Survivor stands tall, system falls short

The judgment of the trial court in the case about the abduction and rape of a leading actress in the Malayalam film industry raises many questions about the delivery of justice, women’s safety, and judicial and social attitudes concerning them. The principal sessions court in Ernakulam, Kerala, on December 8, acquitted actor Dileep, who was accused of the conspiracy behind the rape, and convicted six others who were accused of the crime. The judgment comes after eight years of investigation and trial, which were marked by obstructionist and delaying tactics allegedly employed by the accused actor. The case was unprecedented because it involved a rape committed by paid criminals. The survivor’s decision to identify herself and pursue the case was also unprecedented. It shook the Malayalam film industry and touched emotional chords across society, giving rise to empathy, revulsion, anger, and introspection, and raised questions about justice and women’s safety and honour. 

The judgment has not given satisfactory answers to these questions. The court did not find evidence of the alleged conspiracy. The charge of criminal conspiracy is difficult to prove in courts. But there was enough material in the public realm and facts brought out by the investigation, which pointed to the conspiracy to punish the survivor for reasons considered to be personal. As the trial progressed, the survivor and the prosecution sought a change of judge as they thought the judge was not receptive to their case. There were reported adjournments, and the prosecution felt it was not allowed to present evidence. Two prosecutors resigned, claiming that they could not function effectively. There was alleged destruction of evidence on which the court did not act. As many as 28 witnesses turned hostile, and there was even a seemingly convincing claim of a money trail from the alleged mastermind to the first accused who perpetrated the rape.

It is widely believed that there was a serious miscarriage of justice in the case, and the victim of criminal sexual assault also became the victim of an insensitive judicial process. She was also attacked and vilified in a smear campaign. The Kerala government has announced that it would appeal the judgment. The case led to the government ordering an inquiry into sexual abuse and harassment in the Malayalam film industry. The Hema Committee report threw light on the misogynistic and exploitative situation in the film industry. The assault also led to the formation of the Women in Cinema Collective, and a better awareness of women’s rights and needs in the industry. The judgment has led to affirmation of support for the survivor from large sections of society, but also the digging in of patriarchal elements that always supported the acquitted star.