In a shocking incident in Madhya Pradesh’s Chhatarpur city, a 13-year-old Dalit girl was allegedly forcibly kept in custody overnight and beaten up by police personnel when she went to register a rape case.

On August 27, when the girl went out to play, she was allegedly kidnapped. When she did not return home, her family registered a missing persons complaint the following day. The girl finally managed to get back home on August 30 and accused one Babu Khan of forcibly taking her to his house and raping her for three days. That’s when the girl and her family approached the police again to register a rape complaint. But instead of helping them, the police allegedly tried to pressure the girl to change her statement.

The girl’s mother told a news agency, “Two policewomen put pressure on my daughter to change her statement. They beat up my daughter. Another police officer took me outside. Inside, my daughter was kicked and beaten with belts.” The police kept the girl overnight at the police station. The following day, when the parents again approached the policemen, but were driven away.

A complaint was only registered on the evening of September 1, but even then, the police only registered a complaint of rape and did not include a charge of kidnapping. Moreover, they recorded the survivor’s age as 17 years in the First Information Report (FIR), instead of 13.

This is when a team from the district Child Welfare Committee (CWC) intervened and demanded documents pertaining to the survivor’s age. It was only after their intervention that some headway was made in the case and the accused was arrested on September 3. He was charged under relevant sections of the Indian Penal Code, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Protection of Children from Sexual Offences (POSCO) Act.   

But when the CWC team visited the girl’s house, they found that the police had violated another key provision vis-à-vis protection of minor survivors of rape. The CWC team saw the City Kotwali police station house officer (SHO) Anoop Yadav there with the accused who was in handcuffs. As per law, a survivor should not be made to confront her alleged abuser.

On September 7, three police officials including SHO Yadav were suspended for their actions. The other two suspended officers are Sub Inspector Mohini Sharma and Assistant Sub Inspector Gurudutt Shesha.

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The Delhi Commission for Women (DCW) has demanded action against and arrests of men and women seen assaulting and parrading a 20-year-old on the streets of  Kasturba Nagar in Delhi’s Shahdara district in a video. The young woman is reportely a survivor of a gang-rape allagedly by illegal liquor sellers. She, however, was once again assaulted in public by the family of a man who was reportedly “pursing her” and later had died by suicide.

In the video, a group can be seen surrounding the survivor and cheering as she is assaulted by a woman. The matter came to light when DCW chairperson Swati Maliwal, who met the woman, stated that the survivor was paraded wearing a garland of slippers, her head tonsured and face painted black. The DCW issued a notice to Delhi Police, asking that the “be arrested and the girl and her family should be given security.”

कस्तूरबा नगर में 20 साल की लड़की का अवैध शराब बेचने वालों द्वारा गैंगरेप किया गया, उसे गंजा कर, चप्पल की माला पहना पूरे इलाक़े में मुँह काला करके घुमाया। मैं दिल्ली पुलिस को नोटिस जारी कर रही हूँ। सब अपराधी आदमी औरतों को अरेस्ट किया जाए और लड़की और उसके परिवार को सुरक्षा दी जाए। pic.twitter.com/4ExXufDaO3

— Swati Maliwal (@SwatiJaiHind) January 27, 2022

Police told the media that the woman was assaulted in Shahdara in east Delhi due to “personal enmity”, adding that they have already “arrested four accused and probe is on. All possible help and counselling is being provided to the victim.”

An unfortunate incident of sexual assualt on a woman due to personal enmity happened in Shahdara District today .
Police has nabbed four accused and probe is on. All possible help and counselling is being provided to the victim. @CPDelhi @DCP_SHAHDARA #DelhiPoliceUpdates pic.twitter.com/Num74VqgVO

— Delhi Police (@DelhiPolice) January 26, 2022

According to news reports the woman was attacked by by the family of a young man who had died by suicide. His family blamed the survivor for his death as “he was pursuing the woman”. According to reports in NDTV and other media, the victim’s sister said, the woman who had been attacked in public by his family was married and has a child. She had reportedly “moved to a rented room after the boy’s death on November 12th” and “was picked up from Karkardooma by the boy’s uncle.”

