Bhanwari Devi
Encyclopedia
Bhanwari Devi is an India
n woman, whose alleged gang rape in 1992 and the subsequent court case attracted widespread media attention nationally and internationally.
i village located 55 km from the state capital Jaipur
. Most of the villagers belonged to the conservative Gurjar community, which is higher in the caste hierarchy than the Kumhar
caste, to which Bhanwari belongs.
, and payment of minimum wages at famine relief works. In 1987, she took up a major issue of the attempted rape of a woman from a neighbouring village. All of these activities had the full support of the members of her village. However, in 1992, Bhanwari found herself alienated, when she took up the issue of child marriage
.
In 1992, the State Government of Rajasthan had decided to launch an anti-child-marriage campaign during the fortnight preceding Akha Teej, which is considered an auspicious date for marriages. The WDP members and other government employees tried to convince the local villagers against child marriage. However, some influential conservative Gurjar families in the village were determined to perform child marriages. In one such family, Ram Karan Gurjar was planning to marry off his 9-month old daughter. Bhanwari's attempts to persuade the family against this move met with hostile response.
On May 5, the day of Akha Teej, the Deputy Suprintendent of Police (DSP) and SDO came to Bhateri and stopped the marriage of Ram Karan's infant daughter. The marriage, however, took place next day at 2 a.m and no police action was taken. The Gurjar community in the village felt that the police interference in their affairs must have been a consequence of Bhanwari's report to the police. The annoyed villagers refused her water from the well, refused to sell her milk and started threatening her regularly.
Bhanwari reported the incident to Ms. Sharma, the pracheta (a block-level worker). The pracheta took her to the Bassi police station to lodge a First Information Report
(FIR). The DSP who examined Bhanwari for signs of injury, doubted her story, and sent her to the Primary Health Center (PHC). The Indian medical procedure and legal guidelines stipulate that the examination of a female rape victim be performed by female doctors, but the two female doctors at the PHC were not available at the time. The only male doctor available refused to conduct the examination, and instead sent her to the Sawai Man Singh hospital in Jaipur, with a chit requesting a medical examination "confirming age of victim". The Medical Jurist at Jaipur said that he couldn't conduct the test without orders from the Magistrate. The Magistrate refused to give the orders until the next day, as it was past his working hours.
The order was sanctioned next day, but only for a general medical examination. The vaginal swab was taken more than 48 hours after the alleged rape, although the Indian law
requires this to be done within 24 hours. Although the medical examination was conducted 52 hours after the rape, the trial began only two years later, in a lower court.
At the police station, Bhanwari was asked to deposit her "lehanga" (long skirt) as evidence. She had to cover herself with her husband's blood-stained saafa (turban) and walk 3 km to the nearest saathin's village Kherpuria, at about 1 a.m.
On 25 September 1992, Rajasthan Patrika
carried a small news item stating that a woman from Bhateri had registred an FIR in Bassi 'thana' alleging gang rape. Following this, a number of local Hindi
dailies as well as national dailies reported the incident. On 2 October 1992, the Rajasthan Patrika carried an editorial article Kroor Hadsa ("Brutal Incident") condemning the incident. Soon after, many Jaipur-based women's groups and other social organizations began making inquiries about the incident. However, Bhanwari was accused of fabricating the entire incident by the alleged rapists and their supporters, and faced public humiliation in her village. She refused monetary compensation to avoid allegations that she had cooked up the rape story to get money.
During the course of the case, five judges were changed, and the sixth judge ruled that the accused were not guilty, in November 1995. The district sessions judge pronounced that upper-caste men could not have raped a Dalit. The rapists included an uncle-nephew pair, and the judge insisted that a man could not possibly have participated in a gang-rape in the presence of his nephew. He also said that since the medical examination happened 52 hours after the alleged rape, Devi could be lying. He also said that Bhanwari's husband couldn't have passively watched his wife being gang-raped.
A state MLA organised a victory rally in the state capital Jaipur
for the five accused declared not guilty, and the women's wing of his political party attended the rally to call Bhanwari a liar. The State Government decided to appeal against the judgment. The judgement led to a nationwide campaign for justice for Bhanwari Devi. However, by 2007, 15 years after the incident, the Rajasthan High Court held only one hearing on the case and two of the accused were dead.
