From India News Network (INN)
New Delhi, February 26: An open petition has been submitted to the Chief Justice of Delhi with regard to the reduction in sentence awarded to a rape convict, Ashok Rai, by a Division Bench of the Delhi High Court. An Open Letter, submitted to Justice Shah, Chief Justice, Delhi High Court, was released at a Press Meet held today in Delhi.
The Press meet to release the letter was addressed by Ms. Kirti Singh, (Supreme Court Advocate), Ms. Sudha Sundararaman,(AIDWA), Dr. Indu Agnihotri (CWDS), Ms. Jyotsna Chatterjee, (JWP),) Ms. Kalpana David, and Ms.Annie Raja, (NFIW). They pointed out that more than a 100 signatures of eminent people including leading academics, social activists, and women's organizations on the letter proved the extent of concern regarding the acquittal of Ashok Rai by the Court. Signatories included Prof. Vina Mazumdar, Prof. Romila Thapar, Prof. Upendra Baxi, Dr. Mohini Giri, (former Chairperson NCW), Prof.. Bina Aggarwal, Prof. Zoya Hasan and representatives of leading national women's organizations like AIDWA, CWDS, GOS, JWP, NFIW, and YWCA.
Addressing the Press, spokespersons expressed concern at the grounds on which the rape convict's sentence has been reduced and at the precedent this would set. The signatories have requested that the Chief Justice of Delhi treat the open letter as a special petition for reviewing the judgement. If no action is taken, a Special Leave Petition would be filed in the Supreme Court on this issue within the stipulated period.
The Open letter, along with the names of the signatories, is enclosed for favour of publication.
OPEN LETTER TO THE CHIEF JUSTICE OF THE DELHI HIGH COURT
To, Date : 26th Feb. 2009
The Honourable Chief Justice
Delhi High Court
New Delhi
Dear Justice Ajit Prakash Shah ji,
We, the undersigned express our shock and deep concern over the recent judgment of the Division Bench of the Delhi High Court in which the sentence of a convicted rapist was reduced to five and a half years – which was the term he had already served in prison – because he had appeared for and qualified in the IAS entrance examination. The Court held that 'Rai has redeemed himself in jail (as) is evident from the fact that he took his civil service examinations and qualified for being appointed to the Indian Administrative Service. We are of the opinion that the sentence already suffered by him would meet the ends of justice.'
We would like to bring to your notice the facts of the case against Ashok Rai. He was accused of raping a young woman student who later committed suicide. The accused was convicted by the Trial Court of rape and abetment to suicide. The High Court, however, refused to believe that the conduct of the accused had driven the young woman to commit suicide despite the fact that the young woman had left behind a suicide note squarely blaming the accused for her suicide. The Court while upholding the conviction on the charge of rape, acquitted him of the charge of abetment to suicide. While dismissing the charge of abetment, the Court observed that the woman victim had committed 'some participatory act'. The Court, did however, take cognizance of the fact that the accused had induced the victim to engage in sexual intercourse with him by holding out the false promise of marrying her and that this constituted rape.
The reason given by the Court for reducing Rai's sentence is that he 'redeemed himself' by passing the IAS entrance examination. We, the undersigned, wish to point out that merely qualifying for the IAS cannot be a ground for reduction of sentence in a crime as heinous as rape. This is clear from the fact that cases of rape have been known to be committed by 'qualified' as well as 'unqualified' persons. The stated reason is in fact indicative of a class-bias towards educated persons. The judgment also reveals a patriarchal bias as it undermines the seriousness of the offence of rape. Rape is a violent assault that has its genesis in an assertion of power and is a violation of the personal integrity of women. We, therefore, further feel that a person convicted of rape should under no circumstances be allowed to become an administrative officer in any field. How can such a person be entrusted with ensuring the safety of women and the implementation of the laws of the land? We re-iterate that passing of the examination cannot be construed as a 'Special Reason' for reduction of the minimum sentence for rape.
The judgment sets an extremely retrograde and wrong precedent. We register our strong protest against it and urge upon you to review the judgment.
