#India – Dr Soonawala rape case in Mumbai shows how elite privilege works #Vaw


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Illustration by Megha Roy Talukdar | Dev Kabir Malik Design

Police conduct, elite reaction and the manner in which this story was reported illustrate how hard it is for a poor woman to accuse a privileged man of rape in India, writes Richa Kaul Padte
Richa Kaul Padte  22nd Jun 2013
There are many stories within this story, often manufactured, and almost entirely contradictory. Perhaps then we should begin with the story that has been told the least: the story of a 26 year old woman who was allegedly raped by her general practitioner Dr. Rustom Soonawala on 17 May at 6pm at his clinic in Mumbai. The narrative begins clearly enough: on leaving the clinic, she told her husband what had happened. At 10.30 pm the same day, an FIR under Section 376 – rape – was registered at the Khar Police Station. The following morning, two police constables accompanied the survivor and her husband to Soonawala’s residence at Dadar Parsi Colony, where she identified the doctor as her rapist. Here, however, is where the story begins to splinter.

The constables sent the couple back to Khar, and told Soonawala that he must accompany them to the police station. Choosing to travel in his own car (questions around why an immediate arrest wasn’t made or why an accused rapist is permitted his own transportation remain unanswered), Dr. Soonawala revved up his engine with a police constable in the front seat and another in the back, along with two of his sisters. Here is precisely where all coherent narratives disintegrate, because over an hour later, the police officers returned to the station, saying that Soonawala had absconded. One account says that one officer had to leave the car to let a patient inside, and the other got out to prevent Soonawala from escaping. Another suggests that there was only ever one constable involved, who was lured out of the car on the pretext that everyone was getting out — before the car sped away. Any police account, however, raises several burning questions: why was the licence plate of the car not recorded? (‘We forgot,’ say the police) Why was the control room not telephoned with a description of the car to be halted at the next signal? (‘We didn’t think of it,’ they say).

On 11 June, over two weeks after the FIR had been lodged, the still-absconding doctor and accused rapist was granted anticipatory bail. And the shock-horror-anger following last year’s Delhi gang rape was nowhere to be seen.

Speaking at a public meeting organised by the Aam Aadmi Party on 18 June in Mumbai, Justice Suresh Hospet said, ‘This reminds me of what the first CPI Chief Minister of Kerala said: If in a court of law there is a rich, well-dressed, suited and booted person standing on one side, against an ill-clad, starving poor man on the other side, the court has an inherent tendency to lean in favour of the former against the latter. This is exactly what is happening today. It is the rich against the poor.’ As a member of the upstanding Bombay Parsi community, which has always held a position of social and cultural privilege dating back to British Imperialism, Soonawala’s respectability was vouched for from all sides. From a lawyer-community with personal ties to the doctor to medical professionals (‘if this can happen to him it can happen to us’: a perverse twist in the logic of vulnerability that normally exists between doctor and patient, says Sujatha Gothoskar from the feminist collective Forum Against the Oppression of Women) to the wider Parsi community, efforts to clear the doctor’s name were aggressive and multi-pronged.

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The crux of the issue here lies not in Soonawala’s guilt or lack thereof, but in the fact that the law was prevented from taking its own course – singularly because of the social and economic standing of the accused.

Activists who had worked with Soonawala to strengthen laws against hawkers alleged that the case was fabricated by the hawker community in an act of vengeance. But the survivor is no hawker. She is a quiet, soft-spoken wife of a tailor from Orissa, with little money and no one to speak for her. In an unprecedented movement of support for a man accused of a crime that recently made every second Indian a feminist, over 300 people attended the first hearing for anticipatory bail in the Mumbai’s Sessions Court, where the victim was heckled from all sides. How does a judiciary rule in the face of such overwhelming, ‘respectable’ support?

he Order issued by the Mumbai High Court judge on 11 June was a regressive about-turn from the strides made by the Ordinance that resulted from the Justice Verma Committee Report. ‘Facts’ like ‘why didn’t she scream?’ and the 5 hour ‘lapse in time’ it took the survivor of a physical, sexual and mental assault to reach the police station took precedence over forensic evidence of semen on the examination table; an appointment book listing only the survivor’s name for the day; and clear police negligence in locating an absconding Soonawala. Other ‘facts’ cited were that the survivor was unsure about the extent of penetration, and that a forensic report dated 20 days after the incident found no traces of male DNA on her vaginal smear —factors that have been dismissed by the Supreme Court in several rape cases where the survivor is accustomed to sexual intercourse. In a note on the subject Justice Hospet writes, ‘In most…rape cases, there is the victim and the accused — and it happens in a closed room, and there are no eye witnesses.’ It comes down to what the judiciary believes. But as the evidence shows, this ‘belief’ does not exist free of classism and privilege. Aam Aadmi Party members Anjali Damania and Preeti Sharma Menon ask, ‘What if the case was reversed? What if a tailor raped a Parsi lady doctor? Would we say that he should get anticipatory bail? No, we’d say, “Arrest him and put him in jail immediately.”‘

