Introduction:
Today, standing a month ahead of Durga Puja, the celebration of a women’s pride, strength, and above all her dignity, aren’t we still ashamed? We the people, the government, the police, the media everyone is proving the point of us being nothing but a piece of misogynists and opportunists. By now everyone is aware of where am leading. Yes, I am talking about the Hathras Rape Incident. I am scared to be a citizen of a country where in one room women are worshipped and the other room they are raped to death. I am not sorry for deciding to speak up because I was assured that after the brutal murder of Nirbhaya victim in 2012, there will be no more Nirbhaya in the country. The graph has not declined but our utmost shock has only seen a rise in the past years.
When we talk about feminism, women empowerment, laws being drafted for women’s rights, etc do we ever actually pound of the fact that these things don’t matter if not in the right hands. The administration has failed to prove to us that we are not in the right hands. We are nothing but hypocrites where we claim to cherish women’s victory but don’t fail to prove that they are fragile and can be anytime but raped and killed.
Gita speaks of four ways to hell which are Greed, Pride, Anger, and Lust. We definitely are going to one. Women are not objects of lust. A woman is compared to mother earth. It is she who nourishes a child to be a gift to the world; the same woman works for the society, the same women nurtures a family. A woman is not a toy to be played with. A woman’s dignity is not a joke.
This incident of rape which I could call a murder was put up in such a way that it felt like where did we go wrong as human beings. Animals are better than us.
Today, when the media is hovering over the news on the death of the 19-year-old girl, it points out many facts and the unquestionable position of the government is securing the right of a woman to live with dignity.
She was burned in a nameless ground in the hour of darkness. We failed to give her the last of her right which was to get the last touch of her parents. We just not only did forbid a family from seeing their daughter for the last time but proved ourselves from being ruthless and preach of dogmatism. Was she the one to commit the heinous crime that led her to be burned in such disguised manner? Why aren’t the 4 men behind the bars yet? Why aren’t they disguised and killed or tried for what they did?
We pretend to be intellects, feminist but where is our voice today? While we add up any other woman to Forbes or any other reputed magazine we need to first look inside our homes and teach our son’s to behave, the government to answer the unheard, the police to protect us.
Will the same cops who buried the girl will go back to their home where his mother will be waiting at the dining table, his wife getting him water, and his daughter beaming with happiness to see her father return back from work without a hint of shame? Will they be able to sleep at night? Won’t the voice of the cry of the girl’s parents haunt him? Will the same government yet again the next year come to the same district to ask for votes?
Living with dignity is our right and not a choice of a particular to give it to us. Right which is declared in the broad light of the constitution doesn’t need a rephrase or separate column to understand it, it’s nothing but commonsense. We are submerging into the darkness by the faulty actions of the administration.
The other angel to the case was the girl’s caste minority. Now, the question might arise why her caste minority is being highlighted. The act of the administration speaks a different story. The indifferent attention to the case drives us insanely asking the same question if the girl weren’t a Dalit was her right to even die peacefully be restored. The murderers were none but the self-proclaimed upper caste Thakurs. Yes, they are self-proclaimed cause after 73 years of independence we all citizens we were supposed to be treated equally not on who are Brahmins, Thakurs or Dalits.
It is not just the death of a child; it’s the death of our Humanity. From today we will be questionable to our next generation on what we did to secure their right to a free space where they are not caged in the fear of being raped. Let us all come together to deny the point that we cannot change the administration until we are a part of the administration. As a citizen the voice of the child went unheard but let her parents be given justice in the light of peace and humanity.
We don’t want another Nirbhaya or Hatras incident. We don’t want to be another political agenda for a political party for the next election. We ask for nothing but justice and to stop such crimes by awarding an equal amount of painful death to the culprits.
What happened that day?
The horrific incident came to haunt us on 14th September 2020. A 19-year-old girl from Uttar Pradesh was driven out of her work and was gang-raped and left to die by four men allegedly belonging to the Upper Caste, Thakurs. Won’t shy away to state the fact that she was not just raped but her neck and spinal cord were broken, she bit her tongue while she was being strangled to death. The men tried to overpower her by clubbing up in a gang and forced her life to a death sentence.
The girl was first admitted to Aligarh Muslim University’s Jawaharlal Nehru Medical College and Hospital. Later she was shifted to Safdarjung Hospital. She suffered from multiple fractures, was paralyzed and the incident drew a parallel view to a similar case that took place in 2012, in the Capital famously known as the “Nirbhaya” case. On, 23rd September, the victim gained consciousness for a while and recorded for three names of the accused. The three men were Sandeep, his uncle Ravi and their friend Luv Kush. After fighting for her life for 14 days finally the victim gave up on her life. That was not the end.
