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Showing her solidarity and support to the wave of #metoo revelations that have jolted several prominent names, Senior Advocate Indira Jaising has decided to withdraw from the cases filed against Advocate Talib Hussain, one of the activists who first brought the rape and murder of the eight-year-old in Kathua to public attention.
Since having risen to prominence, Hussain has been accused in two cases — one by his wife and another by his sister-in-law, alleging domestic violence and rape, respectively. Meanwhile, his family had filed a petition in the Supreme Court alleging that they were eyewitnesses to his torture in prison. Mr. Jaising represented his family in the Supreme Court in the petition limited to an enquiry into his torture.
Ms. Jaising’s decision came in the wake of an article published by Firstpost on Saturday, which accused Hussain of raping a JNU student. The article was published anonymously with a note that the events leading up to the assault, as described by her, are verifiable. While the article does not name Hussain, the references make it obvious that she is describing her experience with him.
The article narrates a tale that begins with the invasion of personal boundaries and culminates in rape. It begins with her inviting Hussain to JNU due to which she had conversations with him wherein he proved to be very invasive of personal boundaries. It was mid-April, after his second visit to JNU, when he asked her to do ‘nikaah’ with him. He would describe his sexual fantasies about her while calling her late at night. She then describes another incident from April 27, when Hussain kept messaging and calling her to come and meet him as he was waiting for her outside the north gate. He called her 40 times that night. Eventually giving in, she decided to meet him. She states that he, however, took her in a car to Batla House locality, ushered her into a one-room flat on the second/third floor of a building and raped her.
Elucidating the incident, she highlighted that her NO wasn’t a feeble one. She threatened to expose him to all my friends in JNU, pleaded with him, even physically wrestled against his brute strength; but her resistance seemed too frail compared to his brutality. All the while he raped me; he kept insisting that he would do “nikaah” with me, as if by declaring his intention to marry he would legitimise what he was doing.
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