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

"Whosoever is delighted in solitude is either a wild beast or a god."
— Aristotle

What happens if beast and human come together? When I saw this photograph, even before reading the article, I found immense beauty in it. Beauty, not courage, not adventure. We have seen divers, all dressed up and prepared to face sharks. In an older video, Christina gets real close, and the BBC commentary even talks about the sexual attraction, of mimicking a shark, of the shark being in a trance.

There are other questions that can be raised about interfering with nature, courting danger. And what happens were the shark to turn violent? Who is to blame? Would killing the shark that you have been embracing until now be deemed self-defence? Can it, if we rally extend the argument, be a crime of passion?

The article does not have answers. However, it describes the encounter:

At the 22-second mark, one man swims down and grabs the dorsal fin of the lemon shark. After riding it for several seconds, he does something truly shocking. He swings around to the bottom of the shark, gives it a bear hug and hangs on belly to belly. His head is precariously located just below the shark's mouth and he hangs on for several seconds before finally letting it go.

Before you watch this, let me ask Aristotle: Is it solitude when man and beast come together in what could be a spiritual (and a broad sense godly) experience?

Will Tarun Tejpal open a can of worms?

The manner in which the case of the editor who sexually exploited an intern is being played out one would imagine that people never had a low opinion of the media. From the looks of it, they expect the highest standards of propriety, chastity and morals from the news purveyors.

Tarun Tejpal, founder and editor of Tehelka, the investigative and sometimes controversial magazine, forced himself upon a young reporter from his office during the recent ThinkFest organised by the magazine. He wrote a letter to the managing editor; she, in turn, forwarded it to the rest of the staff with a short note.

Not noteworthy

The letter has been taken to the cleaners, and rightly so. But, let us pause and think. What could he have said? I am surprised he put anything on record at all. Why is nobody suggesting that perhaps he has been forced to by one or two of the many who are supposed to be sponsors or 'well-wishers' of Tehelka?

In the note, he does a promo for his mag. Let us look at it from the long-term perspective. He has to keep his best people around, and ensure that they are not affected by the scandal. It is part patriarch and mostly self-interest. The financial stakes are not to be sniffed at. His mention of a six-month leave is probably a face-saver. Or, perhaps, someone up there has provided some sort of guarantee?

Tejpal, of course, attempts to cover his tracks:

"It is tragic, therefore, that in a lapse of judgment I have hurt our own high principles. Because it involves Tehelka, and a sterling shared legacy, I feel atonement cannot be just words. I must do the penance that lacerates me."

This is all about him, and not a thought for the young woman, the daughter of his old colleague, his daughter's friend. However, the quibble over his use of terminology has revealed something: most have played right into it by getting moralistic themselves rather than treating his behaviour as a crime that needs to be tried legally.

Shoma Chaudhary in her letter to the Tehelka team has called it an "untoward incident". Again, much as this term is reductionist, did she have a choice if she had to forward a note? Could she go beyond the mandate, that too when she was to be in charge of the team?

On NDTV last night, she came across more strongly, and spoke about treating this case as sexual harassment at the workplace.

One needs to broadbase this, to include SH in other work-related environment too. Women journalists have to conduct interviews that are often not without the uncalled-for attention they receive. I am deliberately being euphemistic here, because adding to the sexual connotations just gives those looking for a high a talking point and little else.

Look, who's talking

This incident, like many others, has become about scoring over an opponent. Tehelka was supposedly a magazine with Congress leanings, so the opposition is quick to bring in references to Asaram Bapu and even the stalking by 'Sahib' in Gujarat, as though one evil cancels the other. Then there are competitors in the media, who have found a wonderful opportunity to pick holes at everything Tehelka has done, as though their own house is clean.

Should this incident be an example for exposing the media? Yes. But, if anybody thinks it is an isolated incident, then they are wrong. The assumption behind wanting such an exposé is that the public really did not believe such a thing was possible and the media was above-board. I doubt if it is naïveté. It seems more like the feigning of innocence so that they can now concentrate, rather lasciviously, on a case study.

However, can one entirely wipe out the work of many of its reporters only because of what their boss did, unknown to them? Now that they know, should they be punished for being part of the organisation?

The problem here has ceased to be about sexually abusive behaviour. Tejpal is the right candidate for pillorying. Brash, flashy, and sanctimonious. Even a letter written by an environmentalist made a mention of him and his red Pajero.

To be noted therefore: If a person in a position of power is not brash, flashy and does not have a red Pajero there is a better chance of his crime being less eyeball-grabbing. Tejpal had plans to start Prufrock, some sort of elite club. Where did he get the money, how can he do such elite things after claiming to stand up for investigative journalism...such questions are posed by those who seem clueless about the media, or think it better to go along with the flow.

The whole corporate structure works on barter, and as has happened often power is abused. It would not help to indulge in innuendo or even give random examples.

