Bishop Franco Mulakkal sexual abuse case: Survivor-nun welcomes appointment of special public prosecutor

The Bishop Franco Mulakkal sexual abuse case represents a watershed moment in India's ongoing struggle for justice, particularly for victims of sexual assault within powerful institutions. The recent development, where the survivor-nun welcomed the Kerala government's decision to appoint a Special Public Prosecutor (SPP), underscores the persistent fight for fair legal proceedings and highlights the responsiveness of the state machinery to a victim's plea.

**Background Context and What Happened:** The controversy erupted in 2018 when a nun from the Missionaries of Jesus congregation accused Bishop Franco Mulakkal, then the Bishop of Jalandhar Diocese, of repeatedly raping her between 2014 and 2016 at a convent in Kottayam, Kerala. The allegations sent shockwaves across the country, particularly given Mulakkal's high-ranking position within the Catholic Church. The case gained national attention due to the survivor-nun's unwavering resolve and the public support she received, particularly from a group of five fellow nuns who protested for justice in Kochi. Following immense pressure, Mulakkal was arrested in September 2018 and subsequently released on bail. The trial commenced, but the survivor-nun, through her legal team, expressed concerns about the impartiality and effectiveness of the existing prosecution, leading her to request the appointment of a Special Public Prosecutor. Her recent public statement, where she revealed her identity and thanked the Kerala government and Chief Minister for accepting her request, marks a significant procedural development aimed at ensuring a robust and victim-centric prosecution.

**Key Stakeholders Involved:** At the heart of this case is the **survivor-nun**, whose courage in pursuing justice against a powerful figure has inspired many. Her decision to reveal her identity signifies a powerful step towards destigmatization and reclaiming agency. **Bishop Franco Mulakkal** is the accused, representing the challenge of holding powerful individuals accountable. The **Kerala Government** and its **Chief Minister** are crucial stakeholders, as their decision to appoint an SPP demonstrates governmental responsiveness and commitment to upholding the rule of law. The **Indian Judiciary**, including the trial courts and potentially higher courts, plays a pivotal role in ensuring a fair trial. **Public and civil society organizations**, along with the **media**, have been instrumental in advocating for the survivor-nun and maintaining public pressure, thereby influencing the pace and direction of the investigation and trial. Lastly, the **Catholic Church** in India is an indirect but significant stakeholder, as the case has raised questions about institutional accountability, internal mechanisms for addressing abuse, and the protection of victims within religious orders.

**Significance for India and Broader Themes:** This case holds profound significance for India. Socially, it has ignited critical discussions about sexual abuse within religious institutions, challenging the traditional deference given to such figures and empowering victims to speak out. It underscores the ongoing struggle for women's safety and dignity, particularly in contexts where power imbalances are stark. Legally, the appointment of an SPP is a testament to the emphasis on ensuring a fair and fearless prosecution, especially in high-profile and sensitive cases. It reinforces the principles of the **Code of Criminal Procedure (CrPC)**, specifically **Section 24**, which deals with the appointment of Public Prosecutors, and highlights the state's discretion to appoint an SPP when deemed necessary for justice. Constitutionally, the case touches upon **Article 21 (Right to Life and Personal Liberty)**, which includes the right to dignity, fair trial, and access to justice for victims, and **Article 14 (Equality before Law)**, ensuring that no individual is above the law, regardless of their position or influence. This case links to broader themes of governance, accountability, and social justice, demonstrating how a resilient victim, supported by civil society and a responsive government, can push the boundaries of institutional power.

**Historical Context and Future Implications:** Historically, India has witnessed instances of alleged abuse within various religious and social institutions, often met with silence or internal cover-ups. What sets this case apart is the sustained public and media attention, and the survivor-nun's refusal to be silenced. The appointment of an SPP bodes well for the future implications of the case. It is expected to strengthen the prosecution's strategy, potentially leading to a more focused and expedited trial. For victim rights, this development could serve as an encouraging precedent, inspiring more survivors to seek justice, knowing that the state machinery can be moved to ensure a fair process. It also places increased pressure on powerful institutions, religious or otherwise, to establish transparent mechanisms for addressing complaints of abuse and ensuring accountability. The outcome of this trial will undoubtedly set a benchmark for how India's legal system handles cases involving influential figures, shaping public trust in the judiciary and the government's commitment to justice for all citizens.