Bharatpedia - User contributions [en]

Child sexual abuse laws in India

2021-07-05T16:51:29Z

2409:4056:E15:68F6:45DC:E057:896D:C063: /* Legal Aid */

{{Use dmy dates|date=February 2018}}
{{EngvarB|date=February 2018}}
{{Courts of India}}
'''Child sexual abuse laws in India''' have been enacted as part of the [[child protection]] policies of [[India]]. The [[Parliament of India]] passed the 'Protection of Children Against Sexual Offences Bill (POCSO), 2011' regarding [[child sexual abuse]] on 22 May 2012 into an Act.<ref name="ChildLineIndia">{{Cite web|url=https://www.childlineindia.org.in/Child-Sexual-Abuse-and-Law.htm|title=Child Sexual abuse and law|website=ChildLineIndia|publisher=Dr.Asha Bajpai}}</ref><ref>{{cite news |title=Parliament passes bill to protect children from sexual abuse |url=http://www.ndtv.com/article/india/parliament-passes-bill-to-protect-children-from-sexual-abuse-214437 |publisher=[[NDTV]] |date=22 May 2012 }}</ref><ref name="test1">[https://sites.google.com/site/keralamedicolegalsociety/home-1/important-laws-and-rules/pcasa-act-2012-1/html The Protection of Children from Sexual Offences Act, 2012] Kerala Medico-legal Society website</ref> The rules formulated by the government in accordance with the law have also been notified on the November 2012 and the law has become ready for implementation.<ref>[http://www.gangothri.org/?q=node/1 Law for Protecting Children from Sexual Offences]</ref> There have been many calls for more stringent laws.<ref>{{cite news|url=http://www.dnaindia.com/mumbai/report_activists-bemoan-lack-of-laws-to-deal-with-child-sexual-abuse_1465900|title=Activists bemoan lack of laws to deal with child sexual abuse|newspaper=[[DNA India]]|date=13 November 2010|accessdate=14 May 2012|last=Taneja|first=Richa}}</ref><ref>{{cite web|url=http://www.indianexpress.com/news/need-stricter-laws-to-deal-with-child-abuse/774959/ |title=Need stricter laws to deal with child abuse cases: Court |work=The Indian Express |date=12 April 2011 |accessdate=14 May 2012}}</ref>

India has one of the largest population of [[Children and adolescents in India|children]] in the world - Census data from 2011 shows that India has a population of 472 million children below the age of eighteen.<ref>{{Cite web|url=http://www.censusindia.gov.in/2011census/population_enumeration.html|title=Census of India Website : Office of the Registrar General & Census Commissioner, India|website=www.censusindia.gov.in|access-date=2018-09-28}}</ref><ref>{{Cite web|url=https://www.indiatoday.in/magazine/cover-story/story/20171113-human-trafficking-minor-girls-west-bengal-jharkhand-child-and-women-development-1077354-2017-11-03|title=Human trafficking for sex: Thousands of girls live in slavery while society remains silent|last=Punj|first=Shweta|date=3 November 2017|website=India Today|access-date=13 December 2018}}</ref> Protection of children by the state is guaranteed to Indian citizens by an expansive reading of Article 21<ref>{{Cite web|url=https://indiankanoon.org/doc/1199182/|title=Article 21 in The Constitution Of India 1949|website=indiankanoon.org|access-date=2018-09-28}}</ref> of the Indian constitution, and also mandated given India's status as signatory to the UN [[Convention on the Rights of the Child]].

==Law Before the 2012 legislation was passed==
Goa Children's Act, 2003,<ref>{{cite web|url=http://www.childlineindia.org.in/child-sexual-abuse-law-and-lacuna.htm |title=Childline India Foundation : Documents – Cause ViewPoint – Child Sexual Abuse – The Law and the Lacuna |publisher=Childlineindia.org.in |date=19 January 2010 |accessdate=14 May 2012}}</ref> was the only specific piece of child abuse legislation before the 2012 Act. Child sexual abuse was prosecuted under the following sections of [[Indian Penal Code]]:
* I.P.C. (1860) 375- Rape
* I.P.C. (1860) 354- Outraging the modesty of a woman
* I.P.C. (1860) 377- Unnatural offences

However, the IPC could not effectively protect the child due to various loopholes like:
* IPC 375 doesn't protect male victims or anyone from sexual acts of penetration other than "traditional" peno-vaginal intercourse.
* IPC 354 lacks a statutory definition of "modesty". It carries a weak penalty and is a compoundable offence. Further, it does not protect the "modesty" of a male child.
* In IPC 377, the term "unnatural offences" is not defined. It only applies to victims penetrated by their attacker's sex act, and is not designed to criminalise sexual abuse of children.

