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We often move on to the next big thing before ensuring that justice is done

As I had warned at the time, the Ruchika Girhotra case is slowly fading from the headlines.

The media have had their fortnight of excitement and the great Indian middle class has had its two weeks of outrage.

 

   Had it not been for the smug foolishness of SPS Rathore, the case would have missed its last appearance in the papers and on TV news. But Rathore took it upon himself to tell journalists that he had been inspired to smile by Pandit Nehru. The public indignation over this claim was so massive – who would associate Rathore’s lecherous smirk with Panditji’s warm smile? – That India’s collective desire to give him a tight slap returned.

 

   But assuming that Rathore keeps his mouth shut from now on, I doubt if the case will command the same level of public attention again. In our minds, we have decided that Ruchika died because Rathore is an evil man and have concluded that if Rathore gets punished, justice will have been done.

 

   In fact, it is not so simple. Contrary to what TV anchors may tell you, it is difficult to try a man again for the same crime on the basis of the same evidence. And while he may well be guilty of abetment to suicide, when that charge was first leveled, it was thrown out by two different courts.

 

   Besides, I don’t even think that Rathore is the real problem. He is merely a symptom of the sort of systemic rot, depravity and corruption that led to Ruchika’s death and to the hounding of her family. It suits those who run the system to allow Rathore to be the fall guy – after all, he is a truly loathsome character – because it prevents us from looking further and doing anything about a system that preys on the weak and works to the benefit of those in authority.

 

   Let’s look at the Ruchika case with some detachment. Nobody can deny that what Rathore did – grabbing Ruchika and groping her – was both revolting and disgusting. But equally, let’s accept that this incident by itself is not unusual in today’s India where officials rape defenceless women with a sickening regularity. Nor is it enough to explain our outrage at the circumstances of the case.

 

   The reasons we are upset are as follows. One, the police refused to register the molestation complaint. Two, Rathore was protected by Haryana’s notoriously corrupt politicians. Three, false cases were filed against Ruchika’s brother. Four, her brother was repeatedly tortured by the police. Five, Rathore arranged for goondas to abuse Ruchika each time she left her house. Six, he forced her school to throw her out on a flimsy pretext. Seven, the case took years to come to any kind of conclusion. And eight, even now, with all this publicity, justice has still not been done and Rathore is still smirking.

 

   Given that these are the reasons for our anger, our efforts should be directed towards revamping the system so that such abuses of power cannot recur in future.

 

   This is not easy to do. But equally, it is not impossible. We need, first of all, to fix some kind of accountability on the police. The officers who filed the false cases against Ruchika’s brother and who tortured him are still at large. Many continue to occupy positions of influence. No doubt, they also continue to misuse their power in the same sorts of ways.

 

 "While this blame game goes on, thousands of Ruchikas are driven to suicide and many families like the Girhotras are denied justice."

   Any government that was sincere about righting the wrongs done to Ruchika’s family would suspend these officers and after due process, either arrest or at least sack the worst offenders. In fact, the Haryana government has done nothing. The policemen flourish.

 

   And why has the chief minister done nothing? It’s because India’s politicians are in bed with the police. They help each other subvert the law and persecute the citizenry. Over the years, police commissions have written innumerable reports suggesting revamps of the system to break the politician-policeman nexus. But because it is politicians who would have to implement these recommendations, nothing gets done. And the state of the police force gets worse and worse.

 

   Imagine a situation where politicians had not been able to protect Rathore and where policemen had known they would be held accountable for their torture of Ruchika’s brother. None of what happened to the Girhotras would have taken place. But because the system is so rotten, the police were able to behave with brazen impunity, sending goondas to taunt Ruchika to her death and putting pressure on the school to expel her.

 

   Consider also the nature of justice in India. The way the judicial system works these days, the only beneficiaries are lawyers. The ordinary Indian can expect no justice from a system that is over-loaded, complicated and subject to decade-long delays. And that’s before you get into the issue of corruption.

 

   Each time people like me write articles about the need for judicial reform, we are assured by politicians and justices that reforms are on the way. In fact, very little changes. Judges will tell you that they are working at 65 per cent of capacity and that new judges need to be appointed. Politicians will tell you that it is the judges who refuse to fill the vacancies. And so on.

 

   While this blame game goes on, thousands of Ruchikas are driven to suicide and many families like the Girhotras are denied justice. Even now, as we focus on Rathore’s smirk, those in charge of our legal system are laughing all the way to the bank. Once again, they have escaped censure and once again, the public has failed to draw the obvious conclusion: It’s not just the individual, it is the system itself that is at fault.

