On 5th August, 2024 we received a call from a very disturbed mother reporting that her 15-year-old child had been sexually abused by 3 brothers who were owners of her coaching class. The abuse was done individually by each accused, on multiple occasions, over the past two years. Her daughter was undergoing counselling where she reported the abuse to the counsellor who then informed the mother. The mother had contacted another lawyer who told her the case was weak as they did not have sufficient evidence.
Majlis’ First Response team reassured the mother and explained the law and procedure. Even though her daughter was very keen on reporting, the mother was afraid of backlash from the accused. She explained to us that she was recently divorced and she did not want to get into another legal case. She wanted to move out of the area and help her child forget the incident. We informed her about Mandatory Reporting* and also the risk to other girls if she did not report. We assured her of Majlis’ support throughout the process. She was still unsure and told us she would get back.
We immediately called our partner NGO who had referred the case. They were aware of mandatory reporting but had asked the mother to speak to us for clarification. We suggested a joint meeting so we could assure the mother and child in the presence of the counsellor and move forward with the reporting. However, the mother refused and subsequently stopped her daughter’s counselling. The counsellor was extremely scared as now she would have to report the case. We assured her that we would be there at every stage. After much discussion, reassuring seniors and given their other prior commitments, finally on 19th September 2024, the counsellor along with Majlis representatives went to the police station to report the case. What transpires here is nothing short of a nightmare. It is only because of the knowledge of the law, dedication and perseverance of the Majlis team that the case came to be recorded.
The police officer after hearing the incident refused to record the FIR. They insisted on calling the mother and child but their phones were unavailable. We explained mandatory reporting but they told us – what if the child is imagining the incident! We tried in vain to tell them that the mother is refusing to record an FIR and the complainant is the counsellor and is here to report under mandatory reporting. Finally after spending several hours speaking to the Investigating Officer, Sr. Police Inspector and Assistant Commissioner of Police, they agreed to take our application and told us that they would conduct a pre-investigation and get back to us. We obliged even though this is against the law in sexual abuse cases. For the next few days, we continued to follow up with the police as to the action they were taking.
On 24th September the counsellor was summoned to the Child Welfare Committee (CWC). At the CWC we were shocked when the police informed us that they had called the mother and child to the police station and that the mother had given them in writing that she did not wish to record an FIR. The Police asked the CWC to decide the further action. We explained to the police that the CWC does not have the power to decide on the recording of an FIR. The CWC requested us to give the counselling notes to the police for pre-investigation, which we blatantly refused. The CWC finally accepted that they did not have the power and requested us to cooperate with the police.
Losing patience we spoke to the Joint Commissioner of Police and informed him about the blatant violation of the law. He assured us all support and on the next day the counsellor got a letter to report to the police station to record the FIR. It took almost 6 hours at the police station and yet the FIR was not completed. The next day the police called the counsellor back to the police station but we refused stating that the counsellor had already spent so much time on the case and she had other responsibilities. We asked the police to come to her office to take her signature which they did.
Reading about the case in today’s newspapers we felt it is important to document the ordeal of reporting. The effort it takes – from identifying the mother’s reluctance to report, to convincing the counsellor to report, to persistently following up with the police, arguing with the police and CWC about the law, involving police higher-ups and finally recording of the FIR! What a mammoth effort.
But we are left with so many questions. What if Majlis was not there? Since the mother and child are refusing to cooperate will this be termed as a false case? Worse still, because the accused are young will it be called a Romeo-Juliet case? What is the pressure that will be put on the mother and child by the accused? Will Majlis be able to reach out to them to offer support? In meetings and conferences the Police, CWC and other stakeholders wax eloquent about how they ensure the law is followed in letter and spirit. The reality on the ground is far from that.
It is often difficult to explain Majlis’ work. It is challenging because on the one hand, we have a favourable law but on the other hand no one wants to use it – not the victim or her family (for fear of backlash, intimidating procedures and other reasons) nor the stakeholders responsible for upholding the law.
About Majlis Majlis is a team of women lawyers, social workers, academicians and activists who work for the protection and promotion of women and children’s rights through legal representation, advocacy and training. Majlis’ Rahat offers legal and social support to women and children victims of sexual and domestic violence. Majlis’ Flavia Agnes Centre for Learning is a multi-disciplinary hub for advancing knowledge, promoting research and fostering discourse on the intersection of gender, law and society.
*Mandatory Reporting S. 19 POCSO Act, all persons have been made duty-bound to report sexual offences against children. Failure to report is punishable with imprisonment that may extend to six months or a fine or both under S. 21 of the Act.
Written by Audrey Dmello, Director Majlis