A Civil Court in Araria District of Bihar has sent a 22-year-old girl a “Gang Rape Survivor” & two women from an NGO to jail, on the Charges of Obstructing Courts Proceedings. The three were booked under IPC sections 353 (assault or criminal force to stop public servant from doing their duty), 228 (attempting to insult and disturb judicial proceedings) and under sections 188, 180, 120 (B) of the Contempt of Court Act.
A 22 year old girl lodged a complaint with assistance of 2 women activists at the Women Police Station in Araria alleging she was gang raped, On July 7. After FIR was lodged, the woman was called to the court on July 10 to record her statement before the magistrate under Section 164 of the CrPC.
Rape survivor allegedly raised her voice before the magistrate insisting that she would sign the statement only after it is seen by one of the social activists who accompanied her, Police Said.
The rape victim appeared before the Magistrate with two social activists Kalyani Badola and Tanmay Nivedata from NGO Jan Jagran Shakti Sangathan to record her statements. According to the Police, no one is allowed to accompany the complainant during the recording of the statement before the magistrate.
“Police officers were not involved in the court proceedings. The survivor has been arrested on the basis of an FIR registered by the judicial magistrate of the honorable court,”Pushkar Kumar, Araria Sub Divisional Police Officer.
A day later judicial custody was passed and the three women including the survivor had been sent at Samastipur jail, located around 225 km away from Araria.
A week later Bail was granted to Rape Survivor, by Local Court. Soon there was an outrage among the people, calling this injustice and disturbing.
Araria Chief Judicial Magistrate Anand Kumar Singh refused bail to the two social activists. Activist Harsh Mander, Swaraj India president Yogendra Yadav, former IAS officer Kannan Gopinathan and the Pinjra Tod collectively, were among the many who took Twitter on Friday to demand the release of activists Kalyani Badola and Tanmay Nivedita. (#FREETANMAYKALYANI)
Letters from 376 lawyers, 7000 individuals, 500+NGO-org from 24 states, the activists are still behind the bars. People have taken social media to express their outrage, on demanding their release saying “JUSTICE DELAYED IS JUSTICE DENIED”
Pushkar Kumar sub-divisional officer, Araria, told The Print, “One accused that the girl had properly identified has been arrested”