Thursday, October 8, 2015

Talvar, the movie

I saw the movie 'Talvar' last night. And no, this is not a movie review. It can't be, because I find it difficult to be unbiased about this one. 

I was living in the same sector (Jalvayu Vihar, Noida) when this incidence took place, merely 3 blocks away. From afar, I witnessed the media frenzy, heard gossip from anyone who knew the family and read newspapers which for the longest time were obsessed with Nithari and Aarushi.

Which is what I think the problem was. The fact that these 2 cases coincided with each other. Don't even get me started on Nithari, I have my theory on Koli merely being an accomplice. But through the years (and I just realised that it has been 8 years!!), I continued feeling strongly about the Aarushi case. A lot of people I know do too, which unfortunately amounts to nothing. 

What made me a disbeliever, is not the theory that parents allegedly killed their only child. Honour killings (unfortunately) happen all the time as does female infanticide. No, it was more than that. I think it was the way news kept pouring in about the case and how over time we realised that the findings were all contradictory in nature. One lab would find something, another would refute that altogether.

Over the years, I have also followed Nupur Talwar's cousin who has spoken in international media about the loopholes in the case. You can read some of it here.

I am not a lawyer, neither am I a forensics expert. However, as this was largely a media trial and barely a judicial one, I am allowed to raise my questions. And my questions are plenty. Why was the theory of the other 2 helpers being in the house not followed through, when there was clear evidence of their visit in Hemraj's room. Why would the fact that a parent who has just lost her child is stoic in an interview (here's the opinion piece by Sonia who interviewed her on NDTV 8 days after the murder) translate into her being un-emotional about it. Why was the main door locked from outside? The theory of Hemraj being killed in the room and then his blood being wiped away seems ridiculous considering Aarushi's blood was all there...thus parents somehow knew exactly which blood splatters were his and which were hers! Why were the narco tests overlooked, wherein the parents were proven innocent and the compounder confessed and even led them to the murder weapon. There are plenty of questions like these, many of which you can also read about here.   

But the 2 biggest questions I have are these. If the Talwars were guilty, why, why in the world would they reject the closure report of CBI that said there wasn't enough evidence to convict them. If they had accepted it, they would walk free. But they said that they believed in the judicial system of the country and got the case opened. And we all know how that turned out. 

In most countries including USA and UK, a conviction is given only when it can be 'proven beyond reasonable doubt'. The entire case (as confessed by CBI too) was based on circumstantial evidence. There are so many holes in the theory, so many botched up investigative turns, that it can not be said 'beyond reasonable doubt' that the parents killed Aarushi. Yet, they were convicted and are both currently serving life sentences.

Times of India and many other media houses are working on trying to get the case relooked at. It has happened before with Jessica Lal, and there is always a chance it can happen again. But what shook me up when I walked out of that hall last night, was how fragile our sense of security is. A well respected, educated, well-to-do family's life changed overnight and the belief they had in justice and judicial processes shattered forever. The parents died anyways, that exact moment when they saw their daughter dead (whether they are innocent or guilty). What scares me is how easy it is to get stuck in a legal vortex and how helpless that can make you. 

May the case one day be reopened. May truth be known, whatever it is. And if, by any chance, the parents are innocent, may the country hang its head in shame for allowing this to happen.    

PS- In other news, wonder why we haven't heard a word about the Sheena Bora case since Maria was transferred (such a coincidence, isn't it?). Oh well. 


That Girl said...

Terrible. I didnt know much about the Aarushi case but read about it on wikipedia.. dont know how true that account was... but there was definitely something really off... how could the police just let it be... I dont know but the whole thing gave me nightmares for a long time. That and the rapes happening all the time... whats up with India going nuts!

Harnoor Channi-Tiwary said...

I agree. Still scares me...the fact that swift justice sometimes is not justice at all, just swift closing of files.

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