On 30th September, Wednesday at around 2:30 am the Police cremated the body. The controversy arose on why the administration took the abrupt decision of taking the last right of the girl and her family to have a proper funeral. Her family had to endure another night of horror where they saw their daughter being cremated in a nameless ground like thieves in midnight. Why weren’t the parents informed of such an abrupt call by the administration? When they asked for their daughter’s body why were they refused?
The Night of the Death
Security was tightened at Safdarjung Hospital where the girl gave up her last fight. The Congress and the Bhim Army workers campaigned protests outside the hospital demanding justice for the Hathras victim. A heated exchange of arguments took place between the security personnel and the protestors; the media was hovering to cover the last of the girl. Her brother and father awaited the arrival of their daughter’s body outside the hospital and also took part in the protest. The victim’s brother stated that his sister’s body was being whisked away by the UP police without their knowledge. Later that night both he and his father were taken by the cops in a black scorpion registered under UP plates.
Disturbing videos started circulating over social media where the family of the girl argued with the cops. The female relatives threw themselves against the ambulance carrying the body of their daughter. It was alleged that they weren’t even allowed the last look of their child.
The police vehicles were stopped at several junctions from cremating the girl. The police were alleged to have pushed away the crowd and formed a chain to prevent the family, relatives, and media to witness the girl’s last rites. The family had appealed the District Magistrate Praveen Kumar Laskar to allow them to take the fragile body of their daughter to at least give her last right to part away with dignity and amongst her own family. The family was allegedly locked up in a room just before the cremation took place.
The Brother of the girl mentioned to PTI on how the police forcibly took the dead body and his father along with them to the cremation. When his father reached Hathras he was rushed immediately to the crematorium by the police. A relative stated that the girl’s father was accompanied by 30 to 40 people (relatives and neighbors) to go to the crematorium situated in Bool Garhi Village, under the jurisdiction of Chandpa Police Station, Western UP.
The Forensic Report
The autopsy report spoke of an entirely different story. No Rape report was mentioned in the final diagnosis to our utmost shock. Although it did mention some tear in her private part.
The Uttar Pradesh police made a statement saying that her forensic reports failed to give any evidence of raped or gang-raped. The post-mortem report apparently signaled neck injury as the reason for death. Forensic Science Laboratory reports found zero traces of sperm directly clearing the charges of rape and the matter to be a just a caste disruption case.
The senior UP police Prashant Kumar promised the arrest for such people trying to instigate such hatred.
Few experts alleged that samples being collected days after the incident have caused zero signs of sperm traces. The report mentions how the girl was strangled with her dupatta (Indian drapes) but wasn’t the real reason for her death. Apparently, she was found naked bleeding, her tongue cut to just stir up a casteism propaganda. A senior officer at the forensic department stated that the post-mortem report mentions old injuries that might have healed during the treatment. No signs of fresh injuries thus leading no reasons to rape as the cause of death and that a serological report is still yet to arrive.
The previous hospital where she was admitted in Aligarh reported signs of force but weren’t sure of any forced sexual intercourse. They were waiting for forensic reports to clear the air. Either we are stupid enough to be fooled and misguided by media reports or some serious hiding is going on what actually happened. Science is not always apt. There are loopholes to everything. Just declaring such an uptight case to be a mere assumption and way to spread casteism is nothing but ridiculous. Instead of giving justice, we are yet again back to stage 1 proving whether someone was raped or not.
Failure of the Administration?
The police refuted the charges of snatching the free-will of the family. An official statement described the presence of the Senior Police and Administration officials at the crematorium in the middle of the night.
The victim’s father while speaking to the NDTV said that they wished to do the last rites of their daughter according to their Hindu traditions. Instead of them protesting, the officials performed the cremation. They were denied from seeing their daughter’s body for the last time.
District Magistrate, Praveen Kumar Laskar stated that they had videos of the family being present for the rites and he will be happy to share the same with the media. He brushed off the media reports by saying that both the family and few members were present in the crematorium.
The Superintendent of Police, Vikrant Veer denied the reports of exigency by the police to hold a cremation at night.
According to a family member the police first accused the girl of a fake rape report and charged her for vague injuries. Initially, a case of “Attempt to murder” was filed by the police. A week later after recording the statement by the victim, rape charges were taken into consideration.
A Senior Officer claimed that the rape had not been confirmed and that they were awaiting forensic reports.
As per reports of the brother of the victim to BBC Hindi, no arrest was made in the initial 10 days.
Sushmita Dev, a congress leader stated that no FIR was filed for 8 days.
