advertisement
When was the last time you tracked a case of rape from the second you heard talk of it to the point of their actual conviction? When can you remember a case where you managed to express equal parts grief and anger at the alleged rape, and equal parts relief and gratitude when the rapist was punished, all within a perfectly reasonable period of time? All of it, before the incident slips away quietly and completely from public memory – and therefore, yours?
It’s not your fault. Rape cases in India seldom follow such a trajectory – and according to NCRB data compiled by IndiaSpend:
Too caught up to read? Listen to the story here:
The government’s insistence on passing an ordinance that will award the death penalty to offenders who've raped girls below the age of 12 will not exactly ensure speedier and quicker justice.
Were they? Because, if they were, perhaps lawmakers would have known about 90 percent of minor survivors of rape whose cases continue to languish in various stages of quiet oblivion in trial courts across the country.
Take six-year-old Chhoti Nirbhaya, for instance. Her grandfather has been going to Rohini District Court for a little over two years now. ‘Chhoti Nirbhaya’ – which was what The Quint called her when it started to cover her story – has been a part of this news portal’s reportage for exactly as long as the first news-break.
Every year, since 9 October 2015 – when Chhoti Nirbhaya, all of four years old at the time, was raped and brutalised by a man she knew, just metres away from her home in a little railway jhuggi – there have been little or no updates in her case.
Each time that The Quint spoke to Anita Sharma, who was SHO (Station House Officer) of Keshav Puram police station at the time of the 4-year-old’s rape and the IO (Investigation Officer) on the case, she sounded hopeful.
Each time we sought an update from the legal aid office that has been extending financial assistance to the family, voices remained hopeful about a conviction.
Yet, what happens in the interim?
Chhoti Nirbhaya’s older sister (who was five at the time) dropped out of school and refused to return for a month until her mother had coaxed and cajoled her into believing that the man was behind bars. Chhoti Nirbhaya herself hasn’t stopped talking about it in two and a half years.
Every year, we seek an update. But the ‘latest’ on the now 6-year-old’s case lies buried under a sheaf of old court documents and a dog-eared FIR copy that her grandfather can’t even remember filing.
The last time we attempted to scour through the documents and agreed to track down the status of the case for him, the man stood at the door of his house – a lone, solitary figure – agreeing to wait until we’d gotten him some answers.
For him and for his granddaughter – who remains afraid of the particular abyss near her cloistered north Delhi slum where she was dragged and raped – the wait is an endless one, with only vague platitudes like “justice will surely come” that they mouth to each other (and to us) to keep them going.
If one family’s wait for justice is shrouded in uncertainty, another minor waits alone, sans family.
Sometime in 2016, a 10-year-old girl in Rohtak was raped repeatedly by her stepfather, even as her mother and three siblings remained allegedly unaware. The 10-year-old was persuaded by her rapist to tell no one, and each time she did complain to her mother of a stomach ache, the latter dismissed it as a non-issue. It was ultimately her neighbours who saw her walking hunched over and notified the cops.
It turned out that that she was pregnant.
The impregnation of a minor caused uproar in legal and medical circles alike, where – after weeks of deliberation – a quickly-constituted medical team decided that an MTP (medical termination of pregnancy) was safer than a delivery. She was between 18 and 22 weeks pregnant.
The case was far more complex than what it appeared at the time – because ultimately, it led one to deliberate on power dynamics in a tiny hamlet within dusty Rohtak, where a woman couldn’t choose between sustenance and a daughter.
Refusing to let the 10-year-old live with what was left of her family, the girl (now 11) was sent to the Child Care Institute of Haryana by Rohtak’s CWC (Child Welfare Committee) – where she currently lives.
What of the survivor herself? Chairman of the CWC, Dr RS Sangwan assures one that she “has resumed school and will continue to stay at the CCI till she turns 18. Post that, she will be transferred to a state after-care home for courses to rehabilitate her in society”.
However, the psychological scars cut deep.
I am not sure, like the Delhi HC wasn’t, about whether any of these survivors were actually heard.
Because, Chhoti Nirbhaya’s family would much rather know where the trial has been fought for the past two and a half years, who is fighting for their child and when they will manage to eke out the money to move out of a place that only reminds them of their child’s trauma.
Rohtak’s 10-year-old has little clue of the fact that her trial is underway, or the fact that she will possibly never see her family again.
Acquiesces Kranti Khode, Programme Coordinator at Jan Sahas – one of the most prominent NGOs working in the space of women and children’s safety in the last couple of decades.
Khode who mentions that Jan Sahas has, in the last year alone, taken in approximately 2,000 cases of minor rapes from just three states, says:
One wonders whether either of these pertinent points, or any of the HC’s questions were actually addressed in an ordinance that was mooted as a stop-gap arrangement in the wake of sudden anti-government outrage.
For now, minor survivors and their families continue to shift aimlessly from one court to another, year after year, waiting for a respite from the wait.
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)
Published: 01 May 2018,08:33 PM IST