The Court, presided over by Justice Rahul Bharti, observed that Rashid’s deportation appeared arbitrary and in violation of her legal status as a Long-Term Visa (LTV) holder who had resided in India for nearly four decades. The matter came before the Court through a writ petition filed by her daughter, Falak Zahoor.

The petitioner’s husband, Sheikh Zahoor Ahmed, informed the Court that Rakshanda had no family or support in Pakistan and was suffering from multiple serious ailments. Her deportation, he submitted, had left her vulnerable, abandoned, and at grave risk.

The Court took serious note of these submissions, underscoring that in matters where human life and dignity are imperilled, the judiciary is obligated to act as a constitutional protector—even in the absence of a full adjudication on the merits.

“Human rights are the most sacrosanct component of a human life and, therefore, there are occasions when a constitutional court is supposed to come up with SOS like indulgence notwithstanding the merits and demerits of a case which can be adjudicated only upon in due course of time and therefore, this Court is coming up with a direction to the Ministry of Home Affairs, Government of India to bring back the petitioner from her deportation.” (Para 3)

Justice Bharti noted that at the time of her deportation, Rashid was a documented LTV holder—a status that ought to have protected her from arbitrary removal. Yet, without any formal deportation order or due process, she was allegedly “forced out” of the country as part of a broader post-carnage operation by government authorities.

“This Court is bearing in mind background that the reference that the petitioner was having LTV status at relevant point of time which per-se may not have warranted her deportation but without examining her case in better perspective and coming up with a proper order with respect to her deportation from the authorities concerned, still she came to be forced out.” (Para 4)

Referring to the “exceptional nature of facts and circumstances,” the Court issued extraordinary directions to the Ministry of Home Affairs:

“Given the exceptional nature of facts and circumstances of the case whereby the petitioner-Rakshanda Rashid wife of Sheikh Zahoor Ahmed has been purportedly deported to Pakistan in the recent drive undertaken by the Government of India post Pahalgam carnage, this Court is constrained to direct the Secretary, Ministry of Home Affairs, Government of India to retrieve the petitioner back to J&K, India so as to facilitate the reunion of the petitioner with her husband-Sheikh Zahoor Ahmed in Jammu.” (Para 5)

The Ministry has been given ten days from the date of the order (June 6, 2025) to ensure compliance. The matter is now listed for July 1, 2025, when a compliance report is to be submitted before the Court.

The order, marked by urgency and empathy, sets a significant precedent in cases involving the deportation of foreign nationals long-residing in India under legal permits. It highlights the responsibility of the state to uphold due process, especially when fundamental rights and humanitarian considerations intersect.

The complete order may be read below.

A judicial pushback amid rising arbitrary deportations

This order comes at a crucial moment. Across the country, particularly in the state of Assam, there has been a surge in the deportation of Bengali-speaking individuals, most of whom are Muslims, many of them declared “foreigners” by opaque and controversial Foreigners Tribunals. Numerous cases have been documented where individuals have been picked up and sent across the Bangladesh border without any written deportation order, legal representation, or family notification.

In several instances, courts and commissions have been bypassed altogether. Women, children, and elderly persons have been subjected to these clandestine removals, often despite having ongoing legal cases, bail orders, or valid documents. The pattern has alarmed civil liberties groups, who describe it as a systemic erosion of constitutional guarantees like due process, dignity, and the right to be heard.

Against this grim national backdrop, the Jammu & Kashmir High Court’s order stands out for upholding the principle that even those classified as “foreigners” or “non-citizens” are entitled to basic constitutional protections. The judgment affirms that deportation—when carried out without transparency, legal backing, or humanitarian consideration—amounts to a violation of both law and conscience.

This order sends a strong message: that constitutional protections do not end at the margins of nationality, and that humanitarian justice must prevail where executive action falters.

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The post J&K High court orders repatriation of 63-year-old woman deported to Pakistan without due process 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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1. The Constitution of Pakistan forbids its citizens from taking part in the religious occasions of others.

2.19 per cent of children, mainly girls, remain out of schools.

3. Single National Curriculum promotes intolerance and religious extremism.

4. Clerics are authorised to censor educational content.

5. Recitation of the Quran was mandated during school assembly.

Dr. Willy Fautré, Director of Human Rights Without Frontiers (HRWF), a non-governmental organisation in special status with ECOSOC, criticised the national education policy of Pakistan and pointed out its flaws, which resulted in intolerance, religious extremism and creating an atmosphere of hatred against other religions.

In a written statement submitted to the Human Rights Council of the United Nations, and read out at a side event, the organisation also pointed out the provisions of the Pakistan’s Constitution and its much-disputed Single National Curriculum launched in 2021 responsible for religious intolerance and religious extremism as government schools are not secular and inclusive. The side event was held on 26 March, room 25 Palaise the Nations. Titled Human Rights in Pakistan:  Education under siege, ideology, intolerance, and the erosion of Human Rights in Pakistan, its organisers were major NGOs like CAP and HRWF.

The statement by The Coordination des Association et des Particuliers pour la Liberte de Conscience, says:

“Constitution of Pakistan states in Article 22 that ‘No person attending any educational institution shall be required to receive instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony, or worship relates to a religion other than its own.’

Therefore, Article 22 of the Constitution of Pakistan promotes non-respect of religions among the students. Human rights organisations have criticised this policy.

Citing the statistics of the Pakistan Institution of Education, the organisation said that 73 per cent of educational institutions in Pakistan are government schools, while 14 per cent are religious schools or madrasas. Such a large number of madrasas presenting an exclusivist interpretation of Islam and non-respect for other religions have contributed to an atmosphere of religious extremism and intolerance in the country.

The organisation also points out the flaws in the SNC launched by the Pakistan government. It says:

“In August 2021, the Pakistan government launched the much-disputed Single National Curriculum (SNC) for government schools, claiming that this initiative would reduce educational disparities. However, the human rights defenders criticised the SNC for its lack of inclusivity and its over-emphasis on Islamic religious content at the expense of religious minorities. In fact, school curricula and textbooks promote intolerance towards minorities and depict women in a way that is non-inclusive and is not compatible with international human rights standards.