The question is on us to decide whether the administration failed the girl and her family. When in our country the rape victims are not trusted, their cases remain unheard, and failure in restituting rights by not filing FIR takes place, where the administration went wrong gets justified. We are in a disillusion that the women in this country are safe. Can someone feel the pain that the family endured during this entire trial of failures to file a complaint and get justice?
The ruling government was quick in claiming that all the above information were nothing but misleading by the oppositions to victimize the UP Government and strike a controversy.
Actions taken by the Yogi Adityanath Government
The government of Yogi Adityanath instantly formed an SIT (Special Investigation Team of 3 members) headed by the Home Secretary, Bhagwan Swaroop, and other two members comprising of an Additional Director General, Chandra Prakash, and Poonam, Commander of Police Armed Constabulary in Agra. The SIT was asked to submit reports within 7 days. A fast track court was set up and will begin the hearing of the case.
The arrest of the culprits was done soon after the statement of the victim was recorded.
CM claimed to have spoken to the Prime Minister who has asked him to take strict action against the culprit.
The State Government announced Rs. 25 lakhs to the family of the victim. A government job was promised to one of the members.
Saving some cash or government job for the family on account of such a horrific incident to their child is fair? The need for speedy trial and the successful award of punishment to the culprit would actually determine a relief to not just the family but to the whole nation. Immediate action will be the best answer on the part of the administration, not just some cash or job relief.
Let’s expect a speedy trial and nothing in comparison to how long it took for our judiciary to administer justice to one of our sister in the Nirbhaya Case.
India’s Caste Discrimination affecting Rape Trials?
Well, our Hon’ble President Mr. Ram Nath Kovind represents Kori Caste, a more underprivileged caste than the Dalits. Him being elected as the Head of the State was a ray of hope for the not so privileged class of people. But where is the hope exactly when news of rape cases and their complaints are jeopardized due to the long-prevailing caste arrogance?
What led to the highlight of the girl’s caste?
Chandrabhan Prasad, a Dalit writer took shots at the BJP led government by calling them anti-Muslims and ant-Dalits. He blamed the government for polarizing the country in a bid to boost its electoral dynamics. He went ahead stating that the Dalit community is paying a price for the freedom they enjoyed in the last 7 decades.
The family reported to the Indian Express that the accused were the same people from the Upper Castes who have been niggling the Dalits of the area for years now.
Dalits are treated as the most browbeaten citizens because of the long-prevailing hierarchy and obsessive dictatorship in the hands of the Upper Caste. Separatism towards them has prevailed over the years instead of several laws sanctioned to protect their rights. The Dalit population ranks for 200 million in the country.
The Dalits have now adjusted to the fact of them being. Abuse in the hands of the Upper caste no more stings them.
One of the Dalit members came forward after the Hathras case to finally speak about the plight of the Dalits in the interiors of the country. The silence of the Dalits is nurtured by the fact of Valmiki Families being outnumbered by 15 out of the 600 families. The Thakur and the Brahmins occupy for the 100 families. They are not allowed to visit the local temples, drink from the same well, attend the local schools, and have a common cremation grounds.
The families while speaking to Indian Express have sadly given up on their state of life and expect nothing to change in the coming times. They fear of being exposed to atrocity once the media stops covering the case have threatened the people of Hathras. They all are mere laborers who work for daily wages in the lands of the Upper Castes. Many of them don’t even own their own lands. The 19-year-old mother claimed their neighbors who are Thakurs and Brahmins did not even pay a visit to them for condolences. She stated how they collect food from their farms and the least she could expect them was to visit them in their state of loss.
A poor farmer cried for help. Their kids go to the schools run by the Upper Caste where they are treated as untouchables. He narrowed his fear more by stating that their life rests on the police and administrations which are either run by the Brahmins or the Thakurs. He wants his kids to take education and rescue themselves from the plight that their entire generation has faced.
The school authorities have however refrained from commenting on the issue.
A woman came up to complain against the Pradhan and his Panchayat who intentionally shade the Dalits away from the meetings and how unsuccessful they are in providing them justice.
The Pradhan however rubbished the allegations stating them to be false and that he represents all the caste people. The remark of Pradhan on the rape case should make for separate column as he states that the men can be innocent too and the family might be hurt but should wait for the completion of the investigation first before making such allegations.
The Dalits and the other caste people are scared for their life. Who to blame? Our administration or us the people who claim to be a part of the self-proclaimed hierarchy which is killing people not just physically but mentally by incriminating discrimination in ways we can ever imagine.
Rape incidents are not new Political Agendas
So far many politicians have come forward projecting their grief and claims against the government.