, but her brother spent the entire amount in organizing a Kumhar
caste panchayat, where people were asked to accept her back into the community.
In 2001, Jag Mundhra
made a film Bawandar
on Bhanwari Devi's story, which renewed public interest in the case. The New Indian Express journalist Sukhmani Singh tracked her down, and reported: "Feisty, outspoken, innately hospitable, she openly expressed her resentment against both the women's groups and the government, all of whom have been fiercely guarding her like their pet mannequin all these many years." He reported that she was "weary, resigned and bitter" after all these years. According to him, a small-time political worker and businessman describing Bhanwari as a "rakhi
sister" had brokered a deal with Mundhra for the film. He also reported that Bhanwari wanted to leave Bhateri, but couldn't afford to do so. Her sole source of income was a buffalo
, as her two bigha
s of land had become unproductive due to three years of drought. Most of the money that she received as part of the Neerja Bhanot
Memorial Award in 1994 was locked away in a trust to aid women.
Bhanwari Devi had attracted the ire of her rapists solely on the basis of her work. This prompted several women's groups to file a Public Interest Litigation
(PIL) in the Supreme Court of India
, under the collective platform of Vishakha. The petition, filed by Vishakha and four other women's organizations in Rajasthan against the State of Rajasthan and the Union of India, resulted in what are popularly known as the Vishakha Guidelines. The judgment of August 1997 provided the basic definitions of sexual harassment
at the workplace and provided guidelines to deal with it. It is seen as a significant victory for Bhanwari Devi's fight for justice.
By 2007, the average age of the first-time mother in Rajasthan had gone up to 16.5 years. According to Shivam Vij, this change was brought about by the efforts of women's groups, catalyzed by the Bhanwari Devi case.
in Beijing
.
In 1994, she was awarded the Neerja Bhanot
Memorial Award carrying Rs. 1 lakh
cash prize, for her "extraordinary courage, conviction and commitment".
In 2002, the Chief Minister of Rajasthan, Ashok Gehlot
, alloted a residential plot to Bhanwari Devi and announced a grant of Rs. 40,000 for construction of a house on the plot. He also sanctioned an additional amount Rs. 10,000 for the education of her son.
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n woman, whose alleged gang rape in 1992 and the subsequent court case attracted widespread media attention nationally and internationally.
Biography
Bhanwari Devi is a low-caste potter from Bhateri, a small RajasthanRajasthan
Rājasthān the land of Rajasthanis, , is the largest state of the Republic of India by area. It is located in the northwest of India. It encompasses most of the area of the large, inhospitable Great Indian Desert , which has an edge paralleling the Sutlej-Indus river valley along its border with...
i village located 55 km from the state capital Jaipur
Jaipur
Jaipur , also popularly known as the Pink City, is the capital and largest city of the Indian state of Rajasthan. Founded on 18 November 1727 by Maharaja Sawai Jai Singh II, the ruler of Amber, the city today has a population of more than 3.1 million....
. Most of the villagers belonged to the conservative Gurjar community, which is higher in the caste hierarchy than the Kumhar
Kumhar
Kumhar or Kumbhar ; also known as Prajapati, is a caste or community of India, mainly belonging to the Hindu religion. The word "Kumhar" literally means "potter" in Indian languages, pottery being the traditional occupation of the Kumhars....
caste, to which Bhanwari belongs.
As a saathin
In 1985, when she needed money, Bhanwari became a saathin ("friend"), a grassroots worker employed as part of the Women's Development Project (WDP) run by the Government of Rajasthan. As part of her job, she took up issues related to land, water, literacy, health, Public Distribution SystemPublic Distribution System
Public Distribution System is an Indian food security system. Established by the Government of India under Ministry of Consumer Affairs, Food, and Public Distribution and managed jointly with state governments in India, it distributes subsidised food and non-food items to India's poor...
, and payment of minimum wages at famine relief works. In 1987, she took up a major issue of the attempted rape of a woman from a neighbouring village. All of these activities had the full support of the members of her village. However, in 1992, Bhanwari found herself alienated, when she took up the issue of child marriage
Child marriage
Child marriage and child betrothal customs occur in various times and places, whereby children are given in matrimony - before marriageable age as defined by the commentator and often before puberty. Today such customs are fairly widespread in parts of Africa, Asia, Oceania and South America: in...
