighbour’s child. The neighbour’s child recorded the horrific act on their mobile phone. As per a report of Maktoob Media, the victim’s father, who is a Dalit farmer, narrated the incident by providing that “My daughter, who opened the door, told him not to come in as there was no one else in the house. The kid goat was tied to a pole. The incident took place around 5 pm. Singh had visited our house previously for work. On Monday, he didn’t listen to my daughter and instead sat down on the charpai.”

The Dalit farmer “My daughter will never be able to live a normal life now? He (accused) should be given the strictest punishment,” he added.

A complaint was filed with the police the following morning. The accused is charged with sexually assaulting the minor girl and then engaging in bestiality with a goat on the property. According to police, Singh has been charged under several serious laws based on the complaint filed. These include the SC/ST Atrocities Prevention Act, the POCSO Act, Section 65(2) of the Indian Penal Code (Bharatiya Nyaya Sanhita), and the Prevention of Cruelty to Animals Act.

After the incident came to light, the Chief Minister of Uttar Pradesh, Yogi Adityanath, took serious cognizance of the matter and accused official has been suspended, and a departmental inquiry has been initiated. Additionally, the state government has announced financial assistance of 8.25 lakh for the victim’s family under various schemes.

The Maktoob Media report states that the Chief Minister has directed the Senior Superintendent of Police (SSP) of Bulandshahr and the District Magistrate to visit the village, offer support to the victim’s family, and oversee the investigation.

It is crucial to note that the victim is currently stable and undergoing medical examinations. Speaking to the media, the Senior Superintendent of Police, Shlok Kumar, has confirmed the arrest of the accused and stated that a thorough investigation is underway.

No outrage on sexual violence against Dalit women?

Violence against Dalit women often remain underreported in mainstream media due to deeply entrenched caste biases and systemic discrimination in society. The media in India, which is often dominated by upper-caste narratives, tends to marginalise issues affecting the Dalit community. This bias is compounded by a lack of representation of Dalits in media organisations, which leads to a skewed focus on issues affecting more privileged groups. As a result, the horrific violence faced by Dalit women is frequently overlooked or minimised, failing to receive the attention it deserves. This exclusion from mainstream discourse perpetuates their vulnerability and invisibility.

The absence of widespread protests against violence targeting Dalit women is closely tied to the caste-based social hierarchy that continues to shape societal responses to injustice. In many cases, the dominant caste groups have significant influence over political and social institutions, including law enforcement, which discourages or suppresses public outcry. Additionally, there is often a lack of solidarity from other marginalised groups, who might not fully recognise the intersecting oppressions faced by Dalit women. The pervasive apathy and normalisation of caste-based violence create an environment where atrocities against Dalit women are met with silence rather than the collective outrage that might be seen in cases involving more socially privileged groups.

Related:

India’s cry for justice: The brutal Kolkata rape-murder of a young doctor has ignited nationwide protests on the eve of the 78th Independence’s Day

India’s flawed rape laws: a betrayal of equality

Horrifying instances of rape in MP and Mahrashtra, accused booked under POCSO

The post Caste and Indifference: Two separate incidents of rape against minor Dalit girls in UP and Bihar receive no media coverage, protest or outrage appeared first on SabrangIndia.

The police made arrests after they received a complaint at the Mandawali Police Station from the family of the victim.  The harrowing incident occurred on March 20, at the home of a tuition teacher in Pandav Nagar, East Delhi, according to police reports.

The victim was referred to AIIMS for treatment. The following day of the incident on March 24, Delhi Minister Atishi had written a letter to Lt Governor V K Saxena and urged for strong and quick action against the perpetrator of the assault and to provide a safe environment for women in Delhi, “Today I am writing to you not just as a minister, but as a woman who lives in Delhi. Article 239AA of the Constitution gives you the responsibility of police and public order. Kindly ensure that swift and strongest possible action is taken against the perpetrators of this horrendous crime.”

दिल्ली के पांडव नगर इलाक़े में 4-साल की बच्ची के साथ बलात्कार हुआ है। इससे ज़्यादा वीभत्स अपराध क्या हो सकता है?

LG साहब: दिल्ली की महिलाओं और बच्चियों की सुरक्षा आपकी संवैधानिक ज़िम्मेदारी है। इन अपराधियों को तुरंत सज़ा होनी चाहिए, और सख़्त-से-सख़्त सज़ा होनी चाहिए।

एक महिला… pic.twitter.com/N3kwOrYL29

— Atishi (@AtishiAAP) March 24, 2024

Following the news of the incident, a huge crowd of hundreds of people had gathered outside the accused’s residence the following day. The crowd started protesting for police action and soon the demonstration turned violent as protesters damaged vehicles in the vicinity.  The Delhi Police had to deploy additional police personnel to maintain law and order.

DCP East Delhi Apoorva Gupta has debunked rumours, and has claimed contrary to rumours saying that the victim’s health is critical, the child is doing well under recovery. Furthermore, on April 1, DCP Gupta told ANI that the local residents of Pandav Nagar had organised a Mahasabha, a public meeting, with the police officials’ presence and told them of their demands. The police have stated that they will consider the demands and undertake all necessary steps in the case.