Akhilesh Yadav, Samajwadi Party, stated the incident of the gang rape of the Dalit daughter to be brutal. He condole her death. He claimed to have lost all hope with the present insensitive government.
Priyanka Gandhi urged for the Uttar Pradesh’s CM to resign. She claimed the consecutive incidents of rapes in Hathras, Shahjahanpur, and Gorakhpur to have rocked the state.
Sonia Gandhi while stating to Times Now, slammed the UP government for killing an innocent ruthlessly.
While opposing the charges, Lok Singh Arya, the Morcha Chief claimed that the BJP government has given platforms and equal representation to all castes since their rule. And that the protest is instrumented by the opposition party.
While tweets and sympathetic posts kept flowing from the stalwarts of the society the question of the rights of the Dalits still remain vague and disrupted.
Now, how the incident can trigger a new political agenda?
Bihar holds for 18% of the Dalit population and a very extensive vote bank. Reports of protest across Bihar have been making news. This is not the first time that the ruling party is facing such caste-based protest.
In 2017 just few days ahead of Gujarat Assembly election, the ruling party was blamed for not taking action against the Dalit atrocities in Una, where few cow vigilantes were charged of whipping Dalit youngsters in public.
The Bhima Koregoan clashes in Jan, 2018 led to violence and casualties during the parishioners of Dalits on their way to honor the 200 centenary of an Anglo-Maratha war against the then Peshwa.
The Hathras Rape case should not amount to another political agenda and reverse the route of justice. The effect of caste bafflement should be treated differently from the case. It should be taken as a murder of any other girl in the country. The justice should be pure irrespective of any color or casteism.
NCW and Women Rights Activists
DCW Chief Swati Maliwal accused the police for not allowing her parents cremate their daughter. The DCW Chief has written to the Chief Justice of India and to all the judges of Supreme Court demanding the immediate hanging of the rape accused. In her letter she urged them to check the role of UP cops in the matter. Her concern drew parallel connection to her demand for justice and prompt action from the administration in Nirbhaya case. She criticized the grounds of priorities in the country where an actress was given security but not a 90 year old woman who got raped.
Women’s Right activists declared the action of the administration as an act done to rob the dignity of the girl even in her death. Kavita Krishnan, secretary of All India Progressive Women’s Association stated that the victim was denied ICU for six days.
Yogita Bhayana from People Against rape in India (PARI) described the case as a direct violence towards human rights. She brought the angel of being a Dalit. And that they feared that it would retaliate in a form of a caste war.
Shamina Shafiq, an activist stated that under any Hindu customs cremations after sunset was not allowed. She made a comparison to Nirbhaya case where the victim was flown to Singapore for treatment.
Well, the dynamics for Hathras Rape case victim was treated indifferently. Why wasn’t she given the same amount of treatment remains vague?
Right of Dead and Right to Decent Funeral
A protest arose when the dead body of 55 year old doctor, Dr. Simon Hercules who died of Covid-19 infection was taken into police custody. On his way to get buried several protests were held infront of the burial grounds. Justice M. Sathyanarayanan and Justice M Nirmak Kumar took the matter into their hands and explained the ambit of Article 21 holding the Right to have a decent burial. It held that any person hurting the sentiments of one’s religious belief and fails to respect the dignity of any human corpse or causes any sort of disturbances to any persons assembled to perform the last rites shall be punished with imprisonment for over a year or fine or both. The Hathras Case evoked all the above violations.
No law in India states for the cremation or burial of a dead as a State’s responsibility then why was Hathras victim cremated by the police who come under the administration of the State.
Section 404 of IPC presents embezzlement of a dead man’s property as a crime. Section 499 of IPC forwards defamation case on anyone trying to defame a dead person. Section 503 of IPC defines criminal threats in order to injure a dead person’s reputation as a crime. Section 297 of IPC awards punishment to anyone harming the dignity of a corpse or affecting the performance of a funeral with a term exceeding upto 1 year or fine or both.
Even after death a person’s right to dignity needs to be secured. The below Judgments of the Hon’ble Supreme Court preaches the same:
- S. Sethu Raja v. The Chief Secretary1, Supreme Court’s position on right to accord decent burial or cremation to a dead body was highlighted.
- Ram Sharan Autyanuprasi v Union of India2, expanded explanation to Article 21 of the Constitution was given where the right of an individual includes his culture and tradition. Right to burial/ cremation is a part of one’s tradition.
- Pt. Parmanand Katara v Union of India3, the right of dignity and fair treatment outreaches to even a dead person and also to his body even after his death under Article 21 of Indian Constitution.
