By Shrutika Harshada Bhanushali
BLS LLB IBSAR SCHOOL OF LAW
MATHURA RAPE CASE 26/03/1972
Also known as Tukaram and Another v. State of
Maharashtra, 15 September, 1978
Equivalent citations: 1979 AIR 185, 1979 SCR (1) 810
Abstract.
Mathura custodial rape case . Rape that changed the
rape laws .the case where whole nation failed to protect the safety of women
.Nations most devastating and disturbing incident Mathura rape case this
incident left the country stunned .In 1972 a young tribal girl Mathura was brutally rapped by the two uniformed
police officers in the police station .this rape had a very crucial turning
point. The brother of girl went to do something good for her loving sister.
Mathura a 16 year old girl who received
a marriage proposal from a person named Ashok but Mathura being minor her
brother denied & went to lodge complaint but the faith was written
differently here. the place where people request for help whether its a
civil, criminal or social issue. Well the police were denying the registration
of child marriage case and on that day Mathura was asked to stay and her
family, relatives were informed to wait outside the police chowky and the Ashik
and relatives pary were asked to go home and no case was lodged .Two policemen
named, Ganpat & Tukaram allegedly raped the minor girl child Mathura. The
turning point in this case is, the findings through medical evidences stafirst
feminist group in India against rape, “Forum Against Rape”, later renamed
“Forum Against Oppression of Women” (FAOW). A national conference was organised
by FAOW which started the debate for legal reforms. Issues of violence against
women and the difficulty of seeking judicial help in sexual crimes was
highlighted after the aquitannce , there was public outcry and protests across
the . Hence the criminal law was amnded on 1983 new rules were set for justice
. However, the court stated that no locus standi (legal standing) Was present in
the case to rule in favour to Mathura.] Eventually this led to Government of
India amending the rape laws A number of women’s group were formed as a direct
response to the judgment, including Saheli in Delhi, and prior to that in
January 1980, Lotika Sarkar, was also involved in the formation of the first
feminist group in India against rape, “Forum Against Rape”, later renamed
“Forum Against Oppression of Women” (FAOW). A national conference was organised
by FAOW which started the debate for legal reforms. Issues of violence against
women and the difficulty of seeking judicial help in sexual crimes was
highlighted by the women’s movement. at last In September 1979, only a few days
after the verdict was pronounced, law professors Upendra Baxi, Raghunath Kelkar
and Lotika Sarkar of Delhi University and Vasudha Dhagamwar of Pune wrote an
open letter to the Supreme Court, protesting the concept of consent in the judgment.
"Consent involves submission, but the converse is not necessarily
true...From the facts of case, all that is established is submission, and not
consent...Is the taboo against pre-marital sex so strong as to provide a
license to Indian police to rape young girls. Then there was public outcry and
protests by women’s organizations who demanded a review of judgement that
received extensive media coverage. So, Mathura rape case was a monumental one
as it changed both legal and social perspective Leading to reforms in the
Indian rape laws. The case is seen as turning point in women right’s Movement in
India, as it led to just greater awareness of women’s legal rights issue,
oppression, And patriarchal mindsets. A number of women’s organizations soon
came forth across India. Previously, rape misjudgments or acquittals would go
unnoticed, but after the new rape law, Women’s movement against rape gathered
force and organization supporting rape victims and Women’s rights advocates
came to the fore to give justice to women.
Facts of the case
Gama lodged
a report at the Police station On
26 of March 1972 .the fir was
lodged against the Nunshi and her husband and ashok for kidnapping Mathura The report
was filled by Head Constable Baburao, . He called all three person whom
against the complainant was filled along with Mathura at police station at
about 9 p.m.
and the Statements of Ashok and
Mathura were recorded about 10 pm . After the statements were recorded t all
three were asked to . The Mathura was asked to stay back alone at the Police
station. After that ganpat appellant no 1 took Mathura to latrine and he rapped
her twice . thereafter the second appellant caressed her body and private parts
but he couldn’t rape her because he was highly intoxicated by alcohol. Mathura alone was asked to stay back at police
station and rest were waiting outside it
took more than normal time to come back so they got worried and suspicious so
they started shouting and gathered crowd outside the police station and the
complainant was logged for the charges of rape on ganpat and tukaram (appellant
1 and 2 respectively) Mathura was thereafter examined by Dr. Shastrakar .Doctor
stated no injury , old Ruptures on hymen were present, vaginal admission was
two fingers (which shows she is habitual) No traces of semen in the public
hair and other vaginal parts under chemical examination ,the age estimated
by the doctor was between 14 – 16 years . The semen was present on the clothes
of Mathura .
• Argument
1- The notion of ‘authority.
2- testimony of the victim.
3- what criminal law states
4- Gender biases , caste biases
5- defination
of rape . To study the fact what is
consent or submission
In Mathura case she surrendered her body under passive
submission which amounts to take and not consent . New amendment after this
case include ’Submissive dies not mean consent
Act.- Indian Penal
Code Sec. 375- `A man is said to commit “rape” who except in the case
hereinafter excepted, has sexual intercourse with a woman under circumstances
falling under any of the five following
.1.-Against her
will.
2.-Without her consent.
3.-With her consent, when her consent has been
obtained by putting her in fear of death, or of hurt.
4..-With her consent, when the man knows that he is
not her husband, and that her consent is given because she believes that he is
another man to whom she is or believes herself to be lawfully married.
5.-With or without her consent, when she is under
sixteen years of women.
Conclusion : Mathura rape case It
changed the whole perspective and set new rules and laws for sexual violence
against women. Some unfair judgements in the case were the perspective of our judges
towards a tribal girl clearly indicates the patriarchy mindset ,gender biasness
, caste biasness, This is one of the most important cases in the country,
because the protests that followed the verdict, forced some important changes
in rape laws in India. Mathura, a young tribal woman, was raped by two
constables within the premises of the Desai Ganj Police Station in Chandrapur
district of Maharashtra. The Sessions court judge found the accused not guilty.
The reasoning behind this was (believe it or not) that Mathura was habituated
to sexual intercourse. This, according to the judge, clearly implied that the
sexual act in the police station was consensual.
Reference:
https://pldindia.org/wp-content/uploads/2013/03/Open-Letter-to-CJI-in-the-Mathura-Rape-Case.pd
