Week 2 - Finding A Balance
Week two started off learning more about the system of government, and just how difficult it is to push justice through. I first had the opportunity to attend a trial in the Delhi High Court, where I witnessed one of the associates here argue on behalf of a woman accused of rape. There is an interesting legal wrinkle here – the rape statute in India is quite controversial, as it only applies to men. § 375 of the Indian Penal Code refers to rape as an act by a man against a woman, but not the other way around. However, a woman can still be charged under this section if she is an accessory to the rape, by either conspiring with the perpetrator or hindering the victim from escaping the situation. Second, there is a clause that criminalizes consensual sex when the man has falsely led the woman to believe that they are married or going to be married. This “rape by falsity” law has also created controversy, with many judges claiming that this law disservices young men around the country, ruining their lives at the start. What is even more confusing is that India does not recognize marital rape as a crime when the couple lives together, but it may be prosecuted under domestic violence laws nonetheless. There are some serious legal gymnastics going on; prosecutors end up charging people with a laundry list of crimes, trying to drown them in legal red tape.
In this case, the court had reserved ordering judgment since October, 2016. The woman had been granted bail but was not able to furnish the 10,000 rupee bond (approximately $150). Finally, she was able to be released on bail as she awaits the next hearing date this August due to the work by IBJ. The high court questioned the delay in judgment by the lower court, which we argued was due to the strange charges coupled with our client’s inability to pay bail. With so much uncertainty, the lower court figured it was easier to not issue a decision at all, which led to this woman languishing in prison for almost two years without recourse. We are optimistic that, come the next hearing, our client will be acquitted fully and given the justice she deserves.
On a brighter note, I traveled outside of Delhi this weekend, to a hill town called Mussoorie – not to be confused with Missouri, although Google kept trying to tell me otherwise. One of the nice things about Mussoorie is that the climate is about 30℉ cooler than Delhi!! After living in 100+ degree weather for the last two weeks, this was a welcome respite. Situated about 290 km north of Delhi and 6,000 feet above sea level, it is unlike any other part of India I have seen. The hills are lush, green, and quiet – a stark contrast from the haze and cacophony in the Delhi air. There were plenty of nature walks and hikes, and taking in the history of the area was incredible. Mussoorie contains a mishmash of groups, starting with the British Raj that first settled the area, to the many Tibetans who settled there after their rebellion. In fact, the Dalai Lama first established his home in Mussoorie before moving to its present location in Dharamshala. When we reached the highest point in Mussoorie, Lal Tibba (literally “Red Peak”), we could see the sunset and a glimpse of the Himalayas through the fog. A peaceful, meditative setting, that really helped focus your thoughts and refresh your mind for the long journey ahead.
In the coming weeks, I will be writing about the legal aid camps that IBJ is running in the local jails around Delhi, as well as diving deeper into the sexual assault crisis happening in this city and the nation as a whole. Finding the peace and beauty in the hills helped to adjust to this new life and the challenges the next weeks will bring.
