Anti-rape protesters have been outraged by the fact that the new rape law will be discussed in Parliament, with a rape-accused presiding over the discussions! The Deputy Speaker of the Rajya Sabha, PJ Kurien, is accused in the Suryanelli rape case: a case of gang rape of a 16-year-old girl in Kerala, 17 years ago.
The 16-year-old girl in Kerala’s remote Idukki district, was defrauded by a man whom she had befriended, was drugged, beaten and taken to places across the Tamil Nadu and Kerala countryside, where she was raped by around 40 men. Eventually she was put on a bus back home, after which she filed a complaint of rape. 40 persons were named as accused in the main petition, by the State Government. The rape survivor later saw Kurien’s photograph in a newspaper and recognized him to be one of the rapists, and filed a private petition against him to the court, when the police refused to register her complaint against him.
Kurien had tried to appeal against his being named as an accused, but his appeal was rejected thrice: by the lower court, by the High Court and by an Additional Sessions Court. A Special Court had convicted 35 of the 40 accused in the original case. A division bench of the Kerala High Court, in 2005, however, overturned the convictions, in a shockingly misogynist verdict. Only one man was found guilty of sex trade (procuring and selling a minor for purposes of prostitution). Only after that, based on the acquittal of the other accused in the main petition, was the case against Kurien rejected by the Kerala HC and later the Supreme Court.
Meanwhile the rape survivor also faced political victimisation, being falsely accused of financial irregularities and losing her job.
However, the Supreme Court recently responded to the appeal against the 2005 verdict, expressing dismay at the verdict and setting aside the Kerala HC’s acquittal of 2005. The case has been sent back to the HC for a fresh look.
Several crucial witnesses, including the man convicted in the case, have now stated that Kurien was in fact guilty and that the prosecution had made them suppress facts.
The Kerala HC verdict of 2005, shockingly, seems based more on the judges’ view of the girl’s morals rather than on the facts of the case. Based on its moralizing, it concludes that the girl was a prostitute who agreed to sex with 40 men by consent. For instance, the verdict comments that the girl’s “inclination to have such friendly relationship with a stranger like Kochumon must also be taken note of while appreciating her evidence.” It notes that “She is thus shown to be a girl of deviant character. She was not a normal innocent girl of that age.” One of the judges notes that “It is easy to assume that no minor if prudent and intelligent, and if her faculties of reasoning and sense of righteous behaviour are properly developed and intact, would choose in the Indian context to consent to extra marital and pre marital sexual intercourse…. In the fiercely consumerist society that we live in, a young girl child is also exposed to so many temptations that it is difficult for the child which has not been groomed in proper atmosphere with a proper value system inculcated in it, to resist such temptations. Such children can be termed deviants but cannot be merely condemned and left to their fate.” And therefore the judge advices raising of the age of consent to 18 years rather than 16! The verdict shares all sorts of patriarchal ideas about how a ‘righteous’ and ‘good’ girl would behave, and with all the patriarchal moral outrage and disgust, brands as ‘deviant’ a young girl who chooses to fall in love with a man. Once assumed to be a ‘deviant’, her own testimony about being raped by other men is viewed by the judges with suspicion, based on their assessment about her character and morals. And at the end, while doing a grievous injustice to the complaint of rape and branding her a liar, they ask that the freedom of all young girls of 16-18 years, to have friendships of their own choice, be restricted by raising the age of consent! One of the Judges who delivered that verdict has recently said on TV that the girl was a ‘deviant’ and a ‘child prostitute.’
The Congress party has shamefully yet to remove Kurien from his post as Deputy Speaker of the RS. Moreover, asked by a woman journalist about the Kurien case, UPA Overseas Minister Vayalar Ravi made a sexist remark, asking her whether she too had had a past relationship with Kurien! The Congress is yet to act against either Kurien or Ravi.
Speaking to a national daily, the rape survivor who is fighting for justice said, “I am no longer the 16-year-old school girl who fell for her first love, and lost her life. Yet, at 33, I am battling the same nightmares; my world is a grey longwinding road that stretches from my house to church and office.
People have a tendency to smirk when I recount the 40 days when I was turned into a female body that could be used anyway they liked — sold like caged cattle, pushed into dark rooms across the state, raped day and night, kicked and punched. ...I can remember all those faces clearly. Raju comes first. The man I loved, and trusted. That he would turn me into the victim of Kerala's first sex racket was the twist in my love story. The man whose face I searched for during my every day trip to school was one among the many I had to point to in an identification parade, and come face-to-face in the court corridors. In those days, I really wanted to kill him, my first love.
I feel relieved that the Delhi girl died, or she would have faced the same pointed, porn-tinted questions from everywhere, forced to explain countless whys, and would have had to live a life fearing her own shadow and without a friend.
I belong to the Latin Church which is the largest individual church in the Catholic Church, but in all these 17 years, not even a single prayer was said for me in any church anywhere. No rosaries marked the Hail Marys, and no angels came to my doorstep to offer kind words.
But my belief has not wavered. It gives me the strength to watch 24/7 news channels where the protectors of law call me a child prostitute, and eminent personalities discuss why my case won't stand. Even when I am framed in a financial fraud case in my office, and when my parents go down with major health problems, I convince myself that this too would pass. One day.”
From ML Update