Friday, February 1, 2013

Suryanelli case....justice delayed and denied


I am writing this because I feel this issue needs publicity. People must know their leaders.This kind of cruelty cannot be tolerated in a persons life. This article is not a political opinion or I am not politicising the issue in any way. I am writing what I feel. I am just saying what I think is right.

A 16 year old girl brutally raped by many persons for more than 40 days from (January 16th to February 26th, 1996)..the girl identified 36 persons..police prepared charge sheet in which 35 of those were listed as accused...one Mr. PJ was let off by the police.. coincidentally he is Deputy chairman of Rajyasabha currently..This gentleman ,who was a Central Cabinet Minister when this atrocious act took place, was coincidentally in Kerala..and he coincidentally refused security and police escort for one whole day during his visit...this day coincidentally comes  between Jan 16th and Feb 26th. But our gentleman has got an alibi for that day. According to Mr PJ, he was with Mr. Sukumaran Nair, President of Nair Service Society(NSS), at NSS headquarters and the same has been confirmed by Mr. Sukumaran Nair. NSS is basically a Hindu majority communal organisation who "supposedly" controls the Nair Community vote bank. Coincidentally, in the current political war of words going on between NSS and Congress, the lone Congressmen to defend NSS strongly is Mr. PJ, a Christian. Now there is communal harmony at its best!!!!
Nobody else has seen Mr. PJ( so far!!) with Mr. Nair on that date. For the police , it was Mr. Nair's word versus the victim's word, the police decided to trust Mr. Nair's word on Mr. PJ.

On September 6, 2000, the Special Court sentenced 35 persons to rigorous imprisonment for varying terms. The first accused, conductor Raju (who lured the victim into trap faking love) and second accused, Usha, were sentenced to 13 years of rigorous imprisonment with fine and an additional jail term of four years on different counts. Four of the other accused were let off. Two others, including the key accused, advocate S.S. Dharmarajan, were absconding during the first phase of the trial. Then came a shocking reversal of Special court decision by the Kerala High court. In its ruling, HC even went to the extent of saying that the there was no rape and the sexual intercourses happend where consensual. HC also remarked that the girl could have shouted and made noise to attract people and she even had the ample period of 40 days to escape.If assuming consensual(regretfully assuming), isn't underage sex considered as a statutory rape even if its consensual?.Well...HC didn't think so. 

The victim and her family was forced to shift home fearing ostracism and they decided to lead an anonymous life.She now works as a State Govt. servant in Changanacherry( coincidentally the same place where NSS headquarters is situated). She was accused of financial irregularity of  more than Rs 2 lakhs by her superiors recently and she was advised by the superiors to pay off these amounts else she would face action.  She had to pawn all her jewellery and life savings to pay back the amount. Still they didnt spare her. She was given a punishment transfer. Coincidentally all these allegation of financial irregularity came up few months before her case was coming up for hearing in Supreme Court. For me, all these coincidences point to one logical direction. 

On Jan 31 2013 The Supreme Court set aside the Kerala High Court’s order and sent the case back to the High Court for taking a fresh look at it. Even the Supreme Court rightly remarked HC verdict as "shocking". It took 8 long years for the SC to just take up this case. When will this case end?. When will the victim finally get justice?.

She is fighting the case for the past 17 years. All the odds have been against her. The Judiciary,Police, Politicians, her  Superior officers etc. Her fight continues even after realising the bitter fact that a favorable verdict wont change anything happened to her. " I am alive ,not because I want to, its because I am afraid to die", she said. You, me and everyone else will forget everything about her and move on with our lives after few days. That is our society now. That is who we are .She is saying to the same society ,with tearful eyes,that she is still fighting because she doesn't want this to happen to another girl.

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