Why should the victim move aside? Special court slams parental, societal advice in groping case
Labelling the expectation for women to tolerate such behaviour as "preposterous," Judge Birla emphasised that public transport should not be a space where women are forced into silence by societal expectations.
Synopsis: The trial took a significant turn when the court confronted a deeply entrenched societal bias voiced by the survivor’s father. Echoing common parental counsel, the father admitted he had initially advised his daughter to simply “stand to one side,” telling her that such groping incidents were a “common occurrence” in crowded public transport.
Delivering a stinging critique of a society that routinely demands women “adjust” to public harassment, the Fast-Track Special Court (POCSO) Thiruvananthapuram has sentenced a 46-year-old state transport conductor to five years of rigorous imprisonment.
Special Judge Anju Meera Birla found Kerala State Road Transport Corporation (KSRTC) conductor Arun Kumar guilty of inappropriately touching a 17-year-old student inside a heavily crowded bus on 23 September 2024.
The court also imposed a fine of ₹15,000 on the convict. The prosecution, led by Special Public Prosecutor Advocate RS Vijay Mohan, successfully established the case by examining 17 witnesses and presenting 25 vital documents.
The survivor, a Plus-Two student, testified that the 8:10 am KSRTC bus was her only available transport to reach school during crucial revision exams. Forced by her circumstances to board the same bus with the same conductor even after the assault, she eventually sought counselling through a family friend, leading to a formal complaint on 27 October 2024.
The trial took a significant turn when the court confronted a deeply entrenched societal bias voiced by the survivor’s father.
Echoing common parental counsel, the father admitted he had initially advised his daughter to simply “stand to one side,” telling her that such groping incidents were a “common occurrence” in crowded public transport.
Judge Birla vehemently rejected his approach. In a powerful written observation, the judge dismantled the culture of victim-blaming:
“The general attitude is that women have been putting up with such acts over long periods of time… Just because it has become common is not reason enough to think that it is ‘ok’. A woman has complete autonomy over her body. Why is it a woman who is asked to adjust when it is the man committing the crime? Why should a woman not have all the freedom to travel in public transport just like a man?” the judge noted.
Labelling the expectation for women to tolerate such behaviour as “preposterous,” Judge Birla emphasised that public transport should not be a space where women are forced into silence by societal expectations. The court concluded that it remains the absolute responsibility of the state to ensure equal safety and unrestricted freedom for every citizen, regardless of gender.