Charges for the Rape leading to Murder
The four accused were charged under Section 307 of IPC for Attempt for Murder which latter got changed to charges of Murder apart from charges under various sections under the SC/ST (Prevention of Atrocities Act), 1989.
Charges for Rape come under the following Sections-
- Section 376-A of the IPC – Punishment for causing death or resulting in relentless vegetative state of victim. Punishment for not less than 20 years or life imprisonment.
- Section 376-D of the IPC- Charges against Gang-Rape on being proven, punishment not less than 20 years or life imprisonment.
Any Gang-Rape or Acid Attack victim belonging to SC/ST community would get a minimum compensation of Rs 8.5 lakhs from the respective State Government. The above action was brought in light of amendment to the rules by the Centre. The Modi Government successfully brought changed through SC/ST (Prevention of Atrocities) Amendment Act, 2015.
Conclusion
Well, with the increasing physical violence on women of all creeds, caste, and color we need to be alarmed. In a country where Women security stands questionable we really need to reform our administrative policies and pound on our actions more. The Hatras Case provoked many questions. The recent report of the post-mortem failed to disclose the Rape of the victim. The outrage has spread to the entire Nation. People want to know why such kind of infliction of rights at all took place.
While the case continues to be a matter of unrest in the country, the Government can restore back the faith of millions by only granting justice to the poor girl and her family who have been deprived of rights in all aspects. Definitely the act of UP Police stands condemned if true to our source. In India we need voice for all. We have signed up for free space to live with dignity and equality. We have not been fated to accept intolerance in any shape. Just to be clear to survive any act of intolerance is as intimidating as death.
References:
- [W.P.(MD)No.3888 of 2007 decided on 28 August, 2007]
- (AIR 1989 Supreme Court 549)
- (1995 (3) SCC 248)
Other Sources:
- https://www.thehindu.com/news/national/other-states/pm-seeks-tough-action-against-perpetrators-in-hathras-gang-rape-case/article32729086.ece#!
- https://economictimes.indiatimes.com/news/politics-and-nation/hathras-rape-case-wide-protests-over-death-of-up-dalit-gangrape-victim/articleshow/78396969.cms
- https://www.timesnownews.com/india/article/dcw-chief-demands-actions-against-up-cops-for-negligence-forcibly-cremating-hathras-gang-rape-victim-video/660419
- https://www.msn.com/en-in/news/other/hathras-gangrape-we-are-dalits-that-s-our-sin-we-want-our-children-to-leave/ar-BB19An2B?ocid=msedgntp
- https://sabrangindia.in/article/do-dead-have-rights-india#:~:text=Union%20of%20India%20%28AIR%202002%20SC%20554%29%20the,corresponding%20obligation%20of%20the%20State%20towards%20such%20people.
- https://worldnews.foredooming.com/republic-world/253848/
- https://www.dnaindia.com/india/report-dna-special-hathras-rape-incident-raises-question-on-women-safety-yet-again-2846277
- https://indianexpress.com/article/india/hathras-gangrape-up-cm-yogi-adityanath-forms-sit-to-investigate-incident-asks-for-report-within-7-days-6643212/
- https://www.republicworld.com/entertainment-news/bollywood-news/hathras-gang-rape-bollywood-celebs-cry-hang-the-culprits-condemn-bruta.html
- https://www.timesnownews.com/delhi/article/hathras-gangrape-case-security-beefed-up-after-ruckus-protests-outside-safdarjung-hospital-in-delhi/659964
- https://www.hindustantimes.com/india-news/hathras-gang-rape-bjp-stares-at-the-return-of-dalit-unrest/story-tCHwxyoaMqQNOg9dxlYGLN.html
- https://www.thequint.com/news/india/hathras-gangrape-up-cm-yogi-adityanath-sit
- https://www.dnaindia.com/india/report-hathras-gang-rape-up-cm-yogi-adityananth-forms-3-member-sit-congress-priyanka-gandhi-demands-resignation-2846319
- https://timesofindia.indiatimes.com/city/agra/hathras-gang-rape-police-forcibly-took-away-body-for-cremation-says-victims-brother/articleshow/78398208.cms
- https://www.hindustantimes.com/india-news/hathras-gang-rape-bjp-stares-at-the-return-of-dalit-unrest/story-tCHwxyoaMqQNOg9dxlYGLN.html
- https://www.msn.com/en-in/news/other/no-mention-of-rape-in-postmortem-report-of-hathras-victim/ar-BB19Bh98?ocid=msedgntp
- https://www.ndtv.com/india-news/hathras-gang-rape-autopsy-report-shows-victim-was-strangled-suffered-cervical-spine-injury-2303696
0 Comments