Ram Jethmalani and AP Singh point to a greater malaise

 While it is the expected of a lawyer to win a favourable verdict for his/her client, one would expect that certain ethics and niceties are maintained in the process. Recent examples, however, point towards a different reality. Ram Jethmalani, the defence counsel for Asaram Bapu in the sexual assault case on a 16-year-old girl, argued on Tuesday that the girl was suffering from a chronic disease “which draws a woman to a man”. Even if one were to go by this bizarre argument, Jethmalani may have overlooked the fact that the sexual history of a victim of rape cannot be brought to defend the accused. This statement has come even after medical tests conducted on the girl concluded that she was of sound mental health. Such demeaning and below-the-belt statements are uncalled for and are aimed only at smearing the character of the victim.
Jethmalani’s comment comes a few days after AP Singh, the defense lawyer for two of the four accused in the December 16 gang rape case, said that the verdict was ‘politically motivated’ and he would burn alive his daughter if she were to roam with a man at night or have pre-marital sex. That Singh made this observation after a Saket court awarded death sentence to the four accused is important and it seems like he was suggesting that the 23-year-old paramedical student, was out of her house ‘with a man’ at the wrong hour of the day.

Lawyers are free to choose their clients and defend their case in any court. Many a times the legal acumen of an astute lawyer can win the case in favour of his/her client. However, it reflects a lack of respect towards the legal profession and poor work ethics of the lawyer if he/she resorts to any measure to see that the case is won. The statements made by both Singh and Jethmalani point to two aspects. One, to ensure that women are respected and are given their space in society, it is important to change the mindset of men. Two, there should be mechanisms within the legal system that do not lend itself to vilification of victims of sexual assault and rape. It is a welcome move by the Bar Council of Delhi to take exception of Singh’s statement and ask for a clarification. The Bar Council of India also should take note of the insensitive statement made by Jethmalani and take appropriate action. Further traumatisation of victims, be it by the investigating officers or by legal luminaries, must stop. This is an important step towards achieving justice and reducing crimes, especially against women.