We are,
Yours sincerely,
Dr. Vina Mazumdar, National Research Professor of Social Sciences, GOI
Prof. Romila Thapar, Professor Emeritus, JNU
Dr. (Captain) Lakshmi Sehgal
Prof. Zoya Hasan, Dept. of Political Science, JNU & Member, National Commission for Minorities
Dr. Mary E. John, Director, Centre for Women's Development Studies
Dr. Indu Agnihotri, Centre for Women's Development Studies
Ms. Subhashini Ali, President, All India Democratic Women's Association
Ms. Sudha Sundararaman, General Secretary, AIDWA
Ms. Mohini Giri, Chairperson, Guild of Service
Dr. Jyotsna Chatterji, Director, Joint Women's Programme
Prof. Upendra Baxi, University of Warwick, UK & former Vice Chancellor, Delhi University.
Prof. Muchkund Dubey, President, Council for Social Development, New Delhi
Mr. Mukul Dube, Delhi, Freelance editor, writer, photographer
Ms. Ela R. Bhatt, Founder, SEWA
Ms. C.P. Sujaya, retired Additional Chief Secretary, Himachal Pradesh.
Ms. Nirmala Buch, IAS, Retired Secretary, Rural Development, Government of India.
Ms. Sumi Krishna, Former President, Indian Association for Women's Studies
Dr. Mohan Rao, Professor, Centre of Social Medicine and Community Health, JNU
Dr. Vasudha Dhagamwar, Hon. Advisor, MARG, Delhi & Chairperson PRAKRITI
Ms. Kalyani Menon-Sen, Gurgaon
Dr. Shakti Kak, Director, Indian School of Women's Studies and Development
Ms. Jayashree Bora, Women's Legal Forum
Ms. Kamla Bhasin, Advisor, Sangat.
Dr. Charu Gupta, Fellow, Nehru Memorial Museum and Library
Ms. Sunanda Rabindranathan, Consultant, Population Council
Dr. Bijayalaxmi Nanda, Senior lecturer, Department of Political Science, Miranda House, Delhi University
Dr. Saradamoni, formerly with Indian Statistical Institute
Dr. S. Anandalakshmy, Advisor on Child Dev. & Education, and President, Bala Mandir Research Foundation, Chennai
Dr. Kumkum Roy, Centre for Historical Studies, JNU
Prof. Jayati Ghosh, Centre for Economic Studies & Planning, JNU
Prof. Rajni Palriwala, Dept. of Sociology, Delhi School of Economics, Delhi University
Ms. Omita Goyal, Publishing Director, Taylor & Francis Books India Pvt. Ltd.
Dr. Radhika Chopra, Reader, Department of Sociology, University of Delhi
Ms. Mrinal Pande, Journalist, author and currently chief editor of Hindi Daily Hindustan
Dr. Bina Agarwal, Prof. of Economics, Institute of Economic Growth, Delhi University
Dr. Meera Velayudhan, Senior Analyst, Centre for Environment & Social Concern, Ahmedabad
Dr. Debal K. Singha Roy, Professor of Sociology, School of Social Sciences, IGNO
Ms. Indira Chakravarty, Member, Food Authority, Govt. of India.
Dr Manjeet Bhatia, Faculty, Women's Studies & Development Centre, Uni. of Delhi
Dr. Maithreyi Krishnaraj, former Director, SNDT Women's University, Mumbai
Prof. Imrana Qadeer (Retd.) formerly with Centre for Social Medicine and Community Health, JNU
Dr. (Ms) M.K. Jabbi, Director, Council for Social Development, New Delhi
Dr. Sharada Nayak, Educational Resources Centre, New Delhi
Ms. Kameshwari Jandhyala, Educational Resource Unit, Hyderabad
Prof. Nargis Panchapakesan (Retd. from Department of Education, DU)
Dr. Mala Khullar, Independent Consultant & Co-Editor, Asian Journal of Women's Studies
Prof. Geetha B. Nambissan, Zakir Hussain Centre for Educational Studies, JNU
Dr. Govind Kelkar, Independent Researcher, Gurgaon
Ms. Rasil Basu, EKATRA
Professor Neera Chandhoke, Deptt. Of Political Science, Delhi University, Delhi
Prof. Karuna Chanana , Zakir Hussain Centre for Educational Studies, JNU (Retd.)