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Karnataka’ Home Minister Araga Jnanendra has a lot to answer to the citizens of his state and his political masters. In the wake of the horrific gangrape allegations, reported from Mysuru, and even as the survivor reportedly remains in a critical condition at hospital, the minister deemed it fit to blame the survivor, even ‘joking’ about the incident. 

Jnanendra first blamed the survivor, and made remarks on the ‘timing’ of her visiting the site of the alleged crime. Speaking to media persons asking for his response to the crime, he reportedly said the survivor and her male friend who was also allegedly assaulted, “went to a desolate spot, at 7.30 p.m. They shouldn’t have gone there at that time. . It is a deserted place and no one usually goes there as no one will be there… But, we cannot stop anyone from going anywhere…”

As expected, the Opposition parties like the Congress condemned his remarks. KPCC president D.K. Shivakumar asked that Jnanendra and “his entire party should answer for such irresponsible statements.” 

However Jnanendra’s response was shocking! He said, “Rape has happened there (in Mysuru), but the Congress was trying to rape me, they are trying to rape the Home Minister. They are trying to gain political mileage. It is an inhuman act that has occurred there [Mysuru]. But Congress is trying to rape the Home Minister here.” According to some news reports, he added that the police should immediately “book cases against Congressmen who were attempting to rape the Home Minister.”

The young woman, who is reported to be a 23-year-old MBA student hailing from Uttar Pradesh was allegedly gang raped, on August 25, near Chamundi foothills. On August 26, the minister ‘joked’ about the horrific assault and accused Congress of ‘politicising’ the incident. It was when there was outrage that he told the media that he meant it as a ‘joke’, and did not intend to ‘hurt anyone’ and reportedly withdrew his statement.

#Karnataka home minister Araga Jananedra has put his foot in his mouth. First he claimed @INCKarnataka is raping him instead of helping him do his job. Then he says victim shouldn’t have gone to that spot. pic.twitter.com/LZl5nvTvKM

— Imran Khan (@ImranTheJourno) August 26, 2021

However, rape is nothing to joke about, and blaming the survivor, is one of the most disgusting response to a horrific assault. It was media and public outrage that forced the state’s Home Minister to address a press conference on Thursday, apologise and withdraw his statements. He said the gang rape survivor was like “his daughter” adding, “I had no intention to hurt anybody and withdraw my statement. I have also withdrawn the statement made earlier by the Congress party leaders.”

However, the damage has been done, and a mere apology is not enough. Even Karnataka Chief Minister Basavaraj Bommai reportedly opposed the Home Minister’s statement, “I don’t agree with that statement made by the home minister, I have advised him against making such statements,” reported India Today. However, it is yet to be seen if the party or the CM take any action against the minister at all.

Attack took place near Chamundi foothills

According to media reports the survivor and her friend were assaulted and she was allegedly gangraped by a group of men near the Chamundi foothills on August 24 night. According to news reports the assault took place in “the wooded area near the helipad, in Alanahalli police station limits.” They were admitted to a private hospital around 1.30 A.M on August 25 stated media reports. An FIR has been filed at Alanahalli police station, however no arrests have been made so far. According to news reports, police said the “accused were drunk when they spotted the couple on an isolated route to Chamundi Hills. At first, they allegedly tried to rob the couple, but later took the woman to another spot and sexually assaulted her.”

Karnataka Chief Minister Basavaraj Bommai, told the media he had directed Director General of Police Praveen Sood to find the accused at the earliest, “A case has been registered. I have told the DGP that whoever has perpetrated this should be identified and stringent action should be taken against them.” Mysore police commissioner Dr Chandragupta has visited the spot and formed multiple teams to probe the case, stated news reports. 

