Lone Battle

This article was carried in Tehelka (web edition) in 24th April 2010 issue.

http://emagazine.tehelka.com/tehelkaenglish/24042010/ShowText.aspx?pageid=3

The content of the piece is not available in web; but I am providing here the one I sent to Tehelka.

LONE BATTLE

A poor Dalit girl from Orissa is served long-overdue justice with the conviction of her rapists after a drawn-out legal case

Pradeep Baisakh

 

Justice delayed but not denied for Sunita Deep (name changed), a poor dalit woman from Bolangir district of Odisha, who had been fighting a seven year long legal battle in Additional Metropolitan Sessions Judge Court and Additional District and Sessions Judge Court in Ranga Reddy district of Andhra Pradesh against his rapist who was finally convicted for ten years of rigorous imprisonment. Thanks to the courage of Sunita, now married, who defied all restrictions imposed by her in laws and displayed the audacity to face the possible ostracisation of the society by travelling to the court in Andhra Pradesh to record her statement in camera. The language barrier (Sunita could speak odia language only, not english or telugu), the game plan of the defence lawyer to defer the dates of hearing and the visible apathy of the Public Prosecutor to argue the case for the victim proved futile before the determination of the Sunita accompanied by sustained endeavour of some social activists and organisations.

Sunita Deep, about 15 to16 years (as the medical examination report suggested) had gone in 2002 after Dussehra along with her parents and elder brother to work in the brick kiln in Kowkur area of Bharat Nagar in Ranga Reddy district by taking some advance money from a middleman. They, along with some people from their area, worked in the brick kiln of the accused Feroz Khan and brother Ayub Khan. In august 2003, by when all the labourers should have come back to their native after finishing their work, were instead kept in captivity by the owners by force. Three minor girls (one from dalit and other two from tribal communities) were allegedly regularly raped by the Khan brothers and a labour contractor Sanju Sagareya. Some of the captive labourers some how managed to flee and reported the issue back in their home district in Odisha. Local and national media carried the story, following which some social activists from Bolangir district rushed to Bharat Nagar and contacted a voluntary organisation-Action Aid for help. Matter was reported to the Cybderabad Police Commissionrate and the Alwal police released all 83 labourers along with the three rape victims, arrested the Khan brothers and sent them to Judicial custody. Case of rape, cases under SC/ST (Prevention of Atrocities) Act 1989 and Bonded Labour (Abolition) Act 1976 were clamped by the police against the accused. Sources suggest, among the released was the mother of Pratima (name changed), one of the three rape victims, who had lost her mental balance due to inability to see the cruelty meted out to her daughter, 20 children, who were severely malnourished due to hard work and inadequate food intake and one differently-abled person.

Hearing of the case started after five years, toward the end of 2008. None of the girls initially were interested to go to give their statement before the court as all were married by then and had their own family and society. Only Sunita mustered the courage to go to Ranga Reddy district and record her statement. “I took high risk to go there and speak before the camera knowing fully well that if it comes to the knowledge of my in laws, they will simply throw me out of their home and my marriage might dissolve.” says Sunita. Hearing to all the parties- to the victim Sunita, to about a dozen of witness, key among whom are the elder brother of the Sunita, Sudhir Deep (name changed), Umi Daniel, Ms Soma Sundaray, both former staff of Action Aid and Jatin Patra, social activist and to the defence lawyer, Additional Dist and Sessions Judge Smt A Bharathi pronounced the judgment on 22nd January 2010 in favour of the victim. The owner of the kiln, Feroz Khan was found to be guilty of rape, wrongful restraint and criminal intimidation of Sunita under U/s 376, 341, & 506 of IPC and is convicted as per the provisions of U/s 235 (2) of CrPC and was handed down RI of ten years.

Not an easy victory

Traverse of justice in the case has not been smooth. “We got very scanty information about the place where all the people were kept bonded from the couple who escaped from there and came back to village. After reaching in Hyderabad, it took full three days to trace the exact location of the kiln” reminisces Jatin Patra who had gone there after reading the news papers in august 2003. Umi Daniel says “pushing such a case in other state where the victim physically does not stay is a very big challenge.” Sources suggest that even though the hearing of the case started toward the end of 2008, the witnesses did not receive any summons, though they were sent. The first summon they got was for the hearing in July 2009. The despatch of previous summons was suppressed somehow. The activists found it extremely difficult to convince victims and their in-laws to travel all the way to Andhra Pradesh for giving witness on such case which had become too irrelevant for them by then. The women were reluctant as such a move would rock the boat of their smooth married life. None of the women’ in laws however had any prior information of such happening nor was it disclosed to them during meeting by the activists. In final count, except Sunita, the other two victim women did not want to go and record statement; as a result the case became week. The younger Khan, Ayub, got scot free as he was sexually harassing Pratima who did not turn to give witness. In October 2009 when Sunita Deep and others arrived for giving witness, the date of hearing was deferred by six days due to some plea by the defence lawyer. These were some tricks adopted to discourage the victims and the witness. And finally, as Daniel points out “It was a clear case of bonded labour where these number of people were forced to stay in captivity; they were not paid their wages, not given sufficient food, physically beaten, treated cruelly, mentally and sexually harassed. But unfortunately the accused were not punished for this. Most of the people also belonged to SC and ST community. There also the accused were not convicted to have harassed people of these communities. So we have only one victory, not all”. Some felt that the Pubic Prosecutor should have done his home work more meticulously and could have given a tough fight in favour of the case.

High degree of vulnerability of the migrant workers

After the first incidence of rape, Sunita intimated to her uncle and aunt in the next morning, who were also working in the same kiln. Eventually the brother and father of Sunita came to know about it and tried to rescue her, but were beaten and Sunita was also beaten by the owners. Why are these people so helpless and vulnerable that they can do nothing when the daughter/ sister is raped right under their nose? Bolangir and other western Odisha districts constitute the part of ill famous KBK area of Odisha which is marked by high incidence of poverty and food insecurity. are highly backward. Western Odisha is characterised by regular drought which makes agriculture unsustainable. To cope up with low level of income and consequent food insecurity people form there, particularly from Bolangir district, have been seasonally migrating to Hyderabad to work in brick kilns for last about thirty five years. The transportation of labour takes place through an established system of middle men (Khatadars or Sradars). Yearly about 2 lakh labourers migrate to from Western Odisha to Andhra Pradesh to work in brick kilns (Action Aid 2005). Even tough Inter State Migrant Workmen’s Act 1979 provided for legal movement of these inter state workers, in reality most of these are illegally done. The system of advance payment makes them de facto bonded labourer to their employer. As there is no effective mechanism for their protection in foreign land they become vulnerable and exploited severally in terms of long working hours, less wage payment, physical and mental torture and finally sexual harassment. The language barrier also contributes its part to the vulnerability. Even through sexual abuse of young girls and women in the brick kilns in Andhra Pradesh is an open secret, the conviction in Sunita’s case is probably one case where justice has been done to the victim. Though there are many other reported and unreported cases of sexual abuse, some of which are captured in a documentary film “Wealth Amidst Dust” made by Action Aid International and American Foundation of India and directed by documentary film maker - ‘Vishy’, but the victims got no justice…

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The author is a Freelance Journalist from Bhubaneswar. He can be reached at 2006pradeep@gmail.com