The Human Rights Commission of Pakistan expressed deep concerns about the government perpetuating a singular view of religion in educational institutions through SN, depriving young students of the right to a secular education.”

The Coordination des Association et des Particuliers pour la Liberte se Conscience feels that the SNC is an attempt to Islamise the entire Pakistani society, putting the religious minorities in jeopardy. It says:

“The SNC has also been criticised as an Islamisation program under which all facets of Pakistan’s core educational curriculum were infused with religious content, aligning with the ideological bent of the existing Sunni Muslim orthodoxy. (Source: Wasim Hameed, “Minorities in Single National Curriculum”. 4, The Nation, 9 July 2021.)

According to a 73-page Report of the Salluv ECPM Foundation 5, “Pakistan, Education System, Curriculum and EU Funding” financed by the European Parliament and published in 2024, “a study by The Current revealed that Muslim religious ideas or texts were present in 7.7 per cent of the SNC’s mathematics, social studies, science, general knowledge, English, and Urdu books. Additionally, 7.47 per cent of books have references to Islam, while 0.27 per cent mention other religions in all non-religious books.”

The organisation also pointed out an act of the Punjab Assembly passed in 2022, which authorised the clerics to censor educational content and its resolution mandating the recitation of the Quran during the school assembly. Such acts and resolutions were not compatible with international human rights standards.

Darwin’s Theory of Evolution VS Creationism

One major drawback of Pakistan’s education system is that it is influenced by conservative clerics who lack a scientific spirit and therefore oppose scientific theories and ideas. For example, clerics have opposed the teaching of Darwin’s Theory of Evolution in Pakistan because they think that the theory is against Islamic law. In October 2023, clerics of Khyber Pakhtunkhwa forced a college professor named Sher Ali to publicly renounce teaching Darwin’s Theory of Evolution.

Earlier in May 2022, his car was attacked with a magnetic bomb, leaving him in his wheelchair for months. The professor was also made to make the statement that “According to Shariah, the woman’s intelligence is inferior to that of a man. I consider this the final word on this issue and believe that women should be covered from head to toe while venturing out. Women can only go out if it is needed or necessary”.

The organisation, therefore, feels that the education system of Pakistan not only promotes hatred against minorities but also is a hindrance in the development of scientific temperament among the students.

Controversial and Inequitable Image and Girls in the Curriculum of Public Schools

The organisation also found that the SNC textbooks are full of content that presents women as inferior to men as approximately 60 per cent of SNC books included images of males, whereas females accounted for only 39 per cent.

Moreover, portrayal of female characters is one-dimensional in terms of their appearances, character traits and hobbies. They are mostly portrayed as wearing hijab or headscarf, while most men are depicted wearing western attire, with only 20 percent wearing traditional Islamic clothing. With regard to occupations, male textbook characters are often portrayed as doctors, lawyers and soldiers, while female textbook characters are mostly portrayed as domestic help, housewives or caregivers.

The European Union Funding in the Dock: Misuse of Taxpayers ‘ money of the 27 EU member states

The NGO further says that the EU funds for Pakistan’s education projects have been misused. According to the 2024 Report of Sallux/ ECPM “Pakistan, Education System, Curriculum and EU Funding”, the EU directly invested 94 million euros in education projects in Pakistan between 2016-2024.

The report contains over 40 pages of excerpts and pictures from textbooks showing that the views expressed in the official curriculum in Pakistan are not compatible with EU values as expressed in the Charter of Fundamental Rights of the European Union. Such an amount of concrete evidence cannot be ignored.

The NGO, therefore, draws the conclusion that beyond the incompatibility of the SNC and the UN standards, the pressure of many extremist clerics and fanaticized crowds can easily kill any reform attempt as long as perpetrators of intellectual terrorism, violence and hate crimes remain unpunished and can continue terrorising 2.1 million teachers in Pakistan.

In view of the present scenario of education and its consequent fallout on the human rights situation in the country, the Co-ordination des Associations et des Particuliers pour le Liberte de Conscience has made the following recommendations to the United Nations:

1. The United Nations should urge the authorities of Pakistan to make the SNC compatible with the UN international human rights standards.

2. The UN should effectively protect its 2.1 million teachers against threats and aggression perpetrated by Islamic extremists and prosecute the latter ones.

Article was first published on newageislam.com

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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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Wounds still linger

Remembering 1984

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

On June 6, 2024, when her home was demolished, Darshana’s employers had permitted her a couple of days off work to deal with the disruption her life had faced. However, three days later, she received a phone call from them, asking her to return to work. “Woh boli ‘agar tum nahi aayi, dusre bai ko lagaungi’ ”.  (She told me that if I don’t come back, they will keep some other bai, and I will be out of a job),  Darshana shared. “Unko adjust nahi ho raha tha. Woh boli dusre bai logg wapis aa gaye…Boli ‘bhaade mein room le lo aur aa jao kaam pe’. Aasan thodi hai! (She said she wasn’t able to adjust and that all the other bai logg had returned to work, so I must also. She just said, ‘Quickly rent a room or something somewhere, and come back,’ as if it is an easy thing to do.)

Despite this, Darshana maintains that her ‘madam’ is good and one of the nicer ones. When her neighbour, Jaya returned to work two days after the demolition, she was asked to leave as her employer had “kept” someone else. “Woh batayi, ‘ghar ka thikana nahi, kaam kaise karogi? Ghar dekh lo, phir kaam pe aana’. 2000 de ke nikaal diya.” (She told me, ‘You have no home, how will you work? First figure your home situation out, and then go back to work’, and saying this, she paid me Rs. 2000 and removed me from work.) Two weeks later, Jaya felt lucky to find another job at a different building, which paid half of her previous job. Many, many other women in the basti have faced similar job loss, after already facing the destruction of their homes. Many of them have not been able to procure another job yet. They yearn for the meagre 2000-4000 per month, as it would have been better than the debilitating lack of income they face now.