Ten days after the incident, the ANI reported the name of the alleged rapist as Appu. However, apart from this no other information about the identity of the teacher and accused has not been disclosed by the media so far. It has been observed that if the accused is of a minority community, then the entrenched commercial (especially television and social) media is noted to publish the name of the accused in its reports immediately after an incident which often leads to social media becoming rife with stereotypes about minority groups as a whole. However, no online campaign has followed the incident against the accused in this case.

According to the latest yearly report by the National Crime Records Bureau (NCRB) released in December 2023 titled Crime in India 2022, crimes reported against women and children have increased exponentially over the years. Around 445,256, cases were registered in 2022 alone for crimes against women, which averaged at about nearly 51 FIRs every hour, as per a report by The Hindu’s Frontline. Meanwhile, cases under the Protection of Children from Sexual Offences (POCSO) Act 2012 have witnessed a huge rise, of about 94 % in the past six years, from 2017 to 2022, according to reports. Uttar Pradesh recorded the highest number of reported offences under the POCSO Act with 8136 out of 63414 total cases.

In relation to crimes against women, Delhi was ranked at number one among 19 metropolitan cities in India with regards to reported rape cases and fifteen percent of the total cases come from Uttar Pradesh, which borders Delhi. On a daily average, the city witnessed three rape cases daily and reported having a total of 1,212 registered sexual assault cases.

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US advises American tourists to exercise caution due to cases of sexual assault and terrorism in India

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The victim, who hailed from Chirohi village, Sidhi district, was reportedly killed on the night of August 24 under brutal circumstances. According to Sidhi Police Superintendent Ravindra Verma, two suspects, identified as Dheeraj Singh and Dharmendra Singh, were apprehended in connection with the crime. The accused, belonging to the dominant Thakur caste, has allegedly confessed to the gruesome act, according to Nai Dunya.

Report further suggest that the young girl had been consistently rejecting the sexual advances of Dharmendra Singh, the primary accused and thus, enraged by alleged rumours of her involvement with a neighbour, Dharmendra, accompanied by an accomplice forcibly entered the victim’s home at midnight. The police allege that they dragged the young child to another room and strangled her to death.

While the police have lodged an FIR under Section 302 (Murder) of the Indian Penal Code, allegations of more heinous acts have surfaced. Tribal activist Vivek Kol, who recently resigned from the BJP in protest against such incidents in July this year, has claimed that the victim was raped, brutally assaulted, and even had her eyes gouged out. Activists and the victim’s family demand that the charges be extended to include Protection of Children from Sexual Offences (POCSO) and rape sections. Kol has further voiced his demand for justice and has also urged authorities to bulldoze the homes of the accused and ensure that all aspects of the crime are thoroughly investigated.

Tribal Activists Call for Stern Action

“The person who attacked her also tried to sexually assault her. The girl was young, so he should be charged under the POCSO Act. And the government should bulldozed his house.” – Vivek Kol, leader and tribal activist @vivek_koley pic.twitter.com/B6PU4IrQQU

— Anil Tiwari (@Anil_Kumar_ti) August 27, 2023

The tragedy comes as part of a distressing trend of hate crimes against tribal and Dalit communities in the country, in which a number of cases have been reported from Madhya Pradesh. This incident follows closely on the heels of several other shocking events, including the incident from July earlier this year where a video appeared in which a tribal man is seen being urinated on. Pravesh Shukla’s house was demolished in the state. Shukla was caught on camera abusing and urinating upon the tribal in the very same district, Sidhi. The video had gone viral and had garnered much condemnation.

Related:

In Madhya Pradesh, Claims Don’t Match Reality of Crimes Against Dalits

Atrocities against SCs and STs show an increasing trend in Odisha: NCRB report 2021

No country for Dalits: brutal incidents of violence against Dalits in the last week of August

Recent report provides 400 incidents of violence against Christians since January 2023, 155 reported in UP alone

The post Brutal rape and murder of tribal child in MP receives no headlines appeared first on SabrangIndia.

Background:

The survivor boy used to take coaching classes from the accused person. But he started to sexually assault the boy whenever his mother was not present.

The accused tuition teacher was booked under Section 6 of POCSO read with Section 506 of the Penal Code, 1860 (IPC). He was convicted by the lower Court and hence filed an appeal.

Court held:

The Court noted that the survivor boy’s testimony to the doctor and in the trial court was consistent.

 Further, the court noted, “however depraved a person may be to sexually molest another person, he may not be foolish enough to indulge in such an act in open public view. Such offences are committed stealthily or surreptitiously when the survivor is alone or by luring the survivor to a secluded spot.” (Para 19)

The testimony of the boy was completely reliable and it was further corroborated by his medical examination through which evidence of sexual assault was found.

The court also noted that the accused should stop taking the defence of lack of witnesses to sexual assault/ rape. The court said that it is difficult for a child to cook up such stories out of nothing and for the same to be consistently repeated.

“When the survivor is a child, it is difficult to imagine that a story would be conjured up out of nothing and the same would be consistently repeated. Thus, when the survivor is a child of, say, up to 11-12 years of age, unless the court finds the child to be precocious enough to make out a story and consistently repeat the same, the fact that there may not have been any witness to the incident of sexual assault may not, by itself, let the accused off the hook.”(Para 20)

 The High Court did not find any merit in the appeal and upheld the decision by the Trial Court.

