Page 24 - Tehelka Issue 8&9

women abuse

Court-monitored CBI probe

comes as respite in Unnao case

The proactive approach of the High Court to step out to ensure rule of law and justice, cornered
the state’s top law officer, Advocate General, who played all technical tricks to avoid the arrest of
accused BJP MLA, writes mudit mathur

t a time when the entire vocate General that the accused in the in judicial custody because of merci-
nation is disturbed over circumstances cannot be arrested. In less attack on him by goons including
photos: raman gill the gradual erosion of con- our opinion, arrest of the accused in the brother of MLA.
stitutional morality, the re- present case is necessarily required to The High Court after hearing the
Kashmir Women’s Collective against the children will continue feel that society needs to evolve its A cent Allahabad High Court safeguard the majesty of law and the daring facts of the case accepted the
founder and women rights activist to grow. Sensible citizens can take understanding of gender, victim judgement directing a CBI probe into dignity of the prosecutrix and to instill PIL, “Gopal S. Chaturvedi, learned Sen-
Mantash Binti Rashid said, “Inter- out a daytime in every week to meet survivors of gender-based violence the infamous Unnao case has come as confidence that free and fair investiga- ior Advocate, presented a letter ad -
estingly, most boys think that abuse and interact with random people, need immenseosupport and justice a respite. tion shall be undertaken by the Investi- dressed to the Chief Justice, requesting
on the street can be prevented by sensitise them about various issue and then only we can bring down The High Court has also ordered im- gating agency.” to take a suo motu cognizance of the
women’s headscarf or burqa. Such depending irrespective of mindset, instances of such crimes. They are mediate arrest of a powerful BJP leg- Requesting the court to take a suo incident that has taken place in district
archaic understanding of gender- ideology, etc. Outrage shouldn’t be serious crimes... “Kashmir’s child islature Kuldeep Singh Sengar along motu cognizance, eminent senior ad- Unnao, where a girl was allegedly raped
based violence needs to be chal- like occasions-gather and disperse.” abuser Aijaz Sheikh has system- with other accused. They have been vocate of Allahabad High Court, Gopal by a Member of Legislative Assembly,
lenged by engaging with young Singh, who has covered 18 states atically molested hundreds of boys booked under the heinous charges of Kuldeep Singh Sengar of Bangarmau
boys and girls. This won’t change in 45 months and roamed 25,300 over decades in North Kashmir in kidnapping, rape invoking POCSO Act, Constituency and his aides. He submits
over-night.” kms on his bicycle to propagate the the garb of being a peer, a faith heal- as victim was a minor girl at the time of It is alleged that that though the offence came to be reg-
Senior advocate Bibhuti Bhush- message of gender equality added, er. Similarly, Gulzar Peer of Budgam crime. The proactive approach of the istered on the basis of first information
an, who is based in Sambalpur dis- “We do not need anti-Romeo squad, raped girls at his home in the name High Court to step out to ensure rule in the intervening report lodged by father of the girl, nam-
trict, Odisha said, “Availability of cow vigilantism group, the soci- of healing them. Men like them are of law and justice, cornered the state’s period, several false ing Kuldeep Singh Sengar as main ac-
internet to one and all, especially, ety needs people for sensitisation free because society is silent, laws top law officer, Advocate General, who cused, the Investigating Agency has not
the access by adolescences or pre- of the masses on gender equality, are weak and there’s no deeper and played all technical tricks to avoid the cases were lodged arrested him till today. What is disturb-
matured people is inciting criminal women’s right, right to education, progressive understanding of gen- arrest of accused BJP MLA. against father and ing, as submitted by Chaturvedi, is that
activities in the society. There is no basic laws, human rights, etc... “Let’s der-based issues in a small, conflict- “The Courts, in particular the High the father of the prosecutrix, for no rea-
mechanism to manage and control not forget that four factors- Family, ridden, insecure society of Kashmir Courts, are the guardians of the life and family members of son, came to be arrested and was in cus-
the kind of content they watch on upbringing, tradition and syllabus which is struggling for three dec- liberty of the citizens and if there is any tody, where, we are informed, he was
the internet. A Childline member play a significant role in one’s life, ades now due to political conflict.” flavour of deliberate misuse of the au- the victim at the mercilessly beaten and succumbed to
from Sambalpur, on the condition therefore, what we teach and what Prerna said, “An important as- thority vested in the Investigating Au- behest of Kuldeep the injuries yesterday, i.e. 10.4.2018. We
of anonymity, said that the local we learn need to be emphasised.” pect that needs to be looked is the thority, the High Court or the Supreme fail to understand why the Investigat-
district courts do not give adequate Subreen said,“There’s no sex aftercare or counselling of chil- Court may certainly step in to correct Singh to pressurise ing Agency instead of arresting accused
importance to child abuse cases or education in schools for example. dren who have faced sexual assault. such injustice or failure of justice,” ob- victim’s family persons, they arrested complainant, in
its hearing, therefore, the judgment Parents are simple and ignorant Enough resources, including man- served Chief Justice Dilip Babasaheb connection with this case.”
takes time, so the conviction against in their approach, they themselves power, money, technology needs to Bhosale and Justice Suneet Kumar in a “We direct the office to register
the accused. don’t know about good touch or bad be dedicated by the government to detailed order passed by the bench. Swarup Chaturvedi presented a letter the letter of Chaturvedi, learned Sen-
touch, leave alone educating their strengthen the system and expedite Passing severe strictures on the in the open Court with a request to treat ior Advocate dated 11.4.2018 as PIL
Focus on solutions children about it. ... A lot of work the process in such cases of crimes. role of Advocate General Raghven - it as a Public Interest Litigation, show- and place it before this Court tomor-
Advocating on gender equality is possible on the ground — at the “We have to go back to under- dra Kumar Singh, the High Court held, ing newspaper clippings where a minor row, as fresh matter. We also direct
through pedalling his bicycle from societal level, with youth, through stand why these crimes are hap- “Advocate General not only exudes an girl was allegedly raped by a Member of Ramanand Pandey, learned Addl.
state to state since 2013, Rakesh Sin- policy implementation. Unless a pening so often. The justice delivery unpleasant flavour, but raises doubts Legislative Assembly, Kuldeep Singh Chief Standing Counsel for the State, to
gh said, “I strongly believe that until multi-pronged approach is used we has to be quick for cases of sexual about the bonafides of the police au- Sengar and his aides in an incident at inform the Advocate General/Addl.
gender education or genderisa- cannot succeed in seeing a decrease assault against children,” she added. thorities at the highest level. We are Unnao. Mr Chaturvedi painfully nar- Advocate General to appear in the case.
tion is welcomed and taught in the in such crimes.” unable to persuade ourselves in ac- rated the sequence of events leading We request Gopal S. Chaturvedi to ap-
society, the rape and sexual abuse KWC member Mantash said, “We letters@tehelka.com cepting the contention of learned Ad- to custodial murder of victim’s father pear in the case as Amicus Curiae,” the

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22-24 Special Report (Women).indd 4 02/05/18 5:33 PM 25-27 Unnao-Mudit Mathur.indd 3 02/05/18 5:33 PM