After 32 years of relentless struggle, justice has finally been served to rape survivors, marking a powerful moment of victory in their long fight against injustice.
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Sushma’s Story
“My soul is engulfed in immense sorrow. Even now, tears stream down my face as I reflect on the moment that shattered my existence.” In 1992, Sushma* recounted that she was 18 when a man she was acquainted with led her to a deserted warehouse, claiming they were going to watch videos. Instead, six to seven men bound her, assaulted her, and captured images of the assault.
These men hailed from affluent and powerful families in Ajmer, a city in the western Indian state of Rajasthan. “Following the assault, one of the men offered me 200 rupees to purchase lipstick. I refused to accept the money,” she disclosed.
Forty-two years later, last week, the court convicted the rapists and sentenced them to life in prison. “I have reached the age of 50 today and feel a sense of closure regarding the matter,” she expressed. “However, it cannot restore what I have lost.”
She mentioned enduring years of defamation and ridicule from society due to her ordeal, and both her marriages ended in divorce upon her husbands discovering her history.
The Other 16 Victims
Sushma is among 16 victims, all of whom were either students or schoolchildren, who were subjected to rape and blackmail by a group of influential individuals across Ajmer city over several months in 1992. This case turned into a significant scandal, leading to widespread protests.
Last week, the court handed down life sentences to six of the 18 accused: Nafis Chishty, Iqbal Bhat, Saleem Chishty, Sayed Jamir Hussain, Naseem – also known as Tarzan – and Suhail Ghani. They have yet to admit to the crime, and their attorneys have stated their intention to appeal the decision in a higher court.
What About The Other 12 Accused?
Eight received life sentences in 1998, but four were later acquitted by a higher court, and the remainder had their sentences reduced to 10 years. One of the accused committed suicide. Another was sentenced to life in 2007 but was later acquitted six years later. One was convicted in a related minor case but was subsequently acquitted, and one of the accused is currently on the run.
Is The Justice Truly Served
“Can you even consider this justice? A verdict is not justice,” Santosh Gupta, a journalist who had covered the case and served as a witness for the prosecution, remarked.
This sentiment was echoed by Supreme Court attorney Rebecca John, who referred to it as yet another instance of “justice delayed is justice denied.” “This highlights a broader issue that transcends the legal framework. Our patriarchal society is fundamentally flawed. What we truly need is a shift in mindset, but how long will that take?”
How They All Planned It
The accused men exploited their power and influence to deceive, threaten, and entice their victims, as stated by prosecution lawyer Virendra Singh Rathore. They captured compromising photographs and videos of their victims and used them to coerce them into silence or to recruit additional victims, he added.
“In one particular case, the defendant lured a man they were acquainted with to an event where they intoxicated him. They captured inappropriate images of him and threatened to expose them unless he brought along his female friends to meet them,” he stated. “This was their method of continuously victimising others.”
The defendant also possessed significant political and social ties. A number of them were linked to a renowned dargah (Muslim religious shrine) within the city.
“They would roam the streets on bicycles and automobiles in a city that was considered small-town at the time,” Mr. Gupta mentioned. “Some individuals were fearful of these individuals, others were drawn to them, and some aspired to be like them.”
He mentioned that it was their influence and connections that played a role in keeping the case hidden for several months. However, there were individuals – such as those employed at the studio where the photos were developed and even some police officers – who were aware of the situation.
Why Did Justice Took So Long?
One day, the photographs taken by the defendant were brought to his attention. These images had a profound impact on him.
“These were the city’s most influential men committing atrocious acts against young, innocent girls – and there was undeniable proof of it. Yet, there was no significant response from the police or the public,” he said.
He attempted to write reports about it, but none were successful in exposing the case.Then, his publication made a bold move. It featured a photograph that depicted a young girl, exposed from the waist down, being pressed between two men who were fondling her breasts. One of the men was smiling at the camera, and her face was obscured.
This report caused a stir in the city. The public was incensed, and the city was shut down in protest for several days. The anger spread across Rajasthan like wildfire.
“In the end, there was some tangible action taken by the government. The police registered a case of rape and blackmail against the defendant, which was then handed over to the state’s Criminal Investigation Department [CID],” Mr. Rathore explained.
Mr. Rathore pointed out that the trial lasted for 32 years due to various reasons, including the staggered arrests of the defendants, alleged tactics used by the defense to delay the trial, a lack of resources for the prosecution, and systemic issues within the legal system.
When the initial charges were filed in 1992, six of the defendants – who were only convicted recently, in 2020 – were omitted because they were on the run. Mr. Rathore believes this omission was a grave error, as when the charges were finally brought against the six in 2002, they were still at large. Two of them were captured in 2003, another in 2005, two more in 2012, and the last one in 2018.
With each arrest, the trial would start anew, with the defense recalling victims and witnesses provided by the prosecution to testify.
The Struggle Of The Survivors
“According to the legal system, the person accused is entitled to be present in court while witnesses are giving their statements, and the defense is allowed to question them,” Mr. Rathore clarified. This situation placed the survivors in a distressing scenario of having to recount their suffering repeatedly.
Mr. Rathore remembered the numerous times survivors, now in their 40s and 50s, would shout at the judge, demanding an explanation for their return to court years after the assault. As the years went by, the police encountered difficulties in locating witnesses. “Many were reluctant to get involved in the case as their lives had progressed,” Mr. Rathore noted.
Even now, one of the defendants has fled. Should he be apprehended, or if the other defendant appeals the decision in a higher court, the survivors and witnesses will be summoned once more.
Sushma – among the three survivors whose accounts were crucial in securing the convictions of the six defendants – mentioned that she had been interviewed by the media about her experience because she believed in the truth of her story. “I have never altered my account. I was young and naive when these individuals committed these acts against me. They took everything from me. I have nothing left to lose now,” she stated.
