“Enabler of crime is as much of a criminal as one found guilty. By pronouncing the statement in the highest court of Indian Judiciary, the Chief Justice of India has committed a crime,” said a seething member of All India Progressive Women’s Association (AIPWA). The members of AIPWA had gathered at Bengaluru’s Mysore Bank Circle on Saturday to protest against Chief Justice SA Bobde’s controversial remarks in a case of rape.
The apex court was hearing a bail request of one Mohit Chavan who has been accused of sexually assaulting a schoolgirl when he was asked by the CJI if he would marry the survivor. An employee of Maharashtra State Electric Production Company, Chavan faces charges under the Protection of Children from Sexual Offences (POCSO) Act and had sought protection from arrest. The CJI reportedly told Chavan’s counsel that either he can marry the victim or he could lose his job and face a jail term. An exchange ensued where CJI Bobde asked Chavan, “Will you marry her?”
CJI’s comment was widely criticised. It was unbecoming of the CJI to say so, said members of AIPWA.
“How does marrying the victim absolve one of their crimes,” asked Dimple, a member of the association. She suggested that lack of understanding of the importance of consent coupled with patriarchy has led people into believing that women are their properties; a change needs to come from the grassroots level which can be brought by imparting sexuality education, and creating awareness.
“It was 100 years ago that women had no liberty, and status of equality. Even in this day and age of technology if someone of his stature makes a statement like this, it indicates a lack of progress. It also denies a woman her personhood,” said Gandhimati, another member of the association.
They argued that not only was his act irresponsible but also enables problematic ideologies of a woman’s honour residing in her vagina, delegitimising a sexual assault survivor’s personhood. They added that the CJI’s statement that ‘supports’ the criminal should also be viewed as a criminal activity.
“Instead of punishing the criminals, the CJI is making this blanket statement that would further aggravate the condition of the woman. Did he even think of the repercussions his words would bear on the victim and the society?” said Poornashree.
The members of the association noted that gender-based violence has plagued society, and it is high time it ends. The comment by CJI, according to them, does not only destroy the sanctity of the Constitution that guarantees women equal rights but also is detrimental to the faith that the common people have in the judicial system.