The National Commission for Women has now cognisance of the alleged gang rape. Chairperson Rekha Sharma has written to the Director General of Police in Karnataka for identifying, arresting all accused immediately, reported All India Radio. The Commission has also asked for providing medical and counseling support to the survivor.

National Commission for Women @NCWIndia has taken cognizance of the Mysuru gang rape case. The Commission has written to @DgpKarnataka for identifying and arresting all the accused immediately. NCW has also asked for providing medical & counseling support to the survivor. pic.twitter.com/plJE5eNfVs

— PIB WCD (@PIBWCD) August 26, 2021

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After a trial court in Goa acquitted journalist Tarun Tejpal in a sexual assault case, observing that there was no evidence to support the allegations made by the complainant, a woman who was his junior colleague at Tehelka magazine, the state’s Cheif Minister Pramod Sawant has reported said he “vows” to fight the case till the woman gets justice. According to a report in Zee News, the Goa CM called the court’s order “unfortunate” adding that the state government will challenge it in the High Court.

On May 21, the former editor-in-chief of Tehelka, Tarun Tejpal was acquitted of charges of sexual harassment and rape of his colleague in 2013. Tejpal was charged for offences under Indian Penal Code sections of 354 (assault or criminal force with intent to outrage modesty), 354A (sexual harassment), 354B (assault or use of force against woman with intent to disrobe), 341 (wrongful restraint), 342 (wrongful confinement), 376 (2)(f) (person in position of authority over women, committing rape) and 376(2)(k) (rape by person in position of control).

After a copy of the judgement became public, the Goa government announced that it has filed an appeal in the Bombay High Court against Tejpal’s acquittal. According to news reports,Goa CM Pramod Sawant said, “We have filed an appeal in Bombay High Court against the verdict (acquittal of Tarun Tejpal, former editor-in-chief of Tehelka magazine, in alleged sexual assault case). The state government will fight this case until the woman gets justice.” 

Tejpal, who was released on bail earlier, had  pleaded “not guilty”, and had even moved the Supreme Court seeking that the charges levelled against him be quashed. However the SC did not quash the charges and directed that the trial be concluded within six months, stated media reports. 

Now, the news reports of verdict in the closely followed case of the alleged assault that took place at a Goa hotel in 2013, quote the the District and Sessions judge observing that the complainant “did not demonstrate any kind of normative behaviour” that a victim of sexual assault “might plausibly show”. The Court reportedly noted, “The unnatural conduct of the prosecutrix is again relevant under Section 8 of the Evidence Act. The prosecutrix had admitted that there are two SMSes sent from her phone to the accused on 8/11/2013…..and that these messages were not sent by her in response to any messages.”

The over 500 page order by Additional Sessions Judge Kshama Joshi states, “Upon considering evidence on record…benefit of doubt is given to the accused because there is no corroborative evidence supporting the allegations made by the complainant girl.” She ruled that there was no medical evidence and there were “facts” that “create doubt on (her) truthfulness,” reported The Indian Express.

The court stated that the woman’s messages to the accused “clearly establish” that she was neither “traumatised nor terrified” and this “completely belies” the prosecution’s case. The court said that benefit of doubt is given to the accused because there is no corroborative evidence supporting the allegations made by the complainant. 

According to a report in NDTV, the court added that the complainant has made many conflicting statements. “There are many evidence on record which create doubt on the truthfulness of the complainant girl,” the court reportedly observed. The court has also observed that the Investigating Officer or IO (Crime Branch officer Sunita Sawant) did not conduct investigation on vital points of the case. “It cannot be lost site (sight) that rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause an equal distress and humiliation and damage to the accused as well,” observed the court adding that there were omissions and commissions while conducting the investigation, and that the IP “destroyed crucial piece of evidence in terms of CCTV footage of the first floor of 7th block of the hotel, which was clear proof of innocence of the accused”. The court said that the Investigating Officer “did not verify the operation and functioning of the lift panel of block 7 (of the hotel) to prove that opening of lift can be stopped or not” nor did the IO investigate whether the lift can be prevented from opening or can be kept in circuit by pressing a button as alleged by the complainant.

