New Delhi: Activist Harsh Mander, Swaraj India president Yogendra Yadav, former IAS officer Kannan Gopinathan and the Pinjra Tod collective were among many who took to Twitter Friday to demand the release of activists Kalyani Badola and Tanmay Nivedita who have been in jail for the past 15 days in Bihar’s Araria district.
Badola and Nivedita, from Araria-based NGO Jan Jagran Shakti Sanghtan (JJSS), had accompanied a gang rape survivor to record her statement in a civil court of the district. All three women were arrested and sent to jail on charges of obstructing court proceedings while recording the statement.
While the 22-year old gang rape survivor was granted bail on 17 July, Araria Chief Judicial Magistrate Anand Kumar Singh refused bail to the two social workers. The duo has since been lodged at a prison in Samastipur, around 225 km away from Araria.
Soon after tweets demanding their release started circulating Friday, the hashtag #FreeTanmay #FreeKalyani began trending on Twitter.
“It’s 15 days in jail for Tanmay and Kalyani for standing with a gang rape survivor. Shouldn’t the High Court ask: why no hearing for them so far? Shouldn’t the Supreme Court worry: what message does it give to everyone? (sic),” Yadav wrote.
It's 15 days in jail for Tanmay and Kalyani for standing with a gang rape survivor.
Shouldn't the High Court ask: why no hearing for them so far? Shouldn't the Supreme Court worry: what message does it give to evryone?#FreeTanmay #FreeKalyanihttps://t.co/ftt4FYf9co
— Yogendra Yadav (@_YogendraYadav) July 24, 2020
Gopinathan similarly tweeted saying, “Two young idealistic volunteer friends are languishing in jail for over two weeks now. For the crime of raising their voice for a gangrape victim. Even the gangrape victim was sent to jail. Don’t you dare seems to be the message to citizens. #FreeTanmay #FreeKalyani #Araria.”
Two young idealistic volunteer friends are languishing in jail for over two weeks now. For the crime of raising their voice for a gangrape victim. Even the gangrape victim was sent to jail. Don't you dare seems to be the message to citizens. #FreeTanmay #FreeKalyani #Araria
— Kannan Gopinathan (@naukarshah) July 24, 2020
Mander, meanwhile, said, “Outrageous that 2 activists support a gangrape survivor, & all are arrested. When outrage breaks out, the gangrape survivor is freed. But for 2 weeks, the activists who stood in her defence still behind bars. Is this what justice looks like in Bihar?.”
Outrageous that 2 activists support a gangrape survivor, & all are arrested. When outrage breaks out, the gangrape survivor is freed. But for 2 weeks, the activists who stood in her defence still behind bars. Is this what justice looks like in Bihar? #FreeTanmay & #FreeKalyani https://t.co/D5961pkJ4z
— Harsh Mander (@harsh_mander) July 24, 2020
Pinjra Tod also demanded “justice” for the two activists.
At a time of covid-19 crisis when prisons must be de-congested, activists are being thrown in jail for speaking up, protesting and supporting sexual abuse survivors!
We demand justice not imprisonment!#SunwayiChahiye #FreeTanmay #FreeKalyani pic.twitter.com/jdngMYnx8U
— Pinjra Tod (@PinjraTod) July 24, 2020
Many others also tweeted, asking authorities to release the two women.
It's a travesty that Tanmay and Kalyani have been jailed for standing in solidarity with a gang rape survivor. All of us must support their release and demand justice #FreeTanmay #FreeKalyani #Bihar #Araria
— Ruchi Gupta (@guptar) July 24, 2020
Letters from 376 lawyers, 7,000 individuals, 500+ organizations from 24 states & yet the two caretaker activists of a gang rape survivor are in jail since 2 weeks! Join #SunwayiChahiye Twitter Storm calling for an urgent hearing by the Patna High Court. #FreeTanmay & #FreeKalyani pic.twitter.com/NBk6SF4fgr
— Meera Sanghamitra (@meeracomposes) July 23, 2020
https://twitter.com/Archie_Bhardwaj/status/1286649809298812930
Days after their arrest, 376 lawyers from across the country had written a letter to Patna High Court Chief Justice Sanjay Karol and other judges, demanding “urgent and systematic changes in the treatment of survivors of violent sexual crimes in the Araria district court”.
Also read: No set formula for a woman’s reaction to act of outrage by a man, says Bombay HC
Arrest & FIR
The FIR lodged against the three women states that they had “misbehaved” with the presiding officer. 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.
The complainant had reportedly shown dissent, insisting that one of the activists first read out the statement to her, when the magistrate asked her to sign it. According to the police, no one can accompany a complainant while recording her or his statement in front of a magistrate.
“While recording their statement, the accused trio insulted the presiding officer by misbehaving with him and tried to obstruct the proceedings of the court. The survivor refused to sign the written statement saying that she would not sign until Kalyani and Tanmay have read it,” FIR read.
The FIR further states that the activists had asked for a copy of the survivor’s “recorded statement from the presiding officer and also threatened that they belonged to JJSS”.
The survivor had on 7 July filed a complaint at the Araria women’s police station alleging that she was gang raped on 6 July. She was called to record her statement before the magistrate on 10 July after an FIR was lodged.
Pushkar Kumar, sub-divisional police officer, Araria, told ThePrint, “The one accused whom the girl had properly identified and given the details of has been arrested. She couldn’t provide details on the other four. It is unknown where the other four can be found, and there is also lack of evidence against them.”
Kumar also said the two activists will be released soon after the lockdown ends.
Also read: Navi Mumbai ‘rape’ victim tests Covid-negative, but kept in same quarantine centre as accused
Higher judiciary is currently occupied with.being on the right side of ruling powers. They have all but abdicated their role as upholders of democratic values, liberty and human rights. So it’s futile to expect any proactive intervention from them, at least as long as things remain as they are.