Hema Kumari(16) d/o-Late Ganesh Ram, is the resident of Ariya village in Hajaribagh district of Jharkhand. She was in a love relationship with Jitendra Soni since last one year. Jitendra promised her to marry and was having physical relationship with Hema. When Hema pressurized him for marriage, he married her in Ichhak temple by putting sindoor on her forehead. Then he took her to Ranchi, kept her there for 10days and had sex with her during the stays. After few days he left her on the way to Hajaribagh and ran away. When she went to her in laws house they did not allow her to enter the house and asked her to resolve it in the panchayat level meeting. In the panchayat also they asked her to forget that boy. But with the help of a NGO she could filed FIR and the accused got arrested.

Legal Standard Breached:

1.       Rape is a criminal offence [sec. 376 IPC r/w. sec. 3(2)(v) SC/ST (PoA) Act].
2.       Punishment for voluntarily causing hurt- Whoever, except in the case provided for by voluntarily causes hurt, shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine which may extend to one thousand rupees, or with both [sec. 323, 334 IPC].
3.       Assault or use of criminal force on a woman with intent to outrage her modesty [sec. 354 IPC].
4.       Uttering any word or making any gesture intended to insult the modesty of a woman [sec. 509 IPC].
5.       Being in a position to dominate the will of a woman belonging to a SC/ST with intent to dishonor or outrage her modesty [sec.3 (1)(xi) SC/ST (PoA) Act].
6.       Being in a position to dominate the will of a woman belonging to a SC/ST and uses his position to exploit her sexually to which she would not have otherwise agreed [sec. 3(1)(xii) SC/ST (PoA) Act].
7.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
8.   General recommendation 19 of CEDAW relates to gender-based violence and recommends amongst other things that states should take all legal and other measures that are necessary to provide effective protection of women against gender-based violence including effective legal measures (including penal sanctions), preventive measures (including public information and education programs) and protective measures. 

3.      Voluntary Causing grievous hurt – whoever, voluntarily causes hurt, if the hurt which he intends to cause grievous hurt [sec. 325 IPC].

4.      Rape- A man is said to commit ‘rape’ that, except in the case hereinafter excepted, has sexual intercourse with a woman without her will or without her consent [sec.375 IPC].

Renganathan (35), S/o Natchimuthu, belongs to dalit Arunthathiyar community, is a resident of Pottaiampalayam village, Madathukulam Taluk, Tiruppur district. He is a member of DMK Party. Mr. Jeyapal, belongs to Nayakkar community, is also a member of DMK party.  The accused perpetrators namely, Thamburaj, Chandrasekar, Mohanraj and Duraisamy are a rival faction being in the same DMK Party. Both the factions have a dispute over the party office located in their village. On 24/.3/2011, around 2pm Ranganathan, standing in a bus stand shouted saying that, whosoever beat Jeyapal, have to face consequences. Over hearing this, Kalarani W/o Thamburaj, assuming that Ranganathan is scolding her husband, referred derogatory regarding caste against Ranganathan. Kalarani told that she will inform this to her husband and her husband will beat him to death.

On the same day, around 6.30 pm while Ranganathan and Jeyapal were in the party office, a gang of people under Thamburaj, Chandrasekar, Mobanraj and Duraisamy came there with deadly weapons and brutally assaulted Ranganathan and Jeyapal. Ranganathan was severely wounded by this attack and he lost his two teethes. Jeypals was also wounded in this attack and sustained a bone fracture by this attack. Ranganathan escaping this assault took refuge in his neighborhood. On receiving the information from the public, police arrived and arrested the wounded Ranganathan on the complaint given by the Thamburaj and Kalarani. Jeyapal got admitted in the Hospital. On the receipt of the complaint from the affected victims, police filed a case against the perpetrators and arrested Chandrasekar, Mohanraj, Thamburaj alais Duraisamy.

The relevant sections of PoA act were not invoked in this case. The compensation were not provided regarding this attack. Mrs. Kalarani, was not implicated in this case.

Saroj (16 years) lives in the village Bhagoda with her parents and siblings. On the day of the incident, i.e. on 19^th March 2011, it was the sacred festival Holi. Saroj’s parents went to the nearby village to shop for the festival. Saroj was on the fields with her younger brother and sister and was cutting the crops. The culpriot, namely Shaitan Singh came on the fields. 14 months earlier Shaitan Singh lent Saroj’s father 2 thousand rupees on a rate of 2% per month interest; which her father failed to repay. He sat inside a hut made on the fields and called Saroj towards him. When she denied, he dragged her and brutally raped her in spite of her screams and cries and ran away afterwards. When her parents came back she narrated the whole incident to them and thus they took her to police station to lodge FIR against the culprit. Saroj’s parents allege that he in lieu of that unsettled account did this shameful act. Thereafter she was sent for medical examination on the same day.

Administration did not provide her with statutory monetary relief for which she is eligible and entitled under provisions of Law. Medical examination of the victim was conducted in Bangad Hospital Pali. The medical officer did not give any opinion regarding the occurrence of rape and counted on FSL report. The charge sheet against the culprit was submitted to the court. Now the case is pending before the court of law for trial. Cuprit’s family is threatening victim and her family to withdraw the case and settle down the matter out of the court.

Due to this incident, Saroj’s mental condition is not stable. She is so much terrorized that she has confined herself in home and does not talk to anybody. She is still in trauma and holds herself responsible for what has happened to her. She thinks that her future is now spoilt.

The charge sheet against the culprit was presented before the court of law. Now the case is pending for trial.