Since Mrs. Ghose has said all that I would have wanted to say:
Why the Aarushi Talwar case is a rape of justice
At the heart of the CBI's case in the Aarushi
Talwar-Hemraj Banjade double murder is a perverted patriarchal fantasy. The CBI
and Noida police are convinced that 14-year-old Aarushi was having an
"affair" with 45-year-old domestic help, Hemraj. It was, after all,
because of this "affair" that father Rajesh in a fit of rage, on
seeing Aarushi and Hemraj in an "objectionable intimate position"
killed them both due to grave provocation. Ah, the lurid fantasies of the
porn-suffused brain! The deadly mix of lascivious prejudice and moral
puritanism that grips our mind when we think of "young women" these
days. The automatic suspicion of endless orgies and extravagant nudity with
which a brutally patriarchal society gazes at a "modern" young woman's
bare arms, clothes and lifestyle. How excitingly value-less these young are,
whisper the puritan-pornographers in vicarious glee.
How have the police reached this conclusion
of an "affair" between Aarushi and Hemraj? After all this is THE
fulcrum of the case, this is THE fundamental pivot on which the entire case
turns. Is there any evidence of this fundamentally important
"affair"? None whatsoever. Has the CBI in these last five years been
able to produce any neighbour, friend, family, observer, and local domestic to
help corroborate their story of this so-called affair? No. Do the local
chowkidars or maids say Aarushi was having this "affair"? No. Do any
of Aarushi's friends believe she was having this "affair"? No. Has
any local help caught a glimpse of this "affair"? No.
What an efficiently well-hidden affair it was
indeed! The 14-year-old girl was wicked, fallen and obviously very clever too!
Must be those T-shirts she used to wear - never trust young girls who wear
those tight-fitting T-shirts and smile invitingly into the camera! And since
she was below the age of consent it wasn't an affair either, Hemraj was in fact
committing an act of rape.
The police, CBI, courts and media remain
convinced of this "affair" because in the khap panchayat of our
minds, where sexual fantasy combines with misogynist prejudice, minds in which
lustful males perpetually couple with nubile young things, where a growing
young woman is first and foremost a sexual, promiscuous object, in this
prejudiced mind, Aarushi is the 14-year-old Lolita who is defined primarily by
her sexuality. Male journalists covering the story drool at the subtext of the
story - there is such sinfully exciting frisson in the newsroom from the saga
about sex-and-a-14-year-old schoolgirl!
At a notorious press conference - and I used
this word advisedly, as that press conference was nothing short of notorious -
held by IG Meerut Range Gurudarshan Singh on 12 July 2008, IG Singh simply
could not remember Aarushi's name. Sometimes he called her Anupama, sometimes
he called her Anuradha. Yet he announced in ringing tones to the public that
the-girl-whose-name-I-can't-remember was having an affair with Hemraj and this
is why her father killed her in an "honour killing". IG Singh
provided a verdict before even the evidence had been properly collected. In the
policeman's mind Aarushi is not 14-year-old Aarushi, she is a Sexually Oriented
Young Woman of The Modern Era. She Wears Jeans. She Wears Sleeveless Tops. Thus
she has affairs. Who cares what her name is and what the facts of the case are?
Who cares what the evidence is? This is how it is in the world of
"posh" and "influential" people.
The media, which functioned as the trumpeting
cheerleading B team of the police and CBI throughout in his case, excitedly
bought the police version, male journalists privately sniggering about the
posters on Aarushi's walls.
Post Nirbhaya, as we confront the violent
narrow-mindedness and hatred that exists in our society towards "modern
young women", the attitudes and prejudices of police, courts and media
towards Aarushi have been nothing short of revolting, downright nauseating.
Read the Aarushi-Hemraj case in detail and
you will see that the police and CBI have absolutely no case. There is not a
shred of evidence against the Talwars. There is not a shred of evidence that
Aarushi was having an "affair" with Hemraj. In fact, her friends have
suggested that on the contrary, Hemraj was a father figure to Aarushi.
Throughout the case, while CBI has brought 39 witnesses, the Talwars have not
been allowed to call their the 14 other witnesses they wanted, they have not
been allowed to call for forensic slides, narco test details or post-mortem
reports.
