National Commission for Women member Rajulben Desai on Saturday called for action in the alleged rape and abduction of two teenage sisters in Rajasthan’s Baran city, PTI reported. She opposed the claim made by the police that the girls had willingly gone with the accused, saying that minors consent does not mean agreement in legal terms.

On Thursday, Rajasthan Chief Minister Ashok Gehlot had also claimed that the girls, in their statement to the district magistrate, said that they had agreed to accompany two boys. Gehlot had also criticised the Opposition for comparing the case to the Hathras gangrape, which has sparked nationwide protests.

“I saw the chief minister’s statement that the girls in their statement admitted that they had gone with their own will, but a legal point arises here because the girls are minor and minor’s consent is not a consent in the language of law,” Desai told reporters in Jaipur. “Why can’t we take action in this case?”

Desai added that the state government and Gehlot need to understand the “issue of sensitivity” in the case, according to The Indian Express.

The case

The two girls, aged 13 and 15, were allegedly abducted and raped for three days. The girls’ father had said in a police complaint that two boys took his daughters to Kota and Jaipur. The sisters were found in Kota on September 21 and the accused were arrested.

The sisters went through a medical examination on September 22. The next day, the girls were produced before a judicial magistrate for recording their statements.

Baran Superintendent of Police Ravi Sabarwal had said the minors had gone to Kota on their own without being forced. He also claimed that the girls had denied rape and kidnapping charges in their statement.

The family of the two girls, meanwhile, alleged that they were threatened about filing a complaint against the accused. The family also said that the accused had threatened to kill them in front of the police.

Family gets legal help

The Baran District Legal Services Authority on Saturday appointed a legal representative for the family amid criticism from the Bharatiya Janata Party and the National Commission for Women, The Indian Express reported. The saffron party had expressed anger over a local court’s rejection of the family’s request to record the sisters statement again.

“We had received an application from the two minor girls through the Sakhi Kendra in Baran for free legal aid,” District Legal Services Authority Secretary and Additional District and Sessions Judge Shiv Kumar told the newspaper. “Following that, we have appointed senior advocate Kamlesh Dubey, who will provide legal aid to the family and will monitor the case until its conclusion.”

Dubey pointed out that consensual sexual intercourse with a minor was considered rape under the Protection of Children from Sexual Offences Act. The police, meanwhile, said that they are investigating rape allegations.

“The initial FIR [first information report] was for kidnapping. But when the girls had mentioned alleged involvement of boys in their statements under Section 161 CrPC [Code of Criminal Procedure] given to the police, the sections pertaining to rape and POCSO Act were added in the case file. We are investigating the allegations of rape now. We will fully cooperate with the DLSA-appointed advocate, investigate and ensure justice.” 

— Baran Superintendent of Police Ravi Sabarwal