The Karnataka High Court, while denying bail to a man accused of rape, invoked the Manusmriti and Mahatma Gandhi’s words, stressing that where women are respected, divinity thrives, but dishonour renders all deeds meaningless.
The Karnataka High Court denied bail to a man accused in a rape case, referencing a verse from the Manusmriti that emphasizes the respect owed to women, as well as a statement from Mahatma Gandhi highlighting the importance of protecting women’s dignity.
The case involves a 19-year-old woman from a Scheduled Tribe in Banka, Bihar, whose parents work at a cardamom estate in Kerala.
She arrived at the KR Puram railway station in Bengaluru around 1:30 am on April 2, accompanied by her cousin, and was heading to Mahadevapura for a meal when she was allegedly confronted by two men near the station.
According to the prosecution, the accused restrained the cousin while one of them dragged the woman to a nearby location and raped her. Locals intervened after she called for help, leading to the arrest of the alleged rapist before the police took both men into custody.
The two individuals face multiple charges under the Bharatiya Nyaya Sanhita, including those related to rape, wrongful restraint, intimidation, and common intention, as well as violations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
During the court proceedings, the defense argued that the petitioner was falsely accused, asserting that he played no direct role in the assault. In contrast, the prosecution argued that he actively facilitated the crime by threatening the cousin and preventing him from intervening.
Justice S. Rachaiah, in his ruling on the bail application on September 4, emphasized the seriousness of the incident and the trauma experienced by the survivor.
He remarked,
“The act committed by the accused, along with another, will remain as a scar in her life. It would be very difficult for her to overcome the agony she has undergone.”
The judge cited a verse from the Manusmriti,
“Yatra naryastu pujyante ramante tatra devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah,”
Which translates to “where women are respected, divinity thrives; but where they are dishonoured, all deeds lose value.”
He also recalled Gandhi’s statement,
“The day a woman can walk freely on the road at night, that day we can say that India has achieved independence.”