No Justice for India against Sexual Violence

Retribution and fear have failed justice.

On 14 th September, a 20-year old Dalit woman was sexually assaulted and raped by four
upper-caste men. The injuries she sustained included multiple fractures, broken spinal cord, gouged
out eyes and cut-off tongue. She was admitted to Aligarh’s Jawaharlal Nehru Medical College. Later,
she was shifted to Delhi’s Safdarjung Hospital where she succumbed on 29 th September. It has been
alleged that there was a ‘delay’ in shifting her to Delhi.
On 29 th September, the UP Police cremated the body of the victim, allegedly, in a forcible manner.
The Print reports, the victim’s family was not present during the cremation. Authorities initially tried
to take the ambulance directly to the cremation site without stopping at the victim’s house.
However, as the vehicle carrying the victim’s body moved forced, some family members who were
patiently waiting with a crowd of 120 people blocked the way in protest.
Following this, Joint Magistrate Meena spoke to the crowd. The victim’s father appealed to the
people to remain calm. Finally, the ambulance was redirected to the native home. According to the
victim’s family, the authorities allowed them only 20 minutes to finish off the rituals. The family
didn’t agree. In the words of Meena, the authorities then “used light force to clear the area”.
150 policemen who were deployed in the area formed a human barricade within which the
cremation took place without the family’s approval. Generators and wood logs had been
prearranged. Around 2:25 am that day, when the pyre was lit without letting the family members
see the victim’s face one last time, the Indian state became apathetic to their emotional trauma.
Apathy and inconsideration are a general feature of the Indian criminal justice system. The mother
of the victim while talking to NDTV had said that her family was “sent away from the local police
station when they went to file a complaint.” The victim was unable to speak that’s why the police
didn’t file a case of gang rape, the mother said.
The family of the victim has also alleged that the police had initially accused the victim of “lying
about her injuries”. The case was earlier registered as attempted murder, only later were rape
charges added when the victim was able to speak and give a formal statement. UP Police is still
waiting for a forensic report that confirms rape. Earlier, IG Piyush Merdiya of the UP Police had said
that “no signs of rape were found during the medical examination”.
A mass of people on social media have been asking “why the term ‘Dalit’ is being invoked while
referring to the victim?” Identity is invoked when a person has been wronged as a result of their
identity. “Though there is dominance of one caste in the village, I came to know about my sister
being targeted by these men only when she recorded her statement. They told her if she didn’t
submit to their ‘demands’, they would shoot her brother dead” the victim’s brother had told the
Hindu.

The Hindu’s report also mentioned “an old animosity between the Valmiki and Thakur families”. All
the four accused have been arrested by the UP Police. All of them belong to upper castes. The caste
identity of the victim is being invoked because of the “possibility” of a caste angle in this brutal crime
that the police must investigate.
Chief Minister Yogi Adityanath who was silent initially finally spoke promising strict punishment.
That too came after the directions of Prime Minister Modi. His government has announced a relief
package of 25 lakh rupees, a house, and a government job for one member of the family. There has
been a cloud of silence from Lucknow, though, on what exactly transpired on the night of 29 th
September.
The Yogi Adityanath government came into power with the promise of “ending Jungle Raj” in UP. His
government’s policies for curbing crimes against women have been the formation of a ‘Romeo
squad’ and public shaming of the “accused” in cases of crimes against women. Are his policies
working? 4,05,861 cases of crimes against women were reported in India in the year 2019. Uttar
Pradesh topped the list with 59,853 cases. The data comes from a report released by the National
Crime Record Bureau (NCRB).
‘Not a political question’
The failure of tackling and reducing crimes against women is not a political question. The
Government’s role is to ensure an unbiased and efficient investigation as well as support for the
victim and her family members. There are numerous flaws in the criminal justice system of India.
However, those institutions come into the picture after the crime has taken place. How is it possible
to reduce these crimes?
Is it a legislative question? Following the horrific case of Nirbhaya in 2012, major amendments were
made to the law. The Modi government also took strict measures by amending the POSCO Act.
However, have these legislative measures or ‘strict laws’ helped us in reducing crimes against
women or sexual violence?
The question of reducing sexual violence or crimes against women is more of a social question. How
does society react to these cases? In the aftermath of the encounter of the four “accused” in the
Priyanka Reddy case back in December last year, the Hyderabad Police had received overwhelming
public support. The question of lapses in response and investigation were bypassed due to this
support.
In the Hathras gang rape case too, social media was filled with requests for “Hyderabad wala insaaf”.
‘Insaaf’ means justice. Is justice all about retribution? The police can indeed kill the accused in fake
encounters, but the underlying question is, will that help us reduce sexual violence? Did cases of
sexual violence and crimes against women reduce in Hyderabad?
The inculcation of fear and public’s demand for retribution have failed the cause of justice. What we
need is a new approach to the problem. Until and unless, the Indian state and society are not
prepared to study criminal behaviour and make amends in their thinking, there will be “No Justice
for India against Sexual Violence”.