Endless Night

IT8217;S just been a few months since their little hut in Bhateri village near Jaipur has been converted into a bigger house. But that is a...

IT8217;S just been a few months since their little hut in Bhateri village near Jaipur has been converted into a bigger house. But that is about the only happy change in Bhanwri Devi8217;s life since a sessions court acquitted all five men accused of gangraping her and the High Court admitted an appeal plea.

Twelve long years have gone by since the Akha Teej 8212; a favourite day for weddings across the state 8212; when the police gatecrashed into Ramkaran Gujjar8217;s house and halted the marriage of his one-year-old daughter. The Gujjar- and Meena-dominated village held Bhanwri, a Rajasthan government saathin campaigning against child marriage, responsible for calling the police.

Life was never the same again. Four months later, on September 22, 1992, her husband Mohan Lal was beaten up and she was allegedly gangraped. A shattered Bhanwri registered a case the following day. But it was only after 48 hours that she was medically examined and a probe began.

A determined Bhanwri identified five men as her rapists: Ramkaran, Ramsukh, Badri, Gayarasa and Shravan Pandey. They were arrested only in January 1993, four months after the alleged rape.

8216;8216;The delays were numerous,8217;8217; remembers activist Mamta Jaitely, who has followed the case from day one. 8216;8216;The case was first investigated by the local police, then the state CID and then finally by the CBI. It took the CBI one whole year to present the challan before the court and arguments began in October 1994.8217;8217;

		Bhanwri Devi


			Sessions judge Jagpal Singh8217;s verdict was a shocker. 8216;Bharatiya sanskriti abhi itni nahi giri hai ki usme pale hue8230; bhola-bhala vyakti es prakar se durachari ban jaye ke unke andar aayu, jati ka bhed hi na rahe8230; aur woh is prakar se kisi aurat ke upar tut pade8217;

The court proceedings were traumatic. Bhanwri8217;s statement was recorded in-camera, but she was the sole woman in the company of 17 men, including the accused. 8216;8216;I was raped once in my village and then all over again today in front of everyone in court,8217;8217; she said as she stepped out. A lady advocate accompanied Bhanwri from the next hearing.

Five judges and three years after the incident, on November 15, 1995, a verdict was pronounced. The sessions court acquitted the five men on charges of rape and only found them guilty of assaulting Mohan Lal. They were sentenced to nine months in jail and a fine of Rs 500. In addition, Badri and Gayarasa were sentenced to two years in prison.

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Sessions judge Jagpal Singh8217;s judgment was a shocker, dismissing the possibility of the crime on grounds of Indian traditions. 8216;8216;Hamare vichar se bhartiya sanskriti abhi itni nahin giri hai ki usme pale hue, dehat main rehne wala, bhola-bhala vyakti es prakar se durachari ban jaye ki unke andar aayu, jati ka bhed hi na rahe aur woh insaan se bhediye bankar is prakar se kisi aurat ke upar tut pade ki ek 70 varsh ka vyakti dekhta rahe aur 40 aur 60 saal ke vyakti balatkar karte rahein8230;

8216;8216;Nirvivad roop se yeh baat es hadh tak to samaj aati hai ki ek aayu ke vyakti jo teenager ho vo to kahin milkar balatkar kar sakte hai lekin dehat ki sanskriti ke rehne wala vyakti8230; vo es prakar se 40 varsh ke, 70 varsh ki aayu ke vyaktiyon ke beech mein, din mein, jungle mein, sab ki drishti ke samne balatkar karen yeh vastav mein samajh mein aanewala nahin hain.8217;8217;

	CASE FILE


			Lost Cause 8226; Bhanwri Devi, a saathin campaigning against child marriages, was raped on September 22, 1992. The accused were arrested only three months later 8226;In 1995, all five accused were acquitted of rape and found guilty only of beating Bhanwri8217;s husband. The punishment: nine months in prison and Rs 500 fine 8226;In 1996, the government filed an appeal. It is yet to be listed 8226;Bhanwri8217;s case inspired the Vishakha judgment and a Nandita Das movie but it has done little to get her justice

In other words, the rape could not have taken place because upper caste men would not do such a thing with a lower caste woman and also because older people and people from different communities would never get together to commit a crime of this nature.

The verdict led to popular outrage and the government filed an appeal in Jaipur High Court in February 1996. The case is yet to be listed.

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Meanwhile, a film called Bhawandar, with Nandita Das in the lead role, has been made on the incident. Though they haven8217;t seen it, Bhanwri8217;s family claims the film has misrepresented a number of facts.

Today, the woman who boldly peered out of her veil and became a rallying point for women everywhere 8212; her case inspired the Supreme Court guidelines on sexual harassment at the workplace, popularly known as the Vishakha judgment 8212; is 68 and very cynical. 8216;8216;Thousands were with me then,8217;8217; she says. 8216;8216;Today I am quite alone, still waiting for justice.8217;8217;