Ayesha Fathima under attack for unsavoury observations in JH rape case

HYDERABAD: Hyderabad Juvenile Justice Board member Ayesha Fatima came under sharp criticism for her observations in the infamous Jubilee Hills gangrape case that the accused might have been lured by the “welcoming approach” of the victim. Despite that, Fatima defended her opinion.

Fatima was also of the view that the accused might not have the knowledge of the legal consequences as they do not have legal education. When contacted, she told Deccan Chronicle that she had formed the opinion based on her interaction with the five children in conflict with the law (CCL). Asked if her observations might reflect on the victim and favour the accused, Fatima said, “I have given my opinion based on whatever I had observed and noted during my interaction with them.”

Significantly, the observation of the principal magistrate of the Juvenile Board that whether the victim lured the CCL or not is an issue of fact and cannot be determined at this stage is said to have highlighted the lack of understanding of the issue by the board member.

Advocate Neeli Arjun Kumar, condemning the member’s observations, said, “It is unfortunate that the board member is expressing an opinion as a layperson. One must definitely know the legal principle that ignorance and lack of awareness of the law cannot be an excuse. Apart from that, how can the board member come to the conclusion that the accused may have been lured by the welcoming approach of the victim. It is similar to comments by hypocritical people that rapes are increasing because of women clothing.”

Besides legal professionals, women activists and psychologists questioned Fatima’s approach and expressed concern that her opinion would add to the trauma of the victim.

Activist Devi said, “In the board member’s opinion, a girl invites rape on herself, that too a gangrape, one evening while the lights are still on and in a public parking place. It is a very insensitive remark. Why do we select such insensitive persons for such boards, who don’t know what they are talking about? Boards and commissions have become political rehabilitation centres. The member must be thrown out of the board immediately and booked under the Pocso Act for victimising the victim and being influenced by power politics.”

Yamuna Pathak, a consulting psychologist, opposed the idea that a rape victim victim luring a CCL.

She said, “Irrespective of luring or not luring, as per the law the victim is a minor. Anything which happens with or without the will of a minor is unlawful. How do they (board member) define a welcoming approach? It is not about how a girl is dressed. It is about the attitude and mindset of men. Even babies as young as nine months old are being raped. This is a question of the modesty of a girl. Any kind of abuse is abuse. We can only speak in the language of law and the victim is a minor and she has been exploited severely. There is no question of will here.”