Significance of the Judgment:

Section 6 of POCSO discusses the punishment for penetrative sexual assault which ranges 20 years to life imprisonment or death. While section 506 IPC provides punishment for criminal intimidation for two years; or fine.

This judgment is quite significant since, as the court rightly noted, the accused are usually let off the hook for lack of witnesses for their acts. At a time when wrestlers are protesting against inaction/ slow action by the Delhi Police against multiple allegations against the Wrestling Federation of India (WFI) Chief, Brij Bhushan Sharan Singh. 10 complaints of molestations and 2 FIRs have been recorded against him. Out of this, one of the survivors is a minor girl and the case has been filed under POCSO Act for aggravated sexual assault.

Aggravated sexual assault is defined under Section 9 and 10 of the POCSO Act. The punishment for which is no less than five years.

The offences under POCSO are cognizable and non-bailable and the accused are usually arrested. A Supreme Court lawyer, Aparna Bhat was quoted by the Print as saying,
“The reason an offence gets identified as aggravated is because of the position a person is holding, because it is a position of trust, and a position of authority in an organisation. In this case, there was a position of trust because he held an official position in an organisation which was supposed to be looking after these wrestlers. These people also knew who this person was, so there are two positions of trust that the accused would have allegedly violated…. Ordinarily, in such cases, the police take action and the person is identified. And then they have to take formal bail from the court.”

The Meghalaya High Court judgment may be read here:

Related:

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“I changed my statement because I was scared, my family is living under constant threat”: father of the minor wrestlers’ complainant

Protesting wrestling champs meet union sports minister, 2nd meet with govt in 5 days

FIRs suggest wrestlers had informed PM about their repeated sexual trauma in 2021

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Protests and Mahapanchayats announced in support of the protesting wrestlers, 5 days given till medals are immersed in Ganga River

Wrestler Protest: Law student moves NHRC, files complaint over the detention & brutal police action against protesting wrestlers

The post POCSO: lack of witness not a ground for acquittal, says Meghalaya HC appeared first on SabrangIndia.

A special POCSO Court in Patna sentenced a school principal to death for raping an 11-year-old student of the school. Additional Sessions Judge Awadhesh Kumar sentenced the teacher who conspired with the principal by video shooting the incident and blackmailing the girl to life imprisonment.

The case was that the 11-year-old girl was regularly called by the principal of the school under pretext of checking her handwriting and sexually abused a few times, while the other accused, a teacher at the school videographed the incident to blackmail the girl. As a result of this incident, the girl was impregnated. It was also stated that the offence was committed by holding the girl at knife point.

The accused took the defence that due to non-payment of School fee, by the parents of the victim, an altercation arose and the accused persons were falsely implicated in this case.

The court, after perusal of evidence and material brought on record, held both, the principal as well as the teacher to be guilty of gang rape on woman under 12 years of age under section 376 of IPC, aggravated penetrative sexual assault under section 5 and section 6 of the Protection of Children from Sexual Offences Act, as well as section 120B (criminal conspiracy) and 506 (criminal intimidation) of IPC.

While considering the sentencing of both convicts, the court cited Supreme Court judgement in State of Madhya Pradesh v. Babbu Barkar @ Dalap Singh 2005 (2) J.C.C. 1138 wherein it was held that “Justice demands that Courts should impose punishment befitting the crime so that the Courts reflect public abhorrence of the crime. The Court must not only keep in view the rights of the criminal but also the rights of the victim of rape and society at large while considering the imposition of appropriate punishment.”

The court observed that “legislative amendment to provide for a greater sentence, for an aggravated penetrative sexual assault on a child, reflects the conscience of the society and its higher degree of intolerance towards such offences”.

The court while considering the quantum of the sentence cited Sewaka Perumal v. State of Tamil Nadu [(1991) 3 SCC 471)] whereby the apex court had held that, “Undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law, and society cannot long endure under serious threats… It is, therefore, the duty of every court to award proper sentence having regard to the nature of offence and the manner in which it was executed or committed etc.”

The court thus sentenced the principal to death for commission of rape and other offences, and the teacher, who was convicted for conspiracy and acting with common intention was sentenced to life imprisonment. A fine of Rs. 50,000, to be paid to the survivor.

The court, further, awarded Rs. 15 lakh as compensation to the survivor in accordance with Protection of Children from Sexual offences Rules, 2020, as well as Bihar Victim Compensation Amendment Scheme, 2019. The court observed that while upper limit for compensation in case of gang rape is Rs. 10 lakh, since the girl was 11 years old she was entitled to 50% enhanced compensation.

The court directed that a reference to Patna High Court be sent for approval of the death sentence imposed on the convict.

In conclusion, the court also appreciated the professional acumen with which Bihar police conducted the investigation.

Related:

Uttar Pradesh: Where women live in fear

Unnao: Dalit girls found tied up in fields; 2 dead, 1 critical

Relationship with 16-year-old girl not unusual, POCSO accused adult gets bail

The post Patna school principal sentenced to death for raping 11-year-old girl appeared first on SabrangIndia.

 
Aligarh
The horrific rape and murder of a two-year old girl in Aligarh generated widespread protests, targeted hate, and a near riot like situation in Aligarh, despite the fact that the police took prompt action and arrested the accused. In a similar case in Meerut that occurred on June 4, there is no national debate or outrage and, barring a few Hindi publications, very few mainstream media houses have even carried the new.  Could this be because in the case of Meerut, the victim child (as also the neighbouring accused) is also a Muslim?Hours of television time in one instance and a one column report, or silence, in the other. Why?

