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Why is this rape victim denied justice????

January 12, 2010

Today’s TOI shouted —-   Victim’s “deformity sets rape accused free”

A 50 year old man charged with rape was acquitted just because the victim’s sexual organs were not fully formed

(      http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2010/01/12&PageLabel=3&EntityId=Ar00301&ViewMode=HTML&GZ=T )

So what if her sexual organs were not developed.

So what if she never had menstrual cycle.

So what she never had any sexual relations with her husband?

Does it make her a less of woman or a human being?

And the court ruled that as medical evidence said woman’s organs were not fully formed so it doesn’t amount to rape.

Three cheers for such judgement.

The woman was molested, forced to have sex is simply ignored just because of some physical deformity.

What about the mental trauma, agony, and humiliation she must have felt?

How many hidden scars she would be carrying after the rape?

The societal insults, the embarrassment has no values for our law enforcers.

The degradation she must have felt when her body was used to satisfy the lust of a 50 year old man who could not control his carnal desires was not even thought of.

In a democratic country like ours that has granted basic human rights to all its citizens the woman was denied her basic right of human dignity.

And our politicians, social workers have nothing to say for this?

http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2010/01/12&PageLabel=3&EntityId=Ar00301&ViewMode=HTML&GZ=T

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33 Comments leave one →
  1. Neha permalink
    January 12, 2010 5:07 am

    That is a shameful thing in the face of human kind…

    • January 13, 2010 3:26 pm

      indeed it is,it shows the pathetic attitude of our legal system towards human feelings and human dignity

  2. January 12, 2010 5:29 am

    Thanks Anju for this piece of news.
    What a joke laws have become in this country. Shameful that our judiciary thinks and passes such judgments. It reflects on our society and the system as a whole.

  3. January 12, 2010 10:49 am

    We as a nation to hang our head in shame.People now have started losing faith in the judiciary too, and are not hiding their feelings.
    All these NGOs-NCW etc are all there to enjoy the power that goes with the job because job is not accountability.
    We soon might hear statements like–we will appoint an enquiry commission–we will change the law–we will take strict action.
    After a few days—story will dead and the rapist will have the last laugh.

  4. January 12, 2010 11:09 am

    in thousands of such cases it is the rapist who has the last laugh.
    the famous case of Shiney Ahuja he is out on bail, enjoying life.and soon people will forget about his crime and he will once again bounce back as a civilized citizen

  5. January 12, 2010 11:20 am

    This is just awful. Justice in our country truly is blind.

  6. January 12, 2010 12:04 pm

    It is simply appalling 😦
    How could someone at the position of being a judge give such an inhuman ruling.
    Very sad and agonizing scenario.

    Thanks Anju for bringing it to our notice.

    Cheers!!

  7. January 12, 2010 1:38 pm

    It’s true. The rapist has the last laugh in these cases. Because rape is treated as a trivial matter in our society, and our indifferent attitude, contributes to justifying it under different pretexts. Speaking of Shiney Ahuja, here is what a gentleman (again from TOI) blogged: http://bit.ly/KFTVJ

    I have recently written on my blog about how rape is portrayed in our movies and how it feeds on, and in turn encourages, this indifferent attitude and trivializes rape. If you wish, you can read about it here: http://www.freethink.in/2010/01/why-isnt-anyone-offended.html

    Thank you for giving voice to issue.

  8. January 12, 2010 6:16 pm

    This is so shocking!! Let me go through the links!

  9. January 12, 2010 6:42 pm

    He should have been punished for assaulting and molesting. I am copy pasting my comment on Blank Noise…

    “It’s shocking how lightly molestation is taken in India. It seems a new law against sexual offences was conceived in 1997, along with the law to protect women at workplace against Sexual Harassment – after the Vishakha judgement. [http://www.ndtv.com/news/india/tough_new_law_against_sexual_offence.php?]

    …now the Law Ministry has decided to set matters right with a radical new law.

