NEW DELHI: A study of the 10 cases in Delhi between 1989 and 1993 in which policemen were charged with rape show a disturbing and substantial gap between the theory and process of securing justice. The civil rights body People’s Union for Democratic Rights (PUDR) has completed such a study there were 10 cases involving 23 policemen in these four years. In seven cases the crime took place outside the police station; however in all seven the men charged had figured in their official capacity.
Ten years ago specific provisions were made in the law regarding custodial rape for shifting the onus of proving innocence 10 those charged. But the study shows it has made little difference to the way the process of law Operates.
The response of the official system police prosecution court and so on not only ignores the victim’s (inevitably all poor and unable to confront or use the system) vulnerability It goes on to almost ensure she gives up and vanishes literally.
Of the 10 cases studied six had the woman telling the court she wanted for end the case and was withdrawing her charge. In two more after going through the ordeal of having a charge registered being medically examined and preparing for the court the women simply disappeared.
In the other two the case goes on but could end abruptly likewise. In one involving rape of a minor by five policemen four of them are out on bail. The case has not progressed much and the victim faces deportation for being a suspected illegal a lion. The neighborhood has rallied around the victim till now but is feeling both intimidated and disillusioned.
In the 10th case where the rape of a mother of two took place 15 months ago of the three policemen involved including a station head one has got bail another has applied for it and the third has not been produced in court despite being named because of a dispute On identity stalling case progress. The police are pressing only now for an identification parade they had refused to register the case doing so-only on a magistrate’s order after the woman appealed The stigma is on the victim whether she gives up on the law or not. Of the 10 families PUDR finds three have left the city and three others have shifted home within the city
As for the policemen four men had been dismissed from the force during pendency of the charge. After the case against them ended with the woman in question withdrawing the charge each separately appealed to the Central Administrative Tribunal for reinstatement. Three are back in the force by CAT order the fourth has his appeal pending there with a favorable decision expected soon.
Why does this happen? For one delay appears built into the mechanism of law. The mechanism also ignores the victim’s trauma Not unusual is the reluctance or even refusal of the police to register a case. (And a delay in registering a case is later argument for acquittal).
The victim’s circumstances actually make delay inevitable. Ina society where little autonomy is granted to women notes the study it is hypocritical to expect a victim of rape to leave her trauma behind and swing into the rhythms of legal routines. In all 10 case the rape was committed either late in the evening or at night…preceded by abduction and followed by intimidation and fear of social ostracism.
The woman has to muster courage to walk into the police station a place feared and avoided even in normal times and insist on having her statement recorded then there is investigation By the police against the police in such cases. Again delay.
In the case mentioned above involving rape of a minor by several men in dimly-lit police booths the police took a week to formally record the girl’s statement. She spoke only Bengali and they say it took them this much time to find someone who could understand the language.
She was then made to go through three test-identification parades of the suspects. She initially recognized two men; they named others 100 who had taken part. But the girl could not recognize the others (she could recognize the two police booths where she had been raped) It resulted in four of the five men charged getting bail for a start back on the same community.
The nexus between policemen of an area and the locally well-to-do and powerful is not recognized by law or in prescribing procedure. Bruit is a reality for the poverty Struck victim and her family. The nexus enables policemen to intervene in local quarrels and interrogate residents. Women are doubly vulnerable in such cases to ill-intentioned policemen. In one of the cited cases the woman had gone to the local station because her brother had been arrested as a suspect in a case (He died a month later after what is termed ‘sustained interrogation). She was her self-detained and raped. The examining magistrate has found enough evidence to justify a trial against those named the police however suggests the woman is a liar. She has told the court she was warned not to complain of what had happened to her she did so nevertheless. PUDR also notes a crucial point in reality one peremial neglected this is on the State prosecutor the one supposed to press the victim’s case before the judge. In reality prosecutors are dependent on the police investigation and by necessity maintain a continuing relationship formal and informal with the police
There is no provision for appointing a private lawyer as a special public prosecutor in custodial rape cases (it exists for dowry-death trials). The prosecutor is also expected to confront a battery of private lawyers appearing for the defence and was in a case where he has been routinely handed the brief.
The law in reality puts the entire burden of providing the case on the victim In none of the cited cases where the trial has ended in acquittal for any reason was the policeman charged told to prove his innocence. As already mentioned the women invariably could not take the pressure anymore and gave up.
Among other things the study recommends changing the law to disallow as evidence anything on the victim’s past sexual or marital history. This was recommended by the law commission but not accepted by the government. It is standard practice for defence lawyers to try and prove the women’s testimony is unreliable on this count. And judges also take this into account.
PUDR also wants changes in law procedure and official response to take into account the factors mentioned earlier. If the process of redressal ensures the victim opts for anonymity rather than pursuing justice something is very wrong.
Article extracted from this publication >> July 1, 1994