In this moment of pronounced systemic injustice, the regular and everyday uncertainty of the nature of their livelihoods as domestic workers—which offers none of the rights justly exercised by their white-collar employers or those in the organised sector—is made clearer. Domestic work is not part of the statutory employment list, leaving them outside the ambit of basic worker protections such as minimum wages, paid leaves, collective bargaining, workplace safety, ESI/Provident Fund, annual bonus, and so on.

The imagined separation of the home as the woman’s abode of unpaid labour and the world outside as that of the productive male bread-earner is a patriarchal myth used by the capitalist mode of production. Recognising the home as a place of work is a struggle against the public – private gendered division of work. Most women domestic workers do not have any written contract specifying the exact services being bought, with many unpaid tasks being extracted. They can be terminated without serving any notice period. Even when the Maharashtra government recently set up the Gharelu Kamgar Kalyan Mandal, a welfare board envisioned by a 2008 state law, it clearly avoided recognising domestic work as ‘work’. Roughly ten thousand of the fifteen lakh domestic workers estimated to be working in Maharashtra’s major cities are covered by this welfare measure to provide one-time cash transfers for maternity and old age. As a result, workers are either left to the employer or State’s dole or benevolence, as worthy recipients of charity, or criminalised as “suspicious elements” in the city. It is not uncommon to find false cases of theft being lodged when workers demand basic rights, even facing violence and sexual abuse at the hands of the employers.

The women of Jai Bhim Nagar, who work in similar gated colonies, face distinct shades of this continued violence. They recount their experiences of being thoroughly screened at the gates of the buildings upon their entry and departure. “Guard purse mein haath dal kar check karte, dekhte hai kitna paisa hai, kya kya hai. Aur exit ke time, wapis check karte. Jab paghar milta hai, madam ko gate paas likhna padta hai.”(The guards put their hands inside our purses when we go in, and make a list of all of the items and money in it. When we return, they check again, to make sure that it is the same. When we get paid, our madams have to write us a gate-pass to allow us to take our salary home) shares Sarita, who recognises the implicit discrimination inherent in these routine practices. Jaya shares a similar anecdote, following up with the request to not have her real name mentioned, “Madam-sir dekh liye toh, unke groups mein daal denge ki hum kaise hai, aur phir koi nahi rakhega,” (If my sir and madam find out I am saying this, they will remove me and tell all the other houses not to keep me). She laments that this network of domestic work employers are brutal and their actions, ironic: while the women entering to work in their buildings are given no basic respect, they are expected to maintain the same for their employers. Upon not adhering, they will be replaced.

Since the demolition, Jai Bhim Nagar’s women’s lives, which have always carried the double burden of domestic labour, have become even harsher. The drudgery of their work at home was multiplied by the absence of electricity, water, and household assets they had spent years accumulating. This has meant that they spend longer hours working—the lives of most women at Jai Bhim Nagar and across the slums of Mumbai, has always been mired by the multiple types of labour that every waking hour is spent completing. For instance, irregular water supply and unsanitary toilets, giving rise to diseases, affect them more as taking care of the children and the aged is considered the woman’s responsibility. This is also reflected in how women are at the forefront of the struggle for rehabilitation, leading many delegations and protests demanding regular and clean water supply, sanitary living conditions and fumigation of mosquitoes from the municipality.

The demolition in Jai Bhim Nagar was on the basis of a complaint to the state Human Rights Commission that ‘unauthorised construction’ (referring to Jai Bhim Nagar) violates the human rights of the public at large staying in the said locality. Ironically, for most women living in Jai Bhim Nagar who are domestic workers in its high-rises, their very settlement was premised on improving the quality of life in the area. They were housed there, allowed to live, on the condition that they would not withhold their labour for domestic work, casual construction, electrical and other mechanical jobs, and so on. This is a paradox of neoliberal urbanisation. Cities are de-industrialised, throwing toiling people to the margins of the metropolis, and in their place emerge globally-networked centres of finance and services. The dreams of the land sharks, town planners, and those who come to inhabit these oases of opulence, is to create a ‘world class’ city to function as nodes of circulation of global finance and hi-tech activities of diverse nature, sanitised of all toiling humanity. This has only one roadblock: Essential labour such as domestic work, sanitation, construction, and various types of services requires that working people live near enough to their city without disturbing its lifeless beauty.

The need to exploit people’s capacity to work cannot be eliminated as long as profit remains the motor force of society. The basti, the barrio, the favela, the ghetto, the shanty town – the clinking wine glasses in infinity pools on top of the highest sky-rise face their horrific presence in the skyline. With a grin they seem to declare: Hamin ast -o- hamin ast -o- hamin ast!

This routinely takes on stark appearances when there is a minimum of resistance, such as in 2017 when a Bengali migrant domestic worker, Zohra, in Noida’s posh Mahagun Moderne gated community went to demand her wage dues and was forcefully withheld[1]. As the Uttar Pradesh police hesitated to file a complaint against the powerful employers, the Sethis, agitated residents from Zohra’s slum gathered outside the building complex for her release. This escalated to the private security firing on the crowd and the basti-dwellers being framed for ‘rioting’, theft and other criminal charges. The American estate-management company running the high-rises identified and blacklisted 80+ women domestic workers, a malicious media campaign painted the Bengali-speaking Muslims as ‘illegal Bangladeshi infiltrators’, and Zohra’s entire basti of 60 homes was promptly demolished by the police. Then BJP MP Mahesh Sharma assured the residents that 13 arrested slum-dwellers would not receive bail for years. The usefulness of insecure housing as a disciplining strategy for the urban precarity cannot be emphasised enough.

The precarity of “unauthorized living” unfolding through the demolition of Jai Bhim Nagar has only made visible the violence woven into the lives they live. As many of them have articulated, “Woh humme naukar samjhte hai, insaan nahi.” (We are primarily seen as servants, not as people). In singular systemic moments of crisis or collapse, such as slum demolitions, the reality of “unauthorised living” worsens an existing reality, whether that is of adult women facing precarity in their livelihoods as domestic workers, or young girls beginning to work as domestic workers, losing their right to education.

