Gujarat..!
In a shocking and deeply disturbing incident from Gujarat, a 35-year-old man, Shailesh Rathod, who was previously arrested for raping a 70-year-old woman, allegedly assaulted her again twice after being released on bail. This case has sparked outrage across the country, bringing attention to the loopholes in the criminal justice system and the need for better protection mechanisms for survivors of sexual violence.
The Incident
The alleged assaults occurred on December 15 and December 22, 2024, in a small village in Gujarat’s Bharuch district. According to reports, Rathod targeted the same elderly survivor, attacking her at her hut located in a farm area. The survivor, who had already endured the trauma of the first incident approximately 18 months ago, was subjected to further violence and threats by Rathod.
After the repeated assaults, the survivor courageously reported the incidents to the local police in Amod. She informed them about the threats made by Rathod, which were aimed at silencing her. The police have since registered a case and launched a manhunt for the accused, who is currently absconding.
Background: The First Case
Rathod’s initial arrest was linked to the rape of the same 70-year-old woman nearly a year and a half ago. Despite the gravity of the charges, he was granted bail earlier in 2024. This decision has raised serious concerns about the criteria used to grant bail to individuals accused of such heinous crimes.
The survivor had attempted to move on from the trauma of the first assault, but the lack of adequate protection and monitoring allowed Rathod to commit the crime again. This case highlights a significant gap in the legal and judicial processes aimed at safeguarding survivors of sexual violence.
Legal and Social Implications
The Bharuch case has ignited widespread debates over the following issues:
1. Bail Provisions
The granting of bail to Rathod, despite the severity of the charges, has led to questions about the existing bail framework in India. Legal experts argue that in cases of sexual violence, especially those involving vulnerable individuals like the elderly, courts must exercise greater caution before granting bail.
2. Survivor Protection
The recurrence of the assault underscores the failure to provide adequate protection for survivors. While laws like the Protection of Women from Domestic Violence Act exist, their implementation remains inconsistent, leaving many survivors vulnerable to further harm.
3. Judicial and Law Enforcement Gaps
The incident also exposes the gaps in the coordination between judicial decisions and law enforcement. Once a suspect is released on bail, there is often little to no monitoring of their activities, leaving survivors exposed to potential retaliation or repeat offenses.
Public and Expert Reactions
The incident has sparked widespread outrage, with activists, legal experts, and citizens condemning the failure to protect the survivor. Women’s rights activist Kavita Krishnan stated, “This is a tragic reminder of the systemic gaps in our justice system. Survivors need more than just legal redress; they need comprehensive protection.”
Gujarat Court’s Senior lawyer Vrinda Grover emphasized the need for judicial reforms, particularly in the context of bail for serious offenses. “We need a framework that prioritizes the safety of survivors over the convenience of the accused. Granting bail in such cases should come with stringent conditions and regular monitoring.”
Police Response
The Amod police have formed special teams to apprehend Rathod. Authorities have also assured the public that they are taking the case seriously and will ensure that the accused is brought to justice. However, this assurance does little to alleviate concerns about the systemic issues that allowed such a crime to occur in the first place.
The Way Forward
This horrifying incident has once again highlighted the urgent need for reforms in the criminal justice system to:
- Reevaluate Bail Criteria: Gujarat Courts must adopt stricter guidelines for granting bail in cases of sexual violence, taking into account the risk of reoffense and the safety of survivors.
- Strengthen Survivor Protection: Law enforcement must ensure that survivors are provided with adequate security, including regular police check-ins and access to support services.
- Implement Monitoring Mechanisms: Advanced technologies, such as electronic tracking devices for those released on bail, should be considered to prevent reoffending.
- Raise Awareness: Community-based initiatives to educate citizens about the importance of supporting survivors and reporting crimes can help create a safer environment.
Conclusion
The case of Shailesh Rathod and the repeated assaults on a 70-year-old survivor is a grim reminder of the systemic failures within India’s criminal justice system. While the courage of the survivor in reporting the crime is commendable, her ordeal underscores the need for urgent action to address these gaps. Justice must not only be delivered swiftly but must also include measures to ensure the safety and dignity of survivors. Only then can such atrocities be prevented, and faith in the legal system restored.
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