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Namma Bengaluru
City in Numbers

59K
T

he fundamental presumption in criminal law is that a person is innocent till

proven guilty beyond reasonable doubt.
Radically, the Justice VS Malimath
Committee on Reforms of Criminal
Justice System, way back in 2003, said that this presumption has to be done away with in order to improve conviction rate.
Fourteen years later, the committees 158 recommendations are yet to be implemented. Senior
counsel and Karnatakas former advocate general
Ravivarma Kumar said that conviction rates in
molestation cases will not go up unless the Justice
Malimath Committee report is implemented.
The Justice Malimath Committee went into this
aspect in a big way and has come out with suggestions to improve quality of administration of justice and better the conviction rate. Its best to implement this report, Kumar said.
The committee proposed a shift from a system
where the prosecution and the defence present
facts before a neutral judge to an inquisitorial system where the court is on the quest for truth.
Unlike the current scenario, where the investigation is led by the police, the committee suggests
that it be carried out under the supervision of a
proactive judge.
In the present system, Kumar points out: the
prosecution machinery does not always rise to the
occasion. There are too many links in the chain
and even if one breaks, its enough to make everything collapse. Former Karnataka police chief,
now a practising advocate, C Dinakar, however, believes low conviction rates is a
more complex issue. The point,
Most victims
however, is for that the accused
turn hostile
should get the benefit of impartial
because
prosecution, he said, adding that
they lose
courts do not prioritise cases under Section 354 and the police is
interest in a
concerned only with VIP securicase that
ty duty. The focus should shift to
humiliatprevention of crimes against
ingly drags
women, he said.
on for years
Pointing out that most victims
turn hostile because they lose interest in a case
that humiliatingly drags on for years without result and want to just return to a normal life. In
quite a few cases, the accused and complainant
have struck a compromise, he said.
Donna Fernandes of womens rights organisation Vimochana said women are forced to reconcile because of a lack of sensitivity and awareness.
The question, she believes, is not about the intensity of the offence but that of an act violating a womans personal space. Currently, such crimes are
trivialised. The system finds reasons to justify the
actions of the accused and force the victim to consider a reconciliation. Even if the case is registered, the law humiliates the victim at every
stage, she explained. Unless we educate ourselves out of this mindset, extend sensitivity towards women, we will never get justice.
While the jury is out on the larger question of perpetrators slipping through the arms of the law,
women who have to confront the reality of molestation on the street every day want to be able to live
fearlessly. Poonam Menon (name changed), 40, a
victim of molestation, suggested some quick fixes.
Identify problematic streets in each ward, report
troublemakers in the area and sensitise neighbours, she said. The thing is to take collective responsibility in collaboration with cops to build a
safe climate throughout the year and not just New
Years Eve, she added.

DRINKAND-DRIVE
CASES
BOOKED IN
2016

POONAM MENON,

xactly a year ago, I battled the

ordeal mirroring the
Kammanahalli molestation
case. I was walking back home at 9
pm after my routine gym workout.
A man on a bike slowed down,
groped me inappropriately and
simply fled. His expert movements
seemed that of a habitual offender.
The split-second nightmare froze
me. Neither could I read the number plate nor could I see the face
masked under the helmet.
At such times, your professional
success becomes meaningless. You
are just a woman with assets. I was
determined to catch the offender.
There are quite a few paying-guest
accommodations in my lane
equipped with surveillance cameras. Just like the Kammanahalli
case victim, I went to the nearby
police station the next morning
armed with private CCTV footage.
Unfortunately, I could not provide
any leads. The footage was inconclusive. I hit a dead-end. The cops
suggested not to file an FIR. They
increased patrolling on my street. I
am single and live alone. Gripped
with fear, I shifted to another residential area. The offender is still
roaming around scot-free.
*Name has been changed
to protect identity
As told to Smita Balram

Will open a CYBER CRIME

POLICE STATION soon to deal
with IT related crime
exclusively. #blrpolice4U

Q&A
PRAVEEN SOOD
City Police Commissioner

If Somebody is
Doing Something
about Molesters,
it is the Police

Seldom do sexually-harassed women get justice thanks to the labyrinthine

criminal justice system. Team ET speaks to experts to find the way forward
FRIDAY FEVER

NO MOLESTATION
CASES IN
ALL-WOMEN
STATIONS

Why are conviction rates so low in cases of

molestation?
Firstly, complainants approach the police after
a lot of delay because of which the evidence
is lost. Of late, we see they approach not the
police but the media. When such things (molestation) happen, the victim is traumatised
and may not recollect anything. And not every
place will have surveillance camera for us to
use it as evidence. In such cases, its difficult
to file a charge-sheet. Even after the chargesheet, most people lose interest perhaps
because our judicial process is very slow.
Complainants eventually lose interest. Some
even move out of the city. Theres also reluctance to file complaints in a molestation. Im not
defending but these are the facts.

hile there are two allwomen police stations

at Halasuru Gate and
Basavanagudi to exclusively investigate crimes against women,
data from the past three years
show that only 1% of their cases
comprised sexual offences. The
other 99% were about dowry harassment and domestic violence.
The Basavanagudi police registered 55 cases in 2016; 70 cases
in 2015 and 57 cases in 2014. The
Halasuru Gate police registered
146 cases in 2016;; 104 cases in
2015 and 102 cases in 2014. All
these were against dowry harassment and domestic violence while
cases related to sexual offences
were just one or two. This could
be because the victim may register
cases in the nearby police station
which usually has about six to
eight women police personnel,
said Anjumala T Nayak, inspector,
Halasuru Gate.

