{"id":2699,"date":"2013-06-08T11:38:54","date_gmt":"2013-06-08T11:38:54","guid":{"rendered":"https:\/\/nehadixit.in\/?p=2699"},"modified":"2023-09-08T11:08:39","modified_gmt":"2023-09-08T11:08:39","slug":"a-rape-victims-story","status":"publish","type":"post","link":"https:\/\/nehadixit.in\/a-rape-victims-story\/","title":{"rendered":"A rape victim’s story"},"content":{"rendered":"
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\nIn a country where a gang-raped woman is sent to jail for going back on her statement in court, justice for sexual assault survivors is still a far cry reports Neha Dixit<\/i><\/strong><\/p>\n<\/div>\n

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Sitting on a cot on the semi-terrace outside her room, 20-year-old Kiran (name changed) pulls the strings of the jute\u00a0chaarpai<\/em>, murmuring in rage. It is anger tempered by the presence of her mother-in-law in the courtyard downstairs. It has been five months since Kiran has gone out to answer nature\u2019s call alone. Women like her are not trusted to be allowed out alone even for that. Kiran was raped by four men repeatedly over four days in different parts of Haryana like Panipat, Sonepat and Kurukshetra before being dumped at the Panipat Railway Station. That was on 28 September 2012. Last month, on 24 April,\u00a0she<\/em> was sentenced to a ten-day imprisonment. \u201cThe judge, my father, my brother, my husband, my mother-in-law and the\u00a0biraadari<\/em>\u2014they are collectively raping my head. Still,\u201d says Kiran.<\/p>\n<\/div>\n

The month she was raped, 12 more gangrapes were reported. Yet, in many quarters, her case has become a cautionary tale\u2014the risks of a woman, especially one of a \u2018lower caste\u2019 landless community, exerting her free will and demanding justice.<\/div>\n
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In caste terms, Kiran is a Dhanuk.<\/p>\n<\/div>\n

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Banwasa village is in Gohana town of Sonepat district. It is crisscrossed by paddy and vegetable fields. The Dhanuks who live here, like in other North Indian villages, are considered untouchable. Their houses are on the outskirts of the village. Their traditional job was to remove night soil from \u2018upper caste\u2019 houses, but they have long switched to working as agricultural hands, basket weavers, midwives and construction labourers. Landless and ostracised, their only sense of security is their biraadari, which acts as a tool of social control and an informal welfare association.<\/p>\n<\/div>\n

As she talks about the rape for the first time in many months without the fear of being judged, Kiran starts crying.<\/div>\n
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\u201cDon\u2019t cry, they want to break you down through character assassination,\u201d I tell her. \u201cCan you tell that to my father and my husband?\u201d she says.<\/p>\n<\/div>\n

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On 28 September 2012, Kiran was at her parent\u2019s place in Banwasa, when Sunita, a neighbourhood housewife, gave her a message that her husband Sudeep had come to meet her near a local railway crossing.<\/p>\n<\/div>\n

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\u201cI had told him once that I want to meet him outside the house like they do in\u00a0Dilwale Dulhaniya le Jayenge<\/em>. When the boy comes to get the girl? I thought that\u2019s why he had come to meet me,\u201d says Kiran.<\/p>\n<\/div>\n

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As soon as she reached the outskirts of the village, two men of Khandrai village\u2014 Sunil and Sanjay\u2014kidnapped her and took her to a rice field on the Gohana-Kakrohi road. They were later joined by Anil of Ahmedpur Majra village and Sarvan of Hadtari village. Two of them pinned her hands down while the third and fourth raped her. \u201cThey laughed as they ripped my clothes with a blade and described my body parts to each other. I was a toy they were trying out.\u201d<\/p>\n<\/div>\n

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From the paddy field to a mini-van to the Brahmsarovar in Kurukshetra to a small room next to railway tracks in Panipat, the ordeal continued. \u201cI begged them to let me go.\u201d They didn\u2019t. She was asked to discard her clothes and change into an old salwar kameez. She remembers waking up the fifth day and fleeing.<\/p>\n<\/div>\n

Kiran registered a case with the Sonepat police. It took over a week to arrest the four rapists and Sunita, who had allegedly helped them.<\/div>\n
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According to Yashpal Singh, DSP, Gohana, \u201cWe registered Kiran\u2019s statement under Section 164. Once a statement is recorded under this section, rape is confirmed. During the interrogation, the rapists confirmed Kiran\u2019s accusations.\u201d A medical examination conducted at Gohana civil hospital also indicated rape.<\/p>\n<\/div>\n

