A Warrior for Justice Denied Her Own: Bhanwari Devi’s Unresolved Battle and a Blot on the Judiciary


 


It's 2024, and we're still fighting for justice, clinging to the hope that justice will eventually prevail. But aren't we expecting too much from our judiciary? It's been, what, a month? And we already expect justice from the same system where even after 30 years, justice remains elusive for so many. Shocking, right?  

But that’s exactly the case in Bhanwari Devi’s pursuit of justice—a story that would make anyone’s blood boil. Yet, we must remain calm because, apparently, violence against the criminal is considered a heinous crime in our country—perhaps one of the most heinous.

 

The Incident that Shook the Nation

 

 In 1992, Bhanwari Devi, a grassroots worker under the Women’s Development Programme in Rajasthan, dared to challenge the norm by attempting to stop a child marriage in her village. In retaliation, five men from different castes, outraged by her defiance, gang-raped her in front of her husband. What followed was not just a brutal violation of her body but a tragic indictment of India's justice system.

From the beginning, Bhanwari faced immense resistance. Local police refused to register the case properly, and there was deliberate tampering with medical reports. Despite the glaring evidence, the courts decided to side with a deeply flawed rationale—one that insulted common sense and basic human decency.

 

 The Court’s Pathetic Argument: A Blot on Justice  


In 1995, the Rajasthan trial court shockingly acquitted all five accused. The court’s reasoning was both absurd and offensive—

it claimed that men from different castes could not have conspired together to commit rape. This caste-based logic insulted not only Bhanwari's trauma but also questioned the intelligence of every citizen seeking justice.In a country where caste divides have often perpetuated violence, it is laughable and tragic that the court found unity in crime to be impossible among men from different backgrounds.  

This illogical argument, combined with the deliberate sabotage of the investigation, ensured that Bhanwari was denied her rightful justice.Bhanwari’s husband, a supportive figure throughout her ordeal, passed away in 2013, still awaiting justice for his wife. The dream of seeing the perpetrators punished was never fulfilled. Bhanwari, despite her invaluable contribution to women’s rights, has faced nothing but prolonged suffering and systemic failure.

 

Vishakha Guidelines: A Victory for Women, But Not for Her

 

Despite her personal tragedy, Bhanwari’s case led to a significant victory for women across India. The Vishakha Guidelines, established in 1997, mandated the prevention of sexual harassment at workplaces and laid the groundwork for the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This change empowered women in professional spaces across the country, providing legal recourse against harassment. But for Bhanwari, the battle remains unfinished.

Her selfless fight for the greater good of society earned her admiration, but her personal sacrifice—her dignity, her family’s hope for justice—remains unaddressed.

 

A Parallel to the RG Kar Hospital Case

The failures in Bhanwari Devi’s case remind us of the broken nature of India’s justice system—a system where justice seems to favor the powerful and neglect the marginalized. Even today, as we look at the horrifying case of the rape and murder of a doctor in RG Kar Medical College, we see similar patterns. The investigation has been marred with allegations of tampering, missing forensic evidence, and a lack of DNA testing for suspects. Like Bhanwari, this case too seems to be spiraling into a narrative where the truth risks being buried under a mountain of incompetence and possible corruption.

 

What Does Justice Mean?

 While Bhanwari Devi fought for justice and became a beacon of hope for women across the nation, the justice she personally sought remains elusive. Her case is a powerful reminder of the work that remains unfinished, and as the nation awaits justice in the RG Kar Medical College case, one wonders—how many more lives will be scarred before the system delivers? How long will heroes like Bhanwari Devi, who serve justice for others, be denied their own?Bhanwari’s story is more than a blot on the judiciary; it is a call for reform, accountability, and true justice.



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