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The recent Shakti Mills and Suryanelli case verdicts may leave us with a sense that rape victims in India are getting justice. But, we have a long way to go.
No justice for women in India
Earlier on this month, our judiciary handed out ‘Guilty’ verdicts in two cases involving the rape of young women – yet, although both verdicts were in a sense a vindication of women’s fight for justice in this country, they did not leave me feeling happy.
While the verdicts may bring some sense of relief or satisfaction to the victims, they are also indicative of how far we have to go, as far as the police and judicial system in this country are concerned.
First, the cases themselves, for anyone who has not been following the verdicts (and indeed, the verdicts did not receive the same sort of coverage that the trial of the Delhi gang rapists did last year. Media fatigue? Election news takeover?)
In one case, 24 of those accused when a young girl from Suryanelli in Kerala was abducted, held captive and raped repeatedly by men across all classes of society, and acquitted by the Kerala High Court, were found guilty by another bench of the very same court. In the other case, the three men found guilty of raping a young woman photojournalist at the Shakti Mills compound in Mumbai were sentenced to death.
Now, a closer look at some more facts about these cases.
1. In the Suryanelli case, it has taken almost 20 years for the case to come to this stage. Enough said.
2. What’s more, she was labelled a deviant, a child prostitute; her testimony was not taken seriously. A very poor sort of justice we have, when the judiciary participates in victim-blaming; where those who should know better are unaware that even prostitutes and ‘deviants’ have rights and no one has the right to their bodies either without consent. We may say this happened many years ago, but are we at a situation where victims can take it for granted that their character and life is not the one under scrutiny? Not really, if the conversation around the journalist from Tehelka is any indicator. Women must still assume that if they dare to speak up, they will be the ones under investigation.
3. In the Shakti Mills case, the trio had previously raped other women, including one who spoke up after this case made the headlines. Some of those they had raped previously were rag-pickers. While the police may have been prompt in acting on the complaint of the photojournalist, would they have shown the same alacrity if a rag-picker had gone to file the complaint? We are still very far from a situation where every woman’s complaint would be investigated as per procedure. You have to be someone to get justice in this country. If you are poor, live in a rural area, and the media has no interest in you – justice can meander along at its own pace. Remember Khairlanji? Possibly not. In fact, even the Suryanelli victim thanked ‘Nirbhaya’ for bringing focus to her case.
4. Many of the procedures as part of the police investigation and even trial are highly bureaucratic and further compound the mental trauma of victims. The ridiculous, illogical and completely useless two finger test continues to be performed despite new guidelines that do away with it. Victims are asked to identify perpetrators face to face, when they may be traumatised by having to face an attacker directly, or even be completely intimidated (given that many cases in India involve powerful, well-connected criminals). If one of the accused is a juvenile, the victim has to depose all over again. While we scream ourselves hoarse over awarding a death penalty, there is very little effort going in to reform these procedures and make them more sensible as well as humane.
Making India safer and more just for women is not about solving a few visible cases, and feeling thrilled that we’ve rid ourselves of a few criminals. For a start, there should be some real consequences for police officers who do not file FIRs and judges who allow victim-blaming in their courtrooms.
Pic of candle light vigil outside Safdarjung hospital in Dec 2012, courtesy Ramesh Lalwani (Used under a creative commons license)
Founder & Chief Editor of Women's Web, Aparna believes in the power of ideas and conversations to create change. She has been writing since she was ten. In another life, she used to be read more...
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People say that women are the greatest enemies of women. I vehemently disagree. It is the patriarchal mindset that makes women believe in the wrong ideology.
The entire world celebrates International Women’s Day on March 8, 2024. It should be a joyful day, but unfortunately, not all women are entitled to this privilege, as violence against women is at its peak. The experience of oppression pushes many women to choose freedom. As far as patriotism is concerned, feminism is not a cup of tea in this society.
What happens when a woman decides to stand up for herself? Does this world easily accept the decisions of women in this society? What inspires them to be free of the clutches of the oppression that women have faced for ages? Most of the time, women do not get the chance to decide for themselves. Their lives are always at the mercy of someone, which can be their parents, siblings, husband, or children.
In some cases, women do not feel the need to make any decisions. They are taught to obey the patriarchal system, which makes them believe that they are right. In my family, I was never taught to make decisions on my own. It was always my parents who bought dresses and all that I needed.
14 years after her last feature film Dhobi Ghat, storyteller extraordinaire comes up with her new film, Laapataa Ladies, a must watch.
*Some spoilers alert*
Every religion around the world dictates terms to women. The onus is always on women to be ‘modest’ and cover their faces and bodies so men can’t be “tempted”, rather than on men to keep their eyes where they belong and behave like civilized beings. So much so that even rape has been excused on the grounds of women eating chowmein or ‘men will be men’. I think the best Hindi movie retort to this unwanted advice on ‘akeli ladki khuli tijori ki tarah hoti hai’ (an alone woman is like an open jewellery box) came from Geet in Jab We Met – Kya aap gyan dene ke paise lete hain kyonki chillar nahin hain mere paas.
The premise of Laapataa Ladies is beautifully simple – two brides clad in the ghunghat that covers their identity get mixed up on a train. Within this Russian Doll, you get a comedy of errors, a story of getting lost, a commentary on patriarchy’s attitude towards women, a mystery, and a tale of finding oneself, all in one. Done with a mostly light touch that has you laughing and nodding along.
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