Mathura rape case
Encyclopedia
The Mathura rape case was an incident in India
wherein Mathura, a sixteen year old tribal girl, was allegedly raped by two policemen in the compound of Desai Ganj Police Station in Chandrapur
district of Maharashtra
. The incident led to changes in Indian law.
Her relatives, who had come to register a complaint, were patiently waiting outside even as the act was allegedly being committed in the police station. When her relatives and the assembled crowd threatened to burn down the police chowky, the two accused policemen, Ganpat and Tukaram, reluctantly agreed to file a panchnama.
The case came for hearing on 1 June 1974 in the sessions court. The judgment returned found the defendants not guilty. It was stated that because Mathura was 'habituated to sexual intercourse,' her consent was voluntary; under the circumstances only sexual intercourse could be proved and not rape.
On appeal the Nagpur bench of the Bombay High Court set aside the judgment of the Sessions Court, and sentenced the accused to one and five years imprisonment respectively. The Court held that passive submission due to fear induced by serious threats could not be construed as consent or willing sexual intercourse.
However, the Supreme Court of India
again acquitted the accused policemen. The Supreme Court held that Mathura had raised no alarm; and also that there were no visible marks of injury on her person thereby suggesting no struggle and therefore no rape.
The protests to the ruling by women's organisations led to Government of India amending the law. The Criminal Law Amendment Act, 1983 has made a statutory provision in the face of Section.114 (A) of the Evidence Act, which states that if the victim says that she did not consent to the sexual intercourse, the Court shall presume that she did not consent.
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...
wherein Mathura, a sixteen year old tribal girl, was allegedly raped by two policemen in the compound of Desai Ganj Police Station in Chandrapur
Chandrapur
Chandrapur is city and a municipal council in Chandrapur district in the state of Maharashtra, India. It is also the headquarters of Chandrapur district....
district of Maharashtra
Maharashtra
Maharashtra is a state located in India. It is the second most populous after Uttar Pradesh and third largest state by area in India...
. The incident led to changes in Indian law.
Her relatives, who had come to register a complaint, were patiently waiting outside even as the act was allegedly being committed in the police station. When her relatives and the assembled crowd threatened to burn down the police chowky, the two accused policemen, Ganpat and Tukaram, reluctantly agreed to file a panchnama.
The case came for hearing on 1 June 1974 in the sessions court. The judgment returned found the defendants not guilty. It was stated that because Mathura was 'habituated to sexual intercourse,' her consent was voluntary; under the circumstances only sexual intercourse could be proved and not rape.
On appeal the Nagpur bench of the Bombay High Court set aside the judgment of the Sessions Court, and sentenced the accused to one and five years imprisonment respectively. The Court held that passive submission due to fear induced by serious threats could not be construed as consent or willing sexual intercourse.
However, 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...
again acquitted the accused policemen. The Supreme Court held that Mathura had raised no alarm; and also that there were no visible marks of injury on her person thereby suggesting no struggle and therefore no rape.
The protests to the ruling by women's organisations led to Government of India amending the law. The Criminal Law Amendment Act, 1983 has made a statutory provision in the face of Section.114 (A) of the Evidence Act, which states that if the victim says that she did not consent to the sexual intercourse, the Court shall presume that she did not consent.
External links
- Women in India: How Free? How Equal? (un.org) (free PDF Book)