CONDEMNING MORALISM IN CASES OF RAPE

Newsletter Jan – Apr 2008

in case after case of sexual violence against women we are witnessing troubling trends within the judiciary, state machinery and the media which raise serious concerns for women’s safety and hope for justice. In response, Saheli organised a protest and dialogue with the public, on 2nd April, Z008 at the Central Park, Connaught Place, Delhi. A few days before the ‘action’, we got together with friends and activists to prepare slogans, posters and placards. A leaflet was also finalised which was endorsed by groups and individuals from all over the country, which stated:

In a Sessions Court in Delhi, Additional Sessions Judge, A.K Mendiratta passed a judgment on 18 February 2008, regarding the rape and subsequent forced marriage of a young girl... Then the judgment states, "under pressure, her father left her at the house of the accused wherein she was subsequently sexually assaulted by the accused Vikas”. Finally, the victim was abandoned while she was pregnant. It was only then that criminal proceedings began. 2 years later, the victim took back her testimony and the accused was acquitted. Despite being aware of the horrific facts of the case, in his judgment ASJ Mendiratta fails to recognise what the victim must have suffered, choosing instead to describe her now as, “married... and blessed with a child". He also fails to deal with the crimes by accused or his parents, and instead shockingly issues a “warning” to parents, advising they “monitor” their daughters to avoid such a “slip in teenage" in our "opening society”.

We strongly object to the language and tenor of this judgement that seeks to police women instead of prevent or punish crimes against them. This is particularly ironic, given that the Union Home Minister, ‘Shivraj Patil told the Lok Sabha last week that about 75% of rapes happen within the family. Such morolism has been equally evident in the case of the rape and murder of British tourist, 15 year old Scarlette Eden Keeling, in Goa. State officials and the police have victimised the family with constant speculations on the ‘character’ of Scarlette and her mother, Fiona Mackeown. On one hand, have been threats to never allow the family to re-enter India, and on the other hand, bland reassurances regarding the ‘safety of all tourists’ in Goa. Clearly, the real concern is to protect the tourism industry at the cost of justice. it is only after immense pressure that the Chief Minister, Digamber Kamat has finally agreed to allow a CBI enquiry into the matter.

Also of great concern has been some of the regressive media coverage around the incident (especially on TV), marked by voyeuristic speculations about the mental state, habits, sexual life, etc. of the victim... building up towards a moral response that the victim ‘deserved it‘. Media reports and state officials have also systematically targeted Fiona as an irresponsible mother and hence tried to shift the onus off the perpetrators of the crime. Under such circumstances, the possibility of justice gets severely compromised. It is essential that the Government of Goa ensure a fair trial and punishment for those responsible for the rape and murder of Scarlette. Both these cases are an urgent reminder that we need to examine the way crimes against women are dealt with by the state, judiciary, media and society as a whole. We stand in solidarity with the struggles of victims, as well as those like Fiona Mackeown, fighting for justice under such hostile circumstances.

And so on that cool April evening, about 35 of us from several women's groups as well as individuals spread around Central Park distributing the leaflets, with placards hung around our necks, bearing slogans such as "Stop Moral Policing. Stop Moral Judgements"; "Media Must Sensitise, Not Sensationalise", "Dakhyaanoosi Judge, Kursi Chodo" and "We Walk Together, To Be Able To WALK ALONE’. in the lush and vibrant surroundings of the Central Park, people lounging around after office hours with friends, family and lovers, received our leaflets and conversations with much appreciation and some questioning. They appreciated our songs of solidarity and strength, and took part in the candle-light vigil lending support to our protest.