"The law is hardly a deterrent," says Bal, for that's been her experience in the seven years of Angaja Foundation. Angaja, her ngo, has been working with victims and families of child rape. "In one case, the judge didn't even look at the incriminating medical reports before acquitting the accused as there were no witnesses. The fault lies with our Evidence Act that gives supreme importance to the evidence provided by witnesses," says Bal who left her "glamour journalism" at Magna Publications' Savvy-Society monthlies to address this insensate offshoot of the justice system.
Though these revolting instances abound, their age-defying etiology is often ignored-rape is generally recognised as a crime of violence and it is so assumed in cases involving children. Like the case involving four-year-old Anuradha, whose mother's drunken paramours took the child to their house and assaulted her with iron rods. The two then proceeded to rape her unconscious body. Anuradha didn't live to identify her assaulters. Her mother did the needful but the case dragged on for lack of an eye-witness.
It was Angaja which traced and helped bring the witness to court, following which the two accused received death and life sentences. But convictions are rare. After seven years and 100-odd cases the acquittal rate, say Bal and her colleagues, is appallingly high. "Often the accused happens to be the victim's father, the victim and her mother are forced to deny the incident in court," says Bal. Then there's the usual counsel offered by people: to let bygones be bygones. Many victims do retract, but sometimes Bal and her colleagues make sure it doesn't happen.
Bal usually picks up cases from tiny, single-column 'reports' in newspapers. Then, she and her staff do the rounds: police stations to 'procure' firs, medical reports and statements; meeting the victim and her family; providing counselling; following the progress of cases; meeting disinterested public prosecutors; attending hearings. Bribes are normal as the court machinery seldom operates without the lure of money. Even the especially-appointed Mahila courts aren't sensitive enough to child rape victims. "Once, a 70-year-old man was given a mere three years (section 376 of the ipc prescribes a minimum seven-year sentence) for sexually assaulting a five-year-old. The lady additional sessions judge's contention was the man did not have very long to live anyway," says Bala.
It's heart-breaking work but Bala and her staff of 11 field workers soldier on. "Getting justice is just a small part of what we do. Our main aim is to provide counselling to the traumatised child," says she. Suicides are not rare as often it's a relative or a neighbour who violates the child's trust. That's where counselling and rehabilitation come in. "We need new laws for child rape. The existing sections of the ipc-375 and 376-have no special provision for children," says Bal. Rapes of girls as young as nine months make news but the outrage seldom lasts the length of the legal process. But that's where Angaja Foundation tries to step in. Their address: A-7 Amrit Nagar, ndse Part I, New Delhi-03; phone: 4617414, 4692612; Fax: 4616717; e-mail: orchid23@bol.net.in
