Gauhati High Court Observes That Rape Is A Violation Of Fundamental Rights Of A Victim. About Time Someone Said It

Gauhati High Court Observes That Rape Is A Violation Of Fundamental Rights Of A Victim. About Time Someone Said It

Whenever it is that I get into an argument with my parents when I’d like to go out at nights and stay out late, despite knowing where their concern arises from, I often hurl at them the “what’s the worse that could happen” question, the answer to which I am painfully aware of. It’s not so much as the chances of being the next glorified victim of a hateful gender based crime, but also the fact that god forbid, if it were to happen, there stands a chance my own testimony would perhaps not be valued enough to hold the culprit down. And that is the worst that I now think, that can happen to us women. Not being enough to even charge the ones who wronged us, to see them walk free, right before our eyes, because the justice system does have its loopholes. But not anymore.

During the trial of a rape case, against a man who allegedly raped a woman (20 years old),  in a bathroom of a swimming pool in Digboi town in Upper Assam’s Tinsukia district on the night of November 26, 2009, Justice Rumi Kumari Phukan held that the statement of the rape survivor could be accepted as the true version of the crime, if supported by other evidence on record.

The eleven year old case, that thanks to our justice system only now got to the point of being discussed in court, observed that,  “The courts are sensitised that rape is a violation of victim’s fundamental right under Article 21 of the Constitution and a rape survivor is placed on a higher pedestal than an injured witness.” About time it was recognised that the word of the victim should have always weighed more than the one facing the charge for such a heinous crime. Especially with compelling proof in hand.

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The accused Nasir Uddin Ali, who was nabbed by the police a day after the incident, was held guilty by a trial court and was sentenced to nine years of rigorous imprisonment. And even though with the ruling made by Justice Rumi Kumari, one would think it is a moment to commemorate for all the victims out there. This small victory was tainted by the fact that the accused filed against the verdict, arguing that the victim had changed her statement during trial and the conviction by the trial court on the basis of her sole testimony and is in poor legal light. The fact that the court reduced his sentence from 9 to 7 years, was an equal blow to the stomach, as her previous ruling was a pat on the back.

Forced to systematically break down the redundancy of such rulings, if the court of law will keep on granting leniency to people who were unaware of the concept when they ravage the body of a woman, there is only so much we would be able to move forward in way of protecting the women of our country. Nonetheless, it is a good sign that the welfare of women and their words are finally making it to the top of the list, however later that may have been. Seems like there is still hope!

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Sadhika Sehgal

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