WOMEN WHOVE UNDERGONE THE TRAUMA OF VIOLATION RECOUNT WHY THEY DROPPED THEIR FIGHT

Would I file a
complaint again?
Definitely not.
MANASI
PARESH KUMAR,

n the past few days, a constant question of the trolls

about the New Years incident at MG Road has been: Why
havent the victims filed a report
with the police? Heres why: In
2010, I filed a complaint against
a government official, charging
him with outraging the modesty
of a woman. He had attacked me
on a busy street as I had dared to
question him. Not a single soul

stopped to help me.

I filed a report with the police.
The witnesses, some of who
were my neighbours, and I were
asked to appear in court. My
neighbours refused help when
the police came for statements
and they didnt bother to look
further.
The comedy of errors began at
the court house. I didnt know
who the prosecutor was. He had
no idea why I was there. He kept
searching my file, while asking,
Tell me again, what happened
with you. The judge suggested
we settle out of court. I wanted a
written apology. We were given
another date. At the second
hearing, the witnesses refused
to testify. That was the last day I
was asked to appear in court.

I dont know what the outcome

of the case was. My efforts to follow up went nowhere. An attendant at the court remarked,
Rape victims dont know who
their prosecutors are till the
first day of the hearing, madam.
You are making a mountain of a
mole hill.
It wasnt a difficult case to
prove identity. It happened on a
busy junction, covered by traffic
cameras. There could be a footage of it. Yet the attitude was callous indifference. Would I file a
complaint against a molester
again? Definitely not. I would be
happier to push his teeth to the
back of his head and walk away,
praying he doesnt get his hands
on a bottle of acid.
As told to Ipsita Basu

It is 15 months since my FIR was registered

but no charge-sheet has been filed.
KAJAL S

31, account manager at a

US-headquartered MNC

t started in February 2015. I

was an account manager
in an MNC that was setting
up base in Bengaluru. My work
hours were 6 pm to 3 am. One
working night, I was molested by
one of the directors of the company. I was too startled to tell anyone.
My husband, a freelance photographer, suggested I complain to
the police but I was reluctant.
There were no CCTVs installed
on the office floor and the HR department did not have a single female employee. On what basis

Busy B Weekend Delights in Bengaluru

MUSEUM
Gender, et al.

City-based Bhoomija Trust is presenting Sriyah, an Odissi dance

show by Nrityagram. Choreographed by Odissi exponent Surupa Sen, Sriyah combines solos,
duets and group performances to
a live original score composed by
Pt Raghunath Panigrahi. Starts at
7 pm on January 15 at MLR Convention Centre, JP Nagar. Donor
passes priced at `300.

@CPBlr

Courage of
Conviction

35, former journalist

40, HR professional

Visit This | Dance

Praveen Sood IPS

g
n
i
s
s
i
M

REPORTING MOLESTATION
The CCTV footage
was inconclusive.
I hit a dead-end.
The cops suggested
I do not file an FIR

THE ECONOMIC TIMES | BENGALURU | FRIDAY | 13 JANUARY 2017

Goethe-Institut/Max Mueller
Bhavan is hosting Museum of
Memories, an uncurated installation which will use art film, song
and visuals to respond to issues around gender, violence and
equality. Created by architect and
designer Eduardo da Conceicao in
association with Sandbox Collective as part of the BangaloREsidency Project, it will also have
a booth where people can share
their thoughts and memories. At
Goethe Institute, from 10 am to 5
pm on January 14, 15.

would I file a complaint? I decided

to avoid the perpetrator completely. I was always a part of a group
while at work. But the mental harassment continued. My perpetrator stalked me, stared at me as I
worked. He would sneak up behind my workstation.
Complaining to other directors
and even the US headquarters did
not work. I was forced to come to
work when I was wheelchairbound, recovering after a surgery.
The harassment continued.
Access to my official email id was
blocked without notice.
Without recourse, I approached
womens welfare groups. In
October 2015, I was sacked with-

out notice. I filed a case with the labour court. We have a seven-yearold daughter. We have loans to
repay but no one is giving me a job
until this case gets solved. We are
financially broke and can only
hope that the labour court will
provide us interim relief.
I have written multiple letters
from the Department of Women
and Child Welfare to the National
Council for Women and the PMO.
The buck just keeps getting
passed. It has been 15 months
since my FIR was registered, but
no charge-sheet has been filed yet.
*Name has been changed
to protect identity
As told to Divya J Shekhar

BIENNALE
Chitra Santhe

The 14th edition of Chitra Santhe, the annual mega art

fair which draws thousands of artists and art-lovers alike,
is back. The art bazaar aims to bring art to the public by
showcasing an array of affordable works. Chitra Santhe
2017 will be held between 8 am and 7 pm on January 15
at Chitrakala Parishath, Kumara Krupa Road.

