PUCL Bulletin, April 2001
Case Study
of a Rape Victim: Forced to Withdraw the Complaint
By Sudha Ramalingam
It is common knowledge that women who are subject to sexual harassment are looked
upon not as a victim but as an abettor, if not perpetrator, of the crime. This
is truer in case of a rape victim. It is still more so if the rapist belongs
to any power lobby. Here I am narrating a true story of a rape victim and the
manifold problems she, and the organizations that helped her fight for justice,
faced even while fighting a losing battle.
Though the rape victim that I am writing about has even given interviews on
the T.V. and newspapers, I am not giving her true name or that of the rapist
as she has withdrawn her complaint as on date.
Puja (fictitious name) was employed as a postgraduate teacher in a State Govt.
School for handicapped children. She first entered service in the year 1975
as a Secondary Grade Head Mistress. Even while being employed she had enhanced
her educational qualification through correspondence courses and had acquired
M.A., B.Ed., SDTT (Senior Diploma in Teaching the Deaf) degrees / diplomas.
Due to the above said qualifications she was promoted from Secondary Grade to
Post-Graduate Assistant Grade in the year 1997 and posted in the Government
School for the Deaf in another district. But the State, under a mistaken impression
that she had not done SDTT, demoted her back to Secondary Grade and posted in
the Government School for the Deaf in yet another district. She hence moved
against the said demotion in the Tamil Nadu Administrative Tribunal.
Puja was thereafter posted as the Head Mistress of Government Middle School
for the Deaf in Pudukottai and thereafter transferred to the Government Middle
School for the Deaf in Virudhunagar in June 1999. There, as she took stringent
action against some erring personnel and tried to bring about reforms in the
institution, false complaints were given against her and was suspended without
enquiry in November1999. After her representations and due enquiry, her suspension
was revoked in January 2000 and she was also once again promoted as Post Graduate
Assistant and posted in Dharmapuri. From there she was transferred to Tanjore
on 9.2.2000.
Throughout her career as a teacher she had been a very hard worker doing her
job with a sense of dedication and devotion. On her taking charge at Tanjore,
she found that the Department had not supplied textbooks to students in plus
one. She also had certain official grievances to be solved, such as the non-fixation
of her pay as per sixth pay commission. She was only drawing Rs.1,850/- basic.
Her salary for January and February 2000 were not disbursed due to the inadequacy
of lack of signature in the LPC (Last Pay Certificate) sent from Dharmapuri.
Her General Provident Fund advance for Rs.18,000/-, which was sanctioned, was
lying in Virudhunagar and was not sent to Tanjore. For the redressal of the
above said grievances she went to the Directorate of the Disabled and Rehabilitation
at Chennai to meet the Commissioner and seek redressal for the above on 10th
March 2000.
The Commissioner of the said Directorate is an officer belonging to the I.A.S.
cadre. Puja met him on the 10th of March in the office of the said department
at Chennai officially. After favourably disposing of all her requests, he started
discussing about her family matters. It is pertinent here to submit that Puja
had married a colleague of hers. It was a love marriage. Her husband belongs
to the Scheduled Caste. She belongs to the Chettiyar caste. They have three
children born out of the wedlock. The first son is doing his MBBS (IV YEAR)
in the Stanley Medical College at Chennai, second daughter is doing her B.Sc.
Agriculture (II year) in Coimbatore while the third daughter is doing her higher
secondary course. But due to certain differences Puja has been separated from
her husband for the last three years. They both work in the same department.
Her husband too is a teacher in the Government School for the Deaf in Erode.
As her husband and herself belong to the same department many in the department
knew about their separation. The Commissioner also knew about their separation.
Further, the Commissioner also belonged to the S.C. community.
On 10th March 2000, when Puja met the Commissioner he was very kind, sympathetic
and called his assistant and made her type out all necessary papers for her.
He even made STD calls to Tanjore, Virudhunagar and Dharmapuri for redressal
of her grievances. Her transfer order from Dharmapuri to Tanjore was originally
signed by the Asst. Director. In order to avoid further delay and facilitate
her to get her salary he even re-constructed her transfer order with his signatures
ante-dating the same.
After completing the above official formalities, the Commissioner started enquiring
about Puja's family affairs. He also assured to further redress her grievances.
