30.1.12
Times of India
Ban 2-finger test on rape victims: Panel
NEW DELHI: In a move aimed to protect victims of sexual abuse from further mental trauma, a high powered government committee has recommended abolishing the "two finger test" for determining rape or sexual assault.
Rape survivors are routinely subjected to forensic examination that include the "finger" test. Social activists have for long been demanding a ban on the "archaic and outdated" practice. They termed the test "unscientific and degrading".
In a bid to protect child victims of sexual abuse, the committee also suggests that such victims should not be made to give statements repeatedly to the police, magistrate, court etc, arguing that these procedures further heightened the trauma for victims of sexual abuse.
As children are often not able to describe the exact nature of sexual abuse, the panel said the law should allow expert witnesses like child psychologists and doctors to depose on their behalf about the abuse suffered by them.
"The Code of Criminal Procedure Code will need to be reviewed to make the procedures more women and child friendly. The two finger test should be abolished," Planning Commission's working group headed by secretary, women and child development ministry, said.
It was argued that the law should be amended to provide for immediate medical attention and counseling for victims of sexual abuse, particularly children, to deal with the trauma. The group wanted existing provisions of IPC to be reviewed with regard to the definition of 'rape' as it did not address certain crimes that have been or are being increasingly committed against women and children.
The concerns raised regarding the definition for sexual harassment (commonly known as eve-teasing) in Section 509 of the IPC and changes in language may be necessary, it said, arguing that stalking is another offence against women which is not recognized as a specific offence in the IPC. "This needs to be looked into as the victim of stalking is repeatedly and over a period of time harassed in a variety of ways," the group said.
The panel noted that according to the National Family Health Survey, one-third of women aged 15 to 49 had experienced physical violence, and approximately one in 10 had been a victim of sexual violence.
A study of data from the National Crime Records Bureau (NCRB) shows that the number of crimes against women increased by 29.6% between 2006 and 2010. These numbers have to be viewed keeping in mind that not all crimes against women are reported and the actual numbers may give even greater cause for concern.
The group found low conviction rates more disturbing as this reflected that many of these cases were not being prosecuted properly and inadequate proof was tendered before the courts. In 2010, there were 22,171 reported cases of rape and conviction rate was mere 26.6%. Around 40,613 molestation cases were reported in which the conviction rate 29.7% and 9,961 harassment cases were reported with conviction rate of 52%.
January 30, 2012
January 22, 2012
20.1.12
Times of India
Government plans to make rape law gender neutral
(The government has proposed that the offence of rape be made “gender neutral” by amending the law so that sexual assault on men can also be proceeded against under the same statute.)
NEW DELHI: The government has proposed that the offence of rape be made "gender neutral" by amending the law so that sexual assault on men can also be proceeded against under the same statute. It also plans to make specific laws on stalking and acid attacks on women.
The change in the rape law is being drafted by the ministry of women and child development (WCD) as part of the criminal law (amendment) bill, 2011. The bill will replace the word `rape' with sexual assault, and also propose suitable amendments to make the law gender neutral.
The bill can prove to be path-breaking as sodomy is punishable under Section 377 of the penal code. The section was struck down by the Delhi High Court in 2009 while dealing with a petition filed by an NGO fighting for gay rights, but the court also held that non-consensual sexual acts remain an offence.
The amendments come in the light of increasing number of sexual crimes reported against women as well as men. The National Crime Records Bureau recorded an increase of 4.8% of crime against women, with 2.13 lakh cases reported in 2010.
The ministry has recommended that a new Section 326A (hurt by acid attack) and Section 326B (attempt to throw or administer acid) that deals with offenders who burn or disables a person or causes grievous hurt be made punishable with imprisonment of 10 years, extendable to life term and a fine up to Rs 10 lakh. Similarly, attempt to throw acid can attract imprisonment of five-seven years.
These amendments are likely to be widely welcomed given the incidence of women being targeted by acid attacks by persons whose advances have been rejected. Courts have often expressed anguish over the brutal and vengeful nature of the crime and called for exemplary punishment for offenders.
Fines collected shall be given to victims of acid attacks. The provision is expected to compensate the victim for mental and physical trauma as well as medical expenses. It is felt that such measures can augment state assistance.
Amendments have been proposed to IPC sections to replace the word `rape' with `sexual assault'. The bill also proposes to introduce a new Section 509B in the penal code to make stalking punishable with maximum imprisonment of seven years. Stalking will include following a woman repeatedly, contacting her through phone, mail or any other form of communication or loitering or watching the place where she works or lives.
The ministry is planning significant changes in Section 375 dealing with sexual intercourse between husband and wife. The current provision says the age of the wife should not be below 15 years. It has been recommended that this be increased to 16 years. The legal age of marriage is 18, but courts have dealt with "age of consent" in cases where a man is accused of statutory rape. The conflict arises when the girl has consented, although below marriageable age, but her relatives have filed charges of rape.
The bill also provides for higher penalties for molestation, increasing punishment from one to three years in jail and a fine of at least Rs 1,000 for ``outraging the modesty of a woman". The ministry has recommended retaining Section 377 of the IPC since the HC judgment for decriminalizing same gender sexual intercourse has been challenged in the Supreme Court.
Other provisions include stressing that evidence not take into account character and previous sexual experience of a person with the issue of consent or quality of consent. If recommendations are accepted it will mean a victim cannot be allowed to be cross-examined in case of sexual offence nor will s/he be confronted with the accused.
The changes are part of a proposal moved by the ministry of home affairs to amend the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act on provisions pertaining to sexual assault. A high-power committee that included representatives' from home, women and child development and law ministries and National Commission for Women (NCW) examined the amendments.
The draft Cabinet note was circulated to ministries for their comments in December, and put before the Union Cabinet for its approval.
TIMES VIEW The proposal to widen the definition of rape to make it gender neutral is welcome. It serves to bridge a long-felt gap in the statute books which made it difficult to deal with sexual abuse, in particular, of young boys. We also hope that the government and lawmakers will realize that this is not the only law that's out-dated. It's time for a comprehensive review of all laws to weed out those which are obsolete, update those which need to be brought in sync with the times and introduce fresh ones that changing technology and societal norms make necessary.
Times of India
Government plans to make rape law gender neutral
(The government has proposed that the offence of rape be made “gender neutral” by amending the law so that sexual assault on men can also be proceeded against under the same statute.)
NEW DELHI: The government has proposed that the offence of rape be made "gender neutral" by amending the law so that sexual assault on men can also be proceeded against under the same statute. It also plans to make specific laws on stalking and acid attacks on women.
The change in the rape law is being drafted by the ministry of women and child development (WCD) as part of the criminal law (amendment) bill, 2011. The bill will replace the word `rape' with sexual assault, and also propose suitable amendments to make the law gender neutral.
The bill can prove to be path-breaking as sodomy is punishable under Section 377 of the penal code. The section was struck down by the Delhi High Court in 2009 while dealing with a petition filed by an NGO fighting for gay rights, but the court also held that non-consensual sexual acts remain an offence.
The amendments come in the light of increasing number of sexual crimes reported against women as well as men. The National Crime Records Bureau recorded an increase of 4.8% of crime against women, with 2.13 lakh cases reported in 2010.
The ministry has recommended that a new Section 326A (hurt by acid attack) and Section 326B (attempt to throw or administer acid) that deals with offenders who burn or disables a person or causes grievous hurt be made punishable with imprisonment of 10 years, extendable to life term and a fine up to Rs 10 lakh. Similarly, attempt to throw acid can attract imprisonment of five-seven years.
These amendments are likely to be widely welcomed given the incidence of women being targeted by acid attacks by persons whose advances have been rejected. Courts have often expressed anguish over the brutal and vengeful nature of the crime and called for exemplary punishment for offenders.
Fines collected shall be given to victims of acid attacks. The provision is expected to compensate the victim for mental and physical trauma as well as medical expenses. It is felt that such measures can augment state assistance.
Amendments have been proposed to IPC sections to replace the word `rape' with `sexual assault'. The bill also proposes to introduce a new Section 509B in the penal code to make stalking punishable with maximum imprisonment of seven years. Stalking will include following a woman repeatedly, contacting her through phone, mail or any other form of communication or loitering or watching the place where she works or lives.
The ministry is planning significant changes in Section 375 dealing with sexual intercourse between husband and wife. The current provision says the age of the wife should not be below 15 years. It has been recommended that this be increased to 16 years. The legal age of marriage is 18, but courts have dealt with "age of consent" in cases where a man is accused of statutory rape. The conflict arises when the girl has consented, although below marriageable age, but her relatives have filed charges of rape.
The bill also provides for higher penalties for molestation, increasing punishment from one to three years in jail and a fine of at least Rs 1,000 for ``outraging the modesty of a woman". The ministry has recommended retaining Section 377 of the IPC since the HC judgment for decriminalizing same gender sexual intercourse has been challenged in the Supreme Court.
Other provisions include stressing that evidence not take into account character and previous sexual experience of a person with the issue of consent or quality of consent. If recommendations are accepted it will mean a victim cannot be allowed to be cross-examined in case of sexual offence nor will s/he be confronted with the accused.
The changes are part of a proposal moved by the ministry of home affairs to amend the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act on provisions pertaining to sexual assault. A high-power committee that included representatives' from home, women and child development and law ministries and National Commission for Women (NCW) examined the amendments.
The draft Cabinet note was circulated to ministries for their comments in December, and put before the Union Cabinet for its approval.
TIMES VIEW The proposal to widen the definition of rape to make it gender neutral is welcome. It serves to bridge a long-felt gap in the statute books which made it difficult to deal with sexual abuse, in particular, of young boys. We also hope that the government and lawmakers will realize that this is not the only law that's out-dated. It's time for a comprehensive review of all laws to weed out those which are obsolete, update those which need to be brought in sync with the times and introduce fresh ones that changing technology and societal norms make necessary.
January 13, 2012
11.1.12
DNA
Rapes up in Mumbai, but there’s no word on molestation
The long arm of the law doesn’t appear to strike much fear in the hearts of criminals anymore. Numbers prove so.
As per the recent statistics of crime in the city, released by the police on Tuesday, registered rape cases rose by 27 last year as compared to the 192 in 2010.
Of the 219 rape cases registered in 2011, 139 involve minors. The accused, a majority of which were parents, relatives, friends, acquaintances neighbours, were known to 206 victims. In total, the accused were apprehended or identified in 209 cases.
What are missing from the police’s statistics, though, are the figures for molestation cases.
In 2011, 597 women were rescued from brothels in a number of raids held by the local police and the social service branch. During the rescue operations, 302 accused were arrested for trafficking of women and 131 cases lodged thereafter.
“Security is a priority but people must become responsible,” said Himanshu Roy, joint commissioner of police, crime.
Commissioner of police Arup Patnaik assured that there will be zero tolerance to crime against women, “The security of women in the city is our top priority.”
Although the police were quiet about the cases of molestation, Patnaik said the zonal deputy commissioners of police have been asked to take each case of molestation and eve-teasing seriously. “There are special teams that have been set up in the suburbs to deal with these problems,” he added.
DNA
Rapes up in Mumbai, but there’s no word on molestation
The long arm of the law doesn’t appear to strike much fear in the hearts of criminals anymore. Numbers prove so.
As per the recent statistics of crime in the city, released by the police on Tuesday, registered rape cases rose by 27 last year as compared to the 192 in 2010.
Of the 219 rape cases registered in 2011, 139 involve minors. The accused, a majority of which were parents, relatives, friends, acquaintances neighbours, were known to 206 victims. In total, the accused were apprehended or identified in 209 cases.
What are missing from the police’s statistics, though, are the figures for molestation cases.
In 2011, 597 women were rescued from brothels in a number of raids held by the local police and the social service branch. During the rescue operations, 302 accused were arrested for trafficking of women and 131 cases lodged thereafter.
