“Har waqt darr lagta tha, koi na koi case waapis lene ko bolta tha. Par main nahi maani (I would be scared all the time, people would insist on dropping the case. But I did not relent).” A day after a court convicted three men of raping her during the 2013 Muzaffarnagar riots, the survivor, now 36, told The Indian Express that the road to justice was long and arduous, but in the end her perseverance paid off.
While one of the accused, Kuldeep, died in jail three years ago, the two surviving men, Maheshveer and Sikander, have been sentenced to 20 years’ rigorous imprisonment.
Outside her home on Wednesday, there was heavy police deployment. She recalled that she was among the roughly half-a-dozen women who had sought justice for rape during the riots, but she alone could see things through.
Additional District Judge Anjani Kumar Singh, while convicting the accused, said in the 89-page order that they committed rape against a “helpless woman when she along with her son was fleeing through the sugarcane field to save her life”.
Significantly, Tuesday’s conviction order came just months after the Supreme Court passed a direction to take up the matter on priority and said the hearing must be conducted on a day-to-day basis. The apex court’s March 13 order came on the plea moved by advocate Vrinda Grover, the victim’s lawyer.
In its order, the fast-track court noted that the key evidence — the woman’s statement — was of “sterling quality”.
The communal clashes in Muzaffarnagar and its adjoining areas in August and September 2013 had claimed more than 60 lives.
Speaking to The Indian Express, the woman said that when she heard the news of the court convicting the men, she felt “relieved”, thanked god, and hugged her children. “It’s a big victory but it came at a cost. I had to leave behind dreams of a career and a normal life. I can’t say anything to my children at present but one day they will understand what their parents went through. I did it only for them. I don’t want anything like this to happen to any other woman or child; I know how it affects a person,” she said.
The woman, who was 26 at the time of the riots, recalled: “I remember I was running away from home because there were rioters in the area. I was carrying my child through a field and couldn’t run fast. I can never forget that day… They had weapons; they raped me and threatened to kill me and my child. They also burnt our house. Initially, I didn’t share this with anyone. Later, I found courage when I saw other women (who had come forward to report similar crimes), and told my husband everything.”
The couple initially felt “weak” and wanted to leave the city. But they eventually met a group of “six-seven women” who shared their stories, and they decided to seek action against the accused.
“I knew other women were also suffering. We all wanted justice but didn’t have the means,” she said, adding that in December 2013, someone suggested she go to Delhi and speak to Grover.
A day after the court verdict, Grover said: “The road to justice was long, arduous and chequered. The victim/survivor had to approach the superior courts repeatedly for enforcement of her fundamental right to a fair investigation and speedy justice. The trial itself was protracted and deliberately dragged to exhaust the victim. This case is a testament to the pervasive impunity with which rule of law can be undermined and the egregious apathy of the legal machinery towards a woman victim of targeted sexual violence during a communal riot.”
A boy look at a burnt house of a muslim family at Lisad village in Muzaffarnagar district (UP). Thousands of muslims left their houses, to reach the safe palces after the riots. Sept 11th 2013. (Express photo by Ravi Kanojia)
Said the survivor: “After I met her (Grover), I felt a bit better. She told me my case was strong and I can get justice. We hardly had any money, but that didn’t stop us from attending court proceedings. It took almost a year to record my statement and another year to record my husband’s. I had almost lost hope.”
An FIR was lodged in the case in 2014, after the Supreme Court’s intervention.
“It took us five-six months to register an FIR. Even then, police refused to investigate. There was a woman officer who asked me to ‘compromise’ and promised a good deal. I was shocked,” she said.
During the tedious legal fight, she had to stop working, while her husband lost his job.
She recalled receiving threats about her children – “Aaj to bacche school gaye hain, shayad kal na jaayein (Your children have gone to school today, they might not tomorrow)” – over the years. “It was a nightmare living in that village. We moved to a nearby village but families of the accused followed us. They would threaten my husband, but he supported me and we moved to another city, where we stayed for four years,” she said.
Changes against the accused were framed only in 2018, four years after the FIR. The men, who had been arrested in 2014-15, were charged under IPC section 376 D (gangrape), 376 (2) (G) (gangrape during riots) and 506 (criminal intimidation).
The communal riots in Muzaffarnagar and adjoining districts led to the displacement of over 40,000 people. (Express Photo)
The woman said judges were transferred three-four times and she had to approach the Supreme Court at least thrice to expedite the proceedings. After charges were framed, it took another three years for prosecution witnesses to be examined.
In 2019, many other women gave up the pursuit of justice, allegedly because of threats and pressure from locals. “I was scared but I knew I couldn’t back down. My husband told me to take the case to its logical end,” she said.
“My eldest son should have been studying in Class 10 but he could never go beyond Class 5. We were moving homes and living discreetly. There was a point when he was pushed to work at shops and factories. I cried almost every day. I wanted him to study but there was nobody to support us,” she said. “I will now focus on their education and send them to school. My mother called me and told me that she’s proud of me. She’s happy that I don’t have to go to court anymore.”
Muzaffarnagar under curfew after the 2013 riots. The woman said she was among half-a-dozen who sought justice for rape during the riots. (File Photo) 
The communal clashes in Muzaffarnagar and its adjoining areas in August and September 2013 had claimed more than 60 lives.
A boy look at a burnt house of a muslim family at Lisad village in Muzaffarnagar district (UP). Thousands of muslims left their houses, to reach the safe palces after the riots. Sept 11th 2013. (Express photo by Ravi Kanojia)
The communal riots in Muzaffarnagar and adjoining districts led to the displacement of over 40,000 people. (Express Photo)
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