Since the next day was a Saturday and a holiday, he said that he would be visiting
the Anjaneyar temple at Alwarpet by 11 a.m. He asked Puja to meet him there.
On March 11th, the Commissioner came in his car to the Anjaneyar Temple at about
11.45 a.m. He asked her to get into his car. She also got in unsuspectingly.
The car stopped at a house. The Commissioner asked her to come into the house
so that he could listen to her problems so as to be able to suggest remedies
for further action. Initially the Commissioner spoke very considerately and
enquired in detail about her personal problems. He was only advising her generally.
But slowly he started taking alcohol and also switched on a blue film in the
T.V. Shocked by such unexpected and unbecoming behaviour of his, she tried to
escape, but she was brutally pulled and assaulted, dragged, and unlawfully confined
in the said room. The Commissioner thereafter immobilized her and raped her
repeatedly 4 times. He also bit her brutally in her breast causing injury. Later,
by about 7.30 p.m. she was dropped in an auto stand and warned of dire consequences
if she chose to disclose about the assault and rape to anybody. Dazed and traumatised,
she weakly retired to her local relative's residence at Alwar Thiru Nagar but
however did not disclose anything for fear of retribution as also due to deep
sense of shame she felt due to the rape and sexual assault on her person. Unable
to bear the pain and sickness caused by the lacerations on her breast caused
by the biting, she went to a local doctor named Dr. G.S. Lakshmi on the 12th
March. She administered some antibiotics and anti tetanus injection. This brought
Puja temporary relief upon which she went back to Tanjore. She however hesitated
to tell anyone out of fear and shame and suffered in silence. But her agony
was not to end and in fact worsened. She realized that her vaginal region was
badly mutilated and infected. It became septic, with pus oozing. She suffered
severe pain even to pass urine.
Puja consulted Dr. Tirupurasundari in Thanjavur on 17th March. She administered
a course of medication and treatment. Even though this only brought her marginal
relief, the whole episode and further severe pain with running temperature made
her feel as if she would die. This nearness to death / suffering emboldened
her to take this up as an issue to bring to book the culprit so that no more
helpless women would suffer such atrocity or a similar fate at the hands of
people like the Commissioner.
On 20th of March, Puja met the Superintendent of Police of Tanjavur (hereinafter
referred to as SP) at Thanjavur in person and preferred a written complaint
about the said rape committed by the Commissioner. He received her complaint
and listened to her and told her to meet the Deputy Inspector General of Police,
Tanjore as he was his superior officer and the complaint was a serious one pertaining
to a highly placed officer of the I.A.S. cadre. Puja immediately met him and
gave him a copy of the said written complaint preferred to the SP. The DIG also
received the said complaint and listened to her with sympathy. But he told her
that as the incidents took place at Chennai, there was no jurisdiction for him
to act on the complaint and so advised Puja to go and meet the Commissioner
of Police (hereinafter referred to as COP) at Chennai. Hence, on his advice,
Puja went to Chennai on 21st of March, met the COP and lodged a written complaint
with him. The COP read the said complaint, spoke to her sympathetically, marked
a few portions of her complaint and gave it back to her and asked her to meet
the Joint Commissioner at his office situated in the first floor of the same
building. Puja, immediately met the Joint Commissioner. He too read the same
complaint and made a few preliminary enquiries and asked her to go to the All
Women's Police Station at Adayar and meet the Deputy Commissioner there.
Puja was perplexed at the plight of being tossed from one officer to the other.
She hence went and met a reporter in Junior Vikatan, a Tamil News Weekly, doing
investigative journalism. He directed her to take the aid of the All India Democratic
Women's Association (herein after referred to as AIDWA). She immediately went
to the AIDWA and from AIDWA proceeded to the Adayar All Women Police Station.
There the Asst. Commissioner, Ms. Jaya Gowri, enquired from her till late that
evening. Ms. Jaya Gowri even took her to Abayanilayam (Government Reception
Home) to lodge her for that night. As AIDWA had made arrangements with Sahadori
(a short stay home for women in distress) of YWCA for her stay she requested
that she be allowed to stay there and so she was allowed to stay at YWCA.
It was quite inexplicable that even though the Asst. Commissioner of Police
questioned her for a long time, she did not even fulfill the minimum requirement
of sending Puja for a medical examination and treatment.