“Security is a priority but people must become responsible,” said Himanshu Roy, joint commissioner of police, crime.
Commissioner of police Arup Patnaik assured that there will be zero tolerance to crime against women, “The security of women in the city is our top priority.”
Although the police were quiet about the cases of molestation, Patnaik said the zonal deputy commissioners of police have been asked to take each case of molestation and eve-teasing seriously. “There are special teams that have been set up in the suburbs to deal with these problems,” he added.
11.1.12
Times of India
2011 saw an increase of rape in Mumbai
An analysis of rape offences registered by the Mumbai Police last year has shown that in 94 % cases the perpetrators were known to the victim. There has been an increase in rape cases registered , from 192 cases in 2010 to 219 cases in 2011.
But, overall crime decreased by 4% in the city.
Senior officials said the fact that only 5% cases were committed by strangers last year showed that the city's streets were not as mean.
"Of the 219 cases of rape registered last year, six were committed by parents (mostly victim's father ) or close family members, nine by relatives, 26 by neighbours, 65 by men making false promises of marriage and 100 by known persons," joint commissioner (crime ) Himanshu Roy said. "Only 13 cases involved complete strangers."
The Amboli molestation case, where Keenan Santos and Reuben Fernandez were murdered when they tried to protect their female friends from harassment in October last year, drew strong reactions from across the globe. Police commissioner Arup Patnaik said the safety of women was their top priority and was taken very seriously. "A special squad to curb eve-teasing was started in the west region following the Amboli incident, and they have made hundreds of detentions," he added.
Women's rights activists pointed out that targeting young women in public places has drastically increased. "When penal action isn't taken against a criminal, it only emboldens him. Take the case of a 14-year-old from Borivli who was abducted and raped for 34 days by two men before she was rescued in mid-November last year. Two days before she was kidnapped, the girl had lodged a complaint with the police, alleging molestation by the duo. But instead of taking strict action, the police booked the two men under lighter, non-cognizable sections and let them off with a warning," said Sonya Gill of the All India Democratic Women's Organization.
Nandita Gandhi, co-director of the NGO Akshara, said, "If the population is high in a place, such as in buses, the danger of sexual harassment or violence goes up. This holds true even if the population is totally sparse." Akshara had conducted a survey among college girls, who had reported a high degree of harassment.
Times of India
2011 saw an increase of rape in Mumbai
An analysis of rape offences registered by the Mumbai Police last year has shown that in 94 % cases the perpetrators were known to the victim. There has been an increase in rape cases registered , from 192 cases in 2010 to 219 cases in 2011.
But, overall crime decreased by 4% in the city.
Senior officials said the fact that only 5% cases were committed by strangers last year showed that the city's streets were not as mean.
"Of the 219 cases of rape registered last year, six were committed by parents (mostly victim's father ) or close family members, nine by relatives, 26 by neighbours, 65 by men making false promises of marriage and 100 by known persons," joint commissioner (crime ) Himanshu Roy said. "Only 13 cases involved complete strangers."
The Amboli molestation case, where Keenan Santos and Reuben Fernandez were murdered when they tried to protect their female friends from harassment in October last year, drew strong reactions from across the globe. Police commissioner Arup Patnaik said the safety of women was their top priority and was taken very seriously. "A special squad to curb eve-teasing was started in the west region following the Amboli incident, and they have made hundreds of detentions," he added.
Women's rights activists pointed out that targeting young women in public places has drastically increased. "When penal action isn't taken against a criminal, it only emboldens him. Take the case of a 14-year-old from Borivli who was abducted and raped for 34 days by two men before she was rescued in mid-November last year. Two days before she was kidnapped, the girl had lodged a complaint with the police, alleging molestation by the duo. But instead of taking strict action, the police booked the two men under lighter, non-cognizable sections and let them off with a warning," said Sonya Gill of the All India Democratic Women's Organization.
Nandita Gandhi, co-director of the NGO Akshara, said, "If the population is high in a place, such as in buses, the danger of sexual harassment or violence goes up. This holds true even if the population is totally sparse." Akshara had conducted a survey among college girls, who had reported a high degree of harassment.
January 1, 2012
31.12.11
DNA
Penetration must for rape conviction: Bombay HC
A man can be convicted for rape only if there is penetration, the Bombay high court observed on Friday as it set aside the sentence of a 37-year-old who was charged with raping the daughter of his stepsister in May 2006.
Satish Shinde, who was arrested in December 2006, will now walk free from prison after having served five-and-a-half years of his seven-year rigorous imprisonment, handed out to him by a sessions court on November 26, 2007.
Shinde had approached the HC challenging the order of the sessions court.
The prosecution told the HC that the girl, who lives in Korphale village in Solapur, was slapped by her mother on May 2, 2006. The upset girl called up Shinde, her mother’s stepbrother, who said he would pick her up from a bus stop junction and drop her to her maternal uncle’s house in Dhorle. The prosecution alleged that Shinde raped her on the way.
Ujwal Agandsurve, Shinde’s advocate, argued that the girl’s evidence was unreliable. The medical evidence showed there was no penetration at all. Also, the chemical analyser’s report showed that no traces of semen were found on the clothes which the girl wore on that day.
Agandsurve pointed out to the court that the girl’s uncle was not examined. Also, the aunt turned hostile and did not support the prosecution before the trial court.
Acquitting Shinde, the court observed: “As such, there are serious doubts about the genuineness of the prosecution’s case. It is highly risky to rely upon the evidence of the girl in view of the other evidence brought on record
DNA
Penetration must for rape conviction: Bombay HC
A man can be convicted for rape only if there is penetration, the Bombay high court observed on Friday as it set aside the sentence of a 37-year-old who was charged with raping the daughter of his stepsister in May 2006.
Satish Shinde, who was arrested in December 2006, will now walk free from prison after having served five-and-a-half years of his seven-year rigorous imprisonment, handed out to him by a sessions court on November 26, 2007.
Shinde had approached the HC challenging the order of the sessions court.
The prosecution told the HC that the girl, who lives in Korphale village in Solapur, was slapped by her mother on May 2, 2006. The upset girl called up Shinde, her mother’s stepbrother, who said he would pick her up from a bus stop junction and drop her to her maternal uncle’s house in Dhorle. The prosecution alleged that Shinde raped her on the way.
Ujwal Agandsurve, Shinde’s advocate, argued that the girl’s evidence was unreliable. The medical evidence showed there was no penetration at all. Also, the chemical analyser’s report showed that no traces of semen were found on the clothes which the girl wore on that day.
Agandsurve pointed out to the court that the girl’s uncle was not examined. Also, the aunt turned hostile and did not support the prosecution before the trial court.
Acquitting Shinde, the court observed: “As such, there are serious doubts about the genuineness of the prosecution’s case. It is highly risky to rely upon the evidence of the girl in view of the other evidence brought on record
31.12.11
DNA
Provocative dress invites rape, says AP police chief
In a mind-your-attire-like statement, the police chief of Andhra Pradesh has attributed the increase in crime against women to the dress they wear.
Claiming that the modern women are more vulnerable to rape, AP’s director general of police V Dinesh Reddy said provocative dress of women was one of the reasons for the incidence of rape, and police have no control over that.
Reddy was responding to a set of queries raised by the media on the rise in number of rape cases in the state during 2011.
Andhra Pradesh reported 1,291 rape cases till November this year against1,228 during the corresponding period last year and 1,147 in 2009.
Reddy also referred to his experience in his own village in coastal Nellore district where, he said, women wore dresses that covered their entire body.
“Now, wealth has increased, corporate styles have seeped into the villages bringing in liquor and other cosmopolitan cultures. These modern women are more vulnerable to rapes,” he said.
According to him, the police have little role to play in the unfolding of unfortunate events when the women wear provocative dresses.
The number of rapes and murders in Andhra Pradesh rose significantly during 2011. There were about 2,522 murders reported till November 2011 as against 2,465 in 2010 and 2,381 in 2009.
While addressing both the issues together, Reddy said two major crimes were linked to social factors and the police were not to blame.
When questioned what solution he would suggest to bring down the incidence of rapes, Reddy said, “We will cross the bridge when we reach there.”
The DGP’s comments kicked up a row in the statewith women’s groups condemning the way the police chief was trying to wash his hands off.
In Delhi, Union home minister PChidambaram dismissed Reddy’s assertion, stating people were entitled to dress the way he or she feels and there can be no moral policing on choice of clothes.
“I strongly disagree with that statement. Everyone is entitled to dress the way he or she pleases as long as he or she has regards to the occasion, the place and the context. Obviously, you don’t wear a whole lot of clothes to play football or tennis and you don’t wear swimwear and go to a cocktail party,” Chidambaram said. The home minister said there cannot be any kind of moral policing and “certainly not by a DGP”.
With the comments all set to snowball, the DGP’s office swung into action by way of sending a clarification which, however, did not deny what the DGP had said.
DNA
Provocative dress invites rape, says AP police chief
In a mind-your-attire-like statement, the police chief of Andhra Pradesh has attributed the increase in crime against women to the dress they wear.
Claiming that the modern women are more vulnerable to rape, AP’s director general of police V Dinesh Reddy said provocative dress of women was one of the reasons for the incidence of rape, and police have no control over that.
Reddy was responding to a set of queries raised by the media on the rise in number of rape cases in the state during 2011.
Andhra Pradesh reported 1,291 rape cases till November this year against1,228 during the corresponding period last year and 1,147 in 2009.
Reddy also referred to his experience in his own village in coastal Nellore district where, he said, women wore dresses that covered their entire body.
“Now, wealth has increased, corporate styles have seeped into the villages bringing in liquor and other cosmopolitan cultures. These modern women are more vulnerable to rapes,” he said.
According to him, the police have little role to play in the unfolding of unfortunate events when the women wear provocative dresses.
The number of rapes and murders in Andhra Pradesh rose significantly during 2011. There were about 2,522 murders reported till November 2011 as against 2,465 in 2010 and 2,381 in 2009.
While addressing both the issues together, Reddy said two major crimes were linked to social factors and the police were not to blame.
When questioned what solution he would suggest to bring down the incidence of rapes, Reddy said, “We will cross the bridge when we reach there.”
The DGP’s comments kicked up a row in the statewith women’s groups condemning the way the police chief was trying to wash his hands off.
In Delhi, Union home minister PChidambaram dismissed Reddy’s assertion, stating people were entitled to dress the way he or she feels and there can be no moral policing on choice of clothes.
“I strongly disagree with that statement. Everyone is entitled to dress the way he or she pleases as long as he or she has regards to the occasion, the place and the context. Obviously, you don’t wear a whole lot of clothes to play football or tennis and you don’t wear swimwear and go to a cocktail party,” Chidambaram said. The home minister said there cannot be any kind of moral policing and “certainly not by a DGP”.
With the comments all set to snowball, the DGP’s office swung into action by way of sending a clarification which, however, did not deny what the DGP had said.
December 30, 2011
30.12.11
Hindustan Times
Rape, molestation rise in the East
For nearly a month, Rashmi Sethi (name changed), 23, was followed by two men on a bike from her Tilak Nagar home to her college in Chembur, in October.
Initially, Sethi ignored the duo. Soon, they began waiting around her building every morning, waiting for her to leave for college at 7.30 am.
When the two college dropouts got hold of Sethi's mobile number began calling her, she panicked. "I got my college friends to trace them and talk to them. I even got in touch with a local non-government organisation (NGO) for help, she said. "I am new to the city and still figuring out the place. This incident has left me shaken," added Sethi, who was so disturbed by the incident that she even contemplated moving to another locality.