==The Protection of Children from Sexual Offences Act ==
=== Offences under the Act ===
The Protection of Children from Sexual Offences Act, 2012 was enacted to provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography, while safeguarding the interest of the child at every stage of the judicial process. The framing of the Act seeks to put children first by making it easy to use by including mechanisms for child-friendly reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.

The new Act<ref name="test2">[https://sites.google.com/site/keralamedicolegalsociety/home-1/important-laws-and-rules/pcasa-act-2012-1 The Protection of Children from Sexual Offences Act, 2012] pdf</ref> provides for a variety of offences under which an accused can be punished.

It recognises forms of penetration other than penile-vaginal penetration<ref name="test3">[https://sites.google.com/site/keralamedicolegalsociety/home-1/important-laws-and-rules/pcasa-act-2012-1/chapter-2-sexual-offences-against-children The Protection of Children from Sexual Offences Act, 2012] Chapter 2</ref> and criminalises acts of immodesty against children too. Offences under the act include:
* Penetrative Sexual Assault: Insertion of penis/object/another body part in child's vagina/urethra/anus/mouth, or asking the child to do so with them or some other person
* Sexual Assault: When a person touches the child, or makes the child touch them or someone else
* Sexual Harassment: passing sexually coloured remark, sexual gesture/noise, repeatedly following, flashing, etc.
* Child Pornography
* Aggravated Penetrative Sexual Assault/ Aggravated Sexual Assault

The act is gender-neutral for both children and for the accused. With respect to pornography, the Act criminalises even watching or collection of pornographic content involving children.<ref name="test4">[https://sites.google.com/site/keralamedicolegalsociety/home-1/important-laws-and-rules/pcasa-act-2012-1/chapter-3-using-child-for-pornographic-purposes-and-punishment-therefor The Protection of Children from Sexual Offences Act, 2012] Chapter 3</ref>
The Act makes abetment of [https://www.launchora.com/story/protect-vulnerable-from-abuse-child-sexual-a child sexual abuse] an offence.<ref name="test5">[https://sites.google.com/site/keralamedicolegalsociety/home-1/important-laws-and-rules/pcasa-act-2012-1/chapter-4-abetment-of-and-attempt-to-commit-an-offence The Protection of Children from Sexual Offences Act, 2012] Chapter 4</ref>

=== Child-friendly process ===
It also provides for various procedural reforms,<ref name="test6">[https://sites.google.com/site/keralamedicolegalsociety/home-1/important-laws-and-rules/pcasa-act-2012-1/chapter-5-procedure-for-reporting-of-cases The Protection of Children from Sexual Offences Act, 2012] Chapter 5</ref><ref name="test7">[https://sites.google.com/site/keralamedicolegalsociety/home-1/important-laws-and-rules/pcasa-act-2012-1/chapter-6-procedures-for-recording-statement-of-the-child The Protection of Children from Sexual Offences Act, 2012] Chapter 6</ref><ref name="test8">[https://sites.google.com/site/keralamedicolegalsociety/home-1/important-laws-and-rules/pcasa-act-2012-1/chapter-7-special-courts The Protection of Children from Sexual Offences Act, 2012] Chapter 7</ref><ref name="test9">[https://sites.google.com/site/keralamedicolegalsociety/home-1/important-laws-and-rules/pcasa-act-2012-1/chapter-8-procedure-and-powers-of-special-courts-and-recording-of-evidence The Protection of Children from Sexual Offences Act, 2012] Chapter 8</ref> making the tiring process of trial in India considerably easier for children. The Act has been criticised as its provisions seem to criminalise consensual sexual intercourse between two people below the age of 18. The 2001 version of the Bill did not punish consensual sexual activity if one or both partners were above 16 years.<ref>{{Cite news|url=http://www.thehindu.com/opinion/editorial/good-act-bad-provision/article3456804.ece|title=Good act, bad provision|date=26 May 2012|work=[[The Hindu]]|accessdate=9 September 2014}}</ref>

