By: Srija Mukherjee
“There are certain duties that are outside the corridors of the court rooms as a lawyer. I guess I was motivated to do what is just. I went to Asifa’s parents and asked their permission to represent them in the rape case,” said Deepika Singh Rajawat, a lawyer who brought the Asifa Bano Rape Case in Jammu & Kashmir before world.
She fought tooth and nail justice for the 8 year old victim child, who was murdered in Rasana village near Kathua of Jammu & Kashmir in January 2018. When asked what the driving reason was for her decided to take up the Asifa Bano rape case, she said, “I am a conscious citizen of this country. I am a devoted lawyer by profession. A mother myself. And on top of all, a human being. Not only that i was determined to fight for justice to the little child, but also to do justice with my profession.”
“Such sensitive cases need that extra attention in order to spread a bold message to the larger masses, Advocate Rajawat stated added. Rajawat, a 38-year-old Kashmiri Pandit from Jammu, is an advocate at the Jammu and Kashmir high court. She is the chairperson of Voice for Rights, an NGO for human rights and also works for Child Rights and You (CRY).
“At a personal level I think, when the law of any land decides to punish a criminal to the last extreme, death is the ultimate order. But in a civilized society, why should there be a need to hang any individual? If Criminal activities are taking place, trained professionals can control the percentage of the activities. The basic fear of law enforcement is lacking in mankind. That is why we see brutal criminal activities getting repeated in great numbers,” stated Rajawat.
Stressing more on reform activities by the government, making stricter laws, brainstorming for more laws, sensitization of youth in all strata of society is the need of the hour, the advocate said.
Rajawat was also supported by Hollywood actor & UN goodwill ambassador for woman, Emma Watson. Watson showed her all-out support and tweeted to the lawyer for the bravery & courage that she singularly showcased by representing the Kathua family.
Rajawat’s goal was an all over fair and just investigation of Asifa Bano rape case. She mentioned that it was very important to take the case out of Jammu & Kashmir region for which she and her team initially took the case to high court and kept pushing it, so that it undergoes proper rounds of investigations. As a result of which the Supreme Court came into the picture.
But after 110 hearings lawyer Rajawat was seen only twice in the Pathankot court room, representing Asifa’s family. Asifa’s parents therefore submitted before the Pathankot Sessions Judge Court that the case of the prosecution is to be dealt further by special public prosecutors named SS Basra and District Attorney Jagdishwar Kumar Chopra who would be assisted by KK Puri, Harbhajan Singh, Mubeen Farooky and other advocates.
“Yes it was a shocker for me initially. I gave my all to the Asifa case. While the case was on, I was even told by some people of my family that I will be disowned. I have a child at home. I braved security issues for this particular case and it broke me down to see the net result. I believe I went through the ordeal because I am a woman lawyer. In the world today, it is still excoriatingly difficult to boldly advance as a woman, and make a heroic mark for herself. But yes travelling everyday to Pathankot for me was difficult from Jammu and Kashmir,” added advocate Rajawat.
However, Asifa’s family reportedly had stated lawyer Rajawat’s security issues, general non-interest and lack of appearance during the court proceedings as the prime reasons behind her removal. The power of attorney given to her was also withdrawn by the family after she was removed.
Finally in June 2019, a judgement sentencing three men to life in prison for the abduction, rape and murder of Asifa Bano was passed. It sparked a nationwide uproar and heated tensions between Hindus and Muslims. Three others were convicted of destroying evidence and punished with a five-year jail term and a fine. Only one of them underwent trial as a minor in a juvenile court.
During the same phase, India also passed a legislation making the rape of girls under the age of 12 punishable by death, in the wake of the 8-year-old Asifa Bano’s killing in the year 2018.
The author is Kolkata based contributor and can be reached at srijamukherjee89@gmail.com. The views expressed above are responsibility of the author and Kashmir Patriot is not liable for the same.