Tilak Nagar, a predominantly residential area in the city's east region, is surrounded by slums and at night its streets are poorly lit and the railway station gets deserted. This year, six cases of molestation of women were registered in Tilak Nagar. Earlier this year, Nehru Nagar, another area in the east region, made headlines when three young girls went missing. Their bodies were later found in different parts of Nehru Nagar. Medical examination confirmed that they had been raped. The police are yet to trace the killer(s).
Till November 30, the 18 police stations in the east region had registered 175 cases of crime against women including rape, with 51 cases, molestation, with 113 and and 11 instances of eve teasing
Police and residents attribute the rising crime in the eastern region, which extends from Chunnabhati to Bhandup, to the sudden growth of slums, migrant population and rehabilitation of project affected people. "Most crimes against women in the region happen in slums or areas near slums. Usually, the offenders are known to the victim," said Sanjay Shintre, deputy commissioner of police, Zone 7. Police said that area such as Nehru Nagar, Mankhurd, Deonar, Chembur, Shivaji Nagar in the east region have worst record for crime against women.
However, local residents feel that the police are not doing enough to bring criminals to book, and are not taking cases of harassment seriously. "Chembur Camp and Nehru Nagar are home to commercial sex workers and former bar girls. Men loiter in these areas late at night. Most streets are poorly lit, making the area potentially unsafe, said Raj Kumar Sharma, a Chembur resident and co-coordinator in the organisation, Action for Good Governance and Networking in India (AGNI).
"The police do not take cases of eve teasing and assault seriously. For them, VIP security remains a priority," said Anagha Sarpotdar, a professor at the Tata Institute of Social Sciences (TISS) in Deonar."
In an effort to curb the rising crime against women in the east region and increase awareness among residents, more than 14 not-for-profit organisations in Zone 6 (Chembur, Govandi, Nehru Nagar, Tilak Nagar, Mankhurd, Trombay, RCF and Chunnabhati) have come together to form the Forum for Women and Girls against Violent Activities. More than 65 volunteers have set up a vigilante committee to help women who have faced sexual assault or harassment register a first information report (FIR) with the police. Forum members meet police officers once a month, to review cases in the area. It also counsels family members
The forum receives about 20 complaints of eve teasing, sexual assault or rape every month.
"At times, the police do not want to register an FIR to avoid investigations, and thus women are turned away," said Sujata Lavande, member, Committee of Resource Organisation (CORO), one of the NGOs part of the forum. "Victims of sexual assault are often hesitant to talk to the police. We counsel them to report the matter at the earliest," she added.
30.12.11
DNA
Sex with girl above 16 does not make it consensual, rules Bombay HC
Merely because the victim of a sexual assault is above 16 does not necessarily imply a consensual intercourse, observed the Bombay high court while upholding the conviction of one Namdeo Gavali in a minor’s rape in 2006.
Upholding Gavali’s conviction, Justice RC Chavanobserved: “Since the victim has stated having resisted the act, she was forced into intercourse by the appellant. Even if the minor victim is above 16, it amounts to rape.” According to the prosecution, the victim was studying in Standard VII, but had possibly given up schooling and started going for some other work.
Public prosecutor Rajshree Gadhvi claimed the girl was acquainted with Gavali, as he would visit the village for fixing television dish antennas. On February 17, 2006 evening, when she was returning home from field work, Gavali called her to the river bank where he raped her, alleged the prosecution. But her protesting cries drew the attention of her parents, who were nearby. Police immediately reached the spot and apprehended Gavali.
However, defence advocate Arfan Sait claimed that the victim was meeting Gavali regularly, despite her parents disapproving of it and asking her to stay away from him. Also, while Gavali’s medical report showed him to be under the influence of liquor on the day of the incident, the victim’s report stated that she suffered no injuries as a result of the intercourse allegedly forced upon her.
In fact, the two doctors who examined the victim, apart from deposing before the trial court the absence of any marks indicating the girl having been subjected to rape, also said she was habituated to intercourse.
When Sait contended that the disapproving parents could have falsely implicated Gavali, justice Chavan observed that the fact that she resisted Gavali implied rape. However, the high court opined that the sessions judge should not have awarded a seven-year jail term and reduced his sentence to a five-year term.
As Gavali, who has been behind bars since his arrest in 2006, has already served over five years in jail, the high court ordered his release.
Hindustan Times
Rape, molestation rise in the East
For nearly a month, Rashmi Sethi (name changed), 23, was followed by two men on a bike from her Tilak Nagar home to her college in Chembur, in October.
Initially, Sethi ignored the duo. Soon, they began waiting around her building every morning, waiting for her to leave for college at 7.30 am.
When the two college dropouts got hold of Sethi's mobile number began calling her, she panicked. "I got my college friends to trace them and talk to them. I even got in touch with a local non-government organisation (NGO) for help, she said. "I am new to the city and still figuring out the place. This incident has left me shaken," added Sethi, who was so disturbed by the incident that she even contemplated moving to another locality.
Tilak Nagar, a predominantly residential area in the city's east region, is surrounded by slums and at night its streets are poorly lit and the railway station gets deserted. This year, six cases of molestation of women were registered in Tilak Nagar. Earlier this year, Nehru Nagar, another area in the east region, made headlines when three young girls went missing. Their bodies were later found in different parts of Nehru Nagar. Medical examination confirmed that they had been raped. The police are yet to trace the killer(s).
Till November 30, the 18 police stations in the east region had registered 175 cases of crime against women including rape, with 51 cases, molestation, with 113 and and 11 instances of eve teasing
Police and residents attribute the rising crime in the eastern region, which extends from Chunnabhati to Bhandup, to the sudden growth of slums, migrant population and rehabilitation of project affected people. "Most crimes against women in the region happen in slums or areas near slums. Usually, the offenders are known to the victim," said Sanjay Shintre, deputy commissioner of police, Zone 7. Police said that area such as Nehru Nagar, Mankhurd, Deonar, Chembur, Shivaji Nagar in the east region have worst record for crime against women.
However, local residents feel that the police are not doing enough to bring criminals to book, and are not taking cases of harassment seriously. "Chembur Camp and Nehru Nagar are home to commercial sex workers and former bar girls. Men loiter in these areas late at night. Most streets are poorly lit, making the area potentially unsafe, said Raj Kumar Sharma, a Chembur resident and co-coordinator in the organisation, Action for Good Governance and Networking in India (AGNI).
"The police do not take cases of eve teasing and assault seriously. For them, VIP security remains a priority," said Anagha Sarpotdar, a professor at the Tata Institute of Social Sciences (TISS) in Deonar."
In an effort to curb the rising crime against women in the east region and increase awareness among residents, more than 14 not-for-profit organisations in Zone 6 (Chembur, Govandi, Nehru Nagar, Tilak Nagar, Mankhurd, Trombay, RCF and Chunnabhati) have come together to form the Forum for Women and Girls against Violent Activities. More than 65 volunteers have set up a vigilante committee to help women who have faced sexual assault or harassment register a first information report (FIR) with the police. Forum members meet police officers once a month, to review cases in the area. It also counsels family members
The forum receives about 20 complaints of eve teasing, sexual assault or rape every month.
"At times, the police do not want to register an FIR to avoid investigations, and thus women are turned away," said Sujata Lavande, member, Committee of Resource Organisation (CORO), one of the NGOs part of the forum. "Victims of sexual assault are often hesitant to talk to the police. We counsel them to report the matter at the earliest," she added.
30.12.11
DNA
Sex with girl above 16 does not make it consensual, rules Bombay HC
Merely because the victim of a sexual assault is above 16 does not necessarily imply a consensual intercourse, observed the Bombay high court while upholding the conviction of one Namdeo Gavali in a minor’s rape in 2006.
Upholding Gavali’s conviction, Justice RC Chavanobserved: “Since the victim has stated having resisted the act, she was forced into intercourse by the appellant. Even if the minor victim is above 16, it amounts to rape.” According to the prosecution, the victim was studying in Standard VII, but had possibly given up schooling and started going for some other work.
Public prosecutor Rajshree Gadhvi claimed the girl was acquainted with Gavali, as he would visit the village for fixing television dish antennas. On February 17, 2006 evening, when she was returning home from field work, Gavali called her to the river bank where he raped her, alleged the prosecution. But her protesting cries drew the attention of her parents, who were nearby. Police immediately reached the spot and apprehended Gavali.
However, defence advocate Arfan Sait claimed that the victim was meeting Gavali regularly, despite her parents disapproving of it and asking her to stay away from him. Also, while Gavali’s medical report showed him to be under the influence of liquor on the day of the incident, the victim’s report stated that she suffered no injuries as a result of the intercourse allegedly forced upon her.
In fact, the two doctors who examined the victim, apart from deposing before the trial court the absence of any marks indicating the girl having been subjected to rape, also said she was habituated to intercourse.
When Sait contended that the disapproving parents could have falsely implicated Gavali, justice Chavan observed that the fact that she resisted Gavali implied rape. However, the high court opined that the sessions judge should not have awarded a seven-year jail term and reduced his sentence to a five-year term.
As Gavali, who has been behind bars since his arrest in 2006, has already served over five years in jail, the high court ordered his release.
December 29, 2011
26.12.11
Hindustan Times
Western region least safe for women
The city’s western region is dotted with swanky and upscale areas such as Bandra, Khar, Santacruz and Oshiwara. So it comes as a shock that it is also the most unsafe region for women in the city, according to an analysis of figures released by the Mumbai police. On December 18,published a news report highlighting that crimes against women in the city had risen substantially in 2011, as compared to last year.
The report, based on statistics from the police, raised a question mark on Mumbai’s ‘safe city’ tag — a myth that was also busted by findings of the HT-Akshara survey, for which 4,225 women across the city were interviewed. The survey, conducted in November, revealed that 95 % women interviewed had been sexually harassed or assaulted. 99% considered sexual harassment to be the foremost personal safety risk in public spaces.
Going a step further, we analysed statistics provided by the police, to see which regions were the least safe for women. According to the results, till November 30, police had registered 47 cases of rape (under Section 376 of the Indian Penal Code), 145 cases of molestation (Section 354) and 66 cases of eve teasing or street sexual violence (Section 509) in the western region – which tops the list.
The city is divided into five regions — north, south, east, west and central – by the police. These five regions are further divided into 13 police zones.
The western region comprises 21 police stations, including Amboli, where two youngsters — Keenan Santos and Reuben Fernandes — were murdered when they objected to some men harassing their women friends.
The northern region, which includes Goregaon, Malad Kandivli, Borivli, Dahisar and the other areas, had the second highest number of cases regarding crime against women. The 15 police stations in the region recorded 43 cases of rape, 114 of molestation and 33 of street sexual violence, till November 30.
In the same time period, the eastern region recorded a total 175 cases of crime against women while the figure in the central region stood at 149.
The south region, which includes Colaba, Cuffe Parade and Malabar Hill, emerged as the least unsafe, with 30 cases of rape, 45 cases of molestation, and 17 relating to street sexual violence being registered.
Since 2010, there has been a 17.54% rise in the number of rape cases, 10% rise in molestation cases and 12% rise in eve teasing cases registered across the city.
Compared to 2010,the sharpest rise in rape cases, was recorded in the eastern region (37.83%). The northern region recorded the highest rise (83%) in the number of molestation cases along with a maximum rise (60%) in eve teasing cases.
29.12.11
Hindustan Times
Molestation, harassment going North
September 19 is etched in Kirti Sharma’s (name changed) memory. The 23-year-old management graduate was trying to find an autorickshaw near her house in Bangur Nagar, to go to Malad railway station, when an unidentified man on a motorcycle attacked her. “I was walking towards the Link Road when suddenly, I felt a pat on my back. I turned around thinking it was a friend, but a biker went past me. Then, I felt a stinging sensation on my back. When I touched my back, I realised I was bleeding, he had slashed my back with a knife,” said Sharma.