The Case of Aligarh: What Happened?
On May 30, a two-year old girl went missing from her house in Tappal village and a missing complaint was lodged by the parents the next day. Two days later, on June 2, her body was found at a garbage dump by a sweeper on the outskirts of Aligarh, UP. Her body was brutally damaged with her arms broken. Initially the police suspected a case of rape and murder, however, the post-mortem report ruled out rape.

Case Status:
Zahid and the other accused, Aslam, lived less than half a kilometre away and knew the victim’s family well. So brazen was their act of “revenge”, says the police, that they left the body at the garbage dump near their house. The police say Zahid had taken a loan of Rs. 50,000 from the girl’s grandfather and still owed him Rs. 10,000, over which the two had a fight two days before the child was kidnapped. Zahid, the girl’s family alleges, had threatened revenge for his “humiliation”. He allegedly got his partner to help him hide the body.

The Aligarh police say the child was strangled. Stringent charges under the Protection of Children from Sexual Offences (POCSO) Act have been added against the two accused and immediate arrests were made. Zahid’s wife and brother were also arrested on Saturday. Notably, the police have said that Aslam had allegedly raped his own daughter five years ago and had been, since, out on bail.

A senior police officer, Akash Kulhari, has also said that given the gravity of the case, it will also be investigated under the National Security Act (NSA), an anti-terror law that enables detention of suspects who pose a threat to national security for a year, without recourse to any remedy. Further, five policemen, including the station house officer, have been suspended for negligence after they failed to take any immediate action on the missing complaint filed by the victim’s family.

A six-member SIT has been formed to investigate the case and a female inspector has been appointed to carry forward the probe.

No advocate for the accused:
Public anger ran high and commercial television channels and their anchors went out on a limb to prove their ‘Hindu-ness.’
Senior journalist, Bhupendra Chaubey, had also posted a communal tweet in reference to the Aligarh rape case, which was deleted later after he faced severe backlash from his peers like veteran journalist Mrinal Pande who tweeted, “Bhupendra, a rapist is a rapist is a rapist. Period. As a senior, influential journalist, please desist from underscoring a rapist’s religion. This sort of casual  generalisation unfairly stigmatises a whole community in these edgy times and is totally uncalled for.”

Under this mass media and social media spawned rage, the Aligarh Bar Association has, reportedly. said that no advocate will appear in court for the accused. Speaking to the ANI, Anoop Kaushik, General Secretary, Aligarh Bar Association, said, “We stand with the family of a 2.5-year-old girl who was murdered in Tappal and no advocate will appear in court for the accused. An advocate from outside will not be allowed to fight the case. We will fight for the child.”

Media Outrage:
The Aligarh rape case has led to an immense outrage on social media by politicians, celebrities and citizens alike with growing calls for the harshest possible punishment to the accused. Many politicians and celebrities took to Twitter to express their shock and anger. To give an example, Rahul Gandhi tweeted, “The horrific murder of a little girl in Aligarh, UP has shocked and disturbed me. How can any human being treat a child with such brutality? This terrible crime must not go unpunished. The UP police must act swiftly to bring the killers to justice.”

A Communal Angle?
While the brutality and insensitivity of the act cannot be debated, it is unfortunate that the crime has generated targeted hate against the community of the accused. Social media is full of such communal posts with people demanding the most stringent of punishment to the accused after emphasizing their names. One such post which is all over the social media is:
 

 
Riot Like Situation in Aligarh
Jumping on this bandwagon, a bunch of Hindutva supremacists, notably the non-locals, have further sensitized the atmosphere of the Tappal village, with reports of people in saffron gathering in the village and creating a curfew-like situation. Bajrang Dal, a Hindutva militant organisation, is trying to organise a mahapanchayat in Tappal village to further create communal fissures. Reportedly, more than 700 police and CRPF personnel have been deployed in the village in order to keep the situation under control.

Many Hindutva activists took to Twitter with a hash tag bearing the child’s name, resolute on underlining the religious identity of the accused, who happened to be Muslims.

Why then a deafening silence in the Meerut case then?
While it is now clear that the Aligarh case has become a battleground for communal politics, it is worth wondering why the media is completely silent on a similar crime that happened in Meerut! Let alone demand for justice, there are hardly any reports on the heinous crime and its investigation status. Barring a few Hindi publications, very few mainstream media houses are carrying the news of the Meerut case. Could this be because in the case of Meerut, the victim child is also a Muslim?

Reportedly, on June 4, an eight year old Muslim girl was kidnapped, raped and then murdered near Kashiram colony, Kharkhauda, Meerut. Two days later, locals found her body near a gutter opposite Anjul Palace in Madhavpura. The victim was the daughter of a local trader named Asif and went missing on June 4. The accused has been identified as Shaabad, who is a neighbour of the victim’s family and had allegedly taken her to a near-by shop, just 500 metres away from her house. Shaabad then tried to rape her and when she tried to raise a voice, he murdered her and threw the body in the gutter. The accused was arrested on Saturday and his family has been given a clean chit, who were earlier suspected of being a part of the crime. Further investigations are underway.