On 23rd March Puja suffered acute pain while trying to pass urine, so the activists
in the YWCA took her first to a private doctor. Even on seeing the injuries
in her private parts the doctor said that since it appeared to be a case of
rape and therefore a medico legal case, it was advisable to take Puja to a Government
Hospital for treatment. Puja was therefore taken to the Kilpauk Medical College
Hospital. There the duty officer said that as it was a criminal case of rape,
she had to be brought only by the police with a memo and so refused to treat
her. By then it was evening. Not knowing what to do next, she was taken back
to the hostel.
The following day, i.e. on 24th March, Puja was taken to the office of the AIDWA.
The activists there, got in touch with the COP by phone. He said that he will
ask the Asst. Commissioner, Ms. Jaya Gowri to come to the Thousand Lights Police
Station and that Puja could take her help. Despite waiting for several hours
Ms. Jaya Gowri did not come to the AWPS. As Puja was visibly suffering from
pain due to the injuries and retention of urine for the last 24 hours, the AIDWA
activists telephonically contacted the AWPS, Adyar. Since Ms. Jaya Gowri could
not be traced, and she was the Investigation Officer in the case, no other police
personnel could give a Memo to the Hospital to enable Puja to be admitted in
a hospital. When the AIDWA activists enquired about what remedial action to
take for immediate medical attention, they were advised by a police official
of the AWPS, Adyar who was responding to the call to take Puja to the nearby
Kasturbai Gandhi Government Hospital for Women and Children (henceforth described
as Kasturbai Hospital) and get her admitted for continued urine retention. Puja
was immediately taken to Kasturbai Hospital and admitted on 24th March 2000
with the complaint for retention of urine for over 24 hours.
Soon after admission Puja told the Duty Doctor about the rape committed on her
by the Commissioner. From then on the hospital authorities kept Puja in isolation,
almost like a prisoner. She was denied permission to meet even the AIDWA activists
/ leaders who had helped her till then. She was not told about the nature of
treatment given or the tests conducted on her. All the 24 hours policewomen
in uniform guarded her. She was not allowed to talk to anyone except the duty
doctor and staff. She was permitted to meet the AIDWA activists and the press
for brief intervals only after AIDWA activists fought for such permission during
visiting hours. Such permission was given only twice. Her discharge certificate
too does not reveal the nature of treatment given in detail.
Puja was discharged on 6.4.2000. Yet till date she has been kept in the dark
about the medical treatment given and the tests done on her. Puja was even taken
to the Government General Hospital while she was an in-patient for some tests.
But she has not been made aware of what was the test / treatment done except
that she was subjected to severe pain during such investigation by doctors.
Till the date of the rape committed on her by the Commissioner Puja has not
suffered any ailment pertaining to her reproductive organs or even suffered
urinary infection.
Even when Puja was an in-patient in the Kasturbai Hospital, the police took
her to the Judicial Magistrate's Court at Saidapet. There the IX Metropolitan
Magistrate recorded her statement in detail u/s 164 Cr.P.C. It needs to be stressed
that she had given complaints six times to various police officials at both
Chennai and Thanjavur, including the statement before the Magistrate. In all
of them Puja had made it clear that she bore no ill will or vindictive attitude
against the Commissioner. Her allegations have been consistent all through.
Yet no concrete action had been taken against the Commissioner, who has been
allowed by the police officials to remain free thereby enabling him to tamper
with the evidence and influence the investigation.
Puja heard the Commissioner addressing his car driver as Mural. The driver knew
the incidents as he drove the car in which the Commissioner took her to the
house. He was waiting outside and had also dropped Puja after the rape along
with the Commissioner who directed him to drive to another bus stop, to avoid
being dropped near the place of occurrence. The driver is thus a crucial witness
to the entire incident. But the driver had no role to play in the crime committed
on her by the Commissioner. Strangely, instead of securing evidence from him
as a witness, the prosecution had added him as an accused along with the Commissioner.
This was been done purposely to ensure that he would be disqualified from deposing
as a witness thereby compromising the prosecution case.
In this case the law was subverted for reasons best known to the police and
normal investigative procedures that ought to be followed in a heinous crime
like rape have not been followed. It is pertinent to state here that the Commissioner,
as a senior I.A.S., by not having been arrested immediately, has had all the
opportunities to manipulate the records and create alibi. Because of his high
position and connections no one dared to give true evidence against the Commissioner.
