It is unfortunate that the two medical examinations failed to conclusively and categorically state that the rape as legally defined was committed on the hapless women. The reports state the vaginal smear and swab have been preserved for further examination. This may later provide additional information and evidence. On the basis of the present evidence as recorded in the medical reports, however, no one is left in doubt that the nuns were subjected to sexual assault and violent acts of molestation.
The point is not whether in legal terms rape has been committed or not, but that there was a deliberate and well-planned attack on innocent women who had taken to celibacy to serve the poor and weaker sections of our society. Even if the nuns through sheer will power and inner strength staved off the perverse sex maniacs from carrying out their shameful act to its logical end, the intensity of the crime is in no way diminished and the sense of outrage in no way softened.
Conclusion
The facts of the case as they have emerged during the investigation of NCW do not throw any conclusive light on the motive that led the gang to commit the rape of the four nuns, women who are dedicated to the social and educational upliftment of the people of the very area. Nevertheless it should be stated that it does not appear to be a simple case of lust and loot. The commission's interaction with the various parties including the victims, the villagers, the NGOs, the church personnel and the district administration left it with little doubt that the tribals could have,, on an impulse, indulged in such reprehensible crime towards their benefactors, particularly nuns who are known to lead a life of piety and religiosity.
The Commission did not find any trace of hostility among the villagers towards the Sisters. They were, one and all, deeply hurt and regretful about the occurrence. In the Commission's view, therefore, it becomes necessary not only to apprehend the culprits but, more importantly, to go deeper into the circumstances that led to the miscreants indulging in this crime and to find out whether there are outside forces trying to create social and communal tensions in an otherwise placid climate of mutual trust which exists among the people and the church.
In this context, the Commission is particularly perturbed and deeply concerned at the statement of Vishwa Hindu Parishad carried in The Hindu of September 29, justifying the savage attacks on Christian missionaries in Jhabua (and Baghpat) on the ground that they were the result of the 'anger of patriotic Hindu youth against anti-national forces.' If there is any nexus between the communal forces (represented by this statement) and the rapists, the Commission would like to condemn it with all the force at its command and ask the state government to take the sternest action against all concerned.
It should immediately expose the forces which not only try to destabilise the social and communal peace but use women to drive home their point by committing the worst violence against their total personhood. The commission wants to take this opportunity to correct the misinformation about the nuns and all other church officials in the area by stating that they are Indian citizens and not 'foreign missionaries' as has been alleged in the above statement. Christianity as a religion has been established in India since the first century and in its two millenium existence it has been nurtured by Indian ethos and values and has got rooted in the Indian soil.
The Commission also wants to place on record the total cooperation of the state government at every step of its investigation.
Recommendations
The commission strongly feels that heinous crimes such as rapes should not be used as tools by political parties to suit their purposes and vested interests. A rape is a rape; it is an experience which shakes the very foundations of the lives of the victims and should be treated as such. While crimes against women need to be continuously highlighted in the media, attempts to sensationalise them should cease.
The commission expects that the ongoing magisterial inquiry would probe into the motives that lie behind such a heinous act and that it would inspire confidence among minority communities, not only in Madhya Pradesh but all over India. But given the complexity of the issue the Commission is of the considered view that in order to unravel the multi-layered dimensions of the case, a judicial inquiry should be ordered side by side.
The Commission holds the view, that social workers and voluntary organisations who work for social upliftment in the remote areas of the country should, first of all, be provided adequate security by their own organisations. Missionaries who often work in remote and far-flung areas should establish foolproof security systems for their own welfare and protection. In the event of the slightest necessity, they should call upon the sttate administration for augmenting their security. In this regard the Commission feels that it was imprudent on the part of the Church authorities to have allowed four young women to work in such a remote area with less than minimum security.
The Commission has observed that though the local police acted promptly in registering the FIR, there was unnecessary delay in conducting the medical examination of the unfortunate victims. Perhaps, the delay was due to the sequence of events beyond the control of the police, as was explained to the team. The Commission, however, feels that the police should have provided the minimum legal assistance to the rape victims as directed by the Supreme Court in its judgment dated October 19, 1994, in Delhi Domestic Women Workers Forum Vs Union of India and Others. (JT 1994 (7) S.C. 183). Gender sensitisation for the police has already been undertaken by the Commission. This should be given top priority in all states considering the enormity of this particular crime and the fact that the police is continuously dealing with it.
The commission found the doctors who conducted the first medical examination lacking both in sensitivity and competency. The Commission was concerned that their understanding of the meaning of rape was inconsistent with its Medico-Legal definition. Therefore, the Commission will undertake to develop a module for doctors conducting MLCs which may be taught by forensic experts, legal practitioners, psychologists and gender specialists. This module may be made a component of their training.
The Commission recommends that the forensic examination of rape victims be made available within 72 hours of the occurrence of the crime.
The Commission holds that whenever a rape is investigated, the report should be given within the time limit prescribed in the CrPC, ie, three months or earlier. Trial in rape cases should be completed within one year. Life imprisonment should be awarded to the culprits. All this needs to be done while the crime remains fresh in the public memory.
Tell us what you think of this report
Observations