=== Child Welfare Committee ===
A sexually abused child is considered as "child in need of care and protection" under Juvenile Justice (Care and Protection of Children) Act, 2015. <ref> http://cara.nic.in/PDF/JJ%20act%202015.pdf, Section 2(14)</ref> Police officer should therefore inform the Child Welfare Committee about every case under the Act within 24 hours. <ref> Section 19 </ref> CWC can appoint a support person for the child who will be responsible for psycho-social well-being of the child. This support person will also liaise with the police, and keep the child and child's family informed about progress in the case. Reporting can be done through toll free number 1098. <ref> http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=284&lid=722 Rule 4(7) </ref>

=== Contention around implementation of Protection of Children from Sexual Offences Act ===

==== Definition of child ====
The Act defines a child as a person under the age of 18 years. However, this definition is a purely biological one, and doesn't take into account people who live with intellectual and psycho-social disability.

A recent case in SC has been filed where a woman of biological age 38yrs but mental age 6yrs was raped. The victim's advocate argues that "failure to consider the mental age will be an attack on the very purpose of act." SC held that the Parliament has felt it appropriate that the definition of the term “age” by chronological age or biological age to be the safest yardstick, rather than referring to a person having mental retardation. The court said while awarding maximum compensation to a rape victim who is 38 years old with a mental maturity of 6 to 8 years but rejecting the plea that the victim's age should be taken not just in physical terms, but also take into account her mental age as well.

The victim suffers from cerebral palsy.<ref>{{cite web |last1=Mahapatra |first1=Dhananjay |title=POCSO: Is a 40-year-old woman with mental age of six entitled to compensation under POCSO? |url=https://timesofindia.indiatimes.com/india/is-a-40-year-old-woman-with-mental-age-of-six-entitled-to-compensation-under-pocso/articleshow/57441310.cms |website=The Times of India |accessdate=6 June 2019 |language=en |date=3 March 2017}}</ref><ref>{{cite web |title=Does 'age' encompass mental age? |url=https://www.thehindu.com/opinion/op-ed/does-age-encompass-mental-age/article17436626.ece |website=The Hindu |accessdate=6 June 2019 |language=en-IN |date=10 March 2017}}</ref>

==== Contradiction with the [[Medical Termination of Pregnancy Act (1971)|Medical Termination of Pregnancy Act, 1971]] ====
The Protection of Children from Sexual Offences Act was passed to strengthen legal provisions for the protection of children below 18 years of age from sexual abuse and exploitation. Under this Act, if any girl under 18 is seeking abortion the service provider is compelled to register a complaint of sexual assault with the police. However, under the Medical Termination of Pregnancy Act, it is not mandatory to report the identity of the person seeking an abortion. Consequently, service providers are hesitant to provide abortion services to girls under 18.

==== Mandatory Reporting ====
According to the Act, every crime of child sexual abuse should be reported. If a person who has information of any abuse fails to report, they may face imprisonment up to six months or may be fined or both. <ref>Section 20</ref> Many child rights and women rights organisation has criticised this provision.<ref>{{Cite web|url=https://www.legallyindia.com/views/entry/mandatory-reporting-under-pocso-are-we-ready|title=Mandatory Reporting Under POCSO: Are We Ready?|last=JILSblog|website=www.legallyindia.com|language=en-gb|access-date=2019-08-20}}</ref> According to experts, this provision takes away agency of choice from children. There may be many survivors who do not want to go through the trauma of criminal justice system, but this provision does not differentiate. Furthermore, mandatory reporting may also hinder access to medical aid, and psycho-social intervention. It contradicts the right to confidentiality for access to medical, and psychological care.

