Kanpur: Cleric rapes 15-year-old in Madrassa, claims he 'married' her
Earlier this month, Kanpur police arrested a Madrassa's cleric for allegedly raping a 15-year-old minor. She detailed the abuse she went through, hoping to get justice. But the accused spun the story by claiming he had nikah with the girl, hence no crime was committed(?). Sadly, his version has found takers and the victim's family is getting little support from the community.
The all-girls Madrassa isn't affiliated to any portal/welfare office
The all-girls institute named Al-Jamiatul Banaat Gulshane Fatima is located in Naubasta area. The Madrassa is neither affiliated to any state madrassa portal nor linked with any district minority welfare office, reports Swarajya. But the parents weren't aware of this sham before June 10. A notice revealing the true colors of the Madrassa was put up after June 9, when the rape was reported.
Accused told victim she has to fill forms, raped her
On June 9, the victim, whose family shifted to the area recently, was stopped by the cleric Javed. The accused told her to come to the Madrassa to fill some forms. At the Madrassa, Javed raped the victim and threatened her with consequences, if she spoke about it. In the complaint, the victim named Abda Islam (Javed's aunt) and her daughter Sheeba too.
Victim's mother confronted Javed, he threatened her instead
The victim returned home crying and told what happened. Her mother then confronted Javed but he denied allegations. He also asked her to do "whatever she can". Later, her mother received a call from Abda asking her to take Rs. 5 or 10 lakh but remain quiet. "It's not just about my daughter. It's about all the 50 girls studying there," the mother said.
Case was registered, Javed was arrested
Defying pressure, the victim's family approached the police and a case was registered under IPC Section 376 (rape) and relevant sections of POCSO Act. While the two women haven't been arrested, Javed was put behind bars.
Javed claimed victim wasn't a minor, they got married
Under arrest, Javed confessed he had sexual relations with the minor but said he had nikah with her first. He also claimed she wasn't a minor. However, her parents showed a birth certificate that proved she was born on March 19, 2004, which makes her 15 years old. There is fear that Javed might bring up the nikah angle during the trial.
No one is supporting us, lamented the girl's father
Javed, who is 40 years old, got support from the community and this has worried the victim's family. "We are being accused of framing Javed for money. No one is supporting us," the victim's father said. The indifference has forced the family to move out of their home. "My husband is 34. How can I bring a son-in-law older than him?" her mother said.
Father hopes the nikahnama becomes invalid, but it might not
Her father underlined that a nikah mandates a qazi and four witnesses- two from each side. This didn't happen in this case, so whatever nikahnama Javed produces would be invalid, he said. He also said if his daughter signed any paper, she would have done it under duress. However, Muslim women's rights activist told the daily courts have accepted such nikahnamas time and again.
Years ago, a nikahnama helped rape accused go scot-free
In 2015, a sessions court in Ahmedabad acquitted a Muslim man accused of raping a 15-year-old as he produced a nikahnama. The girl was pregnant and DNA report confirmed the accused was the father.
People like Javed bring bad name to community: Victim's relative
The family is hoping the girl gets justice. One of her relatives said, "Javed started running this Madrassa out of a rented house. Now he has bought a two-storey building for over Rs. 20 lakh. He also bought a truck recently." He also added that Javed should be given exemplary punishment as people like him bring a bad name to the entire community.