It also needs to be stressed that this has given him the opportunity to malign
Puja through press conferences and deliberate planting of information. It is
an unparalleled occasion when a person accused of committing a serious crime
has been given the liberty to use his position and power to escape from the
clutches of law.
As a matter of fact the Commissioner, with his bureaucratic clout, created an
alibi of a visit to Cuddalore about 180 k.m. from Chennai, for inspection of
a private deaf and dumb school on that fateful day in a private car. It is learnt
from reliable sources that the administrator of that school Mr. Thavaraj has
had and continues to have a close association and relationship with the Commissioner
and that explains the alibi.
Even though the complaint was preferred on 21st March 2000 to the Commissioner
of Police, and was also enquired by the Asst. Commissioner Ms. Jaya Gowri on
the very same day, the FIR was registered on 24.3.2000 as W-1 Crime No.9 of
2000. It says that Puja preferred the complaint on 24.3.2000 at 23.45 hours.
The FIR was registered against the Commissioner and the driver under Section
376 read with Section 109 I.P.C. Section 109 IPC pertains to punishment for
abetment. While Puja's complaint was only against the Commissioner and no one
else. The driver has been added as an afterthought, only to silence him from
providing valuable evidence through the ruse of adding section 109 IPC against
him. Further, the F.I.R. has also not included the offences of unlawful restraint,
assault, hurt etc. committed by the Commissioner. This had been done only to
help the Commissioner to dilute the prosecution case against him.
In spite of the serious nature of the crime the accused has not been arrested.
Even after obtaining Puja's statement on oath before the Judicial Magistrate
under Section 164 Cr.P.C., the police have treated her with contempt and suspicion.
In these circumstances as Puja and All India Democratic Women's Association
were doubtful about the impartial nature of police investigation and collection
of evidence in this case. They strongly felt that the Commissioner would throw
all his weight to scuttle it further. Hence they asked for the investigation
to be transferred from the local police to a more professional and specialised
investigating agency such as the CB-CID in view of the senior position occupied
by the accused. As a matter of fact the AIDWA even held a road roko and finally
got the investigation transferred to the CB-CID. I am of the view that unless
the investigation is handled by a senior level police official of the CB-CID,
higher in rank and seniority to the accused, investigations may not be free
from intimidation and influence by the accused.
After the transfer of the investigation to the CB-CID, once again Puja gave
her statement. The officers of CB-CID said that they are honestly investigating
into every aspect of the case. Puja had to rejoin duty at Tanjore. So she left
Chennai and went to Tanjore. When she gave a leave letter to her office the
same was not accepted as she was hospitalised in Chennai, the authorities wanted
her to get a letter of fitness certificate from the Kasthuri Bai Gandhi Hospital.
There the hospital authorities told her that as she did not avail leave because
of their medical advise they could not give a fitness certificate for rejoining!
So the AIDWA activists had to meet the Tamil Nadu Government's Secretary to
Health and use all the advocacy skills possible and get her a fitness certificate.
After rejoining duty at Tanjore, Puja used to be in touch with the AIDWA activists
regularly. She was all the while also telling that she was being pressurised
by the Commissioner's men and well-wishers to compromise and withdraw the complaint.
But she repeatedly said that she would not oblige. Even as all were awaiting
the arrest and remand of the Commissioner by the CB-CID, AIDWA came to know
from reliable sources that Puja had withdrawn her complaint. She is said to
have given a notarised affidavit stating that in view of her family circumstances
she is withdrawing her complaint and the investigation has been closed for want
of evidence!
In spite of the grit and determination showed by the victim Puja, the support
extended by an all India organization such as the AIDWA, the media which gave
wide publicity to the entire sequence of events, the Commissioner has wielded
his influence and managed to escape scot-free. Justice has been buried. No woman
will dare to give a police complaint if this is the fate of complaints with
such corroborative evidence. Puja is now not willing to talk to any one even
the AIDWA activists who helped her when she needed their help. It is understandable.
Complaint of rape, which is a cognizable offence, which cannot be compounded
or withdrawn, has been given a decent burial by the State in connivance with
the powers that be. She is a classic example to the saying that in cases where
women are the victim, the victim is more haunted than the accused.