Prof. Suvira Jaiswal, (Retd.) Centre for Historical Studies, JNU
Dr. Patricia Uberoi, Nannerl O. Keohane Distinguished Visiting Professor
Department of Anthropology, University of North Carolina and Hony. Fellow, Institute of Chinese Studies, Delhi
Dr. Surinder Jetley (retd.) formerly Director ,Centre for Women 's Studies , BHU, Varansi
Ms. Pamela Philipose, Women's Feature Service, New Delhi
Dr. Pam Rajput, formerly Director, Centre for Women's Studies, Punjab University
Ms. Kalpana Dasgupta, Ex-Librarian, Central Secretariat
Dr. Aparna Basu, Ex-President, AIWC (Retd.) Department of History, Delhi University
Prof. Prem Chowdhry, Fellow, Nehru Memorial Museum& Library
Dr. Vasanthi Raman, Senior Fellow, Centre for Women's Development Studies
Dr. Sreelekha R. Nair, Centre for Women's Development Studies
Dr. Neetha Narayana Pillai, Senior Fellow, Centre for Women's Development Studies
Dr. Karen Gabriel, Senior Fellow, Centre for Women's Development Studies
Dr. Renu Addlakha, Senior Fellow, Centre for Women's Development Studies
Ms. Shruti Chaudhry, Centre for Women's Development Studies
Ms. Nayana Dasgupta, Lecturer, Lady Shri Ram College.
Prof. Ayesh Kidwai, Professor, JNU
Ms.U. Vasuki, AIDWA
Ms.Soniya Gill, AIDWA
Ms. Pramila Pandhe, AIDWA
Ms. Anna George, NII
72. Ms. Anomita Sen
73. Ms. Chirashree Das Gupta, Patna
74. Dr. Archana Prasad, Jamia Millia Islamia
75. Dr. G. Arunima, JNU
76. Dr. Gail Coelho, Delhi University
77. Dr. Lakshmi Subramanian, Jamia Millia Islamia
78. Dr. Pulapre B, Fellow, Nehru Memorial Museum and Library
79. Dr. Subhanil Chowdhury, Economic Research Foundation
80. Dr. Tejaswini Niranjana, Centre For The Study Of Culture And Society
81. Ms. Jayeeta Bagchi, Jadavpur University (Women Studies)
82. Mr. Kaushik Das Gupta, Centre For Science And Environment
83. Mr. Moggallan Bharti, JNU, Phd Student
84. Ms. Parimal Maya Sudhakar, Ex-Vice President JNUSU
85. Prof Madhu Sahni, JNU
86. Prof. Anuradha Chenoy, JNU
87. Prof. Kamal M. Chenoy, JNU
88. Prof. Rahul Roy, ISI Delhi
89. Professor Kavita Panjabi, Jadavpur University.
90. Ms. Rakhi Ghoshal, Centre For The Study Of Culture & Society, Bengaluru
91. Mr. Saibal Bishnu, Kolkata
92. Ms. Sejuti Dasgupta, JNU, Phd Student
93. Ms. Shruti Parthasarathy
94. Mr. Siddhartha Chakraborti, JNU, Ma Student
95. Mr. Subhash Bose
96. Dr. Kalika Bali, Microsoft Research
97. Mr. Avijit Chakraborty
98. Prof Susan Visvanathan, JNU
99. Prof Geetha Nambissan, JNU
100. Mr. Karmegam Shanmugavel
Dr. Smitha Francis, Principal Economist, Economic Research Foundation (ERF)
Madhvanath, Sriganesh, Senior Research Scientist, HP Labs India
Ms. J. Devika, CDS, Trivandrum
Mr. Sumit Sarkar
Ms. Meena Gupta, IAS (Retd.) Calcutta
Prof. Tanika Sarkar
Ms. Annie Raja, National Federation of Indian Women, New Delhi.
Ms. Chirashree Das Gupta , Centre For Economic Policy and Public Finance .
