Skip to main content

How state 'mishandled' Bihar gang-rape case taking advantage of Covid-19 crisis

Counterview Desk
Commenting on the recent arrest of a rape survivor and her two activist-associates in Araria, Bihar, the Mazdoor Kisan Shakti Sangathan (MKSS), a well-known people’s organisation claiming to be part of the "growing" non-party political process in India, has regretted while the main victim has been granted bail, the activists, Kalyani and Tanmay, have not been freed.
Calling the two activists “young and sensitive”, MKSS, which played a pioneering role in getting the Right to Information (RTI) law passed, and has been working with workers and peasants in Central Rajasthan, said, their continued incarceration sends a “chilling message” that those supporting the survivors in their struggle for justice can “draw the wrath of the institutions of law.”
“This ongoing case highlights the way in which public institutions engage with cases of sexual and gendered violence”, MKSS said, appealing to the higher judiciary “to intervene” by issuing state-specific guidelines to “ensure that there is a friendly and non-hostile environment in respect of rape and sexual assault cases.”

Text:

The Mazdoor Kisan Shakti Sangathan (MKSS) is appalled at the arrest of a young survivor of gang-rape and two Jan Jagran Shakti Sangathan (JJSS) activists in Araria District, Bihar. The three were arrested by the district court and put into judicial custody on July 11, while some of the rapists remain unapprehended.
We strongly condemn both the highly irregular arrests, made worse by the risks during the Covid-19 pandemic, and the problematic and insensitive way the rape victim has been treated by institutions of justice. The survivor was agitated and upset while signing her statement in court, and wanted the presence and guidance of Kalyani and Tanmay (JJSS), who had been supporting her throughout the ordeal of registering the complaint.
Accusing the three for creating a “disruption” during court trial, the magistrate ordered the arrest of the activists and survivor on July 10 in between court proceedings for charges of criminal conspiracy, obstruction of duty and insulting the judicial officer (Sections 353,188, 228, 120-B of IPC and Contempt of Courts Act).
Keeping Kalyani and Tanmay in jail sends a chilling message that supporting victims of rape can draw the wrath of institutions of law
On July 17, the special hearing at the Araria CJM court level granted bail to the gang-rape survivor, but not to Kalyani and Tanmay, who are still unjustly detained in Dalsinghsarai Jail in Samastipur district. This arbitrary turn of events leaves the survivor without her primary support people, and leaves her open to further emotional and mental distress.
One can only imagine how the handling of the case and arrest has exacerbated existing feelings of guilt, self-blame and trauma that are typical in the aftermath of sexual violence. This is not to mention the potential stigma and social pressure from her community.
Keeping Kalyani and Tanmay in jail – two young and sensitive activists – also sends a chilling message that supporting survivors in their struggle for justice can even draw the wrath of the institutions of law. This ongoing case highlights the way in which public institutions engage with cases of sexual and gendered violence.
The police, the criminal justice system, the media, and even the ruling dispensation regularly illustrate their callousness through their actions, voice opinions that further victimise and traumatise survivors, and thereby pass a message of impunity regarding gendered crimes.
It is disheartening to find that the very institutions which are meant to uphold constitutional rights and protections have abrogated their responsibility not only to provide justice but also to ensure a safe and supportive environment for sexual assault survivors.
The case compromises the integrity of democracy and undermines the work of Indian feminist movements which struggled to make various structures of power more sensitive, empathetic, responsible and non-hostile to violence against historically marginalised groups, including women, trans persons and non-conforming gender identities.
The MKSS condemns the arrests of the rape survivor and the two JJSS activists and endorses the demands outlined previously by the Jan Jagaran Shakti Sangathan (JJSS) and the National Alliance of People’s Movements (NAPM), which:
  • Call upon all justice-loving social and political organizations and activists across the country to express solidarity with the survivor and the two saathis of JJSS and demand their immediate release, especially in Covid times and withdrawal of all charges foisted.
  • Appeal to the higher judiciary in the state to intervene immediately in this case with empathy and fairness, but also issue state-specific guidelines to ensure that there is a friendly and non-hostile environment in respect of rape and sexual assault cases, in adherence with the recommendations of the Justice Verma Commission. 
  • Demand fair, fast and dignified judicial process for the survivor, bringing the guilty to book. 
  • Condemn attempts by sections of the media in disclosing the details of the survivor and demand action against them, as per law. 
  • Express solidarity with Jan Jagaran Shakti Sangathan, a responsible autonomous people’s trade union working on issues of livelihoods and social justice and condemn any attempts by vested interests to de-legitimize the work of the Sangathan. 
The government-imposed Covid-19 lockdown has emboldened the state apparatuses to function with arbitrariness, impunity and a lack of accountability. The mishandling of the gang-rape case in Araria is yet another wake up call for all of us.
Now, more than ever before, we must come together in solidarity to protect the democratic and constitutional values that define India, and hold institutional structures accountable and answerable for their excesses.

