Memory Loss Amid Rape Allegation — A new and disquieting campus controversy is unfolding at a prominent Kolkata college where the elected General Secretary (GS) of the student union, identified only by initials, now claims he has no recollection of the night when a fellow student accused him of rape. The shocking affidavit filed by the GS, who has most recently avoided paying bail, has sparked a wave of public outrage, intensified campus protests, and added pressure on authorities for a transparent and robust investigation.
What Happened? Timeline & Case Summary
- June 20: A senior female student filed a complaint alleging that the campus GS forcibly raped her within college grounds after luring her under the pretense of discussing student union matters.
- June 22: The student formally lodged an FIR at the Kolkata Police using relevant sections of the Bharatiya Nyaya Sanhita (rape, kidnapping, criminal intimidation).
- June 25: The GS was arrested after initial denial; he was later released on bail.
- July 10: The GS submits a judicial affidavit claiming memory loss, stating he cannot recall being near the complainant or what occurred the night in question.
The Memory Loss Claim: Legal Implications
In the affidavit, the GS states:
“I do not recall going to the girl student’s hostel room that night. I neither recollect any conversation with her nor any physical interaction.”
This medical-style claim of amnesia is unprecedented in the city’s campus politics and legal proceedings. Its effectiveness—and vulnerability—hinges on several factors:
1. Medical Verification
Courts normally require independent neurological or psychiatric evaluation to confirm that memory loss is genuine and not a strategy to avoid testimony.
2. Evidence Examination
The complaint is supported by CCTV footage from near the hostel building, WhatsApp chats indicating premeditation, and sworn witness statements. If these are definitive, the memory loss claim may not hold.
3. Legal Precedence
Indian courts have occasionally accepted amnesia claims, such as auto accident drivers or psychiatric patients, but in sexual assault cases, the burden to prove inability to recall is high and rarely sustained.
Investigation & Police Status
- The Kolkata Police’s Special Cell is handling the probe.
- Forensic teams are analysing CCTV logs, phone location data, WhatsApp conversations, and any physical traces.
- A medical report from the accused (requested by police) is pending, assessing neurological health and any impairments.
- Additional student testimonies are being recorded. An internal Fact-Finding Committee has been formed by the college, though it lacks full judicial authority.
Institutional and Administrative Reactions
The college administration has taken several steps:
- Suspension of the GS from student union functions pending the case outcome.
- Instituted a 24-hour grievance helpline and online portal for women students.
- Announced expanded CCTV coverage in all dormitories and common spaces.
Critics contend these are reactive measures and demand a more proactive stance, including helplines, educational workshops on consent, and structural changes to student governance.
Student Community & Gender Safety
- A student-led protest has blocked the campus’s main gate for three days, chanting slogans like “Safe college, not rape halls”.
- The movement includes an online manifesto calling for:
- Immediate resignation of GS from all college committees
- Formation of a permanent Sexual Assault Redressal Cell with legal and psychological support
- Institutional training for bystander intervention and sexual harassment awareness
A Related Case: Jadavpur University
Similar unrest followed the CUET student assault case here two years ago, triggering campus-wide protests and leading to legal reforms in safety protocols.
Memory Loss Amid Rape Allegation: The Legal Framework
Under the Bharatiya Nyaya Sanhita (BNS), the GS faces serious charges:
- Section 376 – Rape (punishable with a minimum of 10 years imprisonment)
- Section 363 – Kidnapping or abduction
- Section 341 – Wrongful restraint
- Section 506 – Criminal intimidation
He is also liable under the Protection of Children from Sexual Offences (POCSO), if the complainant is below 18. Gathering evidence via CCTV and digital records play a vital role.
Expert Insight: Dichotomy Between Memor(ies) and Evidence
- Dr Indrani Gupta, clinical psychologist, notes that amnesia can stem from genuine trauma but is rarely complete or selective. Courts recommend holistic evaluations.
- Adv Anjali Mehra, sexual rights lawyer, emphasizes:
“The complainant’s narrative, if corroborated by objective records—like logs and footage—renders the memory-loss claim insufficient to delay justice indefinitely.”
Systemic Issues: College Culture & Power Dynamics
This case highlights deeper concerns:
- Unbalanced power dynamics: GS holds influence, oversight over union meets, vote control.
- Lack of transparency: Students unaware of complaints against leaders or disciplinary procedures.
- Calls are growing to separate election and disciplinary powers, defaulting to neutral or external governance bodies.
Comparing with Other Campus Incidents
- Jadavpur University case (2023) saw mass protests due to allegations of sexual violence by student leaders, culminating in legal scrutiny but slow administrative response.
- Delhi University incidents (2021) triggered reforms requiring mandatory reporting, CCTV installation, and gender sensitization workshops.
These episodes show the urgent need for structural safeguards in college governance and flagging systems.
What Happens Next
- Forensic medical board to rule on GS’s claim of amnesia.
- Police to complete claims on digital, testimonial, and forensic evidence.
- Judicial trust: Courts may insist GS appear in person once memory claim is verified or refuted.
- Potential for trial in sessions court for non-bailable offence—rape is struck from compoundable list.
- Tribalization or polarization risk: Student groups aligned with politics may turn the campus into a battlefield.
External Reading & References
Legal Frameworks and Rights
-
Bharatiya Nyaya Sanhita (BNS) – Full Text
https://www.indiacode.nic.in
(Search for Sections related to sexual offences, wrongful restraint, intimidation.) -
Protection of Women from Sexual Offences – Ministry of Home Affairs
https://www.mha.gov.in/sites/default/files/POCSOAct.pdf -
Indian Penal Code (IPC) Commentary – Section 376 (Rape)
https://indiankanoon.org/doc/623254/
(Cited frequently in sexual assault legal proceedings.)
Campus Safety & UGC Guidelines
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UGC Guidelines for Safety of Students on and off Campuses
https://www.ugc.gov.in/pdfnews/2827340_Safety-measures-guidelines.pdf -
UGC Regulation on Prevention of Sexual Harassment (2015)
https://www.ugc.ac.in/pdfnews/5873997_UGC_regulations-harassment.pdf -
National Commission for Women – College Safety Initiatives
https://ncw.nic.in/college-safety-audit
Support and Reporting Resources
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National Commission for Women (NCW) Online Complaint Portal
https://www.ncwwomenhelpline.in/ -
She-Box: Government of India Sexual Harassment Reporting Platform
https://shebox.nic.in/
Medical & Psychological Context
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WHO Factsheet on Trauma-Related Memory Loss
https://www.who.int/news-room/fact-sheets/detail/mental-health -
Indian Psychiatric Society – Sexual Trauma & Memory Disorders
https://indianpsychiatricsociety.org/ (Search “memory recall and trauma”)
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Closing Reflection: Beyond One Incident
This case is emblematic of a continuing crisis in campus governance and gender safety across India. It reveals how power dynamics, enforcement gaps, and institutional inertia can create environments ripe for abuse. The GS’s claim of memory loss is just one facet. What matters is whether the legal system, student governance, and public ethics collectively ensure justice, dismantle impunity, and reinforce college campuses as secure spaces for learning and dignity.
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