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Belagavi Woman Assault| 'Modern World Is Of 'Dushasana', No Krishna Came To Help Her': Karnataka HC Slams State Govt, Seeks CP's Presence
Mustafa Plumber
14 Dec 2023 8:43 AM GMT
Hearing the suo moto case concerning a woman who was allegedly beaten up and paraded naked after her son eloped with a girl and later tied her to an electricity pole in Belgavi, the Karnataka High Court today came down heavily on the state police over its failure to prevent the incident.Essentially, the girl's engagement was scheduled for December 11, however, she eloped with a boy...
Hearing the suo moto case concerning a woman who was allegedly beaten up and paraded naked after her son eloped with a girl and later tied her to an electricity pole in Belgavi, the Karnataka High Court today came down heavily on the state police over its failure to prevent the incident.
Essentially, the girl's engagement was scheduled for December 11, however, she eloped with a boy (the victim's son) from the same village on the night of December 10, which prompted the relatives of the girl to rush to the boy's house, ransacked it and beat her mother up. The HC took cognizance of the incident on Tuesday (December 12).
Hearing the matter today, the Court compared the incident to the Mahabharata era as it highlighted that even Draupadi got Lord Sri Krishna's help, but in the modern world, no one helped the lady as the Court orally remarked that is a world of Duryodhans and Dushasans.
"What will be the fear among other women, she will feel unsafe in the country. It did not even happen in Mahabharata. In Mahabharata, Draupadi had lord Sri Krishna who came to help her, but in the modern world, no one came to help her. Unfortunately, this is a world of Duryodhans and Dushasans," a bench of Chief Justice Prasanna B. Varale and Justice Krishna S. Dixit remarked.
Referring to the incident where the victim was subjected to severe trauma, enduring being tied to a pole and brutally beaten for an extended period of two hours, the Court said that she “was left to the mercy of those animals (accused)”. Expressing strong condemnation regarding the incident, the Court asserted that the accused should not be regarded as human beings given the severity and shamefulness of their actions.
“Imagine the trauma she must have gone through. Unless we put ourselves in the victim's shoes, we will not be able to imagine. We are making it clear that this is an extraordinary case and it will have extraordinary treatment at our hands...I am shamed to call the accused as humans. How can someone be so cruel, so inhuman? We know you are taking things with all seriousness, but look at the incident”
Referring to Shakespeare's play "Julius Caesar," where Brutus blames fate for the unfolding events, the Court remarked that "Brutus, the fault lies in our stars" suggesting a sense of resignation or disappointment with the prevailing circumstances. It added that we boast of rich culture but
Conveying a critical perspective on the treatment of women in society, the Court also invoked Sahir ludhianvi's famous lines "Aurat ne janam diya mardon ko, mardon ne use bazaar diya" (loosely translated as: Woman gave birth to men, and men turned her into a commodity)
Furthermore, the court heavily criticised the state government's handling of the case and directed for the presence of the Commissioner of Police before the Court with a status report regarding the investigation. The Court also enquired from the state about the health condition of the victim and whether she has been kept in some good hospital and provided counselling.
The Court observed that boys and girls sometimes commit mistakes and for that, what was the mother (victim) being punished? The Court also posed a rhetorical question, asking the AG as to whether the current state of affairs reflected progress into the 21st century or a regression back to the 17th century.
"Are we going to see equality or progressiveness or are we going back to the 17th and 18th centuries, our anguish makes us use such harsh words. We are exceeding but we can't help. Mr AG we cant, we feel the least we can do is express our anguish in some harsh…This will affect the future generation. Are we creating a society where there is a chance to dream for a better future or we are creating a society where somebody will feel it is better to die than to live? Where there is no respect for a lady."
The Court also questioned the state police as to why the incident was allowed to happen, the absence of effective policing, and the reasons behind a two-hour delay in police reaching the location. Critically evaluating the circumstances surrounding the incident and a demand for accountability in terms of law enforcement response, the Court berated the state police for not taking effective policing measures to prevent such an incident.
"Where is the focus? It should not happen to anybody. It will paint the country in a bad light. Why it was allowed to happen, why there was no policing? Any standard book on policing speaks not only about investigation but also about prevention. If there is an alleged act of eloping with a girl, in a small village such information will spread like wildfire. We know there are sources of police departments. They can control. Is it the fault of the lady that the boy selected a girl of his choice, because of which, she had to suffer?" the Court remarked.
"Why it was allowed to happen, why the inspector did not generate fear among the people. This reflects deep-rooted male chauvinism. Only because he (the accused) is a male does he get the right to deal with the lady in such an inhuman way?," the Court further added.
To this, the Advocate General responded by saying that the victim was under hospital observation and was also given police protection.
The Court also gave the example of Late Prime Minister Lal Bahadur Shastri, who resigned from the post of Railway Minister when a railway accident took place during his tenure without contending that he was only a railway minister and not the driver.
The Court added that a dangerous signal was being sent, which showed that there was no fear of law which is "very disturbing". The bench also told the Advocate General why the lady was subjected to such an incident.
"Boy and girl may make some mistake, why is the mother being punished? Is it her fault that she gave birth to a son? If that is the reason then Adam and Eve are to be given fault," the Court observed.
Lastly, the Court directed the state government to provide the victim, the benefit of the Victim compensation scheme, which could provide "some solace" to the victim. The Court also sought an additional status report and posted the matter for Monday.