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Over the next three months, however, Kiran was labelled a prostitute, a thief, a serial offender and a Dalit nymphomaniac. Her in-laws threatened to abandon her, her parents wanted to get rid of her.<\/p>\n<\/div>\n

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\u201cThey kept saying, \u2018Why did you leave the house? Why didn\u2019t you tell your parents [where you were going]?\u2019\u201d she says. When she was 17, Kiran had eloped with a lover. That episode was cited as justification of her rape, as if her past record had called it upon her. \u201cShe ran away with a mechanic from a nearby village,\u201d says a relative of hers who does not wish to be identified, \u201cHer brother Gurmeet brought her back and tried to hang her. We intervened and saved her life. She has always been like this.\u201d<\/p>\n<\/div>\n

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Kiran is the second of five children born to a\u00a0beldar<\/em>\u00a0and his daily-wage labourer wife. They share a two-room hut made of corrugated tin and decaying wood, and led a simple life until what happened to Kiran. \u201cWe suddenly did not deserve to be talked to because our daughter was raped and she filed a case. She did not know that poor people do not fight cases in courts,\u201d says the mother. The family\u2019s primary source of income is the daily wage of Rs 250 she earns. She also looks after a couple of buffaloes owned by land-owning Jats who have promised her 30 per cent of the proceeds once they are sold.<\/p>\n<\/div>\n

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Pressure on Kiran\u2019s family and in-laws started mounting as soon as the four men were arrested. \u201cWe had anyway started losing days of work: to submit papers in court, to get medical reports, to visit the police station, to attend the court hearings,\u201d says the father.<\/p>\n<\/div>\n

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Various\u00a0biraadari<\/em>\u00a0panchayats from Attadi, Ahmedpur Majra, Hadtari and Banwasa, the five villages the accused belonged to, came together to forge a decision on the matter. The arrest of Sunita, the woman who Kiran says misled her into the paddy field trap, was considered an attack on the pride of the village. \u201cThey said that since Kiran is now Ikdaana village\u2019s daughter-in-law, it is Sunita and not she who deserves their support,\u201d says the mother, \u201cThey pressured us into asking Kiran to change her statement.\u201d<\/p>\n<\/div>\n

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Kiran has no idea why Sunita misled her that day. \u201cShe was one person I used to spend a lot of time with. Though, I now know that she is friends with Anil.\u201d Sunita\u2019s husband Deepak did not let us speak to her. \u201cWhy are you questioning my family for a whore like Kiran? Ask her, why did she go?\u201d he asked.<\/p>\n<\/div>\n

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Kiran\u2019s parents were told that they would not be granted work on any farm until Kiran signed a reconciliation letter.<\/p>\n<\/div>\n

\u201cIt\u2019s the harvesting season and this is the time we get maximum work. How will we feed the buffaloes and kids?\u201d asks the mother.<\/div>\n
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Kiran\u2019s father-in-law, who sells\u00a0kulfi<\/em>\u00a0for a living, and her husband, who sells steel utensils on his bicycle in nearby villages, were also pressured to get the case dropped. \u201cThere was a threat to my son\u2019s life. We were anyway ready to take her back even after such a big blot on her character. Tell me, who accepts such a girl back into the family? And then you want us to help her fight the case too?\u201d asks her mother-in-law.<\/p>\n<\/div>\n

Kiran is schooled only till class five. With few skills to make an independent living and no money to pursue court proceedings, she surrendered. \u201cI thought of committing suicide,\u201d says Kiran, \u201cbut they don\u2019t let me out alone.\u201d She was not just forced to change her statement, but also falsely explain her medical reports. \u201cI was forced to say that I left my parents\u2019 house on 28 September and stayed at my in-laws for the next four days. And that my medical reports were positive because I had sex with my husband.\u201d<\/div>\n
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What added to Kiran\u2019s sense of helplessness was the gap of six months from the rape to the court. Raj Kumari Dahiya, an activist of the Mahila Samiti, Sonepat, says, \u201cThis puts in perspective the demand of the women\u2019s rights movement to try rape cases in fast-track courts and deliver verdicts within three months.\u201d<\/p>\n<\/div>\n

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When Gohana DSP Yashpal Singh was asked about the pressure on the family to drop charges, he said, \u201cWho knows what compromise was made? We received no such complaint in this regard.\u201d<\/p>\n<\/div>\n

On the day of the hearing on 24 April, Additional District and Sessions Judge Manisha Batra sentenced her to 10 days imprisonment for backtracking on her statement and imposed a fine of Rs 500. She had committed perjury.<\/div>\n
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\u201cDidn\u2019t you tell the judge what happened?\u201d I asked her.<\/p>\n<\/div>\n