    The law:

    * The Sexual Offences (Special Courts) Act 2003 will be introduced in the Budget Session of Parliament
    * Under the proposed law investigations can begin without an FIR
    * The police can act on a complaint, even make an arrest, without a warrant
    * The accused can’t walk free, can’t even apply for anticipatory bail
    * The government is bound to appoint a special prosecutor and not just any lawyer

    “Laws like Sexual Offences (Special Courts) Act can fast track within six months or 1 year. “

  10. January 12, 2010 6:46 pm

    Read this,
    http://timesofindia.indiatimes.com/india/Bring-in-long-pending-Sexual-Assault-Bill-Womens-groups-/articleshow/5413615.cms

    …a host of women’s organisations have asked the Centre to consider changing the definition of rape and bringing in the Sexual Assault Bill to better address such issues. “Unless the definitional and substantive aspects of the rape law and associated set of laws which deal with sexual harassment, molestation, unnatural offences, kidnapping and abduction of girls and women in everyday and extraordinary cases are amended, the proposed law to fast-track sexual violence cases will remain a hollow gesture,”

    • January 13, 2010 3:42 pm

      all these acts are based on evidence. human feelings and dignity and scars carried within are not considered at all
      physcial damage caused because of the act is visible and that only matters
      but how it has affected the victim is just ignored

  11. January 13, 2010 12:45 am

    I can understand (to an extent from a legal stand point) why the judge would feel that it is not rape. But in such cases I would expect the prosecution to file charges like “aggravated assault” against this individual and make sure that he spends time behind bars.

    • January 13, 2010 3:51 pm

      as IHM said he should have been charged with assault , molestation and attempt to rape.
      when attempt to murder is an offence then why not attempt to rape.
      Ok medically it doesn’t qualify as rape but attempt was there. He was just acquitted, set free to roam around with his head held high. which is an insult to every woman

  12. January 13, 2010 6:18 am

    This is abominable, detestable..utterly shocking. As a society we should be ashamed of the laxity we show towards sexual crimes. But this piece of news is worse than anything I have come across in cases related to sexual crimes. The judiciary system is supposed to uphold our society’s dignity but in this case it has only brought us shame.

  13. January 13, 2010 11:16 am

    I second Hari’s comment!

  14. January 13, 2010 2:18 pm

    My question to Hari is : why should the file charges be changed?
    Can’t the judge see what has actually happened ?

    Do we have to always go by the book with section so and so . . . . . . .

  15. January 13, 2010 5:12 pm

    How many of my dear friends, here, sincerely believe that there is an immediate need for the Indian Constitution to receive a structural makeover? I’m sure, all of us blogger friends do.

    We need to be prepared to exercise the responsibility of being true citizens of India by contributing towards building a much-needed consensus on the issue at hands. And I really feel, this emotive post of yours about something so abhorrent is in tandem with the efforts needed for the consensus to come into being at the earliest, so that such extremely detestable atrocities and crimes are justly dealt with and the perpetrators of the same are duly punished, and the rule of law can prevail, hassle-free in the country, at length.

    Shrinath Vashishtha
    Port Blair.
    Andaman & Nicobar Islands (India).

  16. Abhishek Datta permalink
    January 13, 2010 6:42 pm

    Indian laws are queer. If you are caught selling pirated porn mags on street, you may not be booked for selling porn, but for selling pirated copies. The Indian laws have many a times been mocked – take the case of Raju of Satyam. He knew that Indain laws will never be able to give him a serious judgement, whereas foreign laws, if they book him, will lead to severe punishments. SO he smilingly handed himself to the police: and look, he is having a good time. I heard, that he will be appealing to the courts to free him on basis of his poor health.
    When Indian laws are so openly flirted with, I doubt the poor woman can do anything.
    Is the Indian Media listening? Does the Indian media have time away from divorces and breakups and give a part of the front page to the cries of this woman? Only time will tell.

  17. January 13, 2010 6:44 pm

    As a Citizens of a Democratic country we have a habit of jumping into conclusion without getting our facts right. Instead of targeting the judge lets look the case from the very beginning itself.
    1. An assault is made
    2. Only assault of rape is filed, not molestation (legally these two are different)
    3. Medical Report of woman
    4. Contention of the prosecution, there was seldom any after medical report was file.

    Glaring loopholes are everywhere, right from the reporting of FIR to the prosecution.

