The ongoing legal battle of Rakhi and Madhav highlights not only the gaps within the justice system, particularly regarding child protection laws, but also illustrates the resilience of families facing adversity in pursuit of justice. Their dedication to seeking accountability in a system that often fails to prioritize the needs of the most vulnerable speaks to a broader societal issue — the need for reform that ensures timely and sensitive handling of such cases. As they navigate ongoing familial tensions and systemic delays, their story serves as both a call to action and a testament to the strength of familial bonds in the face of hardship.
Rakhi and Madhav are navigating a prolonged legal ordeal following the alleged rape of their daughter, Pia, a case that underscores significant deficiencies within the justice system. Since filing an FIR in 2018, the couple has relied on ongoing communication with various authorities, including ASI Parvati, the investigating officer who initially supported them. Despite being transferred four years ago, Parvati has remained a presence in their lives, attending family events and expressing her hope for justice. As the trial against the accused, Suraj, makes its slow progress, hearings occur every three months, with witness testimonies being central to the proceedings.
If convicted of committing penetrative sexual assault against a child under the age of 16, Suraj could face a sentence ranging from 20 years in prison to life, minus time already served, in addition to a potential fine to aid in Pia’s medical expenses and rehabilitation. While Rakhi and Madhav have ceased attending court as their testimony is no longer required, they remain engaged with the prosecution team, indicative of their determination for justice amid the frustration of lengthy delays.
According to Ashish Kumar, director of Legal Interventions at HAQ, the non-governmental organization assisting the family, there have been setbacks due to issues in evidence collection. Notably, the Protection of Children from Sexual Offences (POCSO) Act requires expedited trials in Special Courts, designed to ensure a child-friendly environment. The supposed aim is to conclude trials swiftly, ideally within one year of the formal acknowledgment of the offense, yet this has not been realized in Pia’s case as delays plague the judicial process.
Kumar attributes these hold-ups to a backlog of cases and what he describes as judicial insensitivity, highlighting instances where courts have trivialized sexual violence or employed victim-blaming discourse. “The special courts were created to facilitate swift justice and a nurturing environment for children. If they operate like standard criminal courts, they fail in their fundamental mission,” Kumar asserts.
These delays are equally problematic for the accused — Suraj has spent eight years in custody without a conviction. Meanwhile, the family’s struggles are compounded by additional tensions with relatives who support Suraj’s innocence. Ongoing disputes over property and familial honor have made calls to the police commonplace, prompting authorities to install surveillance cameras to ensure their safety amid this chaos.
Despite receiving offers of assistance to find alternative housing, Rakhi and Madhav have resisted moving from their home, which remains the center of their legal battles and family disputes. Strained by the pressures of an inadequate justice system and the complexities of familial relationships, the couple’s commitment to pursuing justice for their daughter remains unwavering, reflecting a poignant narrative of resilience amidst adversity.
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