.
In 1992, the State Government of Rajasthan had decided to launch an anti-child-marriage campaign during the fortnight preceding Akha Teej, which is considered an auspicious date for marriages. The WDP members and other government employees tried to convince the local villagers against child marriage. However, some influential conservative Gurjar families in the village were determined to perform child marriages. In one such family, Ram Karan Gurjar was planning to marry off his 9-month old daughter. Bhanwari's attempts to persuade the family against this move met with hostile response.
On May 5, the day of Akha Teej, the Deputy Suprintendent of Police (DSP) and SDO came to Bhateri and stopped the marriage of Ram Karan's infant daughter. The marriage, however, took place next day at 2 a.m and no police action was taken. The Gurjar community in the village felt that the police interference in their affairs must have been a consequence of Bhanwari's report to the police. The annoyed villagers refused her water from the well, refused to sell her milk and started threatening her regularly.
The alleged gang-rape
According to Bhanwari, on 22 September 1992, at 6 p.m., five villagers attacked her husband Mohan Lal and left him unconscious, while the couple was working on their field. The five men were Ram Karan Gurjar, Ram Sukh Gurjar, Gyarsa Gurjar, Badri Gurjar and Shravan Sharma. When she came to her husband's rescue, Gyarsa and Badri raped her, while the other three held her.Bhanwari reported the incident to Ms. Sharma, the pracheta (a block-level worker). The pracheta took her to the Bassi police station to lodge a First Information Report
First Information Report
A First Information Report or FIR is a written document prepared by the police in India, Pakistan and Japan when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First...
(FIR). The DSP who examined Bhanwari for signs of injury, doubted her story, and sent her to the Primary Health Center (PHC). The Indian medical procedure and legal guidelines stipulate that the examination of a female rape victim be performed by female doctors, but the two female doctors at the PHC were not available at the time. The only male doctor available refused to conduct the examination, and instead sent her to the Sawai Man Singh hospital in Jaipur, with a chit requesting a medical examination "confirming age of victim". The Medical Jurist at Jaipur said that he couldn't conduct the test without orders from the Magistrate. The Magistrate refused to give the orders until the next day, as it was past his working hours.
The order was sanctioned next day, but only for a general medical examination. The vaginal swab was taken more than 48 hours after the alleged rape, although the Indian law
Indian law
Law of India refers to the system of law in modern India. It is largely based on English common law because of the long period of British colonial influence during the period of the British Raj. Much of contemporary Indian law shows substantial European and American influence. Various legislation...
requires this to be done within 24 hours. Although the medical examination was conducted 52 hours after the rape, the trial began only two years later, in a lower court.
At the police station, Bhanwari was asked to deposit her "lehanga" (long skirt) as evidence. She had to cover herself with her husband's blood-stained saafa (turban) and walk 3 km to the nearest saathin's village Kherpuria, at about 1 a.m.
On 25 September 1992, Rajasthan Patrika
Rajasthan Patrika
Rajasthan Patrika is a Hindi language daily newspaper published from Jaipur, Jodhpur, Bikaner, Udaipur, Kota and other cities of Rajasthan and from major Indian cities such as Bhopal, Indore, Jabalpur , Raipur, Ahmedabad, Gwalior, Kolkata, Chennai, New Delhi and Bangalore.-History:Rajasthan...
carried a small news item stating that a woman from Bhateri had registred an FIR in Bassi 'thana' alleging gang rape. Following this, a number of local Hindi
Hindi
Standard Hindi, or more precisely Modern Standard Hindi, also known as Manak Hindi , High Hindi, Nagari Hindi, and Literary Hindi, is a standardized and sanskritized register of the Hindustani language derived from the Khariboli dialect of Delhi...
dailies as well as national dailies reported the incident. On 2 October 1992, the Rajasthan Patrika carried an editorial article Kroor Hadsa ("Brutal Incident") condemning the incident. Soon after, many Jaipur-based women's groups and other social organizations began making inquiries about the incident. However, Bhanwari was accused of fabricating the entire incident by the alleged rapists and their supporters, and faced public humiliation in her village. She refused monetary compensation to avoid allegations that she had cooked up the rape story to get money.