==== Legal Aid ====
Section 40 of the Act allows victims to access legal aid. However, that is subject to Code of Criminal Procedure. In other words, the lawyer representing a child can only assist the Public Prosecutor, and file written final arguments if the judge permits. Thus, the interest of the victim often go unrepresented. <ref>{{Cite web|url=https://priyangee.com/?p=40|title=India’s justice system hardly cares about what the victim wants, and this must change|last=Priyangee|date=2018-05-18|website=Law{{!}} Human rights{{!}} Education|language=en-US|access-date=2019-08-20}}</ref>
The subject of sexual brutality can be additionally concentrated in more detail. Nonetheless, in the investigation I tracked down that the social reaction will compress the specialists and further exploration should be possible on the social fights in India, which can be of any sort.
Sexual brutality pandemic in India: Assault cases multiplied in most recent 17 years. The assault weakness for young ladies or ladies is twice today to what it was 17 years prior, as per information given by the Public Wrongdoing Records Department.

==== Consent ====
The law presumes all sexual act with children under the age of 18 is sexual offence. Therefore, two adolescent who engage in consensual sexual act will also be punished under this law. This is especially a concern where adolescent is in relationship with someone from different caste, or religion. Parents have filed cases under this Act to 'punish' relationships they do not approve of <ref>{{Cite web|url=http://www.tarshi.net/inplainspeak/voices-love-and-sex-in-the-time-of-the-pocso-act-2012/|title=Love and Sex in the Time of the POCSO Act, 2012 • In Plainspeak|date=2014-06-01|website=In Plainspeak|language=en-US|access-date=2019-08-20}}</ref> This section has been amended by Supreme court judement that two citizens above age 16 can engage in consensual sex.

==See also==
*[[Child sexual abuse]]
*[[Law of India]]
*[[Child Sexual Abuse in India]]
*[[Ministry of Women and Child Development]]
*[https://www.childlineindia.org/ CHILDLINE 1098]

==References==
{{Reflist}}

==External links==
* [http://wcd.nic.in/act/protectionbill.pdf Protection of Children Against Sexual Offences Bill, 2011]

{{Indian legislations}}

[[Category:Child welfare in India]]
[[Category:Child sexual abuse in India|Laws]]
[[Category:Sex laws in India]]
[[Category:Children's rights in India|Sexual Abuse Laws]]

Ajmer rape case

2021-07-05T16:21:28Z

2409:4056:E15:68F6:45DC:E057:896D:C063: /* Incident */

{{Unencyclopædic tone|date=May 2021}}
{{More citations needed|date=May 2021}}{{short description|Coerced sexual exploitation case in Rajasthan, India}}
{{Use dmy dates|date=August 2018}}
{{Use Indian English|date=August 2018}}
{{Rape}}
{{Political corruption sidebar}}

In 1992, the '''Ajmer Serial Gang Rape & Blackmailing Case''' was one of India's biggest cases of coerced sexual exploitation.<ref name="mid-day1992">{{cite web|author=IANS Date: 2012-01-04 Place: Jaipur |url=http://www.mid-day.com/news/2012/jan/041211-Accused-in-1992-Ajmer-sex-scandal-case-arrested.htm |title=Accused in 1992 Ajmer sex scandal case arrested |publisher=Mid-day.com |date=2012-01-04 |access-date=2013-05-13}}</ref> The incidents occurred in [[Ajmer]], a city in the state of [[Rajasthan]]. The scandal involved hundreds of young girls, some college students some still in schools. The news of the scandal broke after a local paper, ‘Navjyoti’ published some nude images and a story which spoke about school students being blackmailed by local gangs.<ref>{{Cite web|date=February 16, 2018|title=Main accused in Ajmer sex scandal surrenders after 26 years |url=https://timesofindia.indiatimes.com/city/jaipur/main-accused-in-ajmer-sex-scandal-surrenders-after-26-years/articleshow/62938690.cms|access-date=2020-06-12|website=The Times of India|language=en}}</ref>