The CBI refused to provide Touch DNA tests to
the Talwars because they were apparently too expensive. It's almost as if CBI
and courts are hell-bent on convicting the Talwars, even without evidence, in
some crazy cuckoo-land-protective zeal for the dead Aarushi who, over-sexy and
promiscuous as she was, unfortunately earned the wrath of that bearded bulldog
dad. In an earlier article I had written about the stereotypes about the
Talwars that have been created by the media.
Why are the courts and police and media so
eager to hunt down the Talwars?
Because in the khap panchayat mentality of
our law enforcement agencies, the Talwars and Aarushi have become symbols of
the so called value-less society which we crave and condemn by turn. An
unassuming hard-working dentist couple, who after long hours of work, slept
like logs through that hot May night like so many exhausted professionals do,
living in a small flat in the suburbs have become symbols of an "upscale"
"elitist" society dominated by alcohol, sex, and "wife
swapping"" lifestyles. Anyone who defends the Talwars, in the eyes of
the police, instantly become identified as members of a society where
"posh", "influential" people run homes of dark depravity,
where scantily- clad daughters prance about with domestic help where a
frivolous "party circuit" seeks to protect each other through
expensive lawyers and well-connected friends. Dominated by crime serials and
Bollywood images, today investigative agencies are liable to see even a bottle
of whisky in a house as nothing less than a mark of a House Of Sin!
In the Talwar case, this caricature has led
the CBI to imagine that is fighting a people's war for morality. The CBI and
courts, in their own self-image are thus idealistic revolutionaries, up against
this privileged class, fighting the war of the public against a depraved
aristocracy, this is CBI and courts cast in the role of peoples messiah!
May god save us from such messiahs? Question
the CBI about the Aarushi case and you get immediate statements about
lifestyle, influential people and shady goings on involving bottles of
Ballantine's and Sula. Incidentally, the CBI court which convicted the Talwars
believed that after the double murders, Rajesh Talwar drank a bottle of
Ballantine's whisky, a bottle of Sula wine, a bottle of beer as well as two
litres of Sprite and remained none the worse for wear. Nobody got even a whiff
of all the booze on him the next morning!
In fact, Rajesh, for the CBI, is an ogre of
monumental proportions who slays his daughter, slays Hemraj, drags Hemraj to
the terrace with superhuman strength and then consumes vast amounts of alcohol.
What on earth is such a man doing being a dentist? He should be a mafia don!
Read the court judgements on the Talwars and
you will find lengthy, flatulent sermons on the depravity of society and
value-lessness of the freaks of nature who inhabit the world these days. Our
law enforcement agencies are clearly watching far too much TV.
The emphasis is always on moral and social
perceptions, rarely on facts and evidence. The television coverage, the
frenzied pictures and the crazy headlines have transformed the Aarushi-Hemraj
case from one that should be based on fact and evidence, to one based on
perception, moral judgement and bloodthirsty public opinion baying for
punishment of those "elitist" people seen to be polluting our
society. The highly coloured, distorted copy produced by newspapers is
primarily responsible for this murder by perception, this rape of truth.
I have followed this case since it broke
five-and-a-half years ago. I write this piece in self-reflection and in
introspection at what the salacious and sensationalist media coverage has done
and the manner in which a media witch hunt has served up to the gallows, two
people who, I believe are innocent. All of us in the media need to introspect
at the manner in which we have covered the Aarushi story. We need to ask where
the gloating glee over the sexcapades of 14-year-olds, feverish whisperings
about enraged fathers and "cold-as-ice killer mothers", has led us.
In the race for TRPs, and sensationalist headlines, we are all part of a
massive and scandalous miscarriage of justice simply because of the
preconceptions we have chosen to revel in.
The first team of the CBI gave a clean chit
to the Talwars and instead seemed to be accusing the domestic help. In the
polygraph, brain mapping and lie detector tests, the Talwars showed no
deception and no knowledge of the crime. Krishna and Rajkumar showed deception.
The first team described Krishna as aggressive, disloyal prone to lies and
deception.
The first team proved, on basis of sound
reconstruction tests that you could not hear what was going on in Aarushi's
room from the parents' room particularly if the noisy air-conditioner was on.
