One year later, the families of rape victims in India are waiting for news of justice

Hatteras, India—— The gang rape and murder of a 19-year-old pariah girl in a village in the northern Indian state of Uttar Pradesh in September last year caused a public outcry and several weeks of protest.

But a year later, the victim’s family told Al Jazeera that as the case dragged on, their hope for justice was fading. The victim’s lawyer, Seema Kushwaha, said that so far, out of 104 witnesses, only 15 have been removed in court.

In the early morning of September 30 last year, after the girl’s body was cremated in Hathras, about 200 kilometers (125 miles) from the capital, New Delhi, the case made headlines in the global media.

The police were also accused of initially refusing to register the first information report (FIR or police compliance) and providing little support to vulnerable families.

The family members stated that they would not soak the ashes of the victim in the water until the perpetrator was punished. “We will not hold the final ceremony until justice is done,” the victim’s mother, 50-year-old Ramadvi, told Al Jazeera. The soaking of ashes completes the Hindu funeral.

The slow legal proceedings involved families belonging to the Dalit community with the lowest Hindu caste hierarchy.

“We are poor, but we will fight to the end. This is the least we have to do for our children,” the victim’s father, 53-year-old Om Prakash, told Al Jazeera.

The case progresses slowly

The four defendants-Sandeep, Luvkush, Ravi and Ramu-are on trial. They are all upper-caste men from the Thakur community and belong to the village of Bulgahi where the victim’s family is located. Three of the defendants are also immediate family members.

The coronavirus pandemic hinders an already slow legal process.

Security guards at the door of the victim’s house [Amitoj Singh/Al Jazeera]

The prosecution has yet to proceed with the lawsuit-which shows that although the 2012 Delhi gang rape and murder case caused unprecedented outrage across the country and globally, little has changed. That case caused a nationwide protest and forced the government to enact a strict rape law.

The case of the victims of the Hatteras rape case is still being heard in the ordinary district courts, which are known for delays.Staggering 40 million Case study As of September 2021, the lower courts of India are hearing these cases.

Since all the defendants belonged to the dominant upper-caste Hindus, and the victim’s family lived in fear of revenge, they tried to persuade the villagers, most of whom were upper-caste Hindus, that this case was honour killing.

Among the nearly 250 houses in Boolgarhi village, only 4 belong to Dalits and they face social exclusion.

“What do you want me to do? Hang those children?” said an elderly man in the defendant’s home opposite the victim’s family.

“The media put them in jail. Please leave,” he said angrily, refusing to reveal his name.

“Home has become a prison”

The district court has ordered the provision of round-the-clock security services for the families of the victims. More than 30 personnel of the Central Reserve Police Force were stationed in the victim’s house, and security cameras were installed inside and outside the house to monitor the entrance and exit of the victim’s house.

The victim’s family must obtain permission even to buy groceries, and anyone who enters the house, including journalists, must register.

“We live at home, but the home has become a prison,” said the victim’s brother, 30-year-old Satyendra Kumar, who represented his family in court hearings.

The defendant belonging to the upper caste and the victim are from the same village [Amitoj Singh/Al Jazeera]

At a hearing in March, the victim’s brother and lawyer Kushwaha were questioned in court by lawyers who sympathized with the defendant. Although Kushwaha and Kumar were protected by the police, this happened.

“They tried to intimidate us,” Kushwaha said.

“The defense argued that this was honour killings, not rape. If proven, it will involve the younger brother and possibly the mother,” she said, adding that by accusing the victim of homicide by accusing the victim’s family, “the younger brother” Also became a defendant”.

Five police officers who participated in burning the victim’s pyre in the middle of the night were suspended. The authorities defended the burning of pyre, saying that postponing the funeral could lead to violence and social tension. The magistrate claimed that they had the consent of the family. However, the family denied this statement.

Yogi Adityanath, Chief Minister of Uttar Pradesh, ruled by the right-wing Bharatiya Janata Party (BJP), announced compensation of 2.5 million rupees (US$33,685) to provide a job for the victim’s family and allocate a house.

“We got the money, but we didn’t get a job or a house,” the brother said.

‘Historic carcerality based on caste’

The victim’s lawyer pointed out that the government’s promise to speed up the trial of the case has not been fulfilled.

“In cases involving Dalits, the law stipulates that justice should be done in an expeditious manner,” Kushwaha said.

“But in reality, this will not happen. There is no fear of law and order, because time-bound justice is just not fulfilled. Although we promised to have a hearing in a fast court, this is a normal procedure, as we know in India, This can be terrible for justice,” she said.

Nikita Sonavane, a lawyer who studies policing in marginalized communities, said that although the nature of the case was bad and the outrage it caused “no change”, it was “historic caste-based incarceration”.

“I don’t want justice to be done quickly in this case. If justice is done, it will be an aberration, not the norm. I don’t know if people will remember this in five years. The only person who remembers is the acceptance of these violent acts. End-of-life community,” said Sonavan, co-founder of the Criminal Justice and Police Accountability Project.

But the People’s Party spokesperson Narinkoli defended the government’s handling of the case.

“We have to realize that, especially during the pandemic, the courts are overburdened by a large backlog,” said Coley, who is also a lawyer of the Supreme Court.

“From the perspective of every victim, they all deserve a quick trial,” he told Al Jazeera.

Dalit activists pointed out that sexual violence against the community is part of caste oppression. They say this is not only a violent act against women, but also a crime against women from oppressed caste groups.

Data from 2016 to 2019 (PDF) When available, the crime rate against women in Uttar Pradesh has increased by 66.7%-the highest increase of any state in the country-while rape cases against women of predetermined castes-the legal name of Dalits-have risen (PDF) An increase of 20.67% over the same period.

Dalits who still live on the margins of society say they continue to be discriminated against and are regarded as “untouchables”-a practice that was banned after India’s independence in 1947.

“Violence, including rape and gang rape, has been systematically used by mainstream castes as a weapon to oppress Dalit women and girls and strengthen structural gender and caste hierarchy,” report Provided by Equality Now dedicated to women’s rights and the Swabhiman Society, a grassroots organization led by Dalits in India.

In India, the caste system is such that “sexual violence against women from oppressed caste groups is encrypted.” “In this case, the perpetrators will not regard it as a violent act, but as a way to exercise their rights against the bodies of Dalit women,” Sonavan said.

Metal detector outside the victim’s family [Amitoj Singh/Al Jazeera]