Media ignorance?
It is pertinent to note that the Aligarh rape case was reported by almost every media house, that too on the front page. In fact, it appears that the media has contributed to the riot-like situation in Tappal village with constant reports of demand for death penalty and other kinds of cruel punishments to the accused doing the rounds. The public is even using the social media to express its anger towards the Aligarh case.

Regrettably, the media has failed to give due attention to Meerut case. Although a few Hindi publications like Amar Ujala and Live Hindustan carried the Meerut incident, but was evidently not given enough coverage as the Aligarh incident. The question is why?
Is the Muslim identity of the Meerut victim a reason for its under-reporting and public apathy?

While the faiths of the accused in both cases are the same, the difference is that in the case of the rape of a young girl in Meerut the victim is also a Muslim. Unfortunately, it seems that this small difference has changed the entire outlook of the commercial media. Why has there not been enough support to the Meerut victim’s family as that of the Aligarh victim’s family? Why is the social media not flooded with anger? Why are people not demanding better protection policies for children now?

Are we heading towards a phase where the religious identity of the victim will define whether s/he gets justice? Have we reached a point where such brutal crimes will always trigger communal debates on commercial television? Will this section of the media now selectively report cases of crime depending on the religious identity of the victim and/or perpetrator?

Drawing parallels with the Kathua case
Last year, on January 10, 2018, the rape and murder of an eight year old Muslim girl, belonging to the nomadic Bakarwal community, in Kathua, Jammu and Kashmir had disturbed the entire nation. Eight people, including four police officials, were involved in this heinous act aimed at dislodging the Bakarwal community from the area, where it had been locked in tensions with local Hindus over the use of land, among other things.

The crime that allegedly took place inside a temple, was initially covered up, with the police acting only after nation-wide protests. However, the local Hindu residents held protests demanding that the accused be released. The leaders of the Bharatiya Janata Party, which was then part of the state’s ruling alliance, extended their support to the protestors. Further, the lawyers, linked to the Hindutva groups tried to physically obstruct the filing of the charge sheet. The Kathua case became a striking example of communal politics over which an innocent child had to lose her life.

Since then, the Hindutva activists have been on their toes whenever a crime is reported in which the accused is a Muslim and victim a Hindu. The Aligarh case reiterates this.

Despite several attempts of shielding the accused, the judiciary has ensured justice for the young victim with the special court in Pathankot convicting six of the seven accused. Those convicted include former revenue official Sanji Ram, Special Police Officers Deepak Khajuria and Surinder Kumar, two investigating officers – head constable Tilak Raj and sub-inspector Anand Dutta, Parvesh Kumar. Ram’s son Vishal Jangotra is acquitted, while an accused juvenile faces a separate trial. The quantum of sentence is likely to be announced at 2 pm today.

Everyday in India, the police register 293 cases of crimes against children on average, according to the last available national crime bureau data. Only a handful of such cases feature in news reports anyway. Why then the hue and cry in some cases and silences in others?
 
 

The post When Rape and Violence become the Battleground for Communal Identities appeared first on SabrangIndia.

 
Malda: Four months on, a 6-year-old rape survivor is still waiting for justice as the police procedure moves slowly and the accused and his family threaten her family. Recently, there was also an attempt to kidnap her brother.
 
According to Bangla Sanskriti Manch, she was raped at Sershie, Kaliachak, Malda, West Bengal. “Several attempts were made by the victim’s father, who is a daily labourer. The accused and his family tried to resolve the matter by offering money to him but he refused it and said he wants justice. The father of the child informed BKM and asked for help. We went to the police station after which they filed the complaint. Ever since that has happened the accused and his family are threatening the survivor’s family with dire consequences. On Monday, the survivors elder brother went missing. The 11-year-old boy had been kidnapped by the accused. A missing complaint was lodged and the boy was found the next day. He said that four people tried to kidnap him but he ran away and hid in the mango orchards. The family of the survivor are living in fear. We are planning a protest rally if no immediate action is taken,” said Samirul Islam, president of Bangla Sanskriti Manch.
 
“On June 24, we saw her with a lot of expensive chocolates with her. I initially thought that she had stolen it from somewhere, as we can’t afford such chocolates. So, we began to scold her and my wife began searching her to check if she had chocolates hidden in her dress, she discovered that her pants were soaked with blood. A little coaxing and interrogation on what happened revealed that my daughter had been lured for chocolate and raped by our neighbour’s son,” narrated the father of the survivor in a report.
 
The father further said, “Three men entered his house and talked to the boy, who admitted to his crime. Someone from the locality even called the police, who came and made me sign in a blank paper, stating that they would need my signature to file the FIR. “However, then came the U-turn and everyone wanted us to settle the matter amicably, via a kangaroo court, which just kept postponing the hearing. The accused, we have come to know has been shifted elsewhere,” he added in a report from July.

 
In two videos, the father narrated the entire ordeal of how the accused are harassing their family and how their community has boycotted them. “With the help of BSM, I filed a complaint with Kaliachak police station. The incident was covered by media and newspapers. Ever since the FIR has been registered, the accused and his family members are harassing us. They shine torch lights in our house at night and threaten to kill us on phone. The police are not helping us and no investigation is being done. My daughter was medically examined but the police didn’t give me any report. They said they will file it with the chargesheet,” he said.
 