Capital thrives on cheap labour and segmentation. The working class, after being denied any claims to urban citizenry, ask whose city it is, whose space it is, and militantly asserts its inalienable right to dignity of labour, and all the resources that keep this labour thriving. The working class people of Jai Bhim Nagar are fighting for housing, health, education, and civic amenities such as water and electricity—the cost of their ‘social reproduction’. The movement is now proceeding with the demand for proper rehabilitation which is a political demand for a dignified and free life. Linked to this, is the possibility of taking this struggle against exploitation to the site of production, to the connected workplaces—asking for higher wages and better working conditions.

[1] See our earlier fact-finding report. COLLECTIVE. (2017). FF report on the incident in Noida on 11-12 July 2017. Published on 14 July 2017. Accessed on https://collective-india.com/fact-finding-noida-domestic-worker-case/.

The post ‘We are considered servants, not humans’: Women of Jai Bhim Nagar reveal the violence of domestic work appeared first on SabrangIndia.

Details of the promises made in the MVA manifesto are discussed below:

Financial independence and support for women

To promote financial independence, the MVA has promised to introduce the Mahalaxmi Scheme, offering a monthly allowance of Rs. 3,000 to women. This scheme is designed to provide consistent financial support to women, particularly those from economically disadvantaged sections of society. The allowance will help women manage household expenses, contribute to family income, and enhance their personal financial security. This is especially beneficial for women in rural and semi-urban areas, where access to employment opportunities and financial resources may be limited. Additionally, women will be eligible for six cooking gas cylinders annually at a subsidised rate of Rs. 500 each, significantly reducing the burden of fuel costs—a significant expense for many families. This initiative ensures that women can allocate their finances toward other essential needs, ultimately empowering them to have greater control over household economics.

In addition to this, the MVA promises free bus travel for women, which is a crucial step towards ensuring the mobility and freedom of women in Maharashtra. Public transportation is often a barrier to women’s participation in work and educational opportunities, particularly in rural areas. By removing this financial barrier, the MVA is making it easier for women to access markets, workplaces, schools, and healthcare facilities. Furthermore, the promise of one-time financial support of Rs. 1,00,000 for girls at the age of 18 is a vital initiative aimed at helping young women make their transition to adulthood with financial support. This one-time benefit will support young women in pursuing higher education, skill development, or other opportunities that can lead to economic independence.

Promoting women’s health and safety

The MVA’s manifesto places a strong emphasis on the health and safety of women and girls across Maharashtra. The introduction of the ‘Nirbhay Maharashtra’ policy and the ‘Shakti’ law demonstrates the government’s commitment to protecting women and children from violence and ensuring their safety. The Nirbhay Maharashtra Policy aims to create a robust, multi-tiered system for preventing and responding to gender-based violence, with a focus on rural areas and quick response units for immediate action. The Shakti Law, on the other hand, strengthens legal frameworks to provide faster trials, harsher penalties for crimes against women and children, and dedicated victim support cells. Together, these initiatives promise a comprehensive approach to women’s safety, combining prevention, swift legal action, and social support, creating a state where women can live free from fear and violence. These policies aim to create a comprehensive legal framework that not only deters gender-based violence but also offers immediate support and protection to victims. The enforcement of the Shakti law will help strengthen the legal system to deal with crimes against women and children more swiftly and effectively. These initiatives are essential in making women feel safe in their homes, workplaces, and public spaces.

In addition to this, the promise of provided free cervical cancer vaccines for girls aged 9 to 16 is a landmark health initiative that targets one of the leading causes of cancer among women in India. This preventive measure will help reduce the incidence of cervical cancer in Maharashtra by providing free access to the HPV vaccine, particularly benefiting girls from underprivileged backgrounds who may otherwise not have access to this vaccine. Additionally, the MVA government promises two optional leave days for female employees during menstruation. This progressive policy acknowledges the health challenges that menstruation can cause, providing women with the time and space to rest without the worry of losing income or job security. It sets a precedent for gender-sensitive workplace policies that prioritise the well-being of women employees.

Further, the plan to establish safe, clean, and accessible public restrooms for women addresses a long-standing issue, particularly in urban areas. Safe and hygienic public toilets are essential for women’s dignity and health, especially when they are out in public spaces. This initiative will improve access to sanitation and ensure that women feel more comfortable and secure in public spaces.

Empowerment through education, employment, and skill development

The MVA’s initiatives also focus on empowering women through education, skill development, and employment opportunities. A key proposal is the introduction of self-defence lessons, which will be provided to young girls as part of the school curriculum. These lessons will equip girls with the physical and mental tools they need to protect themselves in situations of danger, contributing to greater self-confidence and security. Additionally, the establishment of a separate department for the empowerment of self-help groups (SHGs) is a significant step toward fostering leadership skills and economic independence for rural women. SHGs have been effective in empowering women by enabling them to pool resources, share knowledge, and engage in income-generating activities. The department will help expand the reach of these groups, provide them with market access for their products, and create opportunities for women to take on leadership roles in their communities.

The MVA’s commitment to building hostels for girls in each taluka is another important step toward ensuring that girls from rural and underserved areas can pursue education without worrying about accommodation. For many rural families, sending girls to distant schools or colleges is a challenge due to the lack of safe and affordable lodging options. By building hostels in each taluka, the MVA will provide a safe, convenient, and cost-effective solution, ensuring that young women have equal access to education, regardless of their geographical location.

Additionally, the MVA promises the formation of a dedicated Ministry for Child Welfare, which will focus on the holistic development and protection of children, particularly girls. This ministry will prioritise issues like access to quality education, health services, and protection from abuse, while also addressing the needs of children in vulnerable situations.

Equal pay and respect for women’s rights

The MVA government has committed to addressing economic disparities by pushing for equal pay for men and women in the unorganised rural sector. Women in this sector, particularly in agriculture and small-scale industries, are often paid significantly less than their male counterparts for the same work. By enforcing equal pay laws, the MVA aims to ensure that women are compensated fairly for their contributions, which will help reduce the gender wage gap in rural areas and foster greater economic equity.