The court case
In 1994, Bhanwari Devi was offered compensation by the accused to withdraw the court case against them. She refused, and instead asked them to restore her dignity by accepting that they had raped her. Bhanwari's brothers wanted her to accept the compensation, and broke all ties with her when she refused to do so. Sometime later, her elder son, daughter-in-law and her in-laws followed suit.During the course of the case, five judges were changed, and the sixth judge ruled that the accused were not guilty, in November 1995. The district sessions judge pronounced that upper-caste men could not have raped a Dalit. The rapists included an uncle-nephew pair, and the judge insisted that a man could not possibly have participated in a gang-rape in the presence of his nephew. He also said that since the medical examination happened 52 hours after the alleged rape, Devi could be lying. He also said that Bhanwari's husband couldn't have passively watched his wife being gang-raped.
A state MLA organised a victory rally in the state capital Jaipur
Jaipur
Jaipur , also popularly known as the Pink City, is the capital and largest city of the Indian state of Rajasthan. Founded on 18 November 1727 by Maharaja Sawai Jai Singh II, the ruler of Amber, the city today has a population of more than 3.1 million....
for the five accused declared not guilty, and the women's wing of his political party attended the rally to call Bhanwari a liar. The State Government decided to appeal against the judgment. The judgement led to a nationwide campaign for justice for Bhanwari Devi. However, by 2007, 15 years after the incident, the Rajasthan High Court held only one hearing on the case and two of the accused were dead.
Aftermath
Bhanwari Devi and her family were ostracized by the villagers, majority of whom belonged to the 'upper' castes. Her son Mukesh (who was barely four years old when she was raped) had been beaten up by local Gurjar boys when he went to a college in Dausa. He had a difficult time finding a family willing to marry their daughter to him. Bhanwari Devi's own caste ostracized her as they believed that she had been "polluted" by rape. Bhanwari Devi accepted Rs. 25,000 from the Prime Minister Narasimha RaoNarasimha Rao
Narasimha Rao or Narasimharao is one of the Indian names.* Pamulaparthi Venkata Narasimha Rao served as the 10th Prime Minister of India.* Modireddy Venkat Narasimha Rao, is a former Indian cricketer....
, but her brother spent the entire amount in organizing a Kumhar
Kumhar
Kumhar or Kumbhar ; also known as Prajapati, is a caste or community of India, mainly belonging to the Hindu religion. The word "Kumhar" literally means "potter" in Indian languages, pottery being the traditional occupation of the Kumhars....
caste panchayat, where people were asked to accept her back into the community.
In 2001, Jag Mundhra
Jag Mundhra
Jagmohan "Jag" Mundhra was an Indian filmmaker best known for his early career as an American exploitation film writer-director and his later career as maker of such issue-oriented films as Bawandar and Provoked.-Early life:Mundhra was born at Nagpur, and grew up in a Marwari locality in Calcutta,...
made a film Bawandar
Bawandar
Bawandar is a 2000 Indian film, based on the true story of Bhanwari Devi, a rape victim from Rajasthan, India. The film depicts the personal trauma, public humiliation and legal injustice that Bhanwari Devi went through, while pursuing justice in the Indian courts.- Plot :Bawandar is based on the...
on Bhanwari Devi's story, which renewed public interest in the case. The New Indian Express journalist Sukhmani Singh tracked her down, and reported: "Feisty, outspoken, innately hospitable, she openly expressed her resentment against both the women's groups and the government, all of whom have been fiercely guarding her like their pet mannequin all these many years." He reported that she was "weary, resigned and bitter" after all these years. According to him, a small-time political worker and businessman describing Bhanwari as a "rakhi
Rakhi
Raksha Bandhan , , , or Rakhi , is a festival primarily observed in India, which celebrates the relationship between brothers and sisters. It is also called Rakhi Purnima in certain parts of India, like the south. The festival is observed by Hindus and Jains...
sister" had brokered a deal with Mundhra for the film. He also reported that Bhanwari wanted to leave Bhateri, but couldn't afford to do so. Her sole source of income was a buffalo
Water Buffalo
The water buffalo or domestic Asian water buffalo is a large bovine animal, frequently used as livestock in southern Asia, and also widely in South America, southern Europe, northern Africa, and elsewhere....