It was proved that neither of the Talwars woke up to switch off the internet at
night as the internet router goes off and on through the night, and the CBI did
not include router activity in its closure report. But for some inexplicable
reason, in September 2009, the first team of the CBI was suddenly changed. Why?
Consider this: In 2008, a CBI investigation
officer, Anuj Arya approached veteran journalist Nalini Singh. Nalini runs a
Nepali channel. Arya asked Singh if songs were playing on her channel between
11.44 pm and 11.55 pm on the intervening night of May 15-16 2008, the night
Aarushi was killed. Nalini checked her FPC and found that indeed songs were
playing at the time.
Arya then provided the name of the song and
asked if this was the song that was playing. Nalini once again checked with her
producer and confirmed yes, it was the very same Nepali song that was playing
at the time. This was the same song the CBI officer had heard being hummed by
Krishna and the other helps in the narco tests. If all three were humming the
same song, was it not logical to assume they were watching the same song
together on TV and thus were present in the room where there was a TV, namely
Hemraj's room? Does this not support the conclusion that there were more people
in the flat other than the Talwars, Aarushi and Hemraj, given that Hemraj's
room which had access to the flat has an entry from the outside too, so there
was no need for a forced entry?
A crucial bit of evidence was suppressed by
the CBI. The blood and DNA of Hemraj was found on the pillow of Krishna,
recovered by the police. Why did the second team of the CBI describe this
entire finding as a typographical error?
The Noida police say they were forced by Dr
Talwar to look for Hemraj in Nepal. The police said Talwar refused to give them
the keys to the roof, a "refusal" later cited as an attempt to
mislead the investigation. Why could the police not simply have broken down the
roof door if they had been determined to search the premises in a professional
manner?
The first CBI team found no evidence of the
so called "surgical weapon" that had supposedly been used to slit
Aarushi and Hemraj's throat. The first team of the CBI recovered a khukri from
the house of Krishna. The first team claimed that if there is one weapon that
can inflict both a sharp injury and a blunt injury, that weapon is the khukri.
An energised public opinion and a crusading
media are in the mood to take on the high and mighty. These are times when
abuse of domestic help and tortures inflicted by the rich employers on poor
staff are chronicled every day. Who hasn't seen those shocking sights of middle
class family parties at restaurants while a skinny maid stands by the door
struggling with the spoilt-brat infant?
Too often the rich get away, employers get
away, and poor servants are left carrying the can for the misdeeds of powerful
employers. This is often the truth. But it is also often NOT the truth. We have
to honour the truth by not letting the truth become a formula. We must honour
the truth by not letting the truth become a lie. The truth is not a morality of
play of rich vs poor. The truth is not a street theatre about evil employers vs
vulnerable domestic helps when both are media creations rather than real
people. The truth is to be established, case by case, irrespective of class,
creed, caste or community. The truth is not reliant on who belongs to which
social strata. The truth must be supported by evidence. The truth sometimes
goes against public opinion. The law must uphold the truth even if it goes
against public opinion and the prevailing climate.
Today Tarun Tejpal stands charged with sexual
assault because nobody can refute the glaring evidence of the letters, emails
and apology. But the Talwars have been sent to jail on no evidence, on
cover-ups and on suppression of facts. They have been carried to jail on a swelling
tide of media frenzy, public opinion, and the khap-panchayat mentality of
pornography-suffused puritanism which is the hallmark of our law enforcement
today.
It's time to switch off our
pornography-suffused puritanical gaze in the Talwar case. It's time to stop
fantasizing about the "affairs" of 14-year-old schoolgirls. It's time
to stop demonising busy working parents as homicidal representatives of a
"swinging" lifestyle. It's time to stop attacking those who defend
the Talwars as English-speaking Marie Antoinettes who oppress servants. Social
class and caste are not determinants of legal guilt. Moral judgements are no
substitute for facts and evidence. The Talwars themselves re-opened the CBI
closure report as they wanted a fair investigation to find their daughter's
killers.
As a society we owe the dead 14-year-old and
the dutiful Hemraj our commitment to the truth. Three words must animate the
courts and media now as the case goes forward: evidence, evidence, and
evidence.