Sharma had to get 17 stitches on her back. She went to the Bangur Nagar police station where police recorded her statement, but she hasn’t heard from them since then.
Bangur Nagar, a predominantly residential area, is a part of the city’s north region, which stretches from Goregaon to Dahisar. Bangur Nagar, with 10 cases of molestation of women registered this year, reflects the same trend that much of the north zone has seen – an exponential rise in crimes against women.
This year, the north region recorded the second highest number of crime against women (till December 25) in the city, with a total of 203 (including rape, eve teasing and molestation. The highest was the western region, with 258. The 15 police stations in the north zone registered 44 rape cases, 125 molestation cases, and 34 cases of eve teasing.
What sets this region apart, however, is that it also recorded the highest rise in the number of eve teasing cases (88%) in the city’s five regions as well as in the number of molestation cases, which have increased by 76% .
Local police attribute this to presence of a large number of slum areas in the region, which have recorded the highest number of crime cases. Areas such as Borivli, Kandivli, Samata Nagar, Dahisar, among other residential areas are considered safe. Slum-dominated parts such as Malwani, Charkop, Goregaon (West) and Dindoshi are deemed unsafe.
“In Malwani, which is populated with commercial sex workers and former bar dancers, women are vulnerable. Every month, we hear of cases of kidnapping and sexual violence against women. Daughters of sex workers and former bar dancers are also easy prey for men in this area,” said Prabha Desai, chairperson and director of Sanmitra Trust, a non-governmental organisation that works with former bargirls and sex workers.
However, residential areas such as Bangur Nagar and to a smaller extent, IC Colony, Borivli, have also recorded incidents of eve teasing and molestation. “Bangur Nagar has a very old layout with several lanes and by-lanes which are deserted. Many such lanes are unmonitored,” said Sameer Desai, a local corporator.
Similarly, IC Colony remains largely deserted in the afternoon, attracting anti-social elements. “We have heard of eve teasing incidents near a café in the area. I have also received complaints of girls being harassed near bus stops. These incidents usually happen in the afternoon, when there are not many people around,” said Yvonne D Souza, president, IC Women’s Welfare Association.
Police also said that the north region is densely populated, with a diverse population, making int difficult to maintain law and order. “This region is one of the fastest developing one in the city. There are construction sites, schools, colleges, malls, residential complexes, corporate offices, and slums,” said, Ramrao Pawar, additional commissioner of police, north region.
However, fast-paced development in recent times has increased the activity in the area, making it safer, say some residents. “When I shifted here seven years ago, it was a very quiet area with trees and with not too many people. Now the area has become a real estate hub. I feel its safer with shops and the crowd, even in the night,” said Manali Lele, resident of Borivli, who works as an assistant director in a televison production house.
For instance, Malad’s Mindspace Business Park, which is a hub for call centres, has transformed the area. “When I opened my hotel 1999 near Mindspace there was only a dumping ground. I feel that after Mindspace came up, the area around it has become very safe. Women who work there walk to my restaurant at 11 pm from Mindspace. I also see women standing outside the business park drinking chai from the small vendors or taking a smoke break in the wee hours of the morning,” said Neeraj Jain, a hotelier.
Hindustan Times
Western region least safe for women
The city’s western region is dotted with swanky and upscale areas such as Bandra, Khar, Santacruz and Oshiwara. So it comes as a shock that it is also the most unsafe region for women in the city, according to an analysis of figures released by the Mumbai police. On December 18,published a news report highlighting that crimes against women in the city had risen substantially in 2011, as compared to last year.
The report, based on statistics from the police, raised a question mark on Mumbai’s ‘safe city’ tag — a myth that was also busted by findings of the HT-Akshara survey, for which 4,225 women across the city were interviewed. The survey, conducted in November, revealed that 95 % women interviewed had been sexually harassed or assaulted. 99% considered sexual harassment to be the foremost personal safety risk in public spaces.
Going a step further, we analysed statistics provided by the police, to see which regions were the least safe for women. According to the results, till November 30, police had registered 47 cases of rape (under Section 376 of the Indian Penal Code), 145 cases of molestation (Section 354) and 66 cases of eve teasing or street sexual violence (Section 509) in the western region – which tops the list.
The city is divided into five regions — north, south, east, west and central – by the police. These five regions are further divided into 13 police zones.
The western region comprises 21 police stations, including Amboli, where two youngsters — Keenan Santos and Reuben Fernandes — were murdered when they objected to some men harassing their women friends.
The northern region, which includes Goregaon, Malad Kandivli, Borivli, Dahisar and the other areas, had the second highest number of cases regarding crime against women. The 15 police stations in the region recorded 43 cases of rape, 114 of molestation and 33 of street sexual violence, till November 30.
In the same time period, the eastern region recorded a total 175 cases of crime against women while the figure in the central region stood at 149.
The south region, which includes Colaba, Cuffe Parade and Malabar Hill, emerged as the least unsafe, with 30 cases of rape, 45 cases of molestation, and 17 relating to street sexual violence being registered.
Since 2010, there has been a 17.54% rise in the number of rape cases, 10% rise in molestation cases and 12% rise in eve teasing cases registered across the city.
Compared to 2010,the sharpest rise in rape cases, was recorded in the eastern region (37.83%). The northern region recorded the highest rise (83%) in the number of molestation cases along with a maximum rise (60%) in eve teasing cases.
29.12.11
Hindustan Times
Molestation, harassment going North
September 19 is etched in Kirti Sharma’s (name changed) memory. The 23-year-old management graduate was trying to find an autorickshaw near her house in Bangur Nagar, to go to Malad railway station, when an unidentified man on a motorcycle attacked her. “I was walking towards the Link Road when suddenly, I felt a pat on my back. I turned around thinking it was a friend, but a biker went past me. Then, I felt a stinging sensation on my back. When I touched my back, I realised I was bleeding, he had slashed my back with a knife,” said Sharma.
Sharma had to get 17 stitches on her back. She went to the Bangur Nagar police station where police recorded her statement, but she hasn’t heard from them since then.
Bangur Nagar, a predominantly residential area, is a part of the city’s north region, which stretches from Goregaon to Dahisar. Bangur Nagar, with 10 cases of molestation of women registered this year, reflects the same trend that much of the north zone has seen – an exponential rise in crimes against women.
This year, the north region recorded the second highest number of crime against women (till December 25) in the city, with a total of 203 (including rape, eve teasing and molestation. The highest was the western region, with 258. The 15 police stations in the north zone registered 44 rape cases, 125 molestation cases, and 34 cases of eve teasing.
What sets this region apart, however, is that it also recorded the highest rise in the number of eve teasing cases (88%) in the city’s five regions as well as in the number of molestation cases, which have increased by 76% .
Local police attribute this to presence of a large number of slum areas in the region, which have recorded the highest number of crime cases. Areas such as Borivli, Kandivli, Samata Nagar, Dahisar, among other residential areas are considered safe. Slum-dominated parts such as Malwani, Charkop, Goregaon (West) and Dindoshi are deemed unsafe.
“In Malwani, which is populated with commercial sex workers and former bar dancers, women are vulnerable. Every month, we hear of cases of kidnapping and sexual violence against women. Daughters of sex workers and former bar dancers are also easy prey for men in this area,” said Prabha Desai, chairperson and director of Sanmitra Trust, a non-governmental organisation that works with former bargirls and sex workers.
However, residential areas such as Bangur Nagar and to a smaller extent, IC Colony, Borivli, have also recorded incidents of eve teasing and molestation. “Bangur Nagar has a very old layout with several lanes and by-lanes which are deserted. Many such lanes are unmonitored,” said Sameer Desai, a local corporator.
Similarly, IC Colony remains largely deserted in the afternoon, attracting anti-social elements. “We have heard of eve teasing incidents near a café in the area. I have also received complaints of girls being harassed near bus stops. These incidents usually happen in the afternoon, when there are not many people around,” said Yvonne D Souza, president, IC Women’s Welfare Association.
Police also said that the north region is densely populated, with a diverse population, making int difficult to maintain law and order. “This region is one of the fastest developing one in the city. There are construction sites, schools, colleges, malls, residential complexes, corporate offices, and slums,” said, Ramrao Pawar, additional commissioner of police, north region.
However, fast-paced development in recent times has increased the activity in the area, making it safer, say some residents. “When I shifted here seven years ago, it was a very quiet area with trees and with not too many people. Now the area has become a real estate hub. I feel its safer with shops and the crowd, even in the night,” said Manali Lele, resident of Borivli, who works as an assistant director in a televison production house.
For instance, Malad’s Mindspace Business Park, which is a hub for call centres, has transformed the area. “When I opened my hotel 1999 near Mindspace there was only a dumping ground. I feel that after Mindspace came up, the area around it has become very safe. Women who work there walk to my restaurant at 11 pm from Mindspace. I also see women standing outside the business park drinking chai from the small vendors or taking a smoke break in the wee hours of the morning,” said Neeraj Jain, a hotelier.
December 22, 2011
22.12.11
Times of India
Even consensual sex with minors to be dubbed abuse?
Waive 16-18 Yr Leniency Norms: House Panel
New Delhi: A parliamentary panel has recommended waving off the provision of “age of consent’’ in cases of sexual assault, observing that any sexual act below the age of 18 years should be seen as child abuse. The recommendation is a sharp departure from government’s view that considering social realities, consensual acts by children aged 16-18 years should not be criminalized.
“The committee is of the view that since the age of child is specified as 18 years, the element of consent should be treated as irrelevant up to this age… in consonance with the country’s commitment towards UN convention on the rights of children and the Juvenile Justice Act,” the report by the parliamentary standing committee on HRD, examining the Protection of Children from Sexual Offences Bill 2011, said. It was tabled in Rajya Sabha on Wednesday.
The women and child development ministry and the National Commission for the Protection of Child Rights argued that there was no contradiction in the definition of child (below 18 years) and age of consent (16 years) as the age of consent was kept in consonance with IPC Sections 375 & 377.
The committee, headed by Congress MP Oscar Fernandes, said it is strongly felt that protection of children from sexual offences had to be seen from a wider perspective, and confining it to confirmation of a sexual offence by levying of punishment through special courts was “simply ignoring” the real welfare of the child.
The bill defines any person below the age of 18 years as ‘child’ and seeks to penalize any person who commits offences such as sexual harassment, sexual assault, penetrative sexual assault and aggravated penetrative sexual assault. It also recommended strong protective and preventive measures in the bill to the extent possible and if need arises, in the rules and guidelines to be made to prevent instances of sexual offences against children. “Specific provisions/ mechanism for sensitising children, parents, teachers, peers should be prescribed.”
The bill says a person commits sexual harassment if he uses words or shows body parts to achild with sexual intent, shows pornography to a child or threatens to depict a child involved in sexual act through the media. The penalty is imprisonment for up to three years and a fine. The report has recommended waiver of penalty for false complaints.
Times of India
Even consensual sex with minors to be dubbed abuse?
Waive 16-18 Yr Leniency Norms: House Panel
New Delhi: A parliamentary panel has recommended waving off the provision of “age of consent’’ in cases of sexual assault, observing that any sexual act below the age of 18 years should be seen as child abuse. The recommendation is a sharp departure from government’s view that considering social realities, consensual acts by children aged 16-18 years should not be criminalized.
“The committee is of the view that since the age of child is specified as 18 years, the element of consent should be treated as irrelevant up to this age… in consonance with the country’s commitment towards UN convention on the rights of children and the Juvenile Justice Act,” the report by the parliamentary standing committee on HRD, examining the Protection of Children from Sexual Offences Bill 2011, said. It was tabled in Rajya Sabha on Wednesday.