“I am poor and don’t have money but I don’t want this to happen to anyone else. Our lawyer in Kolkata has filed a case in Kolkata High Court. It has been four months but my daughter has not got justice. I heard that the police arrested the accused but he got bail after two hours. I am an illiterate person and I don’t know the rules. Mejo Babu from Kaliachak police station told me that he got bail because he is studying in college. On October 1, my 11-year-old son went missing after he went to study at the Madrasa. Thankfully he escaped and came back the next day,” he added.
 
He has also been shunned by his community. “I filed the case because today it is my daughter tomorrow it can be someone else’s child and if not stopped then a number of such cases will happen. Since I went to the police, I was shunned by my neighbours and the whole village. They seem to suggest that I have done something reprehensible by going to the police. At night, some people come and shine torch lights at my house. But till now nothing has happened. Nobody, not the village elders nor the police, has done anything to nab the accused. I want justice for my daughter. Till now nobody has come to me to offer any justice. Although I have not yet been pressurised in any way, the village leaders are putting pressure on the police to hush things up. The entire incident is being hushed up. They want this incident to be resolved amicably through a kangaroo court. I don’t want that. I want justice,” he said.
 
The survivor was produced before the magistrate and her statement was recorded. A case under the POCSO Act has been initiated.

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Now, when the heat and dust of over such monumental shame is settling down, it is time to take stock of the situation. This should begin with the acknowledgment of those who are the prime movers of this news into the public domain.

First mover and shaker of this news is the “Team Koshish” (field-action programme of Tata Institute of Social Sciences) that conducted the ‘Social Audit’ of the Muzafarpur shelter home and brought out the shocking irregularities. The ‘Koshish team’ is worthy of praise because they have worked in an extremely hostile milieu to audit the lives of the marginalised destitute, homeless and beggars and brought out the graphic details.

Even though, all the members of the ‘Koshish team’ deserve accolade, the special one must go to Mohammad Tarique (an Ashoka Fellow) who led the team from the front with excellence and passion. He selflessly supervised an outfit of youth committed to prepare the audit report impartially and bring the finding in an extremely tight time frame.

The second kudos goes to Atul Prasad, Principal Secretary, ‘Social Welfare Department’ government of Bihar for envisioning such an unprecedented social audit. He deserves bigger accolade for accepting the truth and publishing the “TISS Report” and making it public. The truth may have remained buried in the files of Social Welfare department of Bihar had it not the gone public with the TISS report

The third person who deserves credit accolade is Ms Harpreet Kaur, Senior Superintendent of Police (SSP), Muzafarpur. It is her investigation which had made skeletons tumble out. She showed promptness to lodge the FIR in this case and arrested the key accused. She has shown to the country what an upright police officer can do if allowed to handle such sensitive cases.

The case so far and where it’s heading? A nationally reputed NGO carried out a social audit of the state run shelter home and based on evidence of ‘inmates’ reported the instances sexual assault on them. The social welfare department of the state made the report public.

Following which the Superintendent of police filed FIR and book the culprits. In the process police have video-graphed evidence based on statements of victims. The independent medical board from reputed medical college of the state corroborated the incidents of rape.

There was a public hue and cry for speedy disposal of case and exemplary punishment for those found guilty. After that the Bihar Chief Minister Nitish Kumar handed over the case to the CBI for investigation. He declared that no culprit, however powerful will be spared.

It is likely that the CBI will carry out further investigation of this case and collect more clinching evidences to make it a water tight case. Then the case will be heard in a court and justice will to deliver justice in a time frame.

It is now clear that most of the rape was committed on minors and falls within the jurisdiction of Protection of Children from Sexual Offenses (POCSO) Act 2012.

Under the new provision of POSCO Act that was amended in 2018 after “Asifa rape case” states that “all accused are guilty till proven innocent.” This is a significant shift from the previous position that, “All accused are innocent till proven guilty.”

This Muzafarpur shelter home case is a rarest of the rare case, where under the new provision of POSCO Act 2018 the accused can be given death sentence for raping of minors below 12. It is expected from the custodian of justice to award award maximum punishment to those pathological criminals found guilty of committing such heinous crime.

Muzafarpur shelter home expose has blown over the lid of such horrific crime. The National Human Right Commission Reports testify to the fact that such sexual abuse of girls and women are more of a norm than exception in Mental Hospitals government, private or NGO run homes.
It is high time that all the state government to fast-track all such social audit and make it public. An honest audit by the bunch of committed youth like those of ‘Koshish team’ can deliver the desired results.

Such social audit should have full state support and protection and be combined with speedy follow up action. The various reforms suggested in the audit report should be implemented expeditiously by the state governments and monitored periodically.

Another concern is how to reorganize the rehabilitation programme. These girls are victims of social and psychological malaise of the society; they have been protection in the shelter homes to escape from the society. Now in such protected home they have been physically and psychologically humiliated. A full proof rehabilitation programme of these victims poses a big challenge to the state governments.

There are no quick-fix solutions to such problems. The heart of the matter is that governments are absolving themselves from the welfare responsibilities and handing it over to some non-governmental organizations. This is the biggest take away from this story.

There is no quick fix solution to such national shame. This malaise will not be set right unless the governments become proactive in discharging the social duties. It is a very serious issue and the response to it should be in proportion to the pandemonium created in the country today.

