Guwahati HC's Bail To Rape Accused: 'State's Future Assets' Not State's Present Dangers?

Guwahati HC bail to rape accused: In a shocking order pronounced while granting bail to a male student accused of raping a female college companion, the Guwahati HC observed he was the "state's future asset" whose continuation of detention may not be necessary.

Earlier this year in March, the IIT Guwahati student was accused of and arrested for allegedly raping a woman while she was unconscious. According to Live Law, the accused took her to a secluded area on the college premises on the pretext of discussing her role in an academic club. He allegedly administered alcohol to her by force and she fell unconscious.

A bench of Justice Ajit Borthakur noted the prima facie case of rape against the accused was clear but since the investigation was complete, his detention if charges were framed was not currently necessary. More on the case here.

"Both the informant and the accused are the state's future assets being talented students pursuing technical courses..." the court said and let the rape accused off on a bond of Rs 30,000.

What about the kind of present threat a "future asset" could be? Does a flashy academic degree grant immunity to persons accused of rape? Even if in passing, should educational merits factor in when adjudging crimes?

Guwahati HC Bail To Rape Accused: Should Merit Factor In At All?

That the court chose to note the students' qualifications in a case that shouldn't impact or depend on them was peculiar, but also wholly indicative of the mindset our country holds towards gender-based crimes.

'Arey, he's a good kid with the best marks. He can't harass anyone.' 'He's so shy and reserved - he wouldn't hurt a fly.' 'Domestic violence? No, our son wasn't raised with those values.' 'He isn't like that, she only must have done something.'

All this and more is what women, crying themselves hoarse about the trauma in trying to alert our law and order authorities, have to hear.

But does anyone listen when male privilege and academic genius join forces in a formidable show of hierarchical power? How many gender crimes go unregistered, unreported, unheard only because men, on arbitrary grounds of defence, find a clear path to get away?

In consideration of any material growth they might generate as "assets" in the future - and this bears a big question mark - should rape accused get the liberty of washing their hands off the sordid deeds they allegedly commit in the present? Or should the fact that they are potential risk carriers if allowed back into society go neglected?

Views expressed are the author's own. 

Trending now: 

&t=2s