The women and child development ministry and the National Commission for the Protection of Child Rights argued that there was no contradiction in the definition of child (below 18 years) and age of consent (16 years) as the age of consent was kept in consonance with IPC Sections 375 & 377.
The committee, headed by Congress MP Oscar Fernandes, said it is strongly felt that protection of children from sexual offences had to be seen from a wider perspective, and confining it to confirmation of a sexual offence by levying of punishment through special courts was “simply ignoring” the real welfare of the child.
The bill defines any person below the age of 18 years as ‘child’ and seeks to penalize any person who commits offences such as sexual harassment, sexual assault, penetrative sexual assault and aggravated penetrative sexual assault. It also recommended strong protective and preventive measures in the bill to the extent possible and if need arises, in the rules and guidelines to be made to prevent instances of sexual offences against children. “Specific provisions/ mechanism for sensitising children, parents, teachers, peers should be prescribed.”
The bill says a person commits sexual harassment if he uses words or shows body parts to achild with sexual intent, shows pornography to a child or threatens to depict a child involved in sexual act through the media. The penalty is imprisonment for up to three years and a fine. The report has recommended waiver of penalty for false complaints.
December 15, 2011
15.12.11
Times of India
With 44 cases,Maha tops incest list
New Delhi: Nearly 290 cases of incest were registered across the country in 2010,with Maharashtra recording the highest of 44.MoS,home affairs,Jitendra Singh told the Rajya Sabha on Thursday that of a total of 288 cases,37 took place in Orissa,24 in Rajasthan and 21 each in Delhi,MP and Chhattisgarh.He added that 15 cases were registered in Haryana,14 in Kerala,13 in Assam,11 each in Jharkhand and Uttarakhand,eight in Meghalaya and four each in Gujarat and UP.No case of incest was registered in J&K,Andaman and Nicobar Islands,Chandigarh,Dadra and Nagar Haveli,Daman and Diu,Lakshadweep,Puducherry,AP,Arunachal Pradesh,Manipur,Tamil Nadu and Tripura.AGENCIES
Times of India
With 44 cases,Maha tops incest list
New Delhi: Nearly 290 cases of incest were registered across the country in 2010,with Maharashtra recording the highest of 44.MoS,home affairs,Jitendra Singh told the Rajya Sabha on Thursday that of a total of 288 cases,37 took place in Orissa,24 in Rajasthan and 21 each in Delhi,MP and Chhattisgarh.He added that 15 cases were registered in Haryana,14 in Kerala,13 in Assam,11 each in Jharkhand and Uttarakhand,eight in Meghalaya and four each in Gujarat and UP.No case of incest was registered in J&K,Andaman and Nicobar Islands,Chandigarh,Dadra and Nagar Haveli,Daman and Diu,Lakshadweep,Puducherry,AP,Arunachal Pradesh,Manipur,Tamil Nadu and Tripura.AGENCIES
14.12.11
Times of India
Most city rapes occur in SoBo
Mumbai: More rapes occur in south Mumbai than anywhere else in the city.
This has been revealed by data obtained by NGO Praja Foundation through RTI Act queries on crime statistics for the last three years.
South Mumbai recorded 40 of the overall 180 rape cases in 2010-11, the highest in the city. Also, the number of rape cases rose by 42%—28 in 2009-10 to 40 in 2010-11. There were 33 rapes in 2008-09. The region, though, had the second lowest number of molestation cases—12—among all zones in 2010-11, a sharp fall from 34 instances in 2009-10.
A total of 193 cases of rape were registered in 2008-09 across all regions of Mumbai. In 2009-10, the figure dropped to 171. However, it went up again to 180 in 2010-11. Over a three-year period, it indicated a 7% drop. On the other hand, molestation cases saw a 47% rise in this period. The number of molestation cases increased from 105 in 2008-09 to 198 in 2009-10, before falling marginally to 154 in 2010-11.
Not enough cops to ensure safety?
Crimes Against Women Increase, Staff Crunch Hits Control Rooms
Increasing incidents of crime against women in Mumbai has raised doubts over its ‘safe city’ tag. The situation is aggravated by the acute staff shortage in police control rooms, which delays reaction time to an incident .
Data obtained by NGO Praja Foundation through RTI queries shows that south Mumbai recorded the highest number of rape cases (40) in 2010-11, up from 28 cases in 2009-10.
The figures also indicated that north-west Mumbai, covering Jogeshwari, Dindoshi, Goregaon, Versova and Andheri, was one of the most unsafe areas. While rape cases declined across the city, north-west Mumbai was one of the only two regions that saw a sharp rise (30%) in cases registered over the past three years. In the same time period, molestation cases more than doubled from 31 in 2008-09 to 65 in 2010-11.
On the situation in south Mumbai, additional commissioner of police (south region) Naval Bajaj argues that the numbers don’t necessarily indicate that the area is more unsafe for women or that there is a breakdown of law and order. “I am confident that if you ask for a breakdown of this data, almost 70% of the cases will come from D B Marg or V P Road police stations. These two police stations regularly crack down on local prostitution rings and brothels and we book the pimps and brothel owners for rape. So, this is more of a technical definition and indicates vigilant policing,” he explains.
He adds that an increase in the number of registered cases may also indicate that women have greater faith in the policing system now and are more willing to come forward and lodge complaints.
The study also highlighted the acute shortage of staff in the police control rooms, with almost half of the 272 sanctioned posts, or around 49%, yet to be filled. As in the case of the Amboli murders, when the two victims’ friends were trying to get through to the police control room for 20 minutes before they could finally call for help, these vacancies may sometimes result in an overload on the current staff and ultimately lead to a decrease in safety on the streets.
Times of India
Most city rapes occur in SoBo
Mumbai: More rapes occur in south Mumbai than anywhere else in the city.
This has been revealed by data obtained by NGO Praja Foundation through RTI Act queries on crime statistics for the last three years.
South Mumbai recorded 40 of the overall 180 rape cases in 2010-11, the highest in the city. Also, the number of rape cases rose by 42%—28 in 2009-10 to 40 in 2010-11. There were 33 rapes in 2008-09. The region, though, had the second lowest number of molestation cases—12—among all zones in 2010-11, a sharp fall from 34 instances in 2009-10.
A total of 193 cases of rape were registered in 2008-09 across all regions of Mumbai. In 2009-10, the figure dropped to 171. However, it went up again to 180 in 2010-11. Over a three-year period, it indicated a 7% drop. On the other hand, molestation cases saw a 47% rise in this period. The number of molestation cases increased from 105 in 2008-09 to 198 in 2009-10, before falling marginally to 154 in 2010-11.
Not enough cops to ensure safety?
Crimes Against Women Increase, Staff Crunch Hits Control Rooms
Increasing incidents of crime against women in Mumbai has raised doubts over its ‘safe city’ tag. The situation is aggravated by the acute staff shortage in police control rooms, which delays reaction time to an incident .
Data obtained by NGO Praja Foundation through RTI queries shows that south Mumbai recorded the highest number of rape cases (40) in 2010-11, up from 28 cases in 2009-10.
The figures also indicated that north-west Mumbai, covering Jogeshwari, Dindoshi, Goregaon, Versova and Andheri, was one of the most unsafe areas. While rape cases declined across the city, north-west Mumbai was one of the only two regions that saw a sharp rise (30%) in cases registered over the past three years. In the same time period, molestation cases more than doubled from 31 in 2008-09 to 65 in 2010-11.
On the situation in south Mumbai, additional commissioner of police (south region) Naval Bajaj argues that the numbers don’t necessarily indicate that the area is more unsafe for women or that there is a breakdown of law and order. “I am confident that if you ask for a breakdown of this data, almost 70% of the cases will come from D B Marg or V P Road police stations. These two police stations regularly crack down on local prostitution rings and brothels and we book the pimps and brothel owners for rape. So, this is more of a technical definition and indicates vigilant policing,” he explains.
He adds that an increase in the number of registered cases may also indicate that women have greater faith in the policing system now and are more willing to come forward and lodge complaints.
The study also highlighted the acute shortage of staff in the police control rooms, with almost half of the 272 sanctioned posts, or around 49%, yet to be filled. As in the case of the Amboli murders, when the two victims’ friends were trying to get through to the police control room for 20 minutes before they could finally call for help, these vacancies may sometimes result in an overload on the current staff and ultimately lead to a decrease in safety on the streets.
November 18, 2011
13.11.11
Times of India
The unsafe sex
A shocking bit of statistic hit us last week. There has been an 800% increase in rape cases in the last 40 years. Each passing decade should have been safer for women in a country that aspires to be a world leader. But India is today a more dangerous place for the fairer sex than it was ever before.
For Kiran (not her real name), it was almost a daily habit to stroll outside her home in south Delhi and chat with friends on her cellphone. She probably thought she had nothing to fear though the area where she lived had many single men, mostly students like her. Late last year, the girl from the northeast was raped and killed when she refused a neighbour's advances.
The accused later reportedly told a psychiatrist , "She used to talk on her phone about private matters in front of me. I felt if she's doing that, then she's become mine (Woh meri apni ho gayi)."
His response reflects one truth about modern India - the more it tries to change, the more it remains the same for its women. That seems to be the dark message from statistics released recently by the National Crime Records Bureau, which show that rape is India's fastest growing misdemeanour and has increased by 792% since 1971.
There are no class barriers here, though figures say rapes are more rampant in rural areas. The patriarchal mindset has always been the prime accused and nothing has changed in that respect, whether the criminals are well-shod , PhD students or poor rickshawallas. Today, though, "there are complex multiple forces at play which are causing increasing violence against women" , as Abha Bhaiya, founding member of Jagori, an NGO for women's empowerment in Delhi, says. "True, there's more awareness now and more reporting of sexual violence. More mothers are reporting about child abuse. But the fact is that the number of child rapes has increased. There are regressive forces at play. Women have become more assertive and men are not able to accept that and use heinous ways to punish them. Most of the rapes are done by people known to the victims , which says something about our society."
Activists say the laws have made little difference. "The generation of my parents said women have to suffer in silence. Today women feel they cannot take it anymore, but they are angry that the larger society does not take a stance," says Bhaiya.
With more women entering the workforce, emerging as professional competitors and exhibiting financial and emotional independence, the ill-feeling towards them has increased, say experts . "Modernity is impinging on closed systems ," says Dr Rajat Mitra, director of Swanchetan , an NGO that provides emotional support to survivors of violence and abuse. He feels the growing migrant workforce in the country is part of the problem. "These people carry forward their values and mindset, leading to a clash of cultures. Besides,women from small towns don't take the necessary precautions in big cities, adding to their vulnerability. Men have increased access to porn and other forms of stimulation, and have the feeling that they can get away with it, given the image the police have as those who can be paid off."
Mitra believes that lax law enforcement - and the low importance given to both rape as a crime and to counselling of victims - is contributing to the rise in sexual violence. "Counselling helps in reporting the case, pursuing it in court and getting the accused convicted." But, he says, there has been a decline in psychological services, which have been palmed off to local NGOs that don't have the expertise to deal with complex cases. The abysmal rate of rape convictions in India, about 27% in 2010, adds to the poor image of law enforcers and encourages those inclined towards sexual violence. A former member of the National Commission for Women recalls a case last year in which a rapist was allowed to go free on the basis of a compromise. "It reveals a lack of consistency in court judgments, subjectivity in the interpretation of the law and also adds to the pressure on the victim," she says. There have been shocking instances where victims have been asked to marry their violators. "If that's going to be the trend in courts, it's going to be bad," says the former NCW member. "Rape victims abroad never worry about who would marry them. But here, for victims from semi-urban families, the worry is 'Who will marry me' , and that her family would be ostracized," says Mitra.