The manifesto also includes measures to ensure that widows are treated with dignity and respect. Laws will be enacted to prevent forced adherence to harmful practices imposed on widows, such as social ostracism or forced isolation. These laws will protect widows’ rights and ensure that they are treated with respect and provided opportunities for economic empowerment. Additionally, the MVA aims to prioritise employment for widows and single women, creating targeted schemes to help them gain financial independence and reintegrate into the workforce.

To support women who have left the workforce due to family or personal reasons, the MVA promises to create special schemes to help them re-enter the workforce. These schemes will provide women with the necessary training, resources, and job placement opportunities to restart their careers and contribute to national progress.

Establishing safe and inclusive communities for all

The MVA government’s vision also includes the development of safe cities for vulnerable populations, including women, children, senior citizens, and people with disabilities. This initiative will focus on improving urban planning, infrastructure, and law enforcement to create safer public spaces, enhance accessibility, and provide protection to marginalised groups. This initiative reflects the MVA’s broader goal of fostering inclusive communities where everyone, regardless of gender, age, or ability, can live with dignity and safety.

The government also plans to regularly update the women’s policy every three years, ensuring that it remains responsive to the evolving needs of women in Maharashtra. This adaptability is crucial in ensuring that the policy stays relevant and effective in addressing the challenges that women face, particularly in rapidly changing social and economic landscapes.

MVA’s aim to build a Maharashtra where women thrive

The MVA’s manifesto for women reflects a comprehensive, forward-looking vision that places women’s health, safety, financial independence, and empowerment at the center of Maharashtra’s development. These initiatives aim to build a Maharashtra where women can move freely, access equal opportunities, and lead empowered lives. By addressing the multifaceted needs of women, this manifesto demonstrates a commitment to gender equality and the belief that women’s empowerment is essential for Maharashtra’s progress as a whole. With these reforms, Maharashtra has the potential to become a leader in gender equality, setting an example for other states in creating a just and inclusive society.

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The post MVA’s bold promise: A transformative vision for women’s empowerment in Maharashtra appeared first on SabrangIndia.

How does this bode for the women of the country which have been under the rule of the BJP government for the past ten years? The BJP for one has not shied often from supporting men accused of rape and violence against women. 

While the BJP’s website repeatedly talks about Nari Shakti, and the need for removing discrimination and also to give the girl child ‘special emphasis’, BJP MPs and MLAs have often subjected their very own women colleagues to derogatory comments. 

BJP politicians have also not seemed to spare women in power that belong to the opposition. 

The PM Modi himself is not shy of having made comments many considered sexist. In 2018, he referred to Rajya Sabha MP Sonia Gandhi as ‘widow’ in a speech, “Ye Congress ki kaun si vidhwa thi jiske khate mein paisa jaata tha?” PM Modi did not even spare the families of politicians. When he was the chief minister of Gujarat he was reported once calling Trivandrum MP from Congress, Shashi Tharoor’s wife, Sunanda Pushkar, ‘a 50 crore girlfriend.’ 

The Congress leader is repeatedly hit with such comments. In 2019 Giriraj Singh once made a highly derogatory comment on her when it was in the news that actor Sapna Choudhury would join the Congress, “Rahul’s mother was also in the same profession in Italy and his father made her his own. He (Rahul Gandhi) should also take the family tradition forward and make Sapna his own.”

Crimes against women have been consistently rising in the country. In 2021, out of six million registered crimes, 428,278 cases were categorised as crimes against women. This marked a 26.35% increase over a span of six years since 2016 when 338,954 such cases were recorded. Similarly, according to the National Crime Records Bureau (NCRB), reported cases of rapes against Dalit women witnessed a troubling 45 percent increase from 2015 to 2020. The data tells us that on an average of 10 incidents of rape against Dalit women and girls are reported daily across India.

What contribution have BJP and their allies’ leaders made to these statistics? In the very recent case of sitting MP from the RD(S), which is part of the NDA alliance, from Karnataka, Prajwal Revanna, who has been noted to have made almost 3000 videos of women being sexually exploited or assaulted, is now reportedly absconding from the country. Sabrang India further noted how several leaders of the BJP have been accused of crimes against women, including MP Brijbushan Sharan Singh, now-convicted Kuldeep Singh Sengar and Ramdular Gond etc. 

Similarly, the BJP’s response to crimes against women has been harrowing. The Hathras rape and murder case of a Dalit woman in UP reveals the harrowing way in which the party has seemingly revealed its position on women’s issues. A young Dalit girl was brutally raped and subjected to brutal and fatal violence by four upper caste Thakur attackers in September 2020. The family of the victim were subjected to threats and fear and intimidation after the incident as it gained limelight. Her family was also denied the right to bury her, as her body was reportedly forcibly cremated by the UP police one night. Similarly, witnesses were also harassed and intimidated during the trial, which resulted in the conviction of only one Sandeep Sisodia, and acquittal of the three others. This took place despite the victim giving a testimony against the four in front of a magistrate before her death. Three Muslims, which included two journalists and a taxi driver, who were visiting Hathras to cover the incident were instead arrested and imprisoned for over three years. Furthermore, a report by The Wire claimed that the UP government, under BJP’s Yogi Adityanath, had tried to use PR firms to push the narrative in foreign media that the victim was not raped. 

Similarly, if we move east to Gujarat, the Bilkis Bano case was a harrowing case from the 2002 Gujarat massacre. Recently, in January 2024 the Supreme Court squashed Gujarat’s BJP-led government that granted remission to her rapists. Before the order was squashed, the rapists were released from jail to be received by the Vishwa Hindu Parishad with garlands and sweets. The rapists were also incidentally seen sharing the stage with BJP MLA and MP in Gujarat in 2023. 

Bilkis Bano had been gangraped in Gujarat while being pregnant. Seven of her family members, including her 3-year-old daughter, were murdered in the horrifying carnage. 

The track record of BJP, its ally parties and organisations, seems to paint a harrowing picture of the BJP’s stance on women’s issues. 