 

   In fact, the only systemic change that has occurred in the two decades since Ruchika died, is in the role of the media. I admit that TV channels have often behaved with a lack of balance in covering this case, but let’s not forget that the only reason why Ruchika’s father is able to demand some measure of justice for his dead daughter is because the media have highlighted the case. And ask yourself this: if the case had been afforded this kind of coverage when Rathore first molested Ruchika, would she still be alive today? Would the police and the politicians have got away with ruining the lives of the Girhotra family?

 

   But alas, the media can only do so much. And, tragically, we often move on to the next big thing before ensuring that justice is done. I fear that something like that will happen in the Ruchika case. New charges will be filed against Rathore. The case will take a while to come to any conclusion. Ruchika’s tragedy will slowly fade from public memory. And it will be business as usual for India’s politicians and policemen.

 

   I hope I am wrong. I hope that this time we will stay the course. And that we will demand the systemic changes that are so desperately needed.

 

   Otherwise, Ruchika will have died in vain.
 

CommentsComments

  • jasbir singh 25 Jan 2010

    This is not the only case of its kind. The corridors of Govt/police offices are full of such cases, infact worse.This case got highlighted because the poor girl committed suicide, and this idiot smirked after his case.Most of these cases arise because of corruption, and normally are directed against the whistle blower and his family. i can personally pinpoint quite a few , but then no TV channel/ journalist would like to take them on because there is no suicide involved although the cases are more henious. Also the only reason why this case got highlighted was because Rathore had retired! If he was still in service no journalist would have the guts to take him on.
    After all we live in a country where after the murder of pramod mahajan, his mother openly stated that it was not a murder related to inheritance because their father was an ordinary school teacher who had no property to pass on to his sons!! Inspite of that even Mahajans PA was a crorepati--forget about Mahajan!! Has no jounalist/judge/ official / politician ever bothered to ask the question of how he died a millionaire!! Obviously it was a business for which this country is fast becoming a world leader!!

  • Anil Kumar 18 Jan 2010

    I am glad you have hit the nail on the head. We had not struggled to gain independence from British Rule to mortgage our lives and hard earned freedom to a feudal and outdated system of governance which doesnt find a place in any other civilised society. After indepedence it was expected that self rule would enable the citizens of this great nation to have a system of governance which would lead them to achieve their potential besides affording them the basic freedoms of life and liberty. However, what they have got in the bargain is a democratic right to vote every five years with no real choice under a subverted electoral process where money and muscle power play a vital role and allow criminals to don the mantle of political legitamacy. This political power is used by them to further divide our society on the basis of caste and creed with a view to divert attention of the people from their nefarious activities and massive corruption wich in turn help them in cementing their hold over power. The influence of money power, spread of caste, creed and religion, rampant neptoism and lack of accountability at all levels has eaten to vitals of the institutions left behind by the British and those created in early years of our Republic under the Constitution. As such, from governance point of view,it is not surprising that some people believe we are worse off than we were under the British Rule. The present anarchy of governance suits our ruling class, police and bureaucracy as with judicial system also being in the same state a citizen has nowhere to go and seek redressal for his grievances or to bring criminals to justice. As such please do not expect any help in your campaign for Change for the sake of good governance from political class or bureaucracy. Rather they will use every trick in the trade to derail you or bring you back in their fold so that there is no rallying point for the people to seek change from present system of governance. I hope and believe that media which has shown their tremendous power in the recent past in giving some sleepless nights to our tormentors would not let people down and work for a just and transparent system of governance in the country.

