[Marxistindia] Press Release

[news from the cpi(m)]

March 2, 2021

Press Release

 

Smt. Brinda Karat, Member, Polit Bureau of Communist Party of India
(Marxist) had written the following letter to the Chief Justice of India on
the observations that the CJI made into different cases yesterday.

 

We are releasing the text of the letter for publication.

 

 

 

(Hari Singh Kang)

For CPI(M) Central Committee office

 

----------------------------------------------------------------------------
------------------------

 

To

The Chief Justice of India

Supreme Court

New Delhi

 

Sir,

 

I write to you in connection with the comments reportedly made by you in two
cases in open court.

 

The first is in in the case of a bail petition appeal by the rapist of a
then minor girl student of Class 9,  against the decision of the Aurangabad
bench of the Maharashtra High Court which denied him bail,  overturning  the
lower courts decision.   It is reported by the site "Bar and Bench",   "..
CJI Bobde asked counsel for the petitioner, "Will you marry her?" To this,
the advocate replied, "I will take instructions." .."You should have thought
before seducing and raping the young girl. You knew you are a government
servant," was CJI Bobde's response. "We are not forcing you to marry. Let us
know if you will. Otherwise you will say we are forcing you to marry her,"
the CJI went on to observe. When the matter was heard again shortly
thereafter, counsel for the petitioner said, "I wanted to marry her. But she
refused. Now I cannot, as I am already married." 

 

The Court granted interim protection for four weeks to the rapist and asked
him to apply for regular bail.

 

Sir,

 

These questions, words and actions have serious implications in granting of
bail in cases of rape of minors. Please reconsider and withdraw these
comments and questions and the bail you have granted to the rapist. Please
uphold the judgment of the Aurangabad High Court which rules that bail
granted to him by the lower court was "atrocious." 

 

The girl was gagged and raped by this criminal, when she was just sixteen
years old. He repeated his crime 10-12 times. The girl tried to commit
suicide. Does this show consent? In any case, in the case of a minor,  as
this girl was, the law is clear that there is no issue of consent. 

 

Chief Justice Sir, what about the  victim, now 18 and what the effect  such
a question will have  on her? Is her suffering, her trauma of no
consequence, of no value?  Rape victims are not robots  whose thoughts and
feelings are under remote control of others. Regardless of what her parents
may have wanted the girl had reportedly refused the suggestion of marriage.

 

By such questions put to a rapist the message given is that a rapist can
escape jail if after the crime he "agrees" to marry his victim whether she
wants to or not. There is a prevailing retrograde social approach that the
victim of rape is a "bad" woman and if the rapist marries her, she gains
respectability in the eyes of society. Comments of the apex court should not
give the impression of supporting such approaches.

 

In a crime of rape the processes of justice must keep the interests of the
victim at the centre.  Unfortunately in this case, the opposite has
happened.

 

The second case relates to the comments reportedly made in the case of a
bail petition hearing of a man who had sexual intercourse with a woman on
the false promise that he would marry her. Under the law, this constitutes
rape. However it is reported "The Supreme Court on Monday stayed the arrest
of a man accused of rape by his former partner, asking `... however brutal
the husband is... when two people (are) living as husband and wife... can
sexual intercourse between them be called rape?'" Yes sir it can be called
rape. Rape is determined not by a marriage certificate but whether or not
the woman consented to have sexual intercourse.  The comments reportedly
made justify brutality and cause harm to the woman. 

 

As one who has fought as part of women's movements both outside and within
Parliament  for changes in laws and perceptions regarding rape victims and
their rights,  I believe that the comments made by the court, constitute a
setback for the struggle for justice.

 

I appeal to you to consider this  letter as a request to withdraw  the
comments and decisions. Women hope that the power and strength of the
highest Court is used to help victims of sexual assault not the
perpetrators,  even more so when the victims are minors. 

 

Yours sincerely,

 

Sd/-

(Brinda Karat)

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://cpim.org/pipermail/marxistindia_cpim.org/attachments/20210302/bb508646/attachment.html>