In some cases such abuse is passed off as consensual. This sort of consent is as forced as molestation. Besides media heads, there are the sponsors, the businessmen, traders, film stars, PR agents, and even colleagues that follow a pecking order. Women are used as bait, if not a straight honey trap. Go fly a kite if you did not know about this.

The Tehelka ThinkFest has been in the news regarding some of its sponsors. Again, I have an issue with all such fests because they only dumb down intellectual/literary exchange and compromise them at the altar of the highest bidder. For the critics to now use unconnected material from the past is sheer opportunism and will do nothing for the crime for which Tejpal must be tried.

Is anybody really interested in the victim or justice for her? Does it matter whether or not she covered cases of exploitation for the magazine? What if she wrote a gossip column or about fashion or sexy things — should we then judge her differently?

If anything, Tehelka was given a halo by the readers, mainly for its over-emphasis on sting operations that became trendy. Now, they are treating this as the story of the fallen hero.

Justice is not about self-righteous indignation.

© Farzana Versey

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Also read my 2003 essay (from an anthology on the media): When puppets hide behind pomposity

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Update on November 23

Although most people are in the loop of who said what, just to put on record what the girl said:

In her complaint to Tehelka Managing Editor Shoma Choudhary, the victim says, "It is extremely painful for me to write this email to you – I have struggled with finding an easier way to say it, but there isn’t one. The editor in chief of Tehelka, Tarun Tejpal, sexually assaulted me at Think on two occasions last week. From the very first moment, I wanted to call you, or find you and tell you what he had done to me – but given how absorbed you were at Think; preparing for and conducting sessions, and the fact that it was impossible for the two of us to get even a minute alone together, I could not. To add to this, I had to process the fact that it was Tarun who molested me — my father’s ex colleague and my best friend’s dad, and someone I had so deeply respected and admired for so many years."


“I hope you will also understand how traumatic and terrifying it has been for me to report this to you — and yet how critical it is that Tehelka constitute an anti sexual harassment cell as per the Vishakha guidelines immediately, to investigate this matter. At the very least, I will need a written apology from Mr Tejpal and an acknowledgement of the same to be circulated through the organization. It cannot be considered acceptable for him to treat a female employee in this way.”

And here is Shoma Chaudhary's statement

I no knot what to do...

"You know nothing about the business of writing," he told me.

Then came the details. How to get off. Get it off. Take off. Take it off. Book launches. Public relations. Publishers and their demands. Reviewers and their demands. Readers and their demands. The format. The cover. The pages. The typeface. The people to meet.

"What's happening with your book?" I asked him.

"I don't know."

I returned to my soggy half-finished sentence and patted it dry.

© Farzana Versey

The rape 'excuse'

Why has everything become about rape? The US ambassador to India, Nancy Powell, was asked why Americans did not come to India for studies. This was during her visit to an institute in Ranchi. She replied:

"The concern for personal security and perceived increased danger to women as a result of the rape cases was perhaps a factor in US students' decision regarding study in India."

First let us get this out of the way. How many Americans would want to study in India? The obvious answer is, few, if at all. And these few would opt for an off-beat course, not any mainstream field of study.

India is a good education option for young people from Africa and the Middle East. One does not see European, American or Australian students here, unless their parents belong to the diplomatic corps or have jobs in the many multinational companies that have set up offices. They have a choice in the American School or the more elite institutions run by business houses.

The latter are doing a good job, in fact, of preparing Indian students to qualify for further studies in the West. Many of them will probably stay on, unless they have big daddies at home who will keep the swivel chair ready for them.

Chances are that nobody will bother to ask them about the dangers of living in any of the countries overseas due to fear of racist attacks, of gun culture, of teen pregnancies, of date rape, or of any of the problems that the young citizens of those countries face.

Certainly, it is disturbing that women's security is treated with such disdain in India. There is relentless harassment of female western tourists at some places and there have been cases of sexual crimes against them.

But, Ms. Powell is being unfair in using rape as the reason for students staying away. Or she is just feeding on the relentless media blitz following the Delhi gangrape and the articles that have kept up the momentum?

I have stated this often that we are indulging in the worst possible form of reductionism by making rape into an exhibit and repeating every detail, thereby objectifying the victim.

Instead of grabbing every news item and airing it, giving the cops their 15 minutes of fame, the media could be more proactive. It is not only about how the world perceives us, but how this sort of coverage impacts on minds. I am repeating myself, but this is creating ghettos where women are told to be afraid at every step.

The implication here is as bad as 'she brought it upon herself'. Women are told that if they venture into certain places, they could be raped. What does this mean? Would it not make sense to ensure that those places are well-secured if we know about the danger there?

And it would really help if all those Indians writing stories for the western media would not try and replace the old exotica with this backward society narrative. For, it is only one part of the truth. Those who capitalise on it constitute the rest of the this truth. They are the progressive regressors who use rape as an adjective without even realising how demeaning that is.

© Farzana Versey

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This post is not to ignore the problems faced by women from outside, as you will see in this earlier piece: Can Indian men handle foreign women?

