
Voices from the Indian Feminist Movement
TRANSCRIPT
Yogita Bhayana
MP: What are the legislative changes that have happened [for child safety in terms of rape] in the last few years?
YB: Well, the death penalty was just put in place for the rape of a minor… there are a lot of changes, but the implementation is very poor.
MP: Why is the implementation so poor?
YB: Of course, families don’t want to report, but one of the most basic problems is the basic infrastructure of forensic labs. We only have one in North India, in Rohini. And if you send the sample now, you’ll get the report in three years. Hospitals don’t do forensic checks, they just collect evidence. And evidence collection is so poor. Nobody follows the standard operating procedure [after a rape]. I went to meet a rape victim, she must have been 4-5 years old, in a Rohini hospitals. These people are collecting evidence in polythene bags without wearing gloves. How will they match the DNA samples? The accused will get away, right? They will say that, “there is no evidence! Give us the DNA tests!” Those will come after four to five years, and even then, the collection was so poor, that he will get away.
MP: No one even brings up this point in the media, though!
YB: Yes, but even the police officers said that we should open another forensic lab, because it will help in their cases too! I said sure, we can get it done from the Nirbhaya fund, but we are literally liasoning to do government work! You can’t change anything without power.
MP: You have said that AIIMS (All India Institute of Medical Sciences) itself gets 5-10 child rape cases a day. Are these rape cases from lower-class families?
YB: Mainly. Because upper class families also have cases of abuse and assault. You must have heard of the Gurgaon case? Last week it was an elite family in Gurgaon where the rape happened. But they don’t report because of the whole reputation issue… that their reputation will be spoilt. The problem with the lower class families is that they don’t want to get into it because they fell it is a waste of time and resources. And they don’t have any confidence that justice will be served! But definitely, the lower class families are more vulnerable, because there is more access to the children. The parents are at work the children are playing outside, so there is easy access. For us upper middle class families, you are still safe. Access is not there. Access is the only problem.
MP: Do you feel that the death penalty (hanging) will make a difference in scaring rapists?
YB: These problems need an immediate fix. So right now hanging is the only solution. But later on, when the message has been received, you can remove it. But when you have cancer, you need chemotherapy. If you have a fever, you need Crocin. There is no fear in the public for rapists! Other than Dhananjoy Chatterjee, nobody has been convicted and hanged!
MP: Is the police complacent and corrupt when handling these cases?
YB: Of course! They are all a bunch of jokers, and they won’t do anything unless you stand on their head, or unless they have pressure from the media. I can fight rape cases until the victim is 12 years of age, but above that age, when they are teenagers, the police say “ma’am, she must have done it consensually, why are you getting into it”. I have to tell them that the law says [sex with] anyone under 18 is rape. You have to speak to them in their language.
MP: So it’s delegitimized after 12.
YB: Absolutely. Not legally, but socially. Because the background of the police officers are of conservative states like Haryana and Punjab, so again, it’s all about gender sensitization. THey think women are commodities.
MP: But is gender sensitization possible?
YB: Of course! That is the only thing that is possible. Gender sensitization is the easiest thing to do. You can go to schools, make it part of the syllabus and get it sorted. I had written a syllabus, but the new government rejected it. Still, gender sensitization needs to happen at all levels of society.
MP: It’s interesting that you say that gender sensitization is the easiest thing to do. Is it really so easy to change people’s mindsets?
YB: Changing adult mindsets is very difficult. I’m talking about changing children’s mindsets. If you teach this in school, at least ten years down the line you’ll be sorted.