No end to justice: The Aarushi-Hemraj murder verdict

The verdict is out. But this is only another beginning. Rajesh and Nupur Talwar, parents of 14-year-old Aarushi have been pronounced guilty of her murder and that of their domestic help, Hemraj, in the early hours of May 16, 2008. There is also the charge of destroying evidence and filing a false FIR.

They issued a statement saying they will fight for justice. For themselves. Aarushi, even in death, was treated with disdain. Every bit of her for public consumption. No one was concerned about her reputation. Dead people don't have reputations. No one was concerned about Hemraj. I include myself in this group of people who treated his death cursorily.

This is what the death of the poor mean. What is even more astonishing is that after the verdict, there is sadness. People have short memories. The media that enjoyed the spectacle of conjecture now talks about probity. The media that sensationalised the case now thinks in terms of giving respectful space and not judging. Who were they to judge, to begin with? But not only did they judge, they decided on the 'turn of events'. Reporters were posted in Noida and acted as detectives. The change was quite evident.

I have written quite a bit about the case and following are excerpts.

June 2, 2008

Her father Dr. Rajesh Talwar is under suspicion for having killed her and their servant because he found them in a compromising position; other reports suggest that the girl knew about her father’s extra-marital affair. Whatever it is, I do find it surprising that the mother, Nupur, is appearing on several television channels to save her husband. She should be in the lawyer’s offices, with the police. Not giving sound bytes to the cameras. I am afraid I feel no sympathy for her when I watch her. Besides, they say she was in the house when the murders took place.

[I mentioned today that she was on TV a day after the murder. There were cameras covering this, so I did think in terms of a soundbite. Now, it appears she gave an interview to NDTV a week later. Apparently, that is fine. Also, I am told to remember that she was "stoic". That is not the point. It is whether you want justice for your daughter or for your husband and yourself?]

Now comes the part about the media. Aaj Tak channel had a story in the initial days titled, “Papa yeh tu ne kya kiya?” (Papa, what have you done?) What is this? Some soap opera? And when the mother was mentioned they played the track of the song “Maa…tu sab jaanti hai…” from the film Taare Zameen Par.

July 13, 2008

Criticising the UP police once again for their alleged irresponsible handling of the Aarushi murder case, Union minister for women and child development Renuka Choudhary said that the family should sue the police. “The family should sue the state police and those responsible for bungling the case must be suspended,’’ she said.

This isn’t mere concern about how the case was handled and the character assassination of Aarushi’s father Dr. Rajesh Talwar. It is about party politics.

This is a way to make the Mayawati government accountable.

It is true the police was most shabby in how they went about getting evidence, but why did the Talwars not mention their compounder Krishna’s name right then? Now he is the prime suspect. The question also remains as to where the parents were when the murder took place and how soon did they inform the police.

And just for the information of the minister, it wasn’t merely the cops who tarnished Aarushi’s name; the media went haywire. There was no need to report all that and no need to show all those teachers and students certifying the girl’s reputation. All this only draws attention to something that may be untrue but gives enough scope for rumours.

Dec 30, 2010

The CBI can’t solve a case. Aarushi... has left enough traces. But those traces do not seem to find their way to the source.

The Central Bureau of Investigation came into the picture soon after the Noida police made no headway. Perhaps, the entry of the CBI was the big mistake. Big people need big people to get mouths shut.

They found the weapon, they have a reasonable motive – “immediate provocation”, they know of missing files and the swapped vaginal swab, they know that someone was tampering with evidence. Then, why is it so difficult to find out who and why?

It is impossible that the findings reveal absolutely nothing. What did the DNA sample show? What did the brain-mapping reveal? Who cleared the room before the police came in? It need not be one person. These are people in different places doing different things. Who was calling the shots? And why?

Instead, the CBI has washed its hands of the case:

“The agency has filed a final report for the closure of the case on grounds of insufficient evidence in the competent court.”

It has been only two and a half years. There are cases that are pending for decades. I would like to see what Aarushi’s parents do next. It must surely be tough on them to have a daughter raped and murdered in the next room and the place cleaned up while they were around just a few metres away, isn’t it? They should file a case against the Noida police and the CBI and the hospital authorities for shirking their duty and making a mockery of justice.

They have the power, being educated and relatively better-off than many who do not have the means. Let this be a fight for the silent Aarushis and the silenced ones.

I don't know what to add except that there are silenced Hemrajs too.