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Image (only for representation): Latitude News

Sunday ka Funda

"Everyone who enjoys thinks that the principal thing to the tree is the fruit, but in point of fact the principal thing to it is the seed. — Herein lies the difference between them that create and them that enjoy."

— Friedrich Nietzsche

While the seed is crucial, it would be foolish to believe anyone, I mean anyone, would want to enjoy seeds. Besides, those who sow seeds are not doing so only to create. They too wish to enjoy the fruits.

This could apply not just to real seeds, trees, fruits, but to any aspect of life. For me, especially, it is about creativity. An idea that remains an idea can suffocate. I need an outlet.

It is possible to also enjoy another's creation without necessarily knowing or wondering about the seed that gave it birth.

This afternoon for two hours I was enraptured with music that was in some ways alien, and in some familiar. Kenya is the land my Nani came from. I think about her every single day. Listening to this song just took me closer to her history. Another seed.

This is not the season for it, but 'Kothbiro' means "the rain is coming"...

Where honouring Sachin Tendulkar means securing popular vote

It is not about Sachin Tendulkar being honoured with the Bharat Ratna that is the issue. It is the timing, the manner in which the highest civilian award is handed out for a personal milestone. Sachin has played well for India, no doubt. But, why did the government not wait to confer this award? It seems now that it is a populist choice, almost as though bowing to public pressure and thereby scoring political points.

It is no secret that the Padma awards and Bharat Ratna too are driven by political considerations. At the run-up to the former, there is heavy lobbying. The lobbying for Sachin to get the Bharat Ratna has been in the public domain for a while now. I watched Lata Mangeshkat, who has taken on the role of advising on awards and political positions these days, root for Sachin on a TV show, as he played his last test match.

What exactly does such retirement mean, in days when the game offers so many options? Sachin, like many other cricketers, has used his position for commercial advantage. It is fair enough to say that he will continue to endorse products. Today's paper had this ad:

In wanting to pay tribute, it has inadvertently sent a message that here is the hero who has everything that you may not be able to aspire for, but at the very least you should have something to return to. There is something a little sad here.

On November 16, Sachin played his last match as people before him have done. His statistics are better, way better. His record as a 'clean cricketer' made him a middle-class icon. Here is the dichotomy, and to an extent it is a bit disturbing. Indian streets are full of gully cricket. There were people from humble origins who played successful innings.

Sachin came from a decent, educated background. Let us not for a moment forget that this would have had an impact on perception of him. He moved out of the literary enclave where he spent his childhood, he drove swishy cars, wore designer clothes, opened restaurants, was seen in the best company. Anybody else would have been seen in a different light. His persona did have something to do with it, but one cannot entirely ignore the middle-class propensity for accepting upward mobility and business acumen that does not come with any obvious taint.

This squishy image, bundled with achievement, has kept him safe from any slurs. Indians are cricket crazy. They think of Sachin as god. These are not streetside boys, but the educated. Those who can rub shoulders with the big people because now there is that little hope where smarts have replaced knowledge. The behaviour of his fans is no different from that of the bhakts of some politicians being built up as cult figures.

The cult of Sachin is in a different league with celebrities endorsing him. Should one have a quarrel with the honour for Tendulkar only because of this?

No. But, why does public sentiment not matter where it counts? The government comes out looking like it wanted the popular vote and decided to ride the crest.

There in the audience was Rahul Gandhi, sitting not in the VIP box, but with the spectators. There was Krishh Hritik Roshan, our version of Superman. There was Aamir Khan who has made his activist career with selective televised truth through 'Satyameva Jayate'. There was Nita Ambani, the owner of IPL team 'Mumbai Indians', who has already announced that Sachin will continue to play an important role. Another party at Antilla will soon be announced.

Tendulkar is the first sportsperson to be awarded the Bharat Ratna. This should make us feel ashamed over how the Indian government treats sports, and ought to make it obvious that this has nothing to do with love for sports. Yes, Sachin will get the facilities to run academies. Therefore, the highest civilian honour is like any popular award.

However, one must grant it to the authorities who made the final decision. They knew there would be suspicious minds, so they announced two recipients. The other one is Professor CNR Rao, the man behind India's maiden Mars mission. The papers have given him a footnote paragraph:

Prof CNR Rao is an eminent scientist and a well recognized international authority on solid state and materials chemistry. He has published over 1,400 research papers and 45 books.

Good move. Sachin fans can continue to hog the limelight because no one will be unduly bothered about Prof. Rao and the government can breathe easy it can fool most of the public that it has not been biased or opportunistic.

Yet, a maiden Mars mission? I suppose it is all about the confluence of planets and stars.

© Farzana Versey

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For those who came in late, Justice Markandeya Katju had been lobbying for Mirza Ghalib to be honoured with the Bharat Ratna. Read my take on that: Writers, Patrons and Politics

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Second image in collage is Sachin with Manjrekar, Vivek Razdan and journalist Shekhar Gupta in 1989 tour of Pakistan. I've used it before here...the lipstick boys.