Hathras Rape Case: A Travesty of Justice

The Hathras rape case is a tragic incident that has exposed the lacunas in India's justice delivery system. The incident happened on 14th September 2020 when a 19-year-old girl was allegedly raped and murdered by four men from the Thakur community. The victim's mother allegedly found her lying in a pool of blood with her tongue cut off. The police initially dithered in registering the FIR, and the victim was later referred to JNPC Hospital, Aligarh. The victim passed away on 29th September, and the UP Police furtively cremated the body without the family's consent, leading to widespread protests. The case gained attention when it was raised by the Bhim Army, and its leader Chandrashekhar Azad personally visited the victim's family in Hathras district.

The case gained political attention, and political parties and organizations made a beeline for the victim's home to express sympathy and protest against the Chief Minister Yogi Adityanath. The state government tried to control the damage, and the family faced pressure and intimidation as the upper-caste groups mobilized support for the accused. The media's sympathy for the victim proved evanescent as it tried to suggest that the victim and the accused were in a relationship, and the family resorted to honor killing.

After the cremation was done, the case started gaining nationwide momentum, with people demanding justice for the victim and questioning the UP government and administration’s intentions.The UP government set up a Special Investigation Team (SIT) to look into the case. Prime Minister Narendra Modi spoke to Uttar Pradesh chief minister Yogi Adityanath asking him to ensure speedier justice. Adityanath spoke to the family members of the victim via video conferencing. The state government announced ex-gratia compensation of Rs 25 lakh, a house and a government job to kin of the deceased.

The Uttar Pradesh government also filed an affidavit at the Supreme Court on the Hathras case, justifying the state police’s decision to cremate the body of the victim at 2:30 am “to avoid large-scale violence” the next morning. The UP government also said that the decision was taken on the basis of intelligence inputs.

CBI investigation & the verdict

The CBI took over the case on 11th October 2020, and in December, it filed a 2000-page chargesheet, invoking 376-D (gang rape) and 302 (murder) and charging the accused under the SC/ST (Prevention of Atrocities) Act. The CBI presented 104 witnesses

The case dragged on for more than two years, and recently , on 2nd March 2023, three of the four accused were set free by the SC/ST court. The fourth accused, Sandeep Sisodia, was found guilty of culpable homicide not amounting to murder and under the SC/ST Act but not rape. He was fined Rs 50,000.

The court removed the charges of rape as the medical proof could not prove rape, and no traces of semen and blood were found. The court stated that the charges of rape were only brought up a week after the incident. Additionally, the medical evidence did not provide proof of rape.

The court observed that the injuries had been inflicted by one person and not many people, which was a putative reason for the acquittal of the three accused. The verdict has been criticized by the victim's family and social activists, who feel that justice has not been served.

Justice not delivered !

The verdict has drawn criticism from the victim's family and social activists. The victim's brother expressed his disappointment, stating, "The whole world saw what happened to my sister." Similarly, the victim's sister-in-law commented, "Only the upper castes have received justice. We have not yet immersed the victim's ashes in the Ganges. We will do so only when all four accused are held accountable."

According to Rooprekha Verma from Saanjhi Duniya, "The verdict is not satisfactory since the investigation and victim's statement have confirmed rape. Removing the charges of rape is not logical, and no person who seeks justice would be content with this verdict."

Vidya Gautam, the National President of Akhil Bhartiya Ambedkar Mahasabha, expressed disappointment with the verdict. According to Gautam, the fact that three out of the four accused were set free by the SC/ST court is a denial of justice to a Dalit girl. However, Gautam emphasized that they will not give up and will approach the High Court for justice. Gautam further added that they will fight until the end and hope that the High Court takes into account the observations made in the CBI chargesheet.