The investigation of the case was stalled by police under political pressure as the main accused, Farooq Chishtee was president of the Ajmer [[Indian Youth Congress]].<ref>{{Cite web|last1=December 26|first1=VIJAY KRANTI|last2=October 15|first2=2012 ISSUE DATE|last3=July 30|first3=1992UPDATED|last4=Ist|first4=2013 16:39|title=Murder of Ajmer daily editor exposes sordid sex scandal involving criminals, politicians|url=https://www.indiatoday.in/magazine/crime/story/19921015-murder-of-ajmer-daily-editor-exposes-sordid-sex-scandal-involving-criminals-politicians-767014-2012-12-26|access-date=2021-05-02|website=India Today|language=en}}</ref> Eventually, 18 serial offenders were charged in the court. Eight were convicted for life and 4 among them were later acquitted in 2001.<ref>{{Cite web|date=2018-02-25|title=Almost three decades after a rape, blackmail case rocked Ajmer, surrender of an accused opens old wounds|url=https://indianexpress.com/article/india/rajasthan-almost-three-decades-after-a-rape-blackmail-case-rocked-ajmer-surrender-of-an-accused-opens-old-wounds-5076914/|access-date=2020-06-12|website=The Indian Express|language=en}}</ref>

"The accused were in a position of influence, both socially and financially, and that made it even more difficult to persuade the girls to come forward and depose," says retired Rajasthan D.G.P. Omendra Bhardwaj, who was then posted as the deputy inspector general of police, Ajmer.<ref name=sc11/> Supreme Court noted in this case, "Unfortunately many of the victims who appeared as witnesses turned hostile and one can appreciate the reason why they did not want to depose against the appellants as that would have exposed them as well, and would have adversely affected their future life."<ref name=sc11/> The case has been compared to the [[Rotherham child sexual exploitation scandal]].{{fact|date=March 2020}}

== Incident ==
The blackmail operation was discovered to be a chain of serial offenders. A specific group of local influential men were targeting young girls. First, Farooq Chistee trapped one of the girls from Sophia Senior Secondary school, Ajmer and took obscene photos of her.<ref>{{Cite web|title=एक-एक कर फार्महाउस पर बुलाया, 100 लड़कियों का रेप किया|url=https://www.thelallantop.com/tehkhana/ajmer-rape-case-infamous-rape-case-in-indian-history/|access-date=2021-01-25|website=LallanTop - News with most viral and Social Sharing Indian content on the web in Hindi|language=hi}}</ref> Then the accused blackmailed the girl into familiarising them to her classmates and friends. Eventually, other girls would be raped, sexually exploited and have their pictures taken at a farmhouse.<ref>{{Cite web|title=एक-एक कर फार्महाउस पर बुलाया, 100 लड़कियों का रेप किया|url=https://www.thelallantop.com/tehkhana/ajmer-rape-case-infamous-rape-case-in-indian-history/|access-date=2021-01-25|website=LallanTop - News with most viral and Social Sharing Indian content on the web in Hindi|language=hi}}</ref> The cycle continued so forth. The gang continued to expand its operations and victimise an increasing number of girls. They photographed the girls in compromising positions, using the images to exploit the victims.<ref name="outlookindia1">{{cite web|url=http://news.outlookindia.com/items.aspx?artid=746397 |archive-url=https://archive.is/20130630024643/http://news.outlookindia.com/items.aspx?artid=746397 |url-status=dead |archive-date=2013-06-30 |title=Ajmer Sex Scandal: Accused Nabbed After 19 Years |publisher=news.outlookindia.com |date= |access-date=2013-05-13 }}</ref>

