ഇനി എത്ര ദൂരം

 

Is Our Justitia Still Blindfolded?

 

Living the mundane life is easy and a good shot to give. But once everything becomes lopsided, and we have to seek help from others, fight for justice, a curious question arises- who is in your opposition? Raising your voice is not that easy - if you're against the giants in the industry. The heated debate on the Athijeevitha Case is going on and all are eagerly looking at the final verdict, aligning on either side of the case- with the alleged criminal or the victim. Standing outside a person's life and passing comments without imagining ourselves in their shoes are terribly shameful things to do, which most of us are so good at.

Cut back to the year 2022. During an interview, she was talking about her journey to be a survivor from being a victim. First, she described how different people reacted to the news. She was as devastated as if she happened to hear people blaming her for no reason, she would think that she herself was responsible for all that had happened in her life. She had stages of crying the lungs out, losing hope to live, self-accusing and whatnot. After the 15 days of tiring hearings in court, she came out as a survivor, as a person who somehow manages to stay strong amidst all the chaos. She revealed her identity publicly on 10 January 2022. It took such a long time for her to come out and express herself in public, even though she has a lot of supporters, fans and fame! It even adds depth to the amount of trauma and stigma that each rape victim goes through. Bhavana posted on her Instagram page as follows: "This has not been an easy journey. The journey from being a victim to becoming a survivor. For 5 years now, my name and my identity have been suppressed under the weight of the assault inflicted on me. Though I am not the one who had committed the crime, there have been many attempts to humiliate, silence and isolate me... To see justice prevail, to get wrongdoers punished and to ensure no one else goes through such an ordeal again, I shall continue this journey.”

Many commentators came up having panel discussions on news channels, she says, sitting comfortably, passing random comments on the victim, like- Who told her to travel late at night? (The tragic incident was around 8-9 PM, she reminds us.) This very argument makes us rethink the fundamental rights pronounced by the Indian Constitution. Consider Article 19(1)(d): Freedom of Movement (Right to move freely throughout India). Raping a woman is a profound violation of fundamental human rights, infringing upon a woman's bodily autonomy, dignity, equality (Article 14), and right to life and personal liberty (Article 21).

Rape isn't just a crime but a constitutional failure, impacting a woman's right to be treated equally and live freely, demanding legal reform to reflect constitutional ideals.

The very issue came out as a revenge strategy of the popular face via a paid goonda against Athijeevitha. The issue between them is not a valid reason to deprive a person’s dignity and safety through rape. The aspects of humanity, brotherhood and a person's right to live safely are getting severely damaged. Finally, when the verdict came on 8 December 2025, 8 years and some months after the incident on 17 February 2017, we wonder how long a person has to fight to get justice. And has the ‘Justice’ been served, or simply the money power won the case?

The verdict was delivered by Judge Honey M. Varghese of the Ernakulam Principal Sessions Court (not a Chief Justice). The judge ruled that the prosecution "failed to prove he [Dileep] conspired to orchestrate the crime". In essence, the court acquitted actor Dileep of all charges, stating the prosecution failed to prove the conspiracy charges against him, while convicting the six individuals who carried out the physical assault.

According to the police remand report, Dileep and Pulsar Suni met several times during this period. The following are some of the meetings they had. March-April 2013: Meetings at Abad Plaza Hotel, Kochi.

Later meetings at Thoppumpady Junction, Thrissur Tennis Club, and Thodupuzha Santhigiri College (shooting locations)

November 2016: Alleged meeting at Dileep's house-warming event. These are a few among many proofs against Dileep, and the court tragically failed to prove any of them.

There were controversies even during the trial, which invoked discussions in public. Allegations that a 2020 forensic report — confirming unauthorised access to the memory card containing the assault visuals — was not brought to the forefront during the proceedings. Many critics asserted that the prosecution faced unusual resistance in placing certain evidence or arguments before the court. Even though the survivor approached the Kerala High Court many a time requesting the transfer of trial, mentioning that Judge Honey’s courtroom left her feeling distressed and retraumatised.

Even though the controversies are prevailing on the reliability of the verdict, this particular case made some broader impact in the society, especially in the Malayalam film industry. Formation of Women in Cinema Collective (WCC) in May 2017, Constitution of Hema Committee in July 2017, Submission of Hema Committee report in December 2019, the public release of the report in August 2024, registration of more than 40 cases post-Hema report, sparked the #MeToo movement in Malayalam cinema and much more.

During the commissioning of open-eyed Justitia in October 2024 by the former Chief Justice of India D. Y. Chandrachud, he stated that “It signifies Law is not blind; it sees everyone equally”. But the recent verdict proves that she is still blindfolded towards injustices. Always with Athijeevitha.

Nasila Jasmin

Assistant Professor of English

Al Shifa College of arts and Science, Keezhattur, Perinthalmanna