Tribal women claiming rape by Salwa Judum men in Chhattisgarh put a question mark on the NHRC, which rejected their testimonies.
AJIT SAHI Editor-at-Large
In the Indian setting, refusal to act on the testimony of the victim of sexual assault in the absence of corroboration as a rule is adding insult to injury. A girl or a woman in the tradition- bound non-permissive society of India would be extremely reluctant even to admit that any incident that is likely to reflect on her chastity had ever occurred… [A rape victim’s testimony] does not require corroboration from any other evidence, including the evidence of a doctor. — Supreme Court justices Arijit Pasayat and P Sathasivam, July 2008
FOR DECADES, the Supreme Court of India has cleaved to a rigorous legal standard in cases of rape: the testimony of the victim is enough evidence to launch the prosecution of the accused. Successive judgments over the years have reinforced this position. Thousands of convictions of alleged rapists have been effectively obtained on the basis of victims’ testimonies, with no corroborative evidence sought or offered. Often, the courts have overlooked minor discrepancies in the victims’ accounts, if the main narrative holds up.
Jurists and social commentators in India have long argued that, apart from being a most heinous crime against a woman’s person, her rape doubly curses her in the Indian society by imparting her a stigma that no other crime matches. That is why criminal investigation processes that the police must follow, as well as the judicial procedures prescribed when charges of rape arise, are unambiguous. This is best illustrated in the case of Hindi film actor Shiney Ahuja, who was arrested last month in Mumbai when his maidservant accused him of raping her. Ahuja has been denied bail, and rightly so, for his right to seek justice shall arise at the trial and not before or outside it.
Tehelka for more