Amal Sheheen week 11

In the Mathura case, a tribal girl who along with her relatives went to a police station to register a complaint and was raped by policemen in the police station while her relatives were waiting outside. Indeed, in the circumstances in which she was placed, she did not protest. On prosecution, the Bombay High Court convicted the policemen. The Supreme Court, however, acquitted them on the ground that there was the consent of the girl and in an unprecedented move, four legal academics, viz., Dr Upendra Baxi, Dr Lotika Sarkar, Dr Vasudha Dhagamvar and Professor R.V. Kelkar wrote an open letter to the Chief Justice of India to get the judgment reviewed. The open letter recounts the incident and arguments as put forth by the Supreme Court in reversing the high court’s judgment and critiques it for its double standards among other things. The academics put for their criticism in a series of questions: (i) Why was she asked to remain in the police station even after her statement was recorded and her friends and relations were asked to leave? (ii) Why did Tukaram do nothing whatsoever to rescue the girl from Ganpat? (iii) Why were the lights put off and doors shut? (iv) Why did the Court not look for marks of resistance on the Ganpat’s body? The judgment was reviewed indeed but the bench reiterated its earlier stand.