109. Ms. Saleela Patkar, Farmer & Development Consultant ,Karnataka.
. (Captain) Lakshmi Sehgal
Prof. Zoya Hasan, Dept. of Political Science, JNU & Member, National Commission for Minorities
Dr. Mary E. John, Director, Centre for Women's Development Studies
Dr. Indu Agnihotri, Centre for Women's Development Studies
Ms. Subhashini Ali, President, All India Democratic Women's Association
Ms. Sudha Sundararaman, General Secretary, AIDWA
Ms. Mohini Giri, Chairperson, Guild of Service
Dr. Jyotsna Chatterji, Director, Joint Women's Programme
Prof. Upendra Baxi, University of Warwick, UK & former Vice Chancellor, Delhi University.
Prof. Muchkund Dubey, President, Council for Social Development, New Delhi
Mr. Mukul Dube, Delhi, Freelance editor, writer, photographer
Ms. Ela R. Bhatt, Founder, SEWA
Ms. C.P. Sujaya, retired Additional Chief Secretary, Himachal Pradesh.
Ms. Nirmala Buch, IAS, Retired Secretary, Rural Development, Government of India.
Ms. Sumi Krishna, Former President, Indian Association for Women's Studies
Dr. Mohan Rao, Professor, Centre of Social Medicine and Community Health, JNU
Dr. Vasudha Dhagamwar, Hon. Advisor, MARG, Delhi & Chairperson PRAKRITI
Ms. Kalyani Menon-Sen, Gurgaon
Dr. Shakti Kak, Director, Indian School of Women's Studies and Development
Ms. Jayashree Bora, Women's Legal Forum
Ms. Kamla Bhasin, Advisor, Sangat.
Dr. Charu Gupta, Fellow, Nehru Memorial Museum and Library
Ms. Sunanda Rabindranathan, Consultant, Population Council
Dr. Bijayalaxmi Nanda, Senior lecturer, Department of Political Science, Miranda House, Delhi University
Dr. Saradamoni, formerly with Indian Statistical Institute
Dr. S. Anandalakshmy, Advisor on Child Dev. & Education, and President, Bala Mandir Research Foundation, Chennai
Dr. Kumkum Roy, Centre for Historical Studies, JNU
Prof. Jayati Ghosh, Centre for Economic Studies & Planning, JNU
Prof. Rajni Palriwala, Dept. of Sociology, Delhi School of Economics, Delhi University
Ms. Omita Goyal, Publishing Director, Taylor & Francis Books India Pvt. Ltd.
Dr. Radhika Chopra, Reader, Department of Sociology, University of Delhi
Ms. Mrinal Pande, Journalist, author and currently chief editor of Hindi Daily Hindustan
Dr. Bina Agarwal, Prof. of Economics, Institute of Economic Growth, Delhi University
Dr. Meera Velayudhan, Senior Analyst, Centre for Environment & Social Concern, Ahmedabad
Dr. Debal K. Singha Roy, Professor of Sociology, School of Social Sciences, IGNO
Ms. Indira Chakravarty, Member, Food Authority, Govt. of India.
Dr Manjeet Bhatia, Faculty, Women's Studies & Development Centre, Uni. of Delhi
Dr. Maithreyi Krishnaraj, former Director, SNDT Women's University, Mumbai
Prof. Imrana Qadeer (Retd.) formerly with Centre for Social Medicine and Community Health, JNU
Dr. (Ms) M.K. Jabbi, Director, Council for Social Development, New Delhi
Dr. Sharada Nayak, Educational Resources Centre, New Delhi
Ms. Kameshwari Jandhyala, Educational Resource Unit, Hyderabad
Prof. Nargis Panchapakesan (Retd. from Department of Education, DU)
Dr. Mala Khullar, Independent Consultant & Co-Editor, Asian Journal of Women's Studies
Prof. Geetha B. Nambissan, Zakir Hussain Centre for Educational Studies, JNU
Dr. Govind Kelkar, Independent Researcher, Gurgaon
Ms. Rasil Basu, EKATRA
Professor Neera Chandhoke, Deptt. Of Political Science, Delhi University, Delhi
Prof. Karuna Chanana , Zakir Hussain Centre for Educational Studies, JNU (Retd.)