The rape laws
In India, rape is defined as intentional, unlawful sexual intercourse with a woman, without her permission. In Brazil, it’s unconsensual vaginal sex and in China, it’s forcible coitus with women or by other means against their will. But in Sweden, where Julian Assange is facing trial for rape, it even applies to situations when someone wouldn’t be capable of saying “no”. The definition was broadened in 2005 to include having sex with someone who is asleep, or someone who could be considered to be in a “helpless state”
Some lessons from Rwanda
Would you rather be born a woman in India or in Pakistan ?
The answer may not behalf as obvious as you would imagine. While countries like Pakistan and Bangladesh, as well as African nations such as Rwanda and Zimbabwe have never been role models for India, they fare better than us on the latest Gender Inequality Index released by the United Nations Development Programme. This, despite the fact that all four countries fare worse than India on the Human Development Index.
So does India's development elude its women? And how come parts of Africa, which conjure images of starvation and voodoo among the Indian middle class, look after their women better?
Experts in the field of women's studies point to the structured inequality in Indian society. "Many poorer nations are not as unequal as we are,'' says Vibhuti Patel, professor at Mumbai's SNDT Women's University and a prominent women's activist. Many countries, which may be economically more depressed than India, may also be less aggressive towards their women. Within India itself, more developed regions such as Punjab are also more violent towards women. Activists believe practices such as child marriage and female foeticide that greatly reduce a woman's decision-making powers are far more prevalent in India than much of Africa. Data on women and girls, released by the Washington-based Population Reference Bureau earlier this year, shows that 47% of Indian women between the ages of 20 and 24 were married by the time they reached 18, a figure far higher than the average for sub-Saharan Africa. Patel says that women enjoy a better status in several African countries than they do in India as they have more control over the family income. "In Africa, starvation levels are the same for men and women, while in India there tends to be a hierarchy of food distribution within families, with men and boys being fed more nutritious food, and women being fed both last and the least.''
When it comes to literacy rates, India fares worse than countries such as Iran and Libya. "When poor families face a crunch in their household income, it's usually the girls that get pulled out of school,'' says Prof Malashri Lal, former director of the Women Studies and Development Centre at Delhi University. This is in sync with the latest Annual Status of Education Report by NGO Pratham, which shows that more girls are enrolled in India's government schools than boys even as there are more boys in private schools.
If there's one area where the Indian woman is becoming more visible, it's in the workforce. But these numbers have a flip side too. Prof Shyam Menon, vice-chancellor of Ambedkar University, points out that middle-class women's participation in labour outside the house is now possible because poorer women do the housework for them. "Can we actually call this women's empowerment, or is it a case of one class of women replacing the other when it comes to domestic labour?'' he asks.
Menon feels that many women take up professions such as teaching , nursing and hospitality as it gives them time to carry out their domestic chores as well. "Domestic work is seen as their primary responsibility. This is a double-edged sword as it undermines both women as well as professions such as teaching,'' he adds.
Sonya Gill of the All India Democratic Women's Association blames the current growth model for gender inequality. "The government is cutting down on public funding of welfare measures in fields such as health, education and food distribution. This particularly affects marginalized sections such as women.'' She also points to the government's refusal to implement affirmative action policies such as the reservation bill for women in Parliament. Women's representation in Parliament is lower in India than it is in Pakistan , Afghanistan and Bangladesh.
But, N Hamsa, executive director of Woman Power Connect , says India does not lack in policy or legislation for women, but in implementation. For instance, despite having an inheritance law, women are influenced not to exert their rights. "It is like having a policy of free education in the absence of schools," she says. Or take the "strict" laws against domestic violence. At the ground, little seems to have changed. In a startling revelation, the National Family Health Survey III found that over 40% of the 1.25 lakh women surveyed in 28 states and the capital said they had experienced domestic violence. More shockingly, 54% of women - and 51% of men - felt it was justified. Increasing modernity in India's metros may seem at odds with the low status of women in society. But Nandita Shah, codirector of Akshara, an organization working for the uplift of women, feels that modernity reinforces traditional beliefs. "Modernity exists in terms of fashion, clothes and brands, but not in our worldview, or the way we see relationships.'' And here India could learn a thing or two from poorer nations.
I don’t think I will get justice…’
Simi, 17, and Reena, 24 (names changed), are victims of rape. Both live in Delhi and are going through counselling. Sunday Times spoke to them and found that they have little faith in the system
Who supported you when you needed it? Your family?
Simi: No. They blame me for bringing dishonour to them.
Reena: I did not want to tell my family but they got to know and it was terrible. They became anxious and agitated. They also blamed me for it, saying I was too liberated. I got support from the counsellor and a close friend.
Do you think you will get justice?
Simi: I don't think so. He (the accused) is powerful and the system is corrupt.
Reena: Have I got justice? No. I do not have faith in the system.
How did the police treat you?
Simi: They were suspicious and insensitive. My story leaked out because of them.
Reena: They were insensitive. They didn't know how to ask me questions, nor did the doctors doing the MLC report. People stared at me. Everyone knew I had been raped; it was horrible.
What do you look forward to in life?
Simi: I don't know what I want in life right now.
Reena: I live one day at a time; I have no future. At times, I feel suicidal and call up my counsellor or a helpline.
What do you think of men who don't respect women?
Simi: It's disgusting the way they treat women.They only see us as a body, not as someone with feelings.
Reena: I do not have any feelings for men. Earlier, I felt attracted (towards them), now I don't .
Do you think you are stronger as a person now?
Simi: I feel more vulnerable now.
Reena: I don't feel strong inside. I feel hollow.
When the crime is rape, all the men gang up
Whichever way you look at it, the news is not good. A 792% increase in reported cases of rape in 40 years. Add to this the thousands of cases that don't get reported, and the numbers will be staggering . If nothing else, this should make Indians, all of us, right from the President to the person at the bottom of the social ladder, hang our heads in shame.
One might argue that there's always another side to statistical data - and if you wanted to put a positive spin on this (hard to do but nevertheless), you might say that at least women are coming out to report, that they feel empowered to talk about a crime that has so far remained hidden.
But the holes in such an argument are immediately apparent. For one thing, if this is what women are talking about, the real scale of the problem must be much, much bigger. And then, even if they are coming out to talk, you only need to look at other statistics - conviction rates have dropped by nearly a third (from 41% to 27%in the same period) as have what the police euphemistically call 'disposal' rates. And none of this takes account of those unnamable things - social stigma, mental trauma, deep insecurities, to name only a few.
It's nearly four decades now that the women's movement in India began to focus on the issue of rape. The Mathura, Rameeza Bee, and Maya Tyagi rape cases (even though the use of names is now banned, this is how these landmark cases came to be known) and the gangrape of women in Santhal Parganas - these were some of the catalysts for the activism of the late seventies and early eighties.
Led by four eminent lawyers we - for I was among those who were part of this nationwide campaign - fought against the acquittal of two policemen who had raped the minor girl, Mathura. We demanded changes in the rape law. We performed at street corners to create an awareness of women's rights.
And when, in 1983, the State finally changed the law on rape - after nearly a century-and-a-half - we thought we had 'succeeded' because, even if the new legislation did not have everything we wanted, it had some important changes.
Times of India
The unsafe sex
A shocking bit of statistic hit us last week. There has been an 800% increase in rape cases in the last 40 years. Each passing decade should have been safer for women in a country that aspires to be a world leader. But India is today a more dangerous place for the fairer sex than it was ever before.
For Kiran (not her real name), it was almost a daily habit to stroll outside her home in south Delhi and chat with friends on her cellphone. She probably thought she had nothing to fear though the area where she lived had many single men, mostly students like her. Late last year, the girl from the northeast was raped and killed when she refused a neighbour's advances.
The accused later reportedly told a psychiatrist , "She used to talk on her phone about private matters in front of me. I felt if she's doing that, then she's become mine (Woh meri apni ho gayi)."
His response reflects one truth about modern India - the more it tries to change, the more it remains the same for its women. That seems to be the dark message from statistics released recently by the National Crime Records Bureau, which show that rape is India's fastest growing misdemeanour and has increased by 792% since 1971.
There are no class barriers here, though figures say rapes are more rampant in rural areas. The patriarchal mindset has always been the prime accused and nothing has changed in that respect, whether the criminals are well-shod , PhD students or poor rickshawallas. Today, though, "there are complex multiple forces at play which are causing increasing violence against women" , as Abha Bhaiya, founding member of Jagori, an NGO for women's empowerment in Delhi, says. "True, there's more awareness now and more reporting of sexual violence. More mothers are reporting about child abuse. But the fact is that the number of child rapes has increased. There are regressive forces at play. Women have become more assertive and men are not able to accept that and use heinous ways to punish them. Most of the rapes are done by people known to the victims , which says something about our society."
Activists say the laws have made little difference. "The generation of my parents said women have to suffer in silence. Today women feel they cannot take it anymore, but they are angry that the larger society does not take a stance," says Bhaiya.
With more women entering the workforce, emerging as professional competitors and exhibiting financial and emotional independence, the ill-feeling towards them has increased, say experts . "Modernity is impinging on closed systems ," says Dr Rajat Mitra, director of Swanchetan , an NGO that provides emotional support to survivors of violence and abuse. He feels the growing migrant workforce in the country is part of the problem. "These people carry forward their values and mindset, leading to a clash of cultures. Besides,women from small towns don't take the necessary precautions in big cities, adding to their vulnerability. Men have increased access to porn and other forms of stimulation, and have the feeling that they can get away with it, given the image the police have as those who can be paid off."
Mitra believes that lax law enforcement - and the low importance given to both rape as a crime and to counselling of victims - is contributing to the rise in sexual violence. "Counselling helps in reporting the case, pursuing it in court and getting the accused convicted." But, he says, there has been a decline in psychological services, which have been palmed off to local NGOs that don't have the expertise to deal with complex cases. The abysmal rate of rape convictions in India, about 27% in 2010, adds to the poor image of law enforcers and encourages those inclined towards sexual violence. A former member of the National Commission for Women recalls a case last year in which a rapist was allowed to go free on the basis of a compromise. "It reveals a lack of consistency in court judgments, subjectivity in the interpretation of the law and also adds to the pressure on the victim," she says. There have been shocking instances where victims have been asked to marry their violators. "If that's going to be the trend in courts, it's going to be bad," says the former NCW member. "Rape victims abroad never worry about who would marry them. But here, for victims from semi-urban families, the worry is 'Who will marry me' , and that her family would be ostracized," says Mitra.
The rape laws
In India, rape is defined as intentional, unlawful sexual intercourse with a woman, without her permission. In Brazil, it’s unconsensual vaginal sex and in China, it’s forcible coitus with women or by other means against their will. But in Sweden, where Julian Assange is facing trial for rape, it even applies to situations when someone wouldn’t be capable of saying “no”. The definition was broadened in 2005 to include having sex with someone who is asleep, or someone who could be considered to be in a “helpless state”
Some lessons from Rwanda
Would you rather be born a woman in India or in Pakistan ?
The answer may not behalf as obvious as you would imagine. While countries like Pakistan and Bangladesh, as well as African nations such as Rwanda and Zimbabwe have never been role models for India, they fare better than us on the latest Gender Inequality Index released by the United Nations Development Programme. This, despite the fact that all four countries fare worse than India on the Human Development Index.
So does India's development elude its women? And how come parts of Africa, which conjure images of starvation and voodoo among the Indian middle class, look after their women better?
Experts in the field of women's studies point to the structured inequality in Indian society. "Many poorer nations are not as unequal as we are,'' says Vibhuti Patel, professor at Mumbai's SNDT Women's University and a prominent women's activist. Many countries, which may be economically more depressed than India, may also be less aggressive towards their women. Within India itself, more developed regions such as Punjab are also more violent towards women. Activists believe practices such as child marriage and female foeticide that greatly reduce a woman's decision-making powers are far more prevalent in India than much of Africa. Data on women and girls, released by the Washington-based Population Reference Bureau earlier this year, shows that 47% of Indian women between the ages of 20 and 24 were married by the time they reached 18, a figure far higher than the average for sub-Saharan Africa. Patel says that women enjoy a better status in several African countries than they do in India as they have more control over the family income. "In Africa, starvation levels are the same for men and women, while in India there tends to be a hierarchy of food distribution within families, with men and boys being fed more nutritious food, and women being fed both last and the least.''
