Benami Mahila with mental illness caught in the web of criminal justice

Brief:

Wrongfully incarcerated for over four years due to a flawed legal process and ignored mental health needs, Gayatri Devi's identity was erased as 'Benami Mahila'. The LAW Foundation intervened to reunite her with her family, but the damage was irreversible. Read more to uncover her heartbreaking journey of injustice and loss.

Background:

On the morning of July 22, 2017, the police apprehended a strange, silent, and unidentified woman accused of kidnapping a young child. Unable to recall her identity, she was booked under Section 363, IPC i.e., kidnapping, and the F.I.R. read her name as Benami Mahila, or 'nameless woman'. Her inability to assert herself, coupled with the authorities' failure to conduct a proper investigation, led to her prolonged incarceration. Gayatri Devi, later identified, had been suffering through mental illness as her husband had abandoned her and remarried, which affected her mental health badly. It was found that she had visited Patna with her family for a pilgrimage trip was separated from the group, and wandered off to the adjoining Buddha Colony, where the police apprehended her. The lack of understanding of her vulnerable state, the absence of immediate mental health assessment, and a flawed legal process resulted in a four-year-long wrongful detention. She was granted bail in December 2019, but she remained imprisoned due to her inability to furnish the bail bond and the absence of a safe place for her release. In the years that followed, her parents died in despair, and her brother, deeply traumatized by her disappearance, lost his mental balance.

Intervention:

Prison authorities flagged Gayatri's case, prompting the LAW Foundation to intervene, trace her identity, and reunite her with her family. By 2019, she regained some memory and was able to recall her address in Bidupur, Vaishali. The concerned SHO was immediately contacted and meanwhile, Adv. Mr. Santosh uploaded this information on the Facebook page of the LAW Foundation. Her address was traced to Raghopur, Chaturang, P.S. Bidupur, Vaishali; the family was contacted immediately, and her aunt, Anarkali Devi, was found and confirmed her identity. A bail application was filed and granted in December 2019, but she remained imprisoned as the court refused to release her, citing her mental condition and lack of shelter. Soon, a home visit was arranged wherein Mr. Praveen and Adv. Santosh met with Anarkali Devi (aunt of the accused) and divulged some devastating details about her background. Soon after, we arranged a meeting between Gayatri Devi and her aunt; during their meeting, she recognized her aunt instantly. In October 2021, a fresh bail petition was filed, which was later rejected for the same reason as previously. Later, on a positive note, her aunt (Ms Anarkali Devi) provided an affidavit taking responsibility for her, leading to a fresh bail petition under Section 346A of CrPC. She was finally released on December 5, 2021, after spending over four years in prison.

Insights:

1. Failure to Follow Due Process in Arrest & Investigation: The police failed to verify her identity, inform her of her right to bail for a bailable offense, or take rehabilitative steps like medical or psychiatric evaluation.
2. Neglect of Mental Health Considerations: Authorities overlooked her memory loss and distress, ignored Section 328 of CrPC, and failed to order a psychiatric assessment despite clear signs of mental instability.
3. Judicial Apathy & Bureaucratic Hurdles: Repeated procedural delays denied her bail, the absence of a rehabilitation center prolonged her release, and a vague prison mental health report failed to clarify her condition.
4. Irreparable Personal Loss Due to Systemic Negligence: Her wrongful incarceration led to her parent's death, deepening her trauma, while her brother, overwhelmed by distress, now refuses to accept her.