Prof. Suvira Jaiswal, (Retd.) Centre for Historical Studies, JNU
Dr. Patricia Uberoi, Nannerl O. Keohane Distinguished Visiting Professor
Department of Anthropology, University of North Carolina and Hony. Fellow, Institute of Chinese Studies, Delhi
Dr. Surinder Jetley (retd.) formerly Director ,Centre for Women 's Studies , BHU, Varansi
Ms. Pamela Philipose, Women's Feature Service, New Delhi
Dr. Pam Rajput, formerly Director, Centre for Women's Studies, Punjab University
Ms. Kalpana Dasgupta, Ex-Librarian, Central Secretariat
Dr. Aparna Basu, Ex-President, AIWC (Retd.) Department of History, Delhi University
Prof. Prem Chowdhry, Fellow, Nehru Memorial Museum& Library
Dr. Vasanthi Raman, Senior Fellow, Centre for Women's Development Studies
Dr. Sreelekha R. Nair, Centre for Women's Development Studies
Dr. Neetha Narayana Pillai, Senior Fellow, Centre for Women's Development Studies
Dr. Karen Gabriel, Senior Fellow, Centre for Women's Development Studies
Dr. Renu Addlakha, Senior Fellow, Centre for Women's Development Studies
Ms. Shruti Chaudhry, Centre for Women's Development Studies
Ms. Nayana Dasgupta, Lecturer, Lady Shri Ram College.
Prof. Ayesh Kidwai, Professor, JNU
Ms.U. Vasuki, AIDWA
Ms.Soniya Gill, AIDWA
Ms. Pramila Pandhe, AIDWA
Ms. Anna George, NII
179.Ms. Anomita Sen
180.Ms. Chirashree Das Gupta, Patna
181.Dr. Archana Prasad, Jamia Millia Islamia
182.Dr. G. Arunima, JNU
183.Dr. Gail Coelho, Delhi University
184.Dr. Lakshmi Subramanian, Jamia Millia Islamia
185.Dr. Pulapre B, Fellow, Nehru Memorial Museum and Library
186.Dr. Subhanil Chowdhury, Economic Research Foundation
187.Dr. Tejaswini Niranjana, Centre For The Study Of Culture And Society
188.Ms. Jayeeta Bagchi, Jadavpur University (Women Studies)
189.Mr. Kaushik Das Gupta, Centre For Science And Environment
190.Mr. Moggallan Bharti, JNU, Phd Student
191.Ms. Parimal Maya Sudhakar, Ex-Vice President JNUSU
192.Prof Madhu Sahni, JNU
193.Prof. Anuradha Chenoy, JNU
194.Prof. Kamal M. Chenoy, JNU
195.Prof. Rahul Roy, ISI Delhi
196.Professor Kavita Panjabi, Jadavpur University.
197.Ms. Rakhi Ghoshal, Centre For The Study Of Culture & Society, Bengaluru
198.Mr. Saibal Bishnu, Kolkata
199.Ms. Sejuti Dasgupta, JNU, Phd Student
200.Ms. Shruti Parthasarathy
201.Mr. Siddhartha Chakraborti, JNU, Ma Student
202.Mr. Subhash Bose
203.Dr. Kalika Bali, Microsoft Research
204.Mr. Avijit Chakraborty
205.Prof Susan Visvanathan, JNU
206.Prof Geetha Nambissan, JNU
207.Mr. Karmegam Shanmugavel
208.Dr. Smitha Francis, Principal Economist, Economic Research Foundation (ERF)
209.Madhvanath, Sriganesh, Senior Research Scientist, HP Labs India
210.Ms. J. Devika, CDS, Trivandrum
211.Mr. Sumit Sarkar
212.Ms. Meena Gupta, IAS (Retd.) Calcutta
213.Prof. Tanika Sarkar
214.Ms. Annie Raja, National Federation of Indian Women, New Delhi.
215.Ms. Chirashree Das Gupta , Centre For Economic Policy and Public Finance .
216. Ms. Saleela Patkar, Farmer & Development Consultant ,Karnataka.