When it comes to literacy rates, India fares worse than countries such as Iran and Libya. "When poor families face a crunch in their household income, it's usually the girls that get pulled out of school,'' says Prof Malashri Lal, former director of the Women Studies and Development Centre at Delhi University. This is in sync with the latest Annual Status of Education Report by NGO Pratham, which shows that more girls are enrolled in India's government schools than boys even as there are more boys in private schools.
If there's one area where the Indian woman is becoming more visible, it's in the workforce. But these numbers have a flip side too. Prof Shyam Menon, vice-chancellor of Ambedkar University, points out that middle-class women's participation in labour outside the house is now possible because poorer women do the housework for them. "Can we actually call this women's empowerment, or is it a case of one class of women replacing the other when it comes to domestic labour?'' he asks.
Menon feels that many women take up professions such as teaching , nursing and hospitality as it gives them time to carry out their domestic chores as well. "Domestic work is seen as their primary responsibility. This is a double-edged sword as it undermines both women as well as professions such as teaching,'' he adds.
Sonya Gill of the All India Democratic Women's Association blames the current growth model for gender inequality. "The government is cutting down on public funding of welfare measures in fields such as health, education and food distribution. This particularly affects marginalized sections such as women.'' She also points to the government's refusal to implement affirmative action policies such as the reservation bill for women in Parliament. Women's representation in Parliament is lower in India than it is in Pakistan , Afghanistan and Bangladesh.
But, N Hamsa, executive director of Woman Power Connect , says India does not lack in policy or legislation for women, but in implementation. For instance, despite having an inheritance law, women are influenced not to exert their rights. "It is like having a policy of free education in the absence of schools," she says. Or take the "strict" laws against domestic violence. At the ground, little seems to have changed. In a startling revelation, the National Family Health Survey III found that over 40% of the 1.25 lakh women surveyed in 28 states and the capital said they had experienced domestic violence. More shockingly, 54% of women - and 51% of men - felt it was justified. Increasing modernity in India's metros may seem at odds with the low status of women in society. But Nandita Shah, codirector of Akshara, an organization working for the uplift of women, feels that modernity reinforces traditional beliefs. "Modernity exists in terms of fashion, clothes and brands, but not in our worldview, or the way we see relationships.'' And here India could learn a thing or two from poorer nations.
I don’t think I will get justice…’
Simi, 17, and Reena, 24 (names changed), are victims of rape. Both live in Delhi and are going through counselling. Sunday Times spoke to them and found that they have little faith in the system
Who supported you when you needed it? Your family?
Simi: No. They blame me for bringing dishonour to them.
Reena: I did not want to tell my family but they got to know and it was terrible. They became anxious and agitated. They also blamed me for it, saying I was too liberated. I got support from the counsellor and a close friend.
Do you think you will get justice?
Simi: I don't think so. He (the accused) is powerful and the system is corrupt.
Reena: Have I got justice? No. I do not have faith in the system.
How did the police treat you?
Simi: They were suspicious and insensitive. My story leaked out because of them.
Reena: They were insensitive. They didn't know how to ask me questions, nor did the doctors doing the MLC report. People stared at me. Everyone knew I had been raped; it was horrible.
What do you look forward to in life?
Simi: I don't know what I want in life right now.
Reena: I live one day at a time; I have no future. At times, I feel suicidal and call up my counsellor or a helpline.
What do you think of men who don't respect women?
Simi: It's disgusting the way they treat women.They only see us as a body, not as someone with feelings.
Reena: I do not have any feelings for men. Earlier, I felt attracted (towards them), now I don't .
Do you think you are stronger as a person now?
Simi: I feel more vulnerable now.
Reena: I don't feel strong inside. I feel hollow.
When the crime is rape, all the men gang up
Whichever way you look at it, the news is not good. A 792% increase in reported cases of rape in 40 years. Add to this the thousands of cases that don't get reported, and the numbers will be staggering . If nothing else, this should make Indians, all of us, right from the President to the person at the bottom of the social ladder, hang our heads in shame.
One might argue that there's always another side to statistical data - and if you wanted to put a positive spin on this (hard to do but nevertheless), you might say that at least women are coming out to report, that they feel empowered to talk about a crime that has so far remained hidden.
But the holes in such an argument are immediately apparent. For one thing, if this is what women are talking about, the real scale of the problem must be much, much bigger. And then, even if they are coming out to talk, you only need to look at other statistics - conviction rates have dropped by nearly a third (from 41% to 27%in the same period) as have what the police euphemistically call 'disposal' rates. And none of this takes account of those unnamable things - social stigma, mental trauma, deep insecurities, to name only a few.
It's nearly four decades now that the women's movement in India began to focus on the issue of rape. The Mathura, Rameeza Bee, and Maya Tyagi rape cases (even though the use of names is now banned, this is how these landmark cases came to be known) and the gangrape of women in Santhal Parganas - these were some of the catalysts for the activism of the late seventies and early eighties.
Led by four eminent lawyers we - for I was among those who were part of this nationwide campaign - fought against the acquittal of two policemen who had raped the minor girl, Mathura. We demanded changes in the rape law. We performed at street corners to create an awareness of women's rights.
And when, in 1983, the State finally changed the law on rape - after nearly a century-and-a-half - we thought we had 'succeeded' because, even if the new legislation did not have everything we wanted, it had some important changes.
November 9, 2011
6.11.11
Times of India
India's invisible children: Swallowed by the streets
The show begins at night. After the sun is swallowed by the smog and neon lights wash the city in yellow, Rahul and his gang emerge from under the flyover. They all look similar - grubby feet, frayed rags, scarred faces, red eyes and brassy hair. They are all under 11. Walking with the swagger of his favourite filmstar, the puny urchin produces a cigarette from his pocket, lights it and blows the smoke into the faces of six other kids who beg for a drag. But Rahul is high: one moment he is Dabangg; another, he is Romeo the kutta. Then he offers the fag to his buddies, but at a price. He punches one, yanks out Rs 5 from another's pocket, and then grabs Guddi, the only girl in the pack. She screams and giggles as he pulls her towards a dark corner. Then a boy shouts police' and the group vanishes into the dark garbage dump they call home.
These are India's invisible children who have fallen through the cracks. During the day, they sleep amid stinking waste and at night they collect plastic bottles, sell flowers, clean cars, beg or steal - all around a flyover in south Delhi. They all had a home once. They all have a story to tell, but they clamp up when asked about it. Rahul wants a dibba of "good boot polish" before talking. He eats it. "Otherwise, I can't sleep," says the 10-year-old who ran away from his home in Gwalior to escape an alcoholic father and a cruel stepmother. Others have similar tales: Guddi left home when her mother tried to push her into prostitution; Guddu's father beat him mercilessly; Raju was too scared of a teacher at school, and Pappu just got tired of hunger. They took a train to Delhi, got snuffed by gangs roaming the platforms and since then, it has been a story of rape, torture, drugs and starvation.
Last week, the National Crime Record Bureau (NCRB) came out with shocking figures of crimes against children: 5,484 children were raped and 1,408 others killed in India last year. In the Capital alone, 29 children were murdered and 304 raped in 2010. But these figures do not include even a fraction of crimes committed against street children. "Not even 10% cases of rape, sodomy or murder of street children are recorded. Who is going to file an FIR for these children who have been abandoned by society and trapped by gangs?" asks Prabhakar Goswami, director of i-India, a Jaipur-based NGO which runs a helpline for street children. "We go to the police when we come across such cases, but it's difficult to file an FIR as they don't take these cases seriously."
The NCRB figures are based on FIR and daily diary reports and, therefore, hide more than they reveal as the worst victims of child abuse are not counted at all. "Street children are abused - physically, mentally and sexually - on a daily basis. They get trapped in a cycle of abuse that leads to drugs and crimes, but no one is bothered," says Sanjay Gupta, director of Chetna, an NGO working for street children in Delhi. "In Delhi, there are at least five lakh street children, but in government records, less than 50,000 exist."
Numbers are the real problem. Though estimates range from one crore to four crore, nobody is sure how many children live on India's streets. "We demanded a count of these children during the current Census but the government refused. If their exact number is known, it's easier to protect them," says Gupta.
Another problem is the police. They are supposed to keep track of crimes against these kids, but end up always finding these children on the wrong side of law. The kids are routinely arrested, locked up and tortured. "The police are not sensitive enough to stop crimes against them. Though they may see a street kid being abused or forced to work, they do nothing to stop it," says Ramesh Kumar, a volunteer who has been working with street children in Mumbai. "For the cops, these kids do not exist."
The term "street child" did not figure in the official vocabulary of India until 1993, when under pressure from NGOs the government launched a Scheme for Assistance to Street Children" in six major cities. Now, it's been extended to all cities with more than one million, but it hasn't helped. "Making laws is not enough. T h e re i s a l aw against child labour but you see them everywhere. Under the Right to Education, every street child should be in school, but millions are getting wasted on footpaths. The only way to take them off streets is to put them in shelters and schools," says Goswami of i-India.
Considering their huge numbers, there are very few shelters for street children. Most are run by NGOs. The children have to fend for themselves and fight the demons surrounding them. Rahul has no desire to go to school; he just wants his daily dose of boot polish. Raju is happy sniffing glue. Pappu is learning the tricks of survival from Kalia the pocketmaar. Guddi hangs around with this bunch as they protect her from bigger pests. For all of them, the future just means the next meal.
The Most Vulnerable More than 40 million children in India are denied education and are vulnerable to abuse
CHILD LABOUR: They work in factories, workshops, mines and in the service sector. They are exploited financially and physically abused
STREET CHILDREN: Children living on and off the streets, such as shoeshine boys, ragpickers and beggars. They live on pavements, at bus stations and railway platforms. They are at the mercy of urban predators and the police
BONDED CHILDREN: They have to work in private houses or fields, either in exchange for a small salary or to repay family debts. Many are abused and tortured
SEX SLAVES: Thousands of young girls and boys serve the sexual appetites of men from various social and economic backgrounds. Factories, workshops, street corners, railway stations, bus stops and homes where children work are common places where this happens
Times of India
India's invisible children: Swallowed by the streets
The show begins at night. After the sun is swallowed by the smog and neon lights wash the city in yellow, Rahul and his gang emerge from under the flyover. They all look similar - grubby feet, frayed rags, scarred faces, red eyes and brassy hair. They are all under 11. Walking with the swagger of his favourite filmstar, the puny urchin produces a cigarette from his pocket, lights it and blows the smoke into the faces of six other kids who beg for a drag. But Rahul is high: one moment he is Dabangg; another, he is Romeo the kutta. Then he offers the fag to his buddies, but at a price. He punches one, yanks out Rs 5 from another's pocket, and then grabs Guddi, the only girl in the pack. She screams and giggles as he pulls her towards a dark corner. Then a boy shouts police' and the group vanishes into the dark garbage dump they call home.
These are India's invisible children who have fallen through the cracks. During the day, they sleep amid stinking waste and at night they collect plastic bottles, sell flowers, clean cars, beg or steal - all around a flyover in south Delhi. They all had a home once. They all have a story to tell, but they clamp up when asked about it. Rahul wants a dibba of "good boot polish" before talking. He eats it. "Otherwise, I can't sleep," says the 10-year-old who ran away from his home in Gwalior to escape an alcoholic father and a cruel stepmother. Others have similar tales: Guddi left home when her mother tried to push her into prostitution; Guddu's father beat him mercilessly; Raju was too scared of a teacher at school, and Pappu just got tired of hunger. They took a train to Delhi, got snuffed by gangs roaming the platforms and since then, it has been a story of rape, torture, drugs and starvation.
