Ambedkar University Delhi Faculty Association (AUDFA is alarmed to hear of and strongly condemns the arrest of a survivor of gang rape along with two social workers (including former AUD student Tanmay Nivedita), at the office of the Judicial Magistrate (1st Class) in Araria, Bihar on 10 July 2020. The arrest was ordered during the course of recording of the survivors’ statement under section 164 CrPC in relation to a case of gang rape which took place just days earlier, on 6 July 2020.
It is further disturbing that the hon’ble court appears to have registered offence at the fact that the survivor sought the presence and support of two social workers prior to actually signing her statement under section 164 CrPC in the said case. The right of a survivor of sexual assault/rape to the presence of caregivers for psychological support is well established and is specifically noted in the Justice Verma Committee Report (2013, Appendix 8). Instead of recognising the right of the survivor to psychological support, the Judicial Magistrate, Araria District, thought it fit to order the arrest of the survivor and the two social workers under sections of the IPC, including 353 and 228, on grounds of “obstructing the work of public servants”.
The absence of sensitivity in dealing with cases of sexual assault, and the unfortunate use of power to discipline a survivor of gang rape for seeking psychological and social support at a time of deep trauma, lays bare the deeply worrisome reality of the functioning of the criminal justice system that survivors of sexual assault face on a regular basis. AUDFA unequivocally condemns these arrests and stands in solidarity with the arrested persons.