There cannot be closure for facts change over a period of time because perceptions of them do.

Sunday ka Funda

"The kindness I have longest remembered has been of this sort, the sort unsaid; so far behind the speaker's lips that almost it already lay in my heart. It did not have far to go to be communicated."

- Henry Thoreau

But some silences are helpless, forced by nature. The striving to communicate becomes a cry.
Watch this truly touching Thai commercial for life insurance:

 

N.D.Tiwari's Fatherhood

It's blaring everywhere. One would think that N.D.Tiwari has been declared the Father of the Nation. Yes, the DNA test has proved that he is the biological parent of Rohit Shekhar.

This was a personal matter. But, now the Congress will be shamed and the opposition will use it. It's a small step from sperm 'bank' to vote bank.

My views on the subject are not in keeping with either prevalent morality or sanctimonious sympathy. Rohit Shekhar is no underdog.

Earlier he said that he was not illegimate, it was Tiwari who was. Fair enough.

Now, after the judgement, he declares, "I am not illegimate. I have a father."

He has a mother, too, and a step father who his mother was married to when she conceived him with Mr. Tiwari. Let us not talk about morality.

If Rohit Shekhar wanted legitimacy, then a public spectacle was not the best route to take. However, typically, expect the media to shreak and shed tears about justice at last. TRPs will get a rise. India shagging.

- - -

For a detailed look, my previous piece:

Sons and Lovers: N D Tiwari's DNA

Young love on a leash?

When I read the media quoting activists, especially on the issue of teenage sexuality, I think there is often too much effort in an attempt to sound ‘progressive’. The latest is a ‘regressive’ law:

Under the special law proposed in the freshly revised "Protection of Children From Sexual Offences Bill”, no person below 18 years will have the legal capability to give consent for engaging in any kind of sexual activity. This flies in the face of the general law, Indian Penal Code (IPC), which recognizes 16 as the age of consent for girls.

The Bill in its original form, as introduced last year in Parliament, did not contain any such contradiction. In keeping with the definition of rape in Section 375 of IPC, the Bill, envisaging special safeguards for children, expressly said that where "penetrative sexual assault" is committed against "a child between 16 to 18 years of age, it shall be considered whether the consent for such act has been obtained against the will of the child or the consent has been obtained by use of violence, force ..."

I believe that many young people get into early sexual intimacy due to curiosity, peer pressure, not to speak about hormones. How consensual are these experiments, then? Young girls can be forced into consenting – with the promise of being part of an adventurous group, or of commitment.

The law has to only try and sound empathetic, but even then it had concentrated on “penetrative sexual assault”. Does deleting the clause make it tough on young love?

Madhu Kishwar, founder of Manushi, said:

“Do we want to start punishing young people for premarital sex? Do we want them to start wearing chastity belts? The authorities have gone overboard in removing the age of consent for those between 16 and 18, especially in a scenario where young people are getting sexually active at an early age. This is stupid and goes against the child.”

You refer to the person as a child and want the right of adults. Premarital sex can take place later, given the delayed marriage age among women. At 16, it is not a question of chastity belts but whether they can be responsible. Much of India still believes that sexual activity is also about emotional intimacy. Young people are not automatons. That is the reason we have abolished child marriage, which these activists agree is important to get rid of. Did society not insist that the age of marriage be raised to 18, and rightly so?

And may I ask how many of them would approve if their children were sexually active outside marriage at that young an age?

Is the problem only because the law would involve the parents should such a situation arise and bring them infamy?

Another comment is this:

“We know of instances where boys between 16 and 18 have been sent to jail for consensual sex with a girl. The new law is highly regressive and will result in an increase in such instances and also make it dangerous to engage in physical relationships. This, in turn, will lead to a rise in risky sexual behaviour. The health risks increase for girls, while boys will be threatened with jail. No gender will benefit.”

If indeed a regressive law will result in more such instances, then it could apply to so many other laws, and only proves that the youngsters are out to prove something, to rebel. As for risky sexual behaviour, the lack of knowledge is astounding. Among the people who are rounded up by the cops, the problem is due to use of public space. If the parents are so open-minded, would they leave the teenagers alone in the room at home? Do people, even adults, seek permission and ensure safe sex? Premarital pregnancies, abortion and misuse of pills are not age-restricted.