The court noted that Sunita Sawant the (initial) complainant (Goa police took suo motu cognisance of the allegations) can not be Investigation Officer in the case but she did not move any proposal to her superiors to hand over the investigation to another officer, reported NDTV. The order has said the CCTV footage indicates that the lift in fact opened twice on the ground floor whereas the woman claimed the lift did not open at all. According to the court, the IO admitted that there is a “contradiction between CCTV footage and statement of the complainant girl,” yet did not record a supplementary statement. According to the judge “the contradictions are often so glaring that the exact opposite of what the complainant girl is claiming yet IO did not question the complainant girl. It is settled proposition that acquittal of the accused can not result due to defects in the investigation, the evidences have to be scrutinised independently.” 

Indian Women’s Press Corp (IWPC) disappointed with acquittal 

The Indian Women’s Press Corp (IWPC) has said it “stands in solidarity with the survivor” and that it took “great courage for the young woman journalist to come out against her editor and fight tirelessly for eight years in a system that is skewed in favour of men.”

According to the women journalists group, the acquittal of Tejpal “a powerful editor who himself admitted to “the shameful lapse of judgement that led me to attempt a sexual liaison with you on two occasions on 7 November and 8 November 2013, despite your clear reluctance that you did not want such attention from me” — has made the fight for justice harder for women.” The IWPC welcomed the Goa government’s decision to appeal against the session court’s judgment.

Network of Women in Media, India applauds survivor’s courage, determination 

Network of Women in Media, India  (NWMI) applauds the survivor’s courage, and determination during the seven-and-a-half-year journey of the case so far. They stated her her “struggle has been the struggle of every woman facing sexual harassment and sexual violence at the workplace and attempting to push back the asymmetric power of dominant men in the media.”

According to the NWMI, the case also “highlighted the continuing inadequacy of mechanisms and processes to combat sexual harassment in media workplaces. That, unfortunately, has not noticeably changed since 2013, despite the enactment of the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act earlier that year.”

Related:

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On March 12, the Supreme Court issued notice in a plea to set up medical boards in all districts with adequate gynaecologists and paediatricians for assisting rape survivors, reported Bar & Bench.

The Bench of Chief Justice of India SA Bobde and Justice AS Bopanna passed this order in a plea filed by a young 14-year-old girl from Haryana who was raped by her cousin and approached the Court seeking permission to terminate her 26-week-old pregnancy.

However, according to Bar & Bench, the petitioner’s counsel, Advocate VK Biju, apprised the court today that after considering the medical board’s assessment, it was decided that the prayer to terminate the pregnancy will not be pursued any further.

The court instead, entertained the prayed for setting up of medical boards in all districts so survivors who become pregnant because of rape can avail necessary legal and medical help.

Bar & Bench quoted CJI SA Bobde saying (to Additional Solicitor General Aishwarya Bhati), “If there is a local board to check such cases it will be helpful. When rapes are not reported, it’s different. But when it’s reported you can follow up with whether she (victim) is pregnant and what are her legal rights. If a woman gets raped and pregnant, she must be told of options.”

To this, the ASG said that a reply will be filed. “We will file an affidavit. Medical Termination of Pregnancy (Amendment) Bill, 2020 is passed by Lok Sabha and now awaits Rajya Sabha. The limit is 25 weeks and if there is a genetic deformity, then there is no time limit,” she reportedly said.

The 2020 Amendment Bill seeks to amend the Medical Termination of Pregnancy Act, 1971. The amendment proposes that pregnancy up to 20 weeks may be terminated with the opinion of one registered medical practitioner and termination of pregnancy between 20 to 24 weeks may be terminated with the approval of two such medical practitioners.

Currently, under the 1971 Act, termination of pregnancy exceeding twenty weeks is not permissible without the leave of a court. This matter will now be heard after four weeks.

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