Syed Ali Mujtaba is a journalist based in Chennai. He can be contacted at syedalimujtaba@yahoo.com

Courtesy: https://countercurrents.org
 

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Ghaziabad: On the morning of July 25, newspapers flashed the headline, “Man abducts 5-year-old girl from her house in Ghaziabad, rapes her in isolated field.” Reportedly, a 21-year-old man abducted a five-year-old child at around 1.30 am when she was sleeping outside her house in Vijaynagar, Ghaziabad with her grandmother, took her to an isolated field nearby and raped her. After raping her, he dumped her in the nearby field.
 
Under public pressure, the police arrested the accused. However, activists on the ground fear that the local leadership of the area, especially one BJP MLA Lekhraj Mahaur, who stays in the next lane from where the girl was abducted, are doing everything in their power to brush the case under the carpet as “such a grave assault in their vicinity ‘tarnishes’ their ‘image’ and proves as an obstacle in their upcoming plans.” 
 
Section 376 of IPC and Sections 3 and 4 under the POCSO Act, 2012 were lodged against the accused.
 
 Assault and ensuing trauma
The child’s father, who is a painter, said, “The accused probably gagged her so that she could not shout. Her mother woke up and found that she had been missing. We launched a search but could not locate her anywhere,” He further suggested that it was the proactive search of the locals in the area because of which they were able to locate the girl. He added, “Finally, the locals decided to look in the bushes where she was lying in an unconscious state and the accused was seen escaping from the spot” Reportedly, when the accused was caught by the residents, he was beaten up and police was called.

 
The child who was in critical condition at the time of incident, was taken to the MMG hospital at around 4 am in Ghaziabad district. However, activists alleged that the hospital staff expressed inability in being able treat the child and referred her to GTB hospital in Delhi. She could only be taken to GTB at 10 am on July 25. Shvaita Kaul of Jagrook Nagrik Manch, a local organization working in the area, expressed her dismay that for a city as large as Ghaziabad with a population of more than 30 lakhs, one “didn’t have a hospital good enough for such emergency situations!”
 
Citizens’ protest and response of police
When a group of local citizens, who gathered near the Vijaynagar police station (the jurisdiction under which the incident was reported) at around 3.30 pm on July 24, the police with the directions of a woman ASP Manisha Singh, started lathi charging the protesters and tried to disperse them.
 
After this, the people residing in the Mohalla decided to meet the DM with a list of demands on July 25.
 
The list of citizens’ demands
They want to ensure that the process of filing a chargesheet for the crime should be completed by Ghaziabad police within a span of 15 days. They also demand that a fast track court should take over the matter. The responsibility of the treatment should be taken up by the district administration. To secure the future of the girl child, the government of UP should ensure a fixed deposit of Rs. 10 lakh in her name. A written clarification on the poor condition of the hospital at MMG should be provided and that a committee should be constituted against the responsible CMO and other officers.

 
Terror unleashed by Ghaziabad police
However, reportedly, soon as the Ghaziabad police came to know that the people were planning to meet the DM, they reached the residence of one Sandeep Kumar of the organization Naujawan Bharat Sabha which was crucial in organizing the protests for the victim. Sandeep was leading the citizens’ group demanding justice for the child. As per Shvaita Kaul, the police tried to threaten Sandeep’s family to compel them to reveal his whereabouts. When they refused, the police raided their house early morning on July 25, around 4.30 am. First, they tried to pick up Sandeep’s father but later they picked up his brother and took him to the police station. Apparently, as per activists, the local minister Lekhraj’s younger brother and other small time politicians had assembled at the ‘thana’ and pressurized the police to lodge a ‘false case’ on Sandeep in a manner so that he could be incarcerated for a long time.
 
Late night visit to rape survivor’s house
On one hand, the police were trying to terrorize Sandeep’s family, on the other, they were reportedly ‘advising’ the family members of the child not to make a big deal of the issue and refrain from staging any protest. On the morning of July 25, when people started gathering in the Mohalla, the Ghaziabad police came in larger numbers in two gypsies and prevented the people from gathering. To the utter disbelief of people, accompanying the police officers were the goons of right-leaning Hindu Raksha Dal who made several rounds of the area in a Maruti van in a span of 2-2.5 hours. Activists such as Shvaita allege that it seems that the Ghaziabad police administration has decided not to allow the people to stand with the victim. The alleged current situation in the area is such that it has turned into a police camp.
 
When SabrangIndia team asked the SO, Vijay Nagar police station about the case, he said, “We are investigating and collecting evidence. We will file the chargesheet afterwards.” About the raids at Sandeep’s house, the SO completely denied that the police entered Sandeep’s house. He added, “We were ‘wicketing’.” When we tried to ask him what he meant, he disconnected the phone call. Multiple attempts at reaching him after this proved futile. 
 
Image building and systemic failures 
Shvaita alleges that Lekhraj Mahaur was conscious of ‘undue’ media attention and has been trying his best not to come in the limelight. He even “got the lotus imprinted board removed from outside his house and scolded a local journalist who was trying to investigate the case.”
 
She asked, “Why did the MLA get the board removed if he didn’t have anything to hide or fear? Why are the local goons of Hindu Raksha Dal and other smaller right leaning groups moving around with the police?”
 
