By Aziz A. Mubaraki,
The West Bengal government has a lot to answer in the Park Street rape case which was earlier ridiculed by it, but the CCTV footage from the hotel provided vital clues about the attack and showed the victim was indeed telling the truth. Unfortunately, the victim of the horrendous rape was first mocked by Madan Mitra, a minister who instead of offering help questioned the integrity and morality of the victim. Then the Chief Minister rubbished her complaint as a conspiracy to slander her government. But soon it turned out that the victim was telling the truth. The police later confirmed that the lady was indeed raped at gunpoint as she had claimed. The big issue now, is will the Mamata Banerjee government apologize for the disgrace this woman has been subjected to? Will the Mamata Banerjee government now apologize for victimizing the sufferer?
Although, the Hon’ble Supreme Court has very strong views on these issues and in regard to a similar incident in 2000 it noted that “In Indian society, any girl or woman would not make such allegations (of rape) against a person as she is fully aware of the repercussions flowing there from. If she is found to be false (sic), she would be looked at by society with contempt throughout her life”.
Prior to this landmark judgment delivered in State of Karnataka Vs Manjanna (4), doctors would examine victims of rape only after they received a request from the police. For this to happen, the victim had to gather the guts to register a complaint against the accused in a police station of the correct jurisdiction. There could be undue delays in this, considering the social obstacles that women face in coming out in the open against the accused. Further, a woman is often detested just for being the sufferer of rape. Yet, society often blames the victim for delays in complaining about the offence, giving less significance to the monstrous act of the accused and the mental and physical ordeal that the woman has to surmount before registering a complaint. Only after this delayed registering of a complaint against the accused would the police investigation be initiated and an application forwarded to a doctor at the government hospital asking for medical examination of the victim of rape. On many occasions if the victim reported directly to the hospital, she would be denied this crucial medico-legal examination and compilation of medical confirmation because the police had not issued a demand for it, addressed to the doctor. By the time the police requisition could be arranged there was considerable delay and much of the medical evidence was gone or could not be collected. This would result in release of the accused in many cases, due to the lack of evidence to incriminate the accused or link him to the offence. The benefit of doubt was awarded to the accused, denying fairness to the already distressed victim.
In its 2000 judgment, the Supreme Court recognized that the rape victim’s need for a medical check constituted a “medico-legal emergency”. Second, it was also the right of the victim of rape to approach medical services first before legally registering a complaint in a police station. The hospital was obliged to examine her right away; they could always consequently commence a police complaint on the demand of the victim. As a result of this landmark judgment, the doctor or hospital is now required to examine a victim of rape if she reports to the hospital directly, and willingly, without a police request. The judgment recognizes the three ways by which a hospital may receive a victim of rape: voluntary reporting by the victim; reporting on requisition by the police, and reporting on requisition by the Court. Unfortunately this information has not been disseminated to all doctors, and the majority of them still insist on a police requisition before examining a rape victim.
Apart from it the Supreme Court in 1994 also directed the National Commission for Women to develop a scheme and set up a Criminal Injuries Compensation Board to provide financial assistance to victims of rape, the commission initiated the process of drafting the scheme in 1995. In 2005, the government provided the commission with guidelines on planning a procedure to disburse funds to victims. The scheme provides for setting up of a National Criminal Injuries Relief and Rehabilitation Board, which will have counterparts in each state and districts in the respective states. Under the scheme, the victim is entitled to restorative financial support adding up to Rs 2-3 lakh. According to it, victims who have lodged an FIR after the scheme comes to effect will be eligible for compensation from the government.
But Mamata Banerjee seems to be opposing almost anything and everything. She’s still behaving like an activist, as a leader of the opposition battling an unreal enemy. Suddenly, having defeated her enemy-of-long, she’s without a target in front. It seems Mamata has suddenly become unsure of her purpose in life – running amok in a maddening and thrilling start to her tenure, from announcing new trains despite budgetary constraint to painting the city white and blue her favorite colors. And in the process, misreading the mandate the people of West Bengal gave her.
What Mamata needs to show is a more responsible and tolerant face. It’s in many years that the state government in West Bengal is from the same combination as the central government. She should use this to her advantage and gain. It’s absolutely fine for her as CM to be upset about a few things, but she should not make this into a habitual routine and desist from making irresponsible statements. She should instead exploit the Congress’s numerical weakness at the Center to get more funds for the state and more projects approved – but she shouldn’t push the center so much that they start looking for alternate associates. If Mamata now went into the opposition’s grouping, her decline in WB would be inevitable.
It is a delicate and tentative time for the Congress at the center as well. But the difference is that the Congress realizes its situation and is playing it calmly till it’s necessary; But Mamata isn’t and is continuing to throw her weight around. The Congress is clearly playing a waiting game – waiting for the UP results to spring up a more consistent friend in Mulayam Singh (Samajwadi Party). If that happens, Mamata will suddenly find herself booted out from her arrangement of strength. Who’s she going to throw a tantrum against then? Mamata must understand that the mandate was against the left misrule and not in favour of TMC and she has escalated to the power corridors by default, but she could take the situation to her advantage by good governance, perseverance, impartiality and integrity. However she’s just continuing in the same vein that the Left used to do, making herself somewhat synonymous to the Left.
The people of Bengal rejected the Left ideology and doesn’t desire different – maybe a little less callous version of the same broth that they have been served for nearly four decades? The Bengal today is dying for financial liberalization. They want factories and manufactures, so that they can get jobs in their own state. They want private investment to pour in. Even the eminence of urban communications in Kolkata is shoddier than even in Mumbai. With high number of pre-historic Ambassador cars in Kolkata, a visitor to the city would be puzzled if one has been transported back in time!
The people in here have voted for “paribartan” the much-needed change. And in the absence of any moderate option to the Left, they voted for Mamata. But sooner they are getting dissatisfied. And in the meantime, if the Left becomes even slightly understanding – though that’s a near impracticality (as for now) – Mamata’s dream run will be over even before her term ends.
But that’s the fear of absolute power that makes one more vulnerable with increased danger of losing the gigantic support. Being an ex-congressperson she must be aware how Rajiv Gandhi dissipated away the 411 seats he got in the 1984 elections? That’s what absolute power does. It makes politicians arrogant, unsighted and in limbo at times. Mamata’s 184 seats are almost 2/3rds of the assembly – that’s why she’s got the nerve to bully the Congress to pull out of her government. But if she were real smart she would push the Congress, but for better means definitely.
The state is already feeling the financial pangs in addition to it. Any exodus of senior government officials applying to go on a central government deputation is set to be another blow. It might have deep repercussion on forthcoming Panchayat elections as well. The situation is somewhat unstable in light of the Park Street rape case where a senior police officer stood by the victim even as many others, including the chief minister, were suspicious about the complainant’s statement. Whether the chief minister will allow central government deputation for the officers (who deserved appreciation and accolades) — concern remains anyone’s guess.
(The author is Member, Advisory Committee, Airport Authority of India (NSC), Ministry of Civil Aviations, Government of India)