, as her two bigha
Bigha
The bigha is a unit of measurement of area of a land, commonly used in Nepal, Bangladesh and in a few states of India including Uttaranchal, Maharashtra, Himachal Pradesh, Uttar Pradesh, Bihar, West Bengal, Assam, Gujarat, Rajasthan etc. The precise size of a bigha appears to vary considerably...
s of land had become unproductive due to three years of drought. Most of the money that she received as part of the Neerja Bhanot
Neerja Bhanot
Neerja Bhanot , was a flight attendant for Pan Am airlines, based in Bombay, India, who died while saving passengers from terrorists on board the hijacked Pan Am Flight 73 on September 5, 1986, she went on to become the youngest recipient of India’s highest civilian award for bravery, the Ashoka...
Memorial Award in 1994 was locked away in a trust to aid women.
Impact
Bhanwari Devi risked her life amidst threats from the conservative villagers, and showed courage in seeking justice in spite of social boycott. It was for the first time in the conservative region that a woman was not ashamed of rape and spoke openly about it. Bhanwari Devi's case shaped the women's movement in Rajasthan, and emboldened other rape victims to come forward and lodge complains against their rapists.Bhanwari Devi had attracted the ire of her rapists solely on the basis of her work. This prompted several women's groups to file a Public Interest Litigation
Public interest litigation
In Indian law, Public Interest Litigation OR जनहित याचिका means litigation for the protection of the public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party...
(PIL) in the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
, under the collective platform of Vishakha. The petition, filed by Vishakha and four other women's organizations in Rajasthan against the State of Rajasthan and the Union of India, resulted in what are popularly known as the Vishakha Guidelines. The judgment of August 1997 provided the basic definitions of sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
at the workplace and provided guidelines to deal with it. It is seen as a significant victory for Bhanwari Devi's fight for justice.
By 2007, the average age of the first-time mother in Rajasthan had gone up to 16.5 years. According to Shivam Vij, this change was brought about by the efforts of women's groups, catalyzed by the Bhanwari Devi case.
Recognition
Bhanwari Devi has received support both nationally and internationally, and was invited to be a part of the United Nations Fourth World Conference on WomenFourth World Conference on Women
The United Nations convened the Fourth World Conference on Women: Action for Equality, Development and Peace on 4-15 September 1995 in Beijing, China. 189 governments and more than 5,000 representatives from 2,100 non-governmental organizations participated in the Conference...
in Beijing
Beijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
.
In 1994, she was awarded the Neerja Bhanot
Neerja Bhanot
Neerja Bhanot , was a flight attendant for Pan Am airlines, based in Bombay, India, who died while saving passengers from terrorists on board the hijacked Pan Am Flight 73 on September 5, 1986, she went on to become the youngest recipient of India’s highest civilian award for bravery, the Ashoka...
Memorial Award carrying Rs. 1 lakh
Lakh
A lakh is a unit in the Indian numbering system equal to one hundred thousand . It is widely used both in official and other contexts in Pakistan, Bangladesh, India, Maldives, Nepal, Sri Lanka, Myanmar and is often used in Indian English.-Usage:...
cash prize, for her "extraordinary courage, conviction and commitment".
In 2002, the Chief Minister of Rajasthan, Ashok Gehlot
Ashok Gehlot
Ashok Gehlot is the 21st & 23rd Chief Minister of the state of Rajasthan, India.-Personal:Shri Ashok Gehlot, son of Late Shri Laxman Singh Gehlot, was born on 3 May 1951 in Jodhpur, Rajasthan. A Science and Law Graduate, Shri Gehlot holds an M.A. in Economics. Married to Smt. Sunita Gehlot on 27...
, alloted a residential plot to Bhanwari Devi and announced a grant of Rs. 40,000 for construction of a house on the plot. He also sanctioned an additional amount Rs. 10,000 for the education of her son.
In media
- BawandarBawandarBawandar is a 2000 Indian film, based on the true story of Bhanwari Devi, a rape victim from Rajasthan, India. The film depicts the personal trauma, public humiliation and legal injustice that Bhanwari Devi went through, while pursuing justice in the Indian courts.- Plot :Bawandar is based on the...
(2000), is a film based on the true story of Bhanwari Devi. It depicts the personal trauma, public humiliation and legal injustice that Bhanwari Devi went through, while pursuing in the Indian courts.