    And Law here is very rigid a plain reading of Section 375 and 376 of Indian Penal Code 1860 leaves a huge scope of ambiguity. And adding on to this multifarious cases leaves a lot of confusion. And to add insult to the injury, many a times victims withdraw the cases fearing reaction of society.

    In this given case the entire inexperience or non-experience has being shown. And an unprofessional way of handling it.

    I am seconding Hari’s comment too…

  18. January 13, 2010 6:44 pm

    Indian laws are queer. If you are caught selling pirated porn mags on street, you may not be booked for selling porn, but for selling pirated copies. The Indian laws have many a times been mocked – take the case of Raju of Satyam. He knew that Indain laws will never be able to give him a serious judgement, whereas foreign laws, if they book him, will lead to severe punishments. SO he smilingly handed himself to the police: and look, he is having a good time. I heard, that he will be appealing to the courts to free him on basis of his poor health.
    When Indian laws are so openly flirted with, I doubt the poor woman can do anything.
    Is the Indian Media listening? Does the Indian media have time away from divorces and breakups and give a part of the front page to the cries of this woman? Only time will tell.

  19. January 13, 2010 6:45 pm

    Indian laws are queer. If you are caught selling pirated porn mags on street, you may not be booked for selling porn, but for selling pirated copies. The Indian laws have many a times been mocked – take the case of Raju of Satyam. He knew that Indain laws will never be able to give him a serious judgement, whereas foreign laws, if they book him, will lead to severe punishments. SO he smilingly handed himself to the police: and look, he is having a good time. I heard, that he will be appealing to the courts to free him on basis of his poor health.
    When Indian laws are so openly flirted with, I doubt the poor woman can do anything.
    Is the Indian Media listening? Does the Indian media have time away from divorces and breakups and give a part of the front page to the cries of this woman?
    Maybe only time will tell.

  20. January 14, 2010 12:52 am

    moral degradation has plumbed new depths…
    shame

  21. January 14, 2010 9:22 pm

    is shameful
    this happens everyday in India

  22. January 15, 2010 8:42 pm

    Absolutely a heinous crime by all standards. I totally agree with Anju’s thoughts and it is a real shame to the justice and legal department of our country who do not think clearly and come out with such judgments.

    Indian Penal Code should be modified and justice should be given to the victim.

  23. January 17, 2010 2:43 am

    Oh!!! I read that article and was appalled and very angry!!! Rape is penetration without consent. Sexual assault or harrassment is the sexual abuse of an individual without their consent. In short, this man raped her….I don’t see what the young girl not having fully developed sexual organs or never having had a menstrual cycle has to do with it. Men get raped too — we don’t use ‘no menstrual cycle’ as an excuse there. And what about little children that are raped and haven’t had their sexual organs developed or their menstrual cycle? Are we supposed to let all the paedophiles off because of that??!!! This was so messed up on so many levels!!! At the end of the day, I think the decision was made because the woman was a domestic help. Welcome to the class/caste biases in India! Appalling I tell you….

  24. January 21, 2010 9:13 am

    Anju,
    I am very gld to have come across your blog. I wish more of our parents blogged, like you. The Internet would be a much richer space.
    Rape is a crime that should be punished, the age, status or health of the victim is irrelevant. If people keep expressing this view, change will come. Thanks for writing about it, therefore helping things move forward.

  25. February 24, 2010 3:43 pm

    Seriously a nice effort. Its a reality that rape victims are denied justice most of the times. But the recent Cr.PC amendment would surely help the victims.

    You can refer

    http://www.legaldrift.com/raped-now-what-do-i-have-to-suicide-or-is-there-something-written-in-indian-law-to-protect-me/

  26. April 29, 2012 10:06 am

    Fighting against the crime of rape is the calling of the hour. Nice post. short and to the point. Please take time to visit my blog too. http://www.blogatcynthia.blogspot.in.

    Regards,
    Cynthia Vincent

  27. June 9, 2015 10:59 am

    A 14 year girl can be employed as full time maid in a house where there is no woman but only men….And law does not prevent it.

    An opportunity to fuck a virgin.. Sell her in the flesh market…Generate revenue and further appoint a new full time maid…That’s a bloody business…
    regards
    http://yourwellwisheprogram.wordpress.com

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