Kilvenmani to Hathras – Justice is a Mirage for Dalits in India

TriggerWarning!

The recent judgement in the Hathras Gang Rape case is another reminder of caste oppression and human rights violations against all Dalits in the country.

Three out of the four accused in the 2020 gang rape and murder case of a 19-year-old Dalit girl in Uttar Pradesh’s Hathras District in September 2020 were acquitted by the court of Spl. J. (SC/ST, Pev. of Atroci Act) Hathras, Judge Trilok Pal Singh. The verdict was announced today. The primary accused, Sandeep, was found guilty of culpable homicide not amounting to murder under the Indian Penal Code and offenses under the SC-ST Act.

The remaining three accused, namely Ravi (35), Luv Kush (23), and Ramu (26), who faced trial in the case, have been cleared of all charges. The CBI had accused them of committing various offenses under IPC sections 376 (rape), 376 (D) (gangrape), 302 (murder), and other offenses under the SC/ST (Prevention of Atrocities) Act, as stated in the charge sheet.

The victim mentioned the names of all the others in her video recording, and the Indian court wants to acquit three of them without any charges.

The pattern of verdicts in various cases is the same. Either the police will try to make the most mistakes while finding the facts and recording the statements of the victims, or they will ensure to miss the important points so that they can avoid certain charges in court.

Delay Defeats Justice: This famous legal maxim is strictly followed by Indian courts to ensure victims of caste-based atrocities get no justice. In some cases, the special courts pass the death sentence or life imprisonment for the convicts. Surprisingly, they will be acquitted in higher courts.

If the victims are non-Aadivasi/Dalits, common people’s outrage will be pumped up, the police will be at their best, and the judiciary will close the cases early. This has been proven time and again in this country.

Kilvenmani, Karamchedu, Tsunduru, Khairlanji, Melavalavu, Laxmanpur Bathe, Kambalapalli, Ariyalur, Hathras, and many more caste-based massacres never received justice.

If the Indian judiciary and police departments treat the most heinous crimes against SC and ST in this way, justice is a mirage for the oppressed communities.