STATEMENT OF THE GYAN VIGYAN MOVEMENT  MOVEMENT CONDEMNING UNEQUIVOCALLY THE RECENT SPATE OF SEXUAL VIOLENCE ON YOUNG GIRLS IN KATHUA AND UNNAO-15 APRIL, 2018

We, the Representatives of Gyan Vigyan Movement from across the length and breadth of  Haryana, are both deeply concerned and horrified at the growing and repeated incidences of sexual violence and extreme brutality being inflicted on girls, not to speak of it happening thrice in succession in different parts of the country within a span of few days.

While each of us is filled with distress and shame, we feel the time has also come for us  to ask all the Powers that Be whether they believe enough is being done to prevent such dastardly acts on the most vulnerable and hapless categories of the population.

The mother of the young victim in Kathua laments that a child who loved meadows and horses has now been abandoned to a lonely grave. Her father says she did not even know the difference between her left and right hand. Nor that of belonging to any particular community or religion. This poignant and heart-wrenching comment stands testimony to the total betrayal by society as a whole, undoubtedly, but in particular by those obligated to protect and nurture young lives. This is best demonstrated by the fact that, despite the detailed FIR filed in the case of the Kathua victim and the statement of the victim and her family naming the perpetrators at Unnao, every step taken thereafter by the concerned authorities has been at best casual, or a wilful obfuscation and sidetracking of the heinous crimes in order to allow the alleged perpetrators to roam free. In the first case, there was even a concerted effort on the part of the local community to mobilize partisan support from political and legal forces to scuttle the rule of law.        

We condemn the widespread impunity that surrounds us and the cynicism combined with contempt and arrogance shown by those in power to the rule of law. In the process, justice delivery has been deliberately stymied and there is a complete lack of accountability towards the people whom they are supposed to serve. Justice has already been compromised in both case. In the Unnao instance, the victim's father was assaulted so badly that he succumbed to internal injuries, even as his family members continue to live in state of fear of attack.

After the outrage following the Delhi gang rape of December 16, 2012, the Justice J.S. Verma Committee set up by the then government left no stone unturned to define, recast and augment the power of the law to not only prevent violence against women and girls but also address it in the most decisive and efficacious manner, making all duty-bearers punishable under the law for failure to enforce it or ensure timely justice.   

This mammoth exercise led by the late Justice Verma and ably assisted by the eminent jurists, the late Justice Leila Seth and Gopal Subramanium, was done in a highly consultative manner bringing together the best legal minds and those who that had been in the forefront of the struggles waged by women in different parts of the country since the early 70’s.

Although the recommendations of the Justice Verma Committee was legislated, like many other laws passed by the highest lawmakers aimed at affirming the rights of women and girls and preventing the all-pervasive discriminations they face, we find that the executive zeal necessary to take this process forward and translate the law into rights and entitlements of women and girls is missing. Today, the entire law stands compromised in both letter and spirit. 

With neither administrative will nor accountability enforced by statutory bodies mandated to do so, we find that the duty bearers, including the police, are guilty of acts of both omission and commission.

It is in this context of weak accountability, and clear unwillingness on the part of authorities to provide adequate resource to agencies, empower institutions and build strong partnerships through mutual collaboration, the argument -- often made at the highest levels of society and government -- for rapists to be given capital punishment sounds hollow. We do not support the call for the death penalty. Instead, we need an urgent evaluation of where the gaps lie in the implementation of the Criminal (Amendment) Law, 2013 and POCSO, 2012.

We condemn the attempts by the leaders of the Bar Association to obstruct the administration of justice in the Jammu case by preventing the filing of the charge sheet and by obstructing the efforts of the woman lawyer in representing the family. A profession bound by a duty to uphold the rule of law in accordance with the Constitution cannot betray its own calling and aid and abet the breakdown of the rule of law.

The deliberate silences in the media and the careful construction of Prime Minister Narendra Modi as a person committed to gender justice is particularly disturbing and politically opportunistic. The Prime Minister’s condemnation of the rapists in both cases came far too late, and did not address the endemic failures of state governments ruled by his own party that allowed these crimes to take place. Let us not forget that such rapes, murders and other atrocities are a direct result of the hate mongering and 'othering' of minorities, dalits and tribals that is widespread in India today.

We therefore demand that the perpetrators of both these unconscionable brutalities be brought to justice without any further delay.