This case has revealed the many loopholes in our systems that prevent victims from taking the recourse of law. As per POCSO act, 2012, the victim should get immediate treatment. Due to lack of appropriate medical infrastructure at the MMG hospital, the victim girl had to suffer a significant delay in treatment and other medical aid. The time lost in taking her to the hospital was crucial for evidence gathering. Apart from this, the police aren’t supposed to create pressures of any kind on the family of the victim. In fact, it is their duty to provide an atmosphere where the victim can feel comfortable enough to be able to come and testify.
 
Moreover, the role of right-leaning groups in trying to cover up incidents of rape and sexual harassment has come to light before as well. In the case of Kathua, Hindu Ekta Manch defended the accused and took out processions in support of the accused.
 
Is the image of the local BJP MLA more important than justice for the five-year-old child? Or are we witnessing an era where the rise of Hindutva and the political sanction granted to them by the government at the centre, is bound to push principles of gender justice and child protection backwards?
 

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Condemning rapes and harassment of women has become a routine with increase of these cases over the years. Among the ten countries reporting incidents of rape, nations like America, Canada, Sweden and UK appear in the list ( wonderlist.com ,Ejaz Khan). About 36% of women globally have been reported experience either physical or sexual intimate violence. In India, according to National Crimes Records Bureau( NCRB), 2013 annual report, 24, 923 rape cases were reported across India ( Rape in India, en.m.wikipedia.org) in 2012. Out of these, 24, 470 were committed by someone known to the victim.(98% of cases) . Thus, mostly ‘relatives’ are cause of rapes.

Gory incidents
The crimes have risen sharply. Statistics show that since 2012, reported rape cases rose by 60% in India to around 40,000 in 2016 with child rape accounting for 40% ( Sorry, but rape is a political issue in India, Ujjwal K Chowdhury,posted19-04-2018, dailyo.in). A total of 34,651 cases were reported in India. Of these in 33,098 cases, the offenders were known to the victims. So, the hue and cry after Nirbhaya case had little impact.

Gory incidents like fathers raping their child have also come to light. For eight years, a girl from Anjala in Punjab said her father raped her. The 21- year old broke her silence after watching TV coverage of Mumbai rape incest case. The girl’ s father Ashok Taneja was later arrested. In an article, Annie Giwen describes how girls are beaten even when they are raped by fathers (An Indian teen raped by her father. Village elders had her whipped, published May 9,2016, washingtonpost.com). The girls are forced to accept that the fault is theirs.

Possible reasons
Fathers who indulge in such heinous acts are often drunk, perverted and have some sort of crime record. Some may even have uneasy or troubled past. Assaults and sexual abuses by family are used as a punishment if the girl marries outside her community. Honor killings have been increasing. Also, the tool of ‘ corrective rape’ is used to ‘ straighten ‘ a girl’s sexual orientation. ( Parents use ‘ corrective rape’ to straight’en gays, Rupam Jain, postd Jun 01, 2015, timesofindia.com). In a country where normal rapes are under -reported, the incidents of corrective rapes may not even be talked out for a long time due to trauma and shame experienced by the victims who are mostly girls.

Need to address
Though uncomfortable to speak and debate, such barbaric atrocities must be addressed. In a country where girls are seen as personal property of men, such instances reflect stark exploitation even in families. The very nature of ‘ father’ is questionable as his character of giving care and love becomes that of a rapist with sexual lust when such incidents come to light. Heart – wrenching stories like ‘My Father raped his daughter. And I am their Baby. My story ‘ ( Rowena Slusser , posted Mon May,25, 2015,www.lifesitenews.com) compel us to think of such crimes and find solution to stop such horrific exploitation of girls.

Blessin Mushohwe, a Child rights and Policy consultant at UNICEF , rightly says that society must actively keep its eyes open for signs and symptoms of sexual abuse on schools, churches or even as they play at home.( When fathers rape their daughters, published 30 July 2014, theherald.co.zw). Research points out that rituals, driving of evil spirits, lure of money etc are chief causes of such crimes. Therefore, people must be given rational education about abstaining from such heinous acts.

Girls should also be taught about domestic violence. An 11 year old girl in Mumbai was encouraged by a lecture on ill- treatment and called child helpline 1098 to report rape by her father.( Sharmeen Hakim@timesgroup.com, posted July 12, 2018, ). The court sentenced him under Protection of Children from Sexual Offences ( POSCO) Act. The child has shown bravery and exceptional courage.

Any word to describe such rapes seems very euphemistic. Girl children and women should be protected from cruelty and horror of domestic rapes and violence.

Leon Hoffman M. D discussing a case of ‘Dora’ treated by Sigmund Freud ( Fathers and Daughters, posted Jun 4, 2014, psychologytoday.com) says, ” …adolescent girls need attachments to fathers and other men and they need to be heard. Fathers need to listen in order to remain available to support and protect their daughters”. This responsibility should rest on every father so that girls gain confidence and trust.

Social analysts should conduct awareness programs on parental guidance and drive away evil practices from society.

The writer from anywhere and everywhere has his inspiration from a lyric of Gadar that describes the treatment of new born girls and women ‘nindu amasa naadu O! Lachcha Gummadi…. Aada pilla puttinado O! Lachccha Gummadi’ ( On a new moon day oh! Lady ( lachcha gummadi) , a girl was born oh! ( Lachcha gummadi ) .

First Published on https://countercurrents.org/
 

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