Comments

TRENDING

Junk food push causing severe public health crisis of obesity, diabetes in India: Report

By Rajiv Shah  A new report , “The Junk Push: Rising Consumption of Ultra-processed foods in India- Policy, Politics and Reality”, public health experts, consumers groups, lawyers, youth and patient groups, has called upon the Government of India to check the soaring consumption of High Fat Sugar or Salt (HFSS) foods or ultra-processed foods (UPF), popularly called junk food.

Avoidable Narmada floods: Modi birthday fete caused long wait for release of dam waters

Counterview Desk  Top advocacy group, South Asia Network on Dams, Rivers and People (SANDRP), has accused the Sardar Sarovar dam operators for once again acting in an "unaccountable" manner, bringing "avoidable floods in downstream Gujarat."  In a detailed analysis, SANDRP has said that the water level at the Golden Bridge in Bharuch approached the highest flood level on September 17, 2023, but these "could have been significantly lower and much less disastrous" both for the upstream and downstream areas of the dam, if the authorities had taken action earlier based on available actionable information.

From 'Naatu-Naatu' to 'Nipah-Nipah': Dancing to the tune of western pipers?

By Dr Amitav Banerjee, MD*  Some critics have commented that the ecstatic response of most Indians to the Oscar for the racy Indian song, “Naatu-Naatu” from the film, “RRR” reeks of sheer racism, insulting visuals and a colonial hangover. It was perhaps these ingredients that impressed the Academy of Motion Picture Arts and Sciences, one critic says.

Astonishing? Violating its own policy, Barclays 'refinanced' Adani Group's $8 billion bonds

By Rajiv Shah  A new report released by two global NGOs, BankTrack and the Toxic Bonds Network, has claimed to have come up with “a disquieting truth”: that Barclays, a financial heavyweight with a “controversial” track record, is deeply entrenched in a “disturbing” alliance with “the Indian conglomerate and coal miner Adani Group.”

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Asset managers hold '2.8 times more equity' in fossil fuel cos than in green investments

By Deepanwita Gita Niyogi*  The world’s largest asset managers are far off track to meet the  2050 net zero commitments , a new study  released by InfluenceMap , a London-based think tank working on climate change and sustainability, says. Released on August 1, the Asset Managers and Climate Change 2023 report by FinanceMap, a work stream of InfluenceMap, finds that the world’s largest asset managers have not improved on their climate performance in the past two years.

Insider plot to kill Deendayal Upadhyay? What RSS pracharak Balraj Madhok said

By Shamsul Islam*  Balraj Madhok's died on May 2, 2016 ending an era of old guards of Hindutva politics. A senior RSS pracharak till his death was paid handsome tributes by the RSS leaders including PM Modi, himself a senior pracharak, for being a "stalwart leader of Jan Sangh. Balraj Madhok ji's ideological commitment was strong and clarity of thought immense. He was selflessly devoted to the nation and society. I had the good fortune of interacting with Balraj Madhok ji on many occasions". The RSS also issued a formal condolence message signed by the Supremo Mohan Bhagwat on behalf of all swayamsevaks, referring to his contribution of commitment to nation and society. He was a leading RSS pracharak on whom his organization relied for initiating prominent Hindutva projects. But today nobody in the RSS-BJP top hierarchy remembers/talks about Madhok as he was an insider chronicler of the immense degeneration which was spreading as an epidemic in the high echelons of th

Victim of 'hazardous' jobs, Delhi sanitary workers get two thirds of minimum wages

By Sanjeev Kumar*  Recently, the Dalit Adivasi Shakti Adhikar Manch (DASAM) organized a Training of Trainers (ToT) Workshop for sewer workers and waste pickers from all across Delhi NCR. The workshop focused on bringing sanitation workers from different parts of Delhi to train them for organization building and to discuss their issues of minimum wage, contractual labour, regular jobs and social security.