On April 10, 2020 a 27 year old M.phil student from Jamia Millia Islamia, Safoora Zargar was booked under UAPA ( Unlawful Activities Prevention Act ), for her alleged role in North-East Delhi riots which took place on February 23, 2020 in which more than 50 people were killed. She was associated with Jamia Coordination Committee (JCC) and was part of the Anti – Citizenship Amendment Act protests organised by University Students in December and January.
On April 10, 2020 she was arrested and on April 21, 2020 her bail was rejected even though she was pregnant and was reportedly suffering from Poly Cystic Ovarian Disorder.
Safoora came into limelight after three weeks of her arrest when #SafooraZargar started trending on twitter. This trend started after BJP Leader Kapil Mishra tweeted saying not to connect her pregnancy with him in response to a tweet which said protesters like Safoora are denied bail and people who incited hate are enjoying freedom, and after that what happened on Twitter is a clear picture of the Indian Society and their treatment towards women. Her child who hasn’t entered the world was abused brutally and was called a bastard’s child. She was given contraceptive advices on Twitter and many more derogatory slangs were used for her.
Safoora was portrayed as an unmarried pregnant woman even though she is married since 2018 was a result of IT Cell’s hard work. The people who preached feminism a few days back were doing analysis of her character like anything. You can’t match their hypocrisy level because one day they will share stories of ‘BoisLockerRoom’ on their Instagram stories and the other day they don’t give a woman the liberty to conceive in a way she wants.
On one hand her name was maligned on social media for ridiculous reasons, on the other hand she was denied bail stating various baseless resons.
On June 4, 2020 her bail plea was rejected by Additional Session Judge of Patiala House Courts, on the grounds of
‘Prima facie evidence to show there was conspiracy’. While dismissing the bail petition, Judge Dharmendra Rana said:
“When you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire. The acts and inflammatory speeches of the co-conspirators are admissible u/s 10 of the Indian Evidence even against the applicant/accused.”
The reliance of the court on metaphors rather than on law clearly shows the inability of the authorities in proving the accused as guilty.
When a judge uses metaphor instead of law to justify his decision then it’s high time we should realise that we need to reconsider our entire judicial system.
On June 23, 2020 finally she was granted bail by the Delhi High Court on humanitarian grounds.
Based on the Centre’s concession, a bench of Justice Rajiv Shakhdher granted regular bail to Safoora on furnishing a personal bond of ₹10k and on the following conditions:
• She should not indulge in activities she is being investigated for.
• She should refrain from hampering investigation.
• She has to take the permission of the concerned court before leaving the territory of Delhi.
• She has to get in touch with the Investigating Officer once in every 15 days through a phone call.
This whole process took more than 2 months, the courts didn’t even took the present scenario of the pandemic into consideration and prisoned a pregnant woman without strong evidences shows the insensitiveness of the Indian System towards a pregnant woman.