Psychiatrist Dr Harish Shetty is being facile:

“Age of sexual contact has gone down remarkably and the adult-child is a reality. It refutes the changing times and is a denial of the current reality. Taking away the provision of consent puts a heavy price on any attempt at sexual exploration by kids in their late teens. If a 19-year-old boy has sex with a 17-year-old girl, will you put him away in jail?"

Let us bring a current example in mind. A 14-year-old girl was murdered. Her parents are prime suspects because she was reportedly intimate with her servant. It is said it was a case of ‘honour killing’. They used every attempt to divert the attention of the cops; even got medical evidence changed. Would the law have intervened to put the boy in jail? Or would the parents have wanted to protect their name and do what reports have said they did?

There are far too many questions that we need to ask ourselves instead of pushing for a liberal agenda that might make young people more vulnerable to believe about rights in a superficial manner.

Shanta Sinha, chairperson of the National Commission for the Protection of Child Rights (NCPCR) believes:

“Penalizing such activities will only add to the confusion. The law can be used against both boys and girls. Anybody, from parents to neighbours, can complain to the authorities, who will, in turn, take action against the youngsters. As a result, something very natural will now become distorted, secretive and unacceptable. This will have consequences for how we organize our society and relations between boys and girls.”

How many rape cases are reported when the girl is underage? Do the parents bother? Are they not afraid of what society will say despite the girl being a victim? So, how can anyone say that people will complain? If we wish to empower our young, then it is by taking them into confidence. It is true that on paper the law criminalises sex before 18, but parents and neighbours have looked down on such acts without legal intervention. Girls, especially, are beaten up not only by cops but by their own families even if they are as much as seen with boys.

Real life is not chick lit or a Karan Johar film.

(c)Farzana Versey

Sex at 12?

Very soon, if the Bill is passed, Indian children will be permitted to have sex. I read this report a few days ago and am still trying to figure out what it means.

Twelve-year-old children may soon be legally permitted to have non-penetrative sex with children their age. That’s one of the proposals of a draft Protection of Children From Sexual Offences Bill, 2010, which has been sent to states by the ministry of women and child development for their views.

The Bill also seeks to introduce a gradation in the age of consensual non-penetrative sex (12-14 years and 14-16 years) against the existing age of consent for sex which is 16 years. It proposes that in case of the age group 12-14, the maximum age gap between partners should be two years. For the 14-16 group, the maximum gap should be three years.

What precisely qualifies as non-penetrative sex? Let me be clear: Is it restricted to vaginal or anal as well, given that with the legalisation of homosexuality sodomy is not a crime anymore? What is the reason for the reduction of age limit? How will it protect against sexual offences, when there are different forms of molestation that do not require penetration? What about oral sex? And soft child porn, which already has a huge market?

How will the authorities ascertain that it is consensual? Not many 12-year-olds are hooked on the internet and playing video games will blow-up dolls and preening guys. Imagine the consequences of children being subjected to a thorough physical ‘check-up’ in the school urinal or washroom. Will it change the norms of ragging? We will not even venture into such occurrences in small towns and villages.

The gap of two and three years will ensure that on paper there is no exploitation or paedophilia. But, an adult who has taken advantage of a youngster can well put the blame on a classmate of the victim or a neighbour or friend.

While a senior official of the ministry of women and child development confirmed that the Bill has been sent to state governments, law minister Veerappa Moily said he was not aware of it.

He had better wake up and not relegate his involvement to saying it is not right. For, these people have some silly ideas:

Aparna Bhat, an SC lawyer who was part of a National Commission for Protection of Child Rights group that drafted the latest bill said the gradation of age down to 12 years was to decriminalize sexual exploration by two children.

Under the existing law, if two 12-year-olds get physical and if one child’s parent complains, the other can be pulled up by the Juvenile Justice Board.

Sexual exploration? If they have attained puberty and are exposed to quite a bit of the stuff available, then they might progress beyond superficial exploration. It is ridiculous to assume that on the one hand there is talk of consent and then there is a mention about one child’s parent complaining. This can have vast social ramifications. How many kids will go and tell their parents they have agreed to have a doctor-doctor session with the girl/guy in school or down the road? If there is some bodily evidence or harm, then the complaint would be a matter of the parent taking over and crying foul even if it has been consensual.

We have a law against child marriage, even though such marriages made it mandatory for the children to reach a certain age before they could live together. This Bill is a regressive move under the garb of giving children the right to consent.

The minimum age in the US is between 16 and 18; in the UK, it is 16 and in Spain 13. We are truly starting young and putting the children, the future, on the block.