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\u201cHow could I?\u201d she replied, \u201cThe\u00a0biraadari<\/em>\u00a0panchayat people were present.\u201d<\/p>\n<\/div>\n

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If Kiran was a victim twice over, it was plainly because the Indian Judiciary\u2014represented in this case by a woman judge\u2014failed to take into account the power equations at play. It ignored how her voice was stifled by her social conditions, how her vulnerability within a caste-and-gender hierarchy had weakened her will to get justice.<\/p>\n<\/div>\n

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\u201cDid the judge talk about the lack of rehabilitative measures in her court order while charging the girl with perjury? Why could the girl not muster the courage to approach the state machinery and police following threats?\u201d asks Senior Supreme Court lawyer Vrinda Grover.<\/p>\n<\/div>\n

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In January this year, a 600-page report of the Justice Verma Committee following the Delhi gangrape case documented how women face intense insecurity because of dominant caste hostility or threats of communal violence. But it made no mention of a mandatory rehabilitation package for survivors.<\/p>\n<\/div>\n

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In 1993, the Supreme Court, in a writ petition,\u00a0Delhi Domestic Working Women\u2019s Forum vs Union of India and Others<\/em>, had directed the National Commission for Women (NCW) to evolve a \u2018scheme so as to wipe out the tears of unfortunate victims of rape\u2019. It observed that it was necessary to set up a Criminal Injuries Compensation Board, and demanded that compensation be awarded to rape victims for the pain, suffering, shock and loss of earnings as a result of such an assault.<\/p>\n<\/div>\n

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The NCW sent a draft to the Central Government in 1995. After lying in the freezer for over a decade, the Commission came up with a \u2018Scheme for Relief and Rehabilitation of Victims of Rape, 2005\u2019. It proposed that the Ministry of Home Affairs issue directives to state governments for aid to rape survivors.<\/p>\n<\/div>\n

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After the Delhi protests, activists revived demands to implement the scheme, but neither the state nor the Centre earmarked a budget for it. Charu Walikhanna, an NCW member, says, \u201cWe have proposed the scheme, but its implementation lies with the Ministry of Women and Child Welfare.\u201d In the words of Krishna Tirath, India\u2019s minister of women and child welfare, \u201cIt is the state\u2019s responsibility to implement it, the Centre cannot intervene.\u201d And so it gets buried in bureaucracy.<\/p>\n<\/div>\n

In Kiran\u2019s context, her social status makes the need of a rehabilitation package all the more important. Jagmati, vice-president, All India Democratic Women\u2019s Association, has long been pushing for compensation for rape survivors in Haryana. \u201cSome people laugh at it by calling it \u2018compensation for getting raped\u2019,\u201d she says, \u201cThey do not realise that Kiran and her parents cannot bear the expenses of a legal process. It is not enough for the State to provide a lawyer. Public prosecutors don\u2019t take these cases seriously and private practitioners ask for upto Rs 70,000 per hearing. It places justice completely out of reach for such women. The question of loss of work, of sometimes having to shift residence, of frequent consultations with lawyers and trips to the court, incurring expenses and losing an income are all critical issues in the [victim\u2019s] decision of whether or not to fight for justice.\u201d<\/div>\n
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As proposed by the NCW\u2019s original draft, the National Mission for Empowerment of Women has the funds. However, what is missing is the political will to implement it. Laughably, a circular issued on 3 April by the Ministry of Home Affairs states that financial help for rehabilitation of rape survivors should be taken care of by NGOs. Says Jagmati, \u201cIt\u2019s unfortunate that the State has vested [donors with] the responsibility of ensuring justice for rape survivors.\u201d<\/p>\n<\/div>\n

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Kiran was released on bail on 25 April. The rest of her life is likely to be one of drudgery and keeping her mouth shut. Her brother-in-law, who is as old as her, studies in class ten. When she asked him what he was studying in school these days, he replied, \u201cNothing that you do. You focus on dancing and sleeping with people.\u201d When I asked him, \u201cWhy don\u2019t you learn cooking?\u201d he roared in laughter, \u201cFor that, I will get a wife. If she doesn\u2019t, I will beat her up with batons!\u201d<\/p>\n<\/div>\n

Kiran is right. It\u2019s unpardonable, what everyone is doing to her head.<\/div>\n
+++<\/div>\n
Some other names have also been changed to protect their identities<\/em><\/div>\n

\nThis story was published in the Open magazine in the June 8, 2013 issue.
\nhttp:\/\/www.openthemagazine.com\/article\/nation\/a-rape-victim-s-story<\/a><\/em><\/div>\n<\/div>\n
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<\/div>\n","protected":false},"excerpt":{"rendered":"

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