Says Sujatha Gothoskar, ‘What [supporters of Soonawala] don’t seem to understand is that this sets such a dangerous precedent with much wider implications than the case itself…Whether you believe her or the doctor, let the law take its own course; let him be arrested.’ The crux of the issue here lies not in Soonawala’s guilt or lack thereof, but in the fact that the law was prevented from taking its own course – singularly because of the social and economic standing of the accused. Now being heard in the Supreme Court, if the current ruling is not overturned, will the Soonawala case be the new litmus test for rape cases of the future? Fast track for poor rapists, bail for the wealthy? The more support in court, harassment of the survivor and reportage from an uncritical media, the better the chance for acquittal?

If the public and media conscience and consciousness were so righteously raised by the aftermath of the Delhi gang rape, the Soonawala case shows the falseness and elitism of that consciousness to begin with. When it’s the tailor, the plumber, the masked villain in the night, the country (as represented by social media, at least) is up in arms against this ‘dishonouring’ and violent act against its women. When the culprit is ‘one of us’, the silence is chilling.

 

#Delhigangrape: poor coordination within police, Usha Mehra Commission #Vaw


Edited by Shamik Ghosh | Updated: February 22, 2013 , NDTV

Delhi gang-rape case: poor coordination within police, says Usha Mehra Commission

New DelhiA government commission appointed to study the fatal gang-rape of a medical student in Delhi has blamed the capital’s police for poor coordination, allowing the bus on which she was attacked to remain on the roads months after it failed to get important clearances.Amid the massive protests that followed the savage attack on the student on the moving bus in December, Retired High Court judge Usha Mehra was asked to review the police’s role. Six suspects have been arrested for the  gang-rape and murder.

Justice Mehra has pointed out that the bus had been fined several times for different violations, and was refused basic clearances and permissions in March, but was not impounded. She said this proves a huge and dangerous gap between the transport police and other sections of the force.

However, she found that after the attack, when the student and her male companion were spotted bleeding on the road by a passer-by, a police van responded within six minutes to a call for help. On this front, she said, the police should not be faulted.

Justice Mehra indicted the thin public transport system in Delhi, stressing that more government-operated buses should run at night.

Calling for reforms that include training policemen to handle complaints of rape more sensitively, she said that even after December’s attack, the response of the police to women remains “callous.”

After December’s attack stirred anger and a national debate on women’s safety, the government appointed  the Usha Mehra Commission to study the incident; three legal experts formed the Justice Verma Commission, which suggested changes needed urgently to laws that deal with crimes against women.

Some of the Verma Commission’s recommendations were included in a new set of anti-rape laws cleared by the government, which must be approved by Parliament within six weeks.

 

Karnataka HC Judge Finds Wife Bashing Acceptable; Draws Flak


By IBTimes Staff Reporter | September 6, 2012

In an outlandish opinion of domestic violence in India, a Karnataka High Court judge reportedly said that a husband bashing the wife is acceptable as long as he takes good care of her.

Justice Bhaktavatsala has come under intense criticism for his so-called sexist remarks in a divorce case. An online campaign has been launched against him and online protesters have sought the Chief Justice of Karnataka to take serious action against Bhaktavatsala besides having him removed from his post.

More than 500 people have signed an online petition supporting the activists demand for striping Bhaktavatsala off his Justice position. An activists in their petition said, “The comments made by Justice Bhaktavatsala in various domestic violence and divorce court proceedings  recently are perpetuating the myth of patriarchy and his opinions going beyond the legal scope..”

“The judges are supposed to protect and enforce human rights of the citizens, but here we have a judge who is against women rights and even encouraging them to continue to stay in a violent relationship. Such views are retrograde and against the tenets of the Constitution of India,” the petition read.

The High Court judge reportedly made it worse by suggesting the woman to ask whether her father didn’t resort to beating her mother. “Ask your father if he has never beaten your mother!”

Each blow from Bhaktavatsala was painful than the other, until he concluded by asking the woman petitioner to “adjust” to her condition keeping her children’s future in mind.

Going by the content in online petition, Bhaktavatsala seems to have had allegedly given similar advices to couples who seek divorce for several reasons.

According to the activists, when a woman sought divorce from her husband on grounds of domestic violence, Justice Bhaktavatsala counsels the petitioner to endure the barbaric treatment in a bid to keep the family intact.

“Women suffer in all marriages. You are married with two children, and know what it means to suffer as a woman. Yesterday, there was a techie couple who reconciled for the sake of their child. Your husband is doing good business, he will take care of you. Why are you still talking about his beatings? I know you have undergone pain. But that is nothing in front of what you undergo as a woman. I have not undergone such pain. But madam (Justice BS Indrakala) has,” the online petition explained Justice Bhaktavatsala suggestion.

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