As alleged rapists roam free, gang-rape survivor is sent to jail

A traumatised gang-rape survivor who raised her voice in a Bihar district court and asked for two social workers–they helped her complain to police–while recording her statement was arrested along with the two social workers. With the district under lockdown, it is anybody’s guess when she will be released.

Image courtesy: Aasawari Kulkarni/Feminism in India

Two weeks after a Karnataka High Court judge observed that falling asleep after rape was “unbecoming of an Indian woman”, a judge at the Araria District Court in Bihar has sent a gangrape survivor to jail.

“Sending to prison a woman who has been raped will have a chilling effect on women as a class. It impedes access to justice”, Supreme Court advocate Vrinda Grover said. “With the arrest and imprisonment, the rape survivor’s worst fears have come true and reinforce the hesitation and apprehension that women have in approaching the criminal justice system.”  

Recording a statement made by a 22-year-old woman four days after being gang-raped by four men–none of whom have as yet been arrested–district judge Mustafa Shahi sent the rape survivor along with two social workers who had accompanied her to jail. 

The three are at present lodged at Dalsinghsarai jail in Samastipur district, some 240 km from Araria where the rape is alleged to have taken place and where the survivor lives. 

Word play

Gendered language has its roots in sexism. It invisiblises women, reinforces bias and can cause real harm.

Last week, my friend Kanta Singh took issue with a retired bureaucrat for his tweet on how civil servants must “evolve in a manner that those who want to corrupt him aren’t able to muster the courage to do so. His conscience must be his firewall”.

Kanta’s objection wasn’t the content. “Will request you to write a more inclusive language,” she tweeted. The objection is not irrelevant. Of the 700 officers working in the central government at the joint secretary level and above as of June 2019, 134 (19.14%) were women.

The use of the male pronoun to describe a group ends up invisibilising women. God is a solid, upper case He. And he/him/his are default settings for all manner of truisms: “A man is the sum of his actions,” (Mahatma Gandhi) or, “Technology is the nature of modern man,” (Octavio Paz) — but “mankind” excludes half of humanity.

The Indian courts’ misogynistic handbook for rape survivors

The Karnataka High Court’s observation that falling asleep after rape is “unbecoming” of an Indian woman is only the latest in a line of misogynistic judgements that comment on the behaviour of women. Along with law student Anupriya Dhonchak, we sift through the cases.

Image courtesy: @penpencildraw

The Karnataka High Court’s observations on 22 June 2020 while granting bail in a rape case follow a judicial tradition of commenting on the behaviour of women, particularly in rape cases, according to an Article 14 review of recent Supreme Court and High Court judgements.

“The explanation offered by the complainant that after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman,” said Justice Krishna S. Dixit in the case of Rakesh B vs State of Karnataka. “That is not the way our women react when ravished.”

The judge appeared also to be swayed by the fact that she was at her office at 11 pm and did not object to “consuming drinks with the petitioner and allowing him to stay with her till morning.”

The remarks sparked a storm of criticism.