Many women who face sexual

assault choose not to approach
the police. Its important to
respect that choice.
GOPIKA BASHI,

30, Womens Rights Campaigner at Amnesty India

wo years ago, I was

looking to move to
Bengaluru. I set out
contacting real estate brokers. In the process, I got
lewd and suggestive SMSes
from one of them, who I
hadnt met. My first reaction was utter disgust. I
failed to understand how
someone could so confidently send unsolicited
messages of that nature
and, more significantly,
think they could get away
with it. My disgust turned
to worry after I received another message, on
Facebook, from the person.
Thats when I decided report. I was angry that this
person made me feel so
powerless. I wanted him to
know this was not acceptable. At the time, I was
working with police stations in Bengaluru on a
project to ensure women
can report sexual violence
safely with dignity and
without facing prejudice.
So, I built up the courage to
walk into a police station
the very next day.
I wrote a written complaint and the police imme-

diately kicked into action.

They brought the person
in, asked me if I would like
to lodge an FIR, and explained in detail what the
process looked like. I took
some time out and thought
about why I had come. I
eventually decided against
filing an FIR. I was shocked
and exhausted but I felt
that I had been supported,
both by the police and
friends around me. I felt
that he may have understood the consequences of
his actions.
Many women who face
sexual assault choose not to
approach the police. Its important to respect that
choice. Its not always black
or white. Many do not get
heard at all. Last week,
while Bengaluru stood up
against sexual assault, the
National Human Rights
Commission found evidence of tribal women being raped and sexually assaulted by the
Chhattisgarh police. An
FIR was registered only after immense pressure from
local activists and groups.
Women face stigma and
discrimination from their
own community, and in
many cases, from the police
themselves.
As told to Ipsita Basu

ART
Solo Exhibit

What specific measures can the police take

to improve conviction rates?
Again, we need more involvement from the
complainant. I may do anything but courts
work on the basis of evidence. The biggest
evidence is the victims statement. If the
statement gets diluted, so will the case. We
also need speedy disposal of cases. If the trail
happens quickly, then Im sure the conviction
rate will improve. It is not about the duration
of punishment. The certainty of punishment
will be a deterrent. After the Nirbhaya case, the
crime numbers have increased, which does not
mean that more women are getting assaulted.
Dont judge us by the numbers. It only means
that we have become less tolerant and we are
registering even the smallest of cases. I also
see a lot of people talking about the incidents.
Lets condemn the molesters and not the police.
We dont ask the molesters to molest. In fact,
if somebody is doing something about the molesters, its the police. No one does anything.
Do you think that sensitisation of the police
rank and file towards such cases is required?
If so, how to bring that about?
Yes and no. All those Romeos on the roads, the
brothers willing to protect their own sisters but
molest someone elses, and those who think
harassing women makes them real men, need
sensitisation. Where the police needs sensitisation is when it comes to dealing with victims.
We have NGOs who help train our personnel
and its a continuous process. We have 7001,000 policemen joining the department every
year. But police is just the first point of contact
for a victim. Doctors, prosecutors, judges
theres a need for sensitisation at all levels.
Why does the city have only two allwomens police stations Halasuru Gate and
Basavanagudi? And the one in Basavanagudi
does not have an inspector.
Our first task is to reorganise these police
stations. They were started in 1994 and the
workload has accumulated. At present, the
Basavanagudi womens police station handles
complaints from the entire south police division while the Halasuru Gate one covers the
remaining seven divisions. This will change and
will be made more operational. A woman inspector will be deployed at Basavanagudi soon.
The two stations will be renamed as womens
police stations east and west. But cases can
be registered and investigated in any police
station because there are women personnel in
every station. Its not correct to have womenrelated cases going only to the womens police
station. That will segregate society, which
would be a shame. Every male officer should
be able to handle women-related cases.
Interview by Umesh Yadav

MUSIC
World Jazz
Contemporary artist
Astha Butails work will
be on display at GALLERYSKE, Bengaluru,
from January 16 to February 25, 2017. Titled
Locus of Being, the solo
exhibit comprises the
work of the Gurgaonbased artist who has
participated in shows
across India. The opening will be held on January 13 from 7pm to 9pm
at the gallery located at
Langford Town.

As part of its India Tour, Kefaya, an international collective of musicians, is playing at The BFlat Bar in
Indiranagar, from 9 pm on January 13. The group organically combines electronic production and improvisation with influences spanning across Europe, India
and Africa to the Caribbean and the Middle East. Arabic
for enough, Kefaya was the rallying-cry of the Arab
Spring. Entry `400.