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The post Report card: BJP and crimes against women appeared first on SabrangIndia.

 The grandson of JDS chief and former Prime Minister HD Deve Gowda, reportedly left for Germany after voting took place in his constituency on April 26. His father HD Revanna, who is a MLA for the Holenarasipur constituency, has also been accused in the case of sexual harassment after a former house cook of their filed a complaint. 

Almost 30,000 explicit videos were allegedly made and shot by the MP which were also circulated widely in Revanna’s constituency Hassan in Karnataka.  Several of these videos, as per Hindustan Times, also recorded incidents of sexual assault. As India’s Lok Sabha elections continue, the incident has now received international media attention. Outrage has peaked on social media as this regime’s record of insensitivity on gender crimes reached a peak with this incident.

The news of the alleged crime has sent shockwaves across the nation. News reports have even reported that a 47 year old domestic worker employed by the family as a cook was sexually assaulted, and has written in her complaint at the Holenarasipur police station that the employees would always be scared of the father and son, “When I joined, six other maids would say they were scared of Prajwal. The male employees, too, would ask us to be wary of H D Revanna and his son Prajwal.” She has also claimed that her daughter too was assaulted. For reporting the assault, she has stated that her and her family’s life is under threat right now. 

Furthermore, what is shocking is that it is also reported that BJP Leader Amit Shah knew of these allegations because Karnataka BJP leader Devaraje Gowda has claimed that he wrote to the senior BJP leader that the party should not associate with the Revanna family in December 2023.   Police has thus far lodged a case against Revanna and his father on charges of sexual harassment and criminal intimidation. The Karnataka Women’s Commission has also taken note of the incident and the of commission, chief Nagalakshmi Chaudhary has written to the police chief to take action against the culprits. The commission also reportedly recommended the state government to take action after which the SIT (Special Investigation Team) has reportedly formed to investigate the case.  

The letter to Amit Shah being circulated on social media may be read here:

How did Prajwal Revanna escape to Germany?

Prajwal Revanna is part of the National Democratic Alliance (NDA) after last September when the Janata Dal (Secular) allied with the BJP. It was also reported by India Today that in June 2023, Revanna had sought a gag order against media houses to not publish sexually explicit videos of him. As of now, Revanna has reportedly left the country to Frankfurt, Germany immediately a day after voting took place in his constituency on April 27. This raises the question: how did Revanna manage to travel abroad, did he receive special assistance?

Meanwhile, in what seems to be a confirmation, Prajwal’s father H D Revanna has said that the videos are 4-5 years old, of which a ‘conspiracy’ is being made, “I know what kind of conspiracy is going on. I am not someone who’ll get scared and run away. They have released something that was 4-5 years old. Expelling him from the party is left to the party high command.” He also denied claims that Prajwal left the country due to the allegations, and said that he did not know of any FIR as he already had plans to go abroad.  

Revanna himself has so far denied allegations  and has filed a complaint claiming that the videos being circulated are doctored. But both BJP and JD(S) have distanced themselves from Revanna. JD(S) leader H D Kumaraswamy has stated that he would like to wait for all the facts to come out before taking a judgement on Prajwal, who is also his nephew. Kumaraswamy also claimed that he had nothing to do with his nephew’s swift departure from the country the minute the allegations went public. Interestingly, Kumaraswamy has also claimed that this is a “family issue”, “It’s an issue of the Revanna family, we have nothing to do with it, they are four living separately.”

He also stated, “It is not related to me. SIT probe has been ordered, officials have been put to work. If he has gone to a foreign country, getting him back is their responsibility. What should I say, if I’m asked. They (SIT) will get him, don’t worry.” 

Amit Shah, India’s union home minister has asked what the Congress was doing for many years when the incidents took place, “BJP’s stand is clear that we stand with the ‘Matr Shakti’ of the country. I want to ask Congress, whose government is there? The government is of the Congress Party. Why have they not taken any action till now? We do not have to take action on this as this is a law and order issue of the state, the state government has to take action on it. We are in favour of the investigation and our partner JD(S) has also announced to take action against it. Today there is a meeting of their core committee and steps will be taken.”

#WATCH | On ‘obscene videos’ case involving JD(S) MP Prajwal Revanna, Union HM Amit Shah says, “BJP’s stand is clear that we stand with the ‘Matr Shakti’ of the country. I want to ask Congress, whose government is there? The government is of Congress Party. Why they have not… pic.twitter.com/bAZYw7i1oi

— ANI (@ANI) April 30, 2024

Meanwhile, the All India Mahila Congress president Alka Lamba has called on CM Siddaramaiah to write to the Ministry of External Affairs (MEA) to call on Germany to extradite Prajwal, “We need to see if the MEA will act or keep quiet.” Lamba has also claimed that when Amit Shah recently visited Mysore in March or February, senior party leaders such BJP MLA Preetham Gowda, ex-MLA A T Ramaswamy and district leaders asked the party not to let Prajwal contest. However, the candidate at Hassan was once against Prajwal. 

According to India Today, the senior leader of the JD(S) H D Kumaraswamy also said that he was confident “their” candidate would win from Hassan, “ As far as the election is concerned, we have first-hand information that our candidate will win. Everybody is saying that.”

What does this mean for the hundreds of women who suffered the assaults? Will the JD(S) will actually take any action against Revanna and suspend the accused from the party and ensure that justice is meted out to the victims legally? Or will he also be forgotten, deliberately and become another Brij Bhushan?

This is not the first time a leader associated with the NDA or the BJP has been accused of heinous sexual assault related crimes. BJP MP from Kaiserganj, Brij Bhushan Singh is also somebody who has been accused of grave sexual crimes, including assaulting minors. Wrestlers protested for justice to be brought against him for almost a year however, their protests were to no avail and the courts are yet to frame charges against him either. Similarly, Kuldeep Singh Sengar who was finally convicted in 2019 for raping a 17 year old girl in 2018 was also from BJP. He is also suspected of killing her father and criminal intimidation. There was a huge public outcry against Sengar, who reportedly also tried to kill the victim and her family multiple times during the case. He was suspended by the party, who shared the news with the public in 2019 after there was mounting pressure on the party to share its stance. 

