Skip to main content

Arrest of gangrape victim: Feminist groups, 7000 individuals write to Patna CJ for justice

Counterview Desk
Following more than 360 lawyers, including senior Supreme Court advocates, writing to the Patna High Court chief justice on the need to provide justice to the Araria gangrape survivor, 63 civil society organisations (CSOs), many of them feminist groups, and 7020 individuals have urged him to ensure “immediate release and quashing of all cases” against her and two feminist activists Kalyani and Tanmay, who work with the Jan Jagran Shakti Sangathan.
Calling the arrest of all “gross violations of the rights of the rape survivor and activists during the course of seeking justice”, the CSO letter says, “Such action is not only harmful in this case but sets a dangerous precedent of lapse of judicial accountability which will affect all other survivors of sexual assault and their support givers.”

Text:

We, the undersigned feminist organisations and individuals, write to you on a matter of great urgency. We have come to know of the bizarre and shocking manner in which a judge ordered the arrest of a 22-year old survivor of a gangrape along with the two activists who were accompanying her in Araria district on July 10, 2020, right in the midst of recording her statement under Section 124.
The two feminist activists -- Kalyani and Tanmay -- were her support givers and work with Jan Jagran Shakti Sangathan, a registered trade union that works in the unorganized sector. The three have been sent off to judicial custody in Dalsinghsarai Jail in Samastipur district, 250 km away from Araria, on July 11, 2020.
The rape survivor is seeking justice for the heinous gangrape by five men that she has undergone just four days prior to this incident. During the proceedings, after giving her statement, she was asked to sign a paper. Given the anxiety caused by her recent trauma, she wanted the activists supporting her to be present during the proceedings. This is a request that a survivor is entitled to for moral support and strength even during in-camera trial proceedings.
In lieu of recognising the survivor’s trauma in recounting the ordeal, and putting her at ease by providing her the requisite support, the magistrate took this valid request as though it were an assault on the dignity of the court. He further perceived the request of the survivor as demonstrating a lack of faith or trust in the court or its proceedings. 
When the activists intervened on her behalf, to explain her state of shock and trauma, both at the incident itself and the procedures followed prior to the statement being recorded, they were also implicated as being in ‘contempt of court’.
Over the years, women’s groups have worked tirelessly to highlight the multiple vulnerabilities and difficulties with which a survivor comes forward to register a complaint, and the need to build empathy within the justice system through different forms of support to be provided during such a time.
Over years there have been demands that survivors should be provided counselling, they should not be made to repeat their story multiple times, they should not be forced to face their assaulters, and their identity should be kept confidential. Much of this has been recognised in the Justice Verma Commission report, and judgements of various high courts.
The Justice Verma Commission report also suggested that the state will provide for "support services for shelter, social workers, counsellors mental health professional, lawyers" and has and clearly recognised the need for presence of members of women's organisations or others supporting the survivor.
Justice Verma commission said, whether enquiry and trial is conducted in camera or not, the victim must have a member of the women’s organisation inside to offer moral support
The report clearly states, "Whether the entire enquiry and trial is conducted in camera or not... (I)n any event, the victim must have a member of the women’s organisation inside to offer moral support."
We are hence appalled to find that the events that have taken place in this case are in complete violation of these guidelines, and have worsened the situation for the survivor in multiple ways. Moreover, in complete disregard of the confidentiality legally assured to a rape survivor, her name, address and details of what transpired got reported in the electronic media.
A reporter was seen rummaging through the case file in the presence of the court clerk in a photograph uploaded on a social media platform. Because of the leak, the survior has been made vulnerable to stories in the media, character assassination, and intimidation by the accused and their families and the societal pressures that followed.
On top of all these infractions, while the rapists are at large, the survivor and activists supporting her now have cases registered against them under IPC sections 353, 228, 188 and 120B, even as the FIR against the gangrape incident remains unattended. Under no circumstances can we imagine a reason for this line of action against the survivor and the activists supporting her.
We strongly condemn the gross violations of the rights of the rape survivor and activists during the course of seeking justice. Such action is not only harmful in this case but sets a dangerous precedent of lapse of judicial accountability which will affect all other survivors of sexual assault and their support givers.
We request you as the Chief Justice of the Patna High Court to take cognisance of the matter and ensure the following:
  1. The immediate release of the survivor and activists, as well as quashing of all charges against them.
  2. A smooth and quick trial of the incident of gangrape so that the culprits are brought to book 
  3. Issuing of state-specific guidelines to ensure that there is a friendly and non-hostile environment in respect of rape/sexual assault cases in adherence with the recommendations of the Justice Verma Commission. 
Your actions in this case bear weight not only in the case of the current survivor but in setting the precedent and furthering the cause of creating greater access to justice for women who have survived rape and sexual assault.
The responsibility to remedy the injustice done in this matter, to compensate for the additional trauma caused due to these actions, and to ensure that the survivor recieves a speedy and fair trial in the matter of her gang rape, rests squarely upon your shoulders. We hope that you will act in accordance with constitutional principles that your office is invested to uphold.
---
Click here for signatories

Comments

TRENDING

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor*  A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra  Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas*  Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan  Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat*  In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

Overriding India's constitutional sovereignty? Citizens urge PM to reject WHO IHR amendments

By A Representative   A group of concerned Indian citizens, including medical professionals and activists, has sent an urgent appeal to Prime Minister Narendra Modi, urging him to reject proposed amendments to the International Health Regulations (IHR) before the ratification deadline of July 19, 2025. 

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative   At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative   A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman*   The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.