In 1992, the Ajmer assault case was probably the greatest instance of forced sexual abuse. Most blamed were from Ajmer Dargah for Moinuddin Chishti.
The shakedown activity was found to be a chain of chronic wrongdoers. A particular gathering of neighborhood powerful men were focusing on little youngsters. First Farooq Chisti caught one of the young ladies from Sophia Senior Optional school, Ajmer and took foul photographs of her. At that point the denounced extorted the young lady into family emerging them to her cohorts and companions. At last, different young ladies would be assaulted, explicitly misused and have their photos taken at a farmhouse. The pack kept on extending its activities and casualty an expanding number of young ladies. They shot the young ladies in trading off positions, utilizing the pictures to misuse the people in question. The manager of Navjyoti, Deenbandhu Chaudhary, had conceded that the neighborhood law authorization specialists knew about the outrage nearly since a year prior to the story broke, yet they permitted the nearby lawmakers to slow down the examinations. At long last, the police stopped a FIR against eight of the denounced. Further examinations prompted 18 men altogether being charged and pressures ran intense in the town for a few days.
Individuals rampaged to dissent and public strain developed. A three-day bandh was noticed and much ensuing information on the far reaching abuse and coercion began coming in. Resigned Rajasthan DGP Omendra Bhardwaj, who was the delegate monitor general of police in Ajmer around then, expressed that the social and monetary privileged of the charged prevented a lot more casualties from approaching. Another terrible acknowledgment was that a large number of the people in question, being youthful and defenseless, had effectively ended it all.
What followed next was another adventure of political impact and regulatory ineptitude. The case is still a long way from being shut. Numerous casualties who should be observers, turned unfriendly. The smell of social shame and ostracisation was terrible to such an extent that young ladies of the town were summed up as being survivors of the group. The quantity of casualties was accepted to be a few hundred.
A couple of the casualties approached. The circumstance was awful to the point that planned grooms, who should wed young ladies from Ajmer, would come to workplaces of papers, attempting to see whether the young lady they planned to wed was one of them. Anant Bhatnagar, state general secretary, Individuals' Association for Common Freedoms and an inhabitant of Ajmer said that individuals used to say if the young lady was from Ajmer, they would have to discover what sort of young lady she was.
Charged blamed : Just for 18 denounced accused of kidnapping and assault were Muslims, essentially from the tribe of guardians of sufi holy place of Ajmer Sharif Dargah of Moinuddin Chishti. Principle blamed Farooq Chishty was president for the Ajmer Youth Congress. Nafis Chishty was the VP of Ajmer Indian Public Congress (INC) and Anwar Chishty was the joint secretary of INC. Moijullah pseudonym Puttan, Ishrat Ali, Anwar Chishty and Shamshuddin false name Meradona were additionally condemned by the court. Absconder Suhail Chishty covered up for a very long time before gave up 26 years after the fact. Absconder Salim Chishty was captured in 2012. Another fundamental denounced, Alamas, is as yet slipping off.
Preliminary: As indicated by the police and ladies centered NGOs, it was hard to fabricate a body of evidence against the culprits, as most casualties were hesitant to approach. Notwithstanding, the photos and recordings used to extort the casualties distinguished the denounced and assemble the body of evidence against them. Thirty casualties were distinguished in the examinations; out of these, just around twelve recorded cases, and ten later retreated. Just two casualties sought after the case. Of the 18 denounced that were accused of kidnapping and assault under the Indian Reformatory Code and Revolting Portrayal of Ladies (denial), one has since ended it all. In 2013, the Rajasthan High Court maintained the choice however it diminished the time of the sentence from life detainment to the time frame previously served by him.
In 2004, the High Court excused the two bids documented by the state, just as the convicts. A seat including Equity N. Santosh Hegde and Equity BP Singh said having respect to current realities and conditions of the case, we are of the view that the closures of equity would be met if the sentence is diminished to ten years thorough detainment.
The majority of the casualties were from wealthy families and some of them were girls of IAS and IPS officials. The most upsetting piece of the terrible case has been the peaceful enduring of the people in question. After the assault, most casualties experienced badgering and dangers, with no help from society or their families. As indicated by police examinations, around 6 casualties supposedly ended it all. Ajmer Mahila Samooh, who attempted to take up the casualty's motivation, pulled out in the wake of accepting dangers. Modest sensationalist newspapers were a significant sensation in Ajmer around then. As though the mass misuse of many young ladies was not a sufficient hit to the town's heart, numerous casualties were even supposedly extorted further by these sensationalist newspapers and neighborhood papers. They approached the express pictures of the young ladies, and the proprietors and distributers looked for cash from the groups of the young ladies to keep them covered up. can't be reliant on the social and the monetary status of the person in question or the charged and the race, rank, statement of faith of the blamed can't be thought about. Joshi governed, Corruption of their character is reflected from the way that the charged delighted in the demonstration. They didn't carry out the wrongdoing under any coercion or impulse. They had appreciated the demonstration. This was a case, where the denounced were totally unmerited. The adjudicator additionally rubbished the safeguard's cases that the casualties had endured no actual wounds. The adjudicator question whether such entries caused it to seem like the blamed had done some foundation by letting her leave healthy. The adjudicator further controlled, This court had a chance to comprehend the injury as she reviewed them at the hour of her declaration in the court.