Last week, the National Crime Record Bureau (NCRB) came out with shocking figures of crimes against children: 5,484 children were raped and 1,408 others killed in India last year. In the Capital alone, 29 children were murdered and 304 raped in 2010. But these figures do not include even a fraction of crimes committed against street children. "Not even 10% cases of rape, sodomy or murder of street children are recorded. Who is going to file an FIR for these children who have been abandoned by society and trapped by gangs?" asks Prabhakar Goswami, director of i-India, a Jaipur-based NGO which runs a helpline for street children. "We go to the police when we come across such cases, but it's difficult to file an FIR as they don't take these cases seriously."
The NCRB figures are based on FIR and daily diary reports and, therefore, hide more than they reveal as the worst victims of child abuse are not counted at all. "Street children are abused - physically, mentally and sexually - on a daily basis. They get trapped in a cycle of abuse that leads to drugs and crimes, but no one is bothered," says Sanjay Gupta, director of Chetna, an NGO working for street children in Delhi. "In Delhi, there are at least five lakh street children, but in government records, less than 50,000 exist."
Numbers are the real problem. Though estimates range from one crore to four crore, nobody is sure how many children live on India's streets. "We demanded a count of these children during the current Census but the government refused. If their exact number is known, it's easier to protect them," says Gupta.
Another problem is the police. They are supposed to keep track of crimes against these kids, but end up always finding these children on the wrong side of law. The kids are routinely arrested, locked up and tortured. "The police are not sensitive enough to stop crimes against them. Though they may see a street kid being abused or forced to work, they do nothing to stop it," says Ramesh Kumar, a volunteer who has been working with street children in Mumbai. "For the cops, these kids do not exist."
The term "street child" did not figure in the official vocabulary of India until 1993, when under pressure from NGOs the government launched a Scheme for Assistance to Street Children" in six major cities. Now, it's been extended to all cities with more than one million, but it hasn't helped. "Making laws is not enough. T h e re i s a l aw against child labour but you see them everywhere. Under the Right to Education, every street child should be in school, but millions are getting wasted on footpaths. The only way to take them off streets is to put them in shelters and schools," says Goswami of i-India.
Considering their huge numbers, there are very few shelters for street children. Most are run by NGOs. The children have to fend for themselves and fight the demons surrounding them. Rahul has no desire to go to school; he just wants his daily dose of boot polish. Raju is happy sniffing glue. Pappu is learning the tricks of survival from Kalia the pocketmaar. Guddi hangs around with this bunch as they protect her from bigger pests. For all of them, the future just means the next meal.
The Most Vulnerable More than 40 million children in India are denied education and are vulnerable to abuse
CHILD LABOUR: They work in factories, workshops, mines and in the service sector. They are exploited financially and physically abused
STREET CHILDREN: Children living on and off the streets, such as shoeshine boys, ragpickers and beggars. They live on pavements, at bus stations and railway platforms. They are at the mercy of urban predators and the police
BONDED CHILDREN: They have to work in private houses or fields, either in exchange for a small salary or to repay family debts. Many are abused and tortured
SEX SLAVES: Thousands of young girls and boys serve the sexual appetites of men from various social and economic backgrounds. Factories, workshops, street corners, railway stations, bus stops and homes where children work are common places where this happens
3.11.11
Midday, Pune
13-year-old's rape at orphanage surfaces 5 months later
After rape by 13-year-old boy takes 5 months to comes to light, only 2 people suspended; no action taken yet against orphanage director
It seems young girls rejected by their families may not be safe even in orphanages, which are supposed to provide a secure and nurturing environment to such helpless children. Giving credence to this observation is the surfacing of the case of a rape of a 13-year-old girl by a boy of the same age at a high-profile orphanage in Kamshet.
The case went unnoticed by those who run Vidyavati Ashram, the orphanage where the rape occurred, and also by the Women and Child Development officers till the girl became five months pregnant. So far, the Women and Child Development (WCD) Depar-tment has suspended only the superintendent and a woman caretaker. No action has been taken against the orphanage director, a former businessman called Dr Rajendra Gupta. The DWCD Officer has instructed all 19 boys be transferred to other orphanages.
Also, in what looked like a deliberate attempt to protect the orphanage director, the WCD officers and the police initially tried to keep the matter under wraps by remaining tight-lipped about it. It was only when some sources talked about the rape case that the matter was revealed to MiD DAY. District Women and Child Development Officer Suvarna Pawar, who reportedly visited the orphanage twice, failed to notice the case.
Confronted with the facts of the case, Pawar was more interested in knowing who had provided the information on the case. Finally, Pawar said, "The matter came to light on October 22. We have suspended superintendent Basavraj S Chinnamwar and a lady caretaker. We have also issued orders to transfer the boys elsewhere, which are in process." On how this major case could have gone unnoticed, she said, "The children were at school when I visited the place." Reminded that visiting officers are expected to check a register of menstruation cycles and asked whether the register was not checked during her visits, she said, "Nothing abnormal was pointed out; the register was duly signed by superintendent and lady caretaker. We have taken action against them."
Women and Child Welfare Deputy Commissioner Ravi Patil said, "I was on leave, I joined only yesterday. I have to collect information before I can comment on this matter." Police Inspector Rajendra Patil of Wadgaon Maval also seemed reluctant to share any information on the matter, saying the police had been asked not to divulge information on it. Shankar Jadhav, DYSP of Lonavala region, said that the matter came to light on October 18 and the offence was registered against a 13-year-old boy under Section 376 of the Indian Penal Code on October 22.
Jadhav said, "I personally visited the place and conducted the inquiry and I suspect the matter went unnoticed as Superintendent Basavraj S Chinnamwar did not pay regular visits. We have also registered a case against the superintendent for negligence, considering that children were in his legal custody." Jadhav said the boy was produced before the CWC. "The boy was remanded to an observation home," Jadhav said. He said the offence was registered on the basis of a complaint filed by Child Welfare Committee member Amitkumar Banerjee. Child Welfare Committee member Anita Vipat said, "The medical test was performed on the boy on Wednesday. The course of the investigation will be decided once the sperm fertilisation report is available."
The other side
Repeated attempts to contact Vidyavati Ashram Director Dr Rajendra Gupta did not meet with success. He also did not respond to text messages sent on his cell phone.
Child rights experts speak
>> SURYAKANT Kulkarni, a member of the State Commission for Protection of Child Rights, said: "The matter was not brought before the commission earlier, but after knowing this we will definitely take cognisance of it as it is a serious case."
>> Anjali Pawar of Sakhee said: "On numerous occasions I have demanded stringent action against managing trustees of institutions that start these organisations claiming they are doing good for society, but every time they manage to escape from the ambit of the law. If one is running an institution, he or she cannot wash their hands of saying that they had delegated the responsibility to someone else."
>> Sangeeta Punekar, a child rights activist from Mumbai, said: "Children rejected by families are sent to orphanages but there too they are not safe. Consider this case, where the girl could not share this with anyone and it went unnoticed by people who were responsible to take care of these girls. There is no protocol set on who is considered to be liable for negligence and as a result people who are responsible manage to escape."
Can a 13-yr-old boy do it?
DR Yamini Adbe, a member of the International Health Task Force for South Asia, cautioned that it was unlikely that a 13-year-old boy was capable of impregnating a girl his age. "This needs thorough investigation as the girl may have been abused by an elder person along with the boy. A paternity or DNA test is necessary," Adbe said.
Midday, Pune
13-year-old's rape at orphanage surfaces 5 months later
After rape by 13-year-old boy takes 5 months to comes to light, only 2 people suspended; no action taken yet against orphanage director
It seems young girls rejected by their families may not be safe even in orphanages, which are supposed to provide a secure and nurturing environment to such helpless children. Giving credence to this observation is the surfacing of the case of a rape of a 13-year-old girl by a boy of the same age at a high-profile orphanage in Kamshet.
The case went unnoticed by those who run Vidyavati Ashram, the orphanage where the rape occurred, and also by the Women and Child Development officers till the girl became five months pregnant. So far, the Women and Child Development (WCD) Depar-tment has suspended only the superintendent and a woman caretaker. No action has been taken against the orphanage director, a former businessman called Dr Rajendra Gupta. The DWCD Officer has instructed all 19 boys be transferred to other orphanages.
Also, in what looked like a deliberate attempt to protect the orphanage director, the WCD officers and the police initially tried to keep the matter under wraps by remaining tight-lipped about it. It was only when some sources talked about the rape case that the matter was revealed to MiD DAY. District Women and Child Development Officer Suvarna Pawar, who reportedly visited the orphanage twice, failed to notice the case.
Confronted with the facts of the case, Pawar was more interested in knowing who had provided the information on the case. Finally, Pawar said, "The matter came to light on October 22. We have suspended superintendent Basavraj S Chinnamwar and a lady caretaker. We have also issued orders to transfer the boys elsewhere, which are in process." On how this major case could have gone unnoticed, she said, "The children were at school when I visited the place." Reminded that visiting officers are expected to check a register of menstruation cycles and asked whether the register was not checked during her visits, she said, "Nothing abnormal was pointed out; the register was duly signed by superintendent and lady caretaker. We have taken action against them."
Women and Child Welfare Deputy Commissioner Ravi Patil said, "I was on leave, I joined only yesterday. I have to collect information before I can comment on this matter." Police Inspector Rajendra Patil of Wadgaon Maval also seemed reluctant to share any information on the matter, saying the police had been asked not to divulge information on it. Shankar Jadhav, DYSP of Lonavala region, said that the matter came to light on October 18 and the offence was registered against a 13-year-old boy under Section 376 of the Indian Penal Code on October 22.
Jadhav said, "I personally visited the place and conducted the inquiry and I suspect the matter went unnoticed as Superintendent Basavraj S Chinnamwar did not pay regular visits. We have also registered a case against the superintendent for negligence, considering that children were in his legal custody." Jadhav said the boy was produced before the CWC. "The boy was remanded to an observation home," Jadhav said. He said the offence was registered on the basis of a complaint filed by Child Welfare Committee member Amitkumar Banerjee. Child Welfare Committee member Anita Vipat said, "The medical test was performed on the boy on Wednesday. The course of the investigation will be decided once the sperm fertilisation report is available."
The other side
Repeated attempts to contact Vidyavati Ashram Director Dr Rajendra Gupta did not meet with success. He also did not respond to text messages sent on his cell phone.
Child rights experts speak
>> SURYAKANT Kulkarni, a member of the State Commission for Protection of Child Rights, said: "The matter was not brought before the commission earlier, but after knowing this we will definitely take cognisance of it as it is a serious case."
>> Anjali Pawar of Sakhee said: "On numerous occasions I have demanded stringent action against managing trustees of institutions that start these organisations claiming they are doing good for society, but every time they manage to escape from the ambit of the law. If one is running an institution, he or she cannot wash their hands of saying that they had delegated the responsibility to someone else."
>> Sangeeta Punekar, a child rights activist from Mumbai, said: "Children rejected by families are sent to orphanages but there too they are not safe. Consider this case, where the girl could not share this with anyone and it went unnoticed by people who were responsible to take care of these girls. There is no protocol set on who is considered to be liable for negligence and as a result people who are responsible manage to escape."
Can a 13-yr-old boy do it?
DR Yamini Adbe, a member of the International Health Task Force for South Asia, cautioned that it was unlikely that a 13-year-old boy was capable of impregnating a girl his age. "This needs thorough investigation as the girl may have been abused by