  • Chandana C.Arora 18 Jan 2010

    PERPLEXING……
    The Vir Sanghvi that wrote of Ruchika today in HT, is a perplexed man. As perplexed as any of us who have spent a lifetime doing our bit to remove injustice upon, and persecution of, lesser privileged people of our country. After a lifetime of writing against the wrongs committed by those in power, and watching nothing actually changing in the massive stagnant system, is what Vir Sanghvi expressed today. Keeping the fight alive, in spite of all disappointments – is what Vir Sanghvi did today.
    The Ruchika case was brought to life by Arnab Goswami at Times Now. Carried on immediately by NDTV 24/7, Headlines Today and later by all networks and print media houses of India. The perplexity is more foreboding because we cannot put our finger onto where from we start erasing the darkness. What Sanghvi laments about is the deep rooted character of crime against women.
    There are two things I hear echoing in Vir’s perplexity. One, as sure as a set pattern, In India, a woman rarely faces one single crime, and from one single inflictor. So when Ruchika was molested by an officer it didn’t end there. She was later crucified by all authorities, including civil ones like her school administrators. And like Veer points out, they are all there with freedom as their birthright, with no accountability ever sought, gearing up for maybe ever fresh scalps.
    I cite a case - one of millions - to enumerate what bothers Veer so. A young girl of 22, Sheela, living with her greedy husband and in-laws, approached nine times, different police stations – once even drenched in kerosene. She was turned back to her in-laws after the policemen made them reach a ‘compromise’ every time. Her parents couldn’t or wouldn’t take her back home hoping things would normalize. One night she could not reach a police station. Or she just gave in knowing, her pleas would fall on deaf ears and that there was no security anywhere for her. This night she was burnt alive. In a very serious condition we found her in our local hospital with in-laws absconding and parents making a hue and cry of the foul play. Later she was recuperating but had to undergo a small operation for some deep burns. After a very successful operation, in the post operative chamber, the bed had no sheet and only a red mackintosh, the kind government hospitals have. When did the recuperating girl start hamourroughing, no one could say. She just bled to death - ever so quietly.
    Was there then a single offender, one single murderer? Or who spared the luckless girl? Who did not victimize her? Her parents, her in-laws, her husband, all the cops she went and begged for help, doctors that wouldn’t keep an eye on a patient? Doesn’t it sound as if they all banded against poor Sheela, and so what chance did she have?
    This is what happens in every case of violence against women and this is what happened in the case of Ruchika. This is one thing good people like Vir Sanghvi must focus upon and fight systematically. That while a crime was committed, how many people added to it, and how many people were either hostile or indifferent towards the victim. This should be brought to light, by all of us who work for justice.
    Two – sharp focus is required upon the governmental response to such cases. Even if it is late in the day, there still are many measures the authorities can take in Ruchika’s case. When we fight in the courts for convictions of murderers we know we cannot bring our dead Sheelas back. But a tough sentence resounds a long way. Thus in Ruchika’s matter - we can get no justice for the dead victim, but the word must travel far and wide that injustice and planned victimization of an individual will not go undetected, unaccounted, unpunished. Consequences faced by the perpetrators should be a matter of wide propaganda.
    Another case – again one of millions - to enumerate the above theory. In the dead of night, at a far flung, isolated farm, a young girl of eighteen, the daughter of the farm chowkidar, is attacked by four youths. The youths are in an inebriated condition, and armed. The girl and her younger brother of fifteen try to fend off the attack with whatever they can lay their hands upon – a stick for the brother, and a sharp edged tool for the sister. In the melee one of the youths gets wounded. The girl and her family being real poor and scared, run from their house (the spot), while the attackers, boys of influential families go to the thana and file reports against the bother and sister. In spite of the circumstantial evidence, like the spot and hour of crime, pointing to the fact of who the actual attackers were, the SO registers an offense against the two under Section 307 of the IPC – ‘Attacking with intent to Kill’. The two small children are apprehended and put behind bars. The case then goes to the court where a woman judge hears the case. She fails to perceive that the incident happened in the girl’s house, in the dead of night, and what business the drunk boys had there anyway. The woman judge also lacks the eyesight that would otherwise tell a her that a puny looking girl could not attack four full grown hoodlums, and hence the story the Police SO gave the court was a concocted one. The judge only responds to the fact that any person booked under Section 307 is to be sent to jail. So she does just that. And a girl who deserved a lot of compassion and understanding at that point of time in her life, is thrown behind the cold walls of a jail.
    So, while we shall not blame the government authorities for all crimes happening, yet how the government machinery responds once the victim comes to them for security and justice, should be our point of focus. The responses of the police, the judiciary, the judges, should hereon be under a scanner. Any victim, man woman or child, that comes to the authorities for succor, should be treated right, as per the law, and no other way.
    While on the job, we also make sure police officers, members of the judiciary, no one escapes the net of accountability, responsibility. Let no authority be allowed, now onwards, the luxury of sitting back, smug-in-their-own-power and orchestrate cases like Ruchikas, smirking viciously inside all the while.

    Chandana C.Arora
    +91-97520 81199

    President
    Women’s Rights Council

    President, NCP
    Women’s Wing, Madhya Pradesh


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