== Investigation ==
The editor of Navjyoti, Deenbandhu Chaudhary,<ref>{{cite web|url=https://www.indiatoday.in/magazine/crime/story/19921015-murder-of-ajmer-daily-editor-exposes-sordid-sex-scandal-involving-criminals-politicians-767014-2012-12-26|title=Murder of Ajmer daily editor exposes sordid sex scandal involving criminals, politicians|website=India Today}}</ref> had admitted that the local law enforcement authorities were aware of the scandal almost since a year before the story broke, but they allowed the local politicians to stall the investigations.

Chaudhary stated that finally, they decided to go ahead with the story because that seemed to be the only way to prod the local administration into action. Finally, the police lodged an FIR against eight of the accused. Further investigations led to 18 men in total being charged and tensions ran high in the town for several days.

People took to the streets to protest and communal tension grew. A three-day bandh was observed and much subsequent news of the widespread exploitation and blackmail started coming in. Retired Rajasthan DGP Omendra Bhardwaj,<ref name=sc11>{{cite news|url=https://indianexpress.com/article/india/rajasthan-almost-three-decades-after-a-rape-blackmail-case-rocked-ajmer-surrender-of-an-accused-opens-old-wounds-5076914/|title=Almost three decades after a rape, blackmail case rocked Ajmer, surrender of an accused opens old wounds|date=25 February 2018|newspaper=The Indian Express|access-date=2 August 2018|first=Deep|last=Mukherjee}}</ref> who was the deputy inspector general of police in Ajmer at that time stated that the social and financial aristocracy of the accused stopped many more victims from coming forward. Another grim realisation was that many of the victims, being young and vulnerable, had already committed suicide.

What followed next was another saga of political influence and administrative incompetence. The case is still far from being closed. Many victims who were supposed to be witnesses, turned hostile. The stink of social stigma and ostracisation was so bad that girls of the town were generalised as being victims of the gang. The number of victims was believed to be several hundred.

Only a few of the victims came forward. The situation was so bad that prospective grooms, who were supposed to marry girls from Ajmer, would come to offices of newspapers, trying to find out if the girl they were going to marry was one of ‘them’. Anant Bhatnagar, state general secretary, People’s Union for Civil Liberties and a resident of Ajmer said that people used to say if the girl was from Ajmer, they would need to find out what kind of girl she was.

The Rajasthan police's Special Operations Group (SOG) arrested Saiyed Saleem Chishtee, 42, one of the accused from Khalid Mohalla in Ajmer town on 04 January 2012.<ref name="mid-day1992" />

== Charged accused ==
All of 18 accused charged with abduction and gang rape belonged to the clan of caretakers of [[Chishti Order|sufi shrine]] of [[Ajmer Sharif Dargah]] of [[Moinuddin Chishti]]. Main accused Farooq Chishtee was president of the [[Indian Youth Congress|Ajmer Youth Congress]]. Nafis Chishtee was the vice-president of [[Indian National Congress|Ajmer Indian National Congress]] and Anwar Chishtee was the joint secretary of Ajmer Indian National Congress. Moijullah alias Puttan, Ishrat Ali, Anwar Chishtee and Shamshuddin alias Meradona were also sentenced by the court. Absconder Suhail Chishtee hid for 26 years before surrendered 26 years later. Absconder Salim Chishtee was arrested in 2012. Another main accused, Alamas, is still absconding.<ref>{{Cite web|date=2018-02-25|title=Almost three decades after a rape, blackmail case rocked Ajmer, surrender of an accused opens old wounds|url=https://indianexpress.com/article/india/rajasthan-almost-three-decades-after-a-rape-blackmail-case-rocked-ajmer-surrender-of-an-accused-opens-old-wounds-5076914/|access-date=2020-06-15|website=The Indian Express|language=en}}</ref>

== Trial ==
According to the police and women-focused [[NGO]]s, it was difficult to build a case against the perpetrators, as most victims were reluctant to come forward. However, the photographs and videos used to blackmail the victims helped identify the accused and build the case against them.

Thirty victims were identified in the investigations; out of these, only about a dozen filed cases, and ten later backed out. Only two victims pursued the case. Of the 18 accused who were charged with abduction and gang-rape under the Indian Penal Code and Indecent Representation of Women (prohibition), one has since committed suicide. In 2013, the Rajasthan High Court upheld the decision though it reduced the period of the sentence from life imprisonment to the period already served by him.

