Chief Justice of India (CJI) BR Gavai has said that the Supreme Court has failed its citizens at times, but the vigilance of civil society and courage of ordinary people have kept the judiciary accountable over the years. According to the Chief Justice, the top court's 1979 verdict in the Tukaram vs State of Maharashtra case, where the two policemen accused of raping a young tribal girl inside a police station were acquitted, was a "moment of institutional embarrassment" when the judiciary failed to protect citizens' dignity.
Delivering the 30th Justice Sunanda Bhandare Memorial Lecture, CJI Gavai said the verdict, which acquitted two policemen accused of raping a young tribal girl inside a police station, showed that “women's rights are part of a universal struggle for human dignity.”
The top court, at the time, accepted the policemen's defence that the girl consented, as there were no visible signs of resistance.
What Was The Case?
The case refers to the custodial rape of a young Adivasi woman on 26 March 1972 inside the Desaiganj Police Station in Maharashtra's Gadchiroli district. The young (14-16 years) orphan tribal girl used to live with one of her brothers. She occasionally worked as a domestic helper for a woman named Noshi.
Noshi's nephew, Ashok, wanted to marry the victim, but her brother opposed the match. He went to the local police station to file a complaint, alleging that Ashok and his family kidnapped the girl, claiming she was a minor.
The police brought all parties to the station for questioning at around 9 pm and later allowed them to leave.
As they were about to go, the officers asked the victim to stay behind, while her relatives were told to wait outside.
Inside the station, the victim was raped by two policemen, Tukaram and Ganpat. When her family and villagers threatened to burn down the police outpost, the accused reluctantly filed a panchnama (official record of evidence).
Doctors found no visible injuries on the girl, but the examination confirmed an old hymenal rupture and semen on her clothes.
Legal Action
In 1974, a sessions court acquitted the policemen, saying the victim consented since she was “habituated to sexual intercourse.”
The Bombay High Court overturned the verdict, holding that submission out of fear was not consent, and sentenced the policemen to imprisonment.
In 1979, the Supreme Court reversed the High Court's decision and again acquitted the accused. It ruled that the victim had not raised an alarm and had no visible injuries, suggesting no resistance, and therefore, no rape.
Aftermath
The verdict triggered nationwide outrage. Four law professors, Upendra Baxi, Lotika Sarkar, Raghunath Kelkar, and Vasudha Dhagamwar, wrote an open letter to the Supreme Court, condemning its reasoning on consent and submission.
The case sparked India's modern women's rights movement. Groups like the Forum Against Rape (later Forum Against Oppression of Women) and Saheli were formed, pushing Parliament to pass the Criminal Law Amendment Act, 1983, which overhauled rape laws.
The law introduced Section 114A of the Evidence Act, presuming a lack of consent if the survivor said so, and expanded Section 376 of the IPC to include custodial rape. It also ensured in-camera trials, protection of the survivor's identity, and shifted the burden of proof to the accused once intercourse was established.
Track Latest News Live on NDTV.com and get news updates from India and around the world
