4 Years Post Nirbhaya, 13-Year-Old Rape Survivor Becomes a Mother

A 13-year-old rape survivor asked the courts for permission to abort. Denied that, she has now given birth to a boy

In July 2016, a 13-year-old pregnant rape survivor approached the courts for permission to abort. Now, she has given birth to a boy. (Photo: The Quint/Susnata Paul)

(On the 4th anniversary of the Nirbhaya case, we are still a long way away from creating a safe space for women. A set of recent incidents involving gruesome rapes of women across the country has yet again raised several questions about Indian society and judiciary. We at The Quint believe that a rape survivor’s life doesn’t end when she is raped. And that even if our institutions – law, the judiciary, the hospitals – are failing a rape survivor, we as a society need to step up and keep the fight going. This article is a part of The Quint’s #FightingRape campaign.)

Bairam Nagar doesn’t show up on Google Maps.

Situated around 40 km from the Bareilly highway, it takes around four to five hours to reach Bareilly from the village. The road is unpaved and it’s a bumpy ride. Villagers have to find someone going to Bareilly, which is the district headquarters, and each trip costs around Rs 200.

In this sleepy Uttar Pradesh village where families either know each other or are interrelated, it is not a trip many take too often.

Except for one man and his daughter.

Since July 2016, a 13-year old rape survivor and her father have made numerous trips to Bareilly; to the district court, the district hospital and even the Allahabad High Court.

To seek permission to abort the girl’s pregnancy. Their last trip was in October 2016, when the girl delivered a baby boy in an ambulance on the way to the district hospital in Bareilly.

It’s a long trip from Bairamnagar to Bareilly, after all. And it has been a longer legal struggle.

After a Four-Month Battle for Abortion: “I Will Keep the Baby’’

On 19 October 2016, after a four-month long legal battle to abort, a 13-year-old rape survivor in Bareilly decided to keep her baby. With her decision, she was defying her father who had decided to give up the baby for adoption.

Sitting in her brick home at the edge of Bairamnagar village, the 13-year-old girl refuses to speak even after much cajoling. Her reticence fades away when the boy in her hands sneezes or mewls. Her face lights up and she gently smiles – clutching her baby protectively throughout.

I had thought of giving up the baby for adoption, but I hadn’t asked the girl. She tells me – you kick me out, leave me, do whatever…but I won’t give up the baby.<i> Woh keh rahi hai, main iss bacche ke sahaare jee loongi.</i>

Rape Survivor’s Father

From 12 Weeks to Nine Months

The courts kept us waiting for a month. If I wanted to I could have done the abortion quietly too, but I thought, this is the court’s decision – let the court take it. I had trusted the courts, but they failed me.

Rape Survivor’s Father

The rape survivor’s father speaks in low, measured tones. He was working as a farm labourer outside Bairamnagar when he was informed of his daughter’s pregnancy in May 2016. Ever since, he has been ostracised within the village. His two brothers in the village have broken contact with him and his two elder sons have run away from home.

“From shame, I think.”

In June 2016, he filed an FIR, and was allegedly threatened by the local police and the accused’s family – a powerful family in the village with alleged connections to the village chief. According to the girl, at the time, she was 12 weeks pregnant. The girl’s lawyer, VP Dhyani, says that while there was a medical examination after the FIR was filed, the number of the weeks in the pregnancy wasn’t stated.

We relied only on the girl’s testimony, where she said she was four weeks pregnant. Then, on the High Court’s orders, we approached the CMO, where the panel stated that she was 33 weeks pregnant. If the police and the authorities had cooperated at the time, then the outcome would have been different. But you know how it is, when the other party is powerful. <i>(sic)</i>

VP Dhyani, Rape Survivor’s Counsel

After their appeal for abortion under the Medical Termination Pregnancy (MTP) Act was rejected, the girl and her father filed for a revision in a sessions court. Their case was transferred to a fast-track court, which ruled against the abortion.

As the last resort, the girl and her father filed an appeal in the Allahabad High Court where the family was asked to move an application before the Chief Medical Officer (CMO). Here, the CMO allegedly delayed the medical examination by a week; first directing the family to go to the District Magistrate’s office for permission and then, asking them to come after a day.

On 12 September, the medical panel presented its findings.

The girl was 33 weeks pregnant and an abortion was not permissible by law.

A Lane Apart: Two Different Truths

Just a few kilometres close to the rape survivor’s house, in the next lane, lies a different ‘truth.’ The rape accused’s father believes that his son is innocent.

My son hasn’t been in the village since December 2015 and that’s why we are confident that the girl’s family has falsely accused us.

Rape Accused’s Father

He goes on to say that when he got to know of the incident, he even sent three members of his family to find out the truth from the girl’s family.

I sent them to find out if it was my son’s fault. If it was, I was willing to get them married. But they wanted a court case. <b>I even tried to explain to the girl that she should either get married or file a court case. You can’t do both.</b>

His son – who was in jail since June – is now out on bail. The family refutes any allegations of pressuring the rape survivor’s family and says that these are “concocted tales to hide the truth.”

The family has demanded a DNA test to assess the paternity of the boy child. If the boy is theirs, they are willing to accept the rape survivor and her child. Otherwise, they say they will retaliate with a case of harassment against the girl’s family.

The boy is now around two months old and is facing his first winter with his mother. The rape accused is out on bail and a charge sheet hasn’t been filed yet. The case is under trial in the fast-track court in Bareilly and will go on trial on 24 December.

The defence counsel and the accused’s family want a DNA test, but the demand will be brought up only in January next year.

When asked about the future of the baby, the rape survivor’s father said:

“Ab bacche ka jo bhi karega, court karega. Dekho court kya karta hai....”

Video Editor: Hitesh Singh
Illustrations: Susnata Paul