In 2004, the Supreme Court dismissed both appeals filed by the state, as well as the convicts. A bench comprising Justice [[N. Santosh Hegde]] and Justice BP Singh said "having regard to the facts and circumstances of the case, we are of the view that the ends of justice would be met if the sentence is reduced to ten years rigorous imprisonment.<ref>{{cite web|url=https://timesofindia.indiatimes.com/city/jaipur/main-accused-in-ajmer-sex-scandal-surrenders-after-26-years/articleshow/62938690.cms|title=Main accused in Ajmer sex scandal surrenders after 26 years - Times of India|publisher=}}</ref>

== Victims ==
Most of the victims were from well to do families and some of them were daughters of IAS and IPS officers.<ref>{{Cite web|url=https://www.thelallantop.com/tehkhana/ajmer-rape-case-infamous-rape-case-in-indian-history/|title=एक-एक कर फार्महाउस पर बुलाया, 100 लड़कियों का रेप किया|website=LallanTop - News with most viral and Social Sharing Indian content on the web in Hindi|language=hi|access-date=2019-12-21}}</ref> The most disturbing part of the horrific case has been the quiet suffering of the victims. After the rape, most victims experienced harassment and threats, with no support from society or their families. According to police investigations, about 6 victims allegedly committed [[Suicide in India|suicide]]. Ajmer Mahila Samooh, who tried to take up the victim's cause, withdrew after receiving threats. Small-time tabloids were quite a sensation in Ajmer at that time. As if the mass exploitation of hundreds of girls was not enough of a blow to the town’s conscience, many victims were even allegedly blackmailed further by these tabloids and local papers. They had access to the explicit images of the girls, and the owners and publishers sought money from the families of the girls to keep them hidden.

== Aftermath ==
The incident shocked the entire country. People took to the streets to protest and communal tension grew.<ref>{{Cite web|date=2018-02-25|title=Almost three decades after a rape, blackmail case rocked Ajmer, surrender of an accused opens old wounds|url=https://indianexpress.com/article/india/rajasthan-almost-three-decades-after-a-rape-blackmail-case-rocked-ajmer-surrender-of-an-accused-opens-old-wounds-5076914/|access-date=2020-06-12|website=The Indian Express|language=en}}</ref> A three-day bandh was observed and much subsequent news of the widespread exploitation and blackmail started coming in.<ref name=vk1>{{Cite web|last=Kranti|first=Vijay|title=Murder of Ajmer daily editor exposes sordid sex scandal involving criminals, politicians|url=https://www.indiatoday.in/magazine/crime/story/19921015-murder-of-ajmer-daily-editor-exposes-sordid-sex-scandal-involving-criminals-politicians-767014-2012-12-26|orig-date=October 15, 1992|date=July 30, 2013|access-date=2020-06-12|website=India Today|language=en}}</ref> The police were also criticised for not acting even after having information about the ongoing sexual abuses. It had also stalled the case because the local politicians warned action against the accused would lead to massive communal tension.<ref name="sc11" />

Musabbir Hussain, joint secretary of the Anjuman Committee which oversees the Ajmer Dargah, told [[Indian Express]] ''"It’s a case that nobody in Ajmer wants to talk about because of the nature of the crime. It’s a blot on our city’s history."''<ref name="sc11" />

== See also ==
* [[Rape in India]]
* [[List of scandals in India]]

== References ==
{{Reflist}}

=== Sources ===
* {{cite web|url=http://www.telegraphindia.com/1040203/asp/nation/story_2854279.asp |title=The Telegraph - Calcutta : Nation |publisher=Telegraphindia.com |date=2004-02-03 |access-date=2013-05-13}}

{{Social issues in India}}
{{Sexual abuse}}
{{Rape in India}}

[[Category:Gang rape in India]]
[[Category:Violence against women in India]]
[[Category:Scandals in India|*List]]
[[Category:Corruption in India]]
[[Category:Sex scandals]]
[[Category:Crime in Rajasthan]]
[[Category:1992 crimes in India]]
[[Category:History of Ajmer]]
[[Category:Incidents of violence against girls]]