Similarly, recently The Wire reported that a BJP MLA was yet to be disqualified from the Uttar Pradesh assembly despite being served a sentence of 25 years for rape.  The MLA Ramdalur Gond was convicted in December 2023 for a case of raping of a minor that took place in 2014, yet was still continuing to serve his term as MLA.

Ankita Tiwari assaulted and murdered in Uttarakhand

The most recent and one of the most harrowing cases is from Uttarakhand, where the young and bright 19 year old Ankita Bhandari was murdered in 2022. The resort where she worked was reportedly owned by Pulkit Arya, the son of a senior RSS and former BJP leader Vinod Arya.

 The murder ignited widespread outrage, leading to protests across the state. The parents of the victim also led the protests for days, hoping to find justice for their daughter. However, what is worse is that the case saw great obstruction of justice, where Ankita’s parents were shuffled from one police station to another when they tried to file an FIR. Pulkit Arya had reportedly already informed the police about Ankita being missing earlier. What is even more alarming is that MLA of the area, Renu Bisht from the BJP bulldozed the resort after Ankita’s death.  A JCB driver told the courts that he was not just called once but twice to demolish the resort. The second time he reached, Bisht was present at the resort, giving instructions. Pulkit Arya and his two associates have reportedly confessed to the police during interrogation. 

The parents, as recently as April 2024, continue to ask for justice, including action against BJP MLA Renu Bisht for allegedly destroying evidence and also against SDM Pramod Kumar. The family has also demanded action against BJP Secretary  Ajay Kumar, who is said to be the VIP for whom Pulkit Arya reportedly tried to force Ankita to provide “special services” in exchange for money.  

Uttar Pradesh: Rapes and murders

Before that in Uttar Pradesh, first the Unnao gang rapes and killings of Dalit women and then Hathras are blots on BJP’s record. February 17, 2021 a horrific news of three Dalit girls tied up in a field and allegedly poisoned was reported from Unnao district, Uttar Pradesh. While two were found dead, one is battling for her life. The doctor has reportedly said that the girl’s survival rate is low because there seems to be considerable brain damage.

Unnao is also infamous for its 2017 gang rape of a 17-year-old minor which led to the conviction and life imprisonment of the former BJP member Kuldeep Singh Sengar, who was also held responsible for the (judicial) custodial death of the survivor’s father. Her relatives met with similar fate and died in a mysterious car accident.

A 19-year-old Dalit woman in Hathras, (2020) named four upper caste ‘Thakur’ men in her dying declaration after she was raped and strangled to death. The barbarism continued when the Uttar Pradesh Police first, delayed immediate medical attention and eventually denied that she had been raped.

In August, 2020, Lakhimpur Kheri in Uttar Pradesh reported the rape and murder of a 13-year-old girl who was strangled and left to perish in a sugarcane field. This was followed by a 17-year-old Dalit girl who was raped and killed while returning home after filling a scholarship form at a cyber cafe. Days later, in September, a three-year-old child was raped and murdered in the fields due to family enmity with another family in the same district, which acquired a lot of media attention.  

It seems Prajwal Revanna is another name in the list of harrowing incidents and crimes associated with the party. With this list of past examples, it is crucial to see what the NDA and the respective parties will do with Prajwal Revanna and his candidature. 

Related:

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Outrageous! BJP Mahila Morcha leader says Hindu men should gangrape Muslim women to protect India

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Is BJP-Ghaziabad police nexus trying to cover up minor’s rape incident?

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In a detailed analysis issued the day after the Bill was tabled in the Uttarakhand State Assembly on February 6, women’s groups from the state have sharply condemned a Bill that criminalises constitutional behaviour, and introduces moral policing is unacceptable. Besides the analysis states that the the Bill which is predominantly a cut paste from the Hindu family laws, does not remove inequalities in family across the spectrum of religious and secular laws, but criminalises the Muslim minority and autonomous, consensual behaviour of adults.

Rejecting the form the Bill is in, in toto, the women’s groups have demanded that it is sent to the Standing Committee for further deliberations. The brief analysis has been signed by Uma Bhatt, Malika Virdi, Chandrakala, and Nirmala Bisht, Kamla Pant, Basanti Pathak from the Uttarakhand Mahila Manch.

“On a perusal of the draft Uniform Civil code (UCC) Bill presented at the Uttarakhand Legislative Assembly, it is apparent that the rhetoric that the Chief Minister of Uttarakhand and his Government were mouthing has been actualized through the draft. Therefore, while seemingly being uniform across religions, the Bill is actually criminalising and regulating constitutionally acceptable behaviours, like adult consenting cohabitation, called “live in’, reducing autonomy and choice, which the women in this country have attained through concerted , inside the homes and on public platforms. Moral policing measures have been introduced in this regard.

“What is shocking is that this law is applicable even to those living outside Uttarakhand, apart from being applicable on all residents of the state including those who do not have a domicile. Interestingly there is a glaring silence about the rights of queer and transgender persons within a family and the rights of transgender and same sex persons to marry.

“Majorly it seeks to introduce changes in the provisions that are perceived as defective in the Muslim law, such as unequal inheritance, polygamy and the practice of halala ( by which a person can only remarry his divorced spouse after she has married someone else, consummated the marriage and thereafter obtained a divorce).  In one sense the Bill has terminated the application of Muslim family law and has further criminalised the Muslim man and woman.

“Ironically, the Bill has not incorporated positive and progressive aspects of Muslim law such as the compulsory payment of mehr by the husband to the wife which provides financial security of the wife,nikahnama (marriage contract) which allows for the spouses to add legally binding conditions that are mutually acceptable, and a  1/3 limit rule for willing away property.  Had the intention of the Bill genuinely been to bring about gender justice, such provisions could have been extended to women of all communities.

“The discrimination that Hindu women face in the family, and which stands unaddressed in the various family laws prevalent in the country, be they the religious personal laws or the Special Marriage Act have not been addressed at all.

“So also, there is a total silence on addressing the issues of discrimination against women within the Hindu Joint Family or rather the provisions are so drafted that they cannot be applied to the Hindu Joint Family and coparcenary property owned by it.

“The 2005 amendment to the Hindu Succession Act, provided daughters right to coparcenary property on par with sons, but excluded other female members of the HJF such as widows, wives and mothers. The Hindu Joint Family is premised, even after the 2005 amendment , on descendants (male and female) from a common male ancestor. These glaringly patriarchal and gender discriminatory provisions have been left untouched by the Bill.

“The Bill is completely silent on the application of Christian family law and Parsi family law as well as other religious communities, which, apart from being legally untenable, means that these personal laws also have been terminated in the state without any consultation with the said communities.

“The five Tribal communities of the state have been excluded, giving preference to customary law, however, other communities that work with customary law cannot seek intervention there as it has been set aside and termed illegal.

“The critical aspect of any law is that every stakeholder in the law should be able or should have the space to access the law. In the prevailing climate where minorities are being targeted, it will make it difficult for women from minority communities to access any uniform law, howsoever progressive it is made, (which is not the case in this retrograde law), when its basic objective is to show one upmanship over minorities, especially Muslims.

“To illustrate how the Code Bill follows the Hindu law template, it is important to note that the existing realities that make equal provisions of inheritance in the Hindu law unrealisable, have not been factored. For instance, the reality that property is by and large purchased in the name of the man, is not factored. This means that after the male expires, the property will be inherited by his parents (but not by his wife’s parents), along with his Class I heirs, in the same share. That, according to the Bill, her property will also be inherited by her husband along with her parents as Class I heirs, has no meaning in a society that by and large does not purchase property in the name of females.

“In other ways the structural discrimination against Hindu females has been kept intact. The concept of matrimonial property has not been introduced, despite the Law Commission of India’s recommendation in this regard. Similarly, the positive provisions from the Muslim law or the Goa law, such as the restrictions on making a will to render equal inheritance rights to naught, have not been considered in the framing of this law.

“The Bill has retained restitution of conjugal rights as a matrimonial remedy at a time when its constitutional validity has been challenged in the Supreme Court. This is a regressive provision with colonial origin, that legally compels unwilling spouses to live together in the name of consortium, companionship and conjugality.  In the case of a wife, she may be subjected to rape and forcible pregnancy by the husband.

“Criminalising the violation of compulsory registration of marriage without a provision in the law for creating awareness and facilitating documentation, in effect will mean that people will be rendered law violators for no fault of their own, and be subject to penalties. In a state with poor socio- educational status of women, the ramifications are bound to be more adverse for women.

“There is a function creep in this law, in that this Bill is intended to target political dissenters and those who are minoritised, which includes, the minoritised with the Hindu community as well. Therefore, in the guise of establishing non-registration of a live-in relationship, the State will have the power to enter the home and surveil. Criminalisation of adults in consensual live-in relationships, who may have deliberately decided to avoid marriage and its legal consequences, appears to be overshadowing other intentions.

“Fundamental rights are either denied or taken away by this law. Even the existing provision of the right of women to reside in their matrimonial homes, has been taken away. Thus rights to equality, right to live and livelihood and to live with dignity, right to freedom of speech and expression, freedom of conscience and right to freely profess, practice and propagate religion, have become casualties under this Bill.

“There is also total silence on areas pertaining to custody, guardianship and adoption of children, which are critical areas around which there has been much gender-based discrimination.

“No special provisions have been brought in to safeguard the rights of queer and transgender persons within a family and the rights of transgender persons to marry. Similarly, same sex marriages are not envisaged or recognised under the draft Code. The concerns addressed by persons with disability that required special provisions to safeguard the rights are also not addressed in the Bill.

“In this form, this Bill should be referred to a Standing or a Select Committee for wider deliberations, as the Bill, which has much import for the people of Uttarakhand and also for the rest of India as a precedent setter, needs to be discussed and people’s, including diverse women’s, queer and trans communities’ responses from Uttarakhand need to be taken into account.”

Related:

Uniform Civil Code or Gender Justice?

The Implementation of a Uniform Civil Code

Muslim women need not move court to register divorce by talaq: Kerala High Court

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The Broadcasting Bill blurs the distinction between journalism and content creation. The definition of news and current affairs has been deliberately left so broad that all sorts of online media can be controlled through it. It clubs together both broadcast and digital media, although broadcast media includes the big channels while digital news media channels are often small outfits run by one or two persons. Many clauses, particularly those relating to self-censorship, are completely impractical given the nature of small news media. Some dangerous clauses include the power to seize electronic devices including studio equipment. There are apprehensions that the Bill could muffle independent voices including those of YouTube journalists, news analysts and digital websites.

In the opinion of these journalist associations, such a bill could wait till the formation of a common body like a Media Commission of India comprising experts and stake holders who could look into all aspects of self-regulation rather than inviting government control. Today there exists a wide spectrum media, ranging from print, broadcast, digital to TV and other media and it is not possible to regulate it through such measures. Instead, it is necessary to organize extensive consultations with all stakeholders, look into the common grievances’ and seek common solutions. Decisions made without democratic consultations could smack of authoritarianism.

The statement states that the NAJ, the APWJF and NWMI also apprehend that the Broadcast Bill is being pushed in a hurry and could be yet another attempt to curb independent thinking, protest and dissent. Therefore the demand is that it should be immediately rolled back. The statement by Sujata Madhok, general secretary, DUJ, AM Jigneesh, DUJ, G Anjaneyulu, Predient, and APWJF and N.Kondaiah, Secretary General, NAL and SK Pande, Presdident, NAJ also notes that the Bill is ominously, inexplicably silent on concentration of media ownership in big corporate hands which is itself a big threat to freedom of expression and diversity of opinion.

Related:

Broadcasting Bill adverse to freedom of speech & freedom of press: EGI

Passing of Telecommunications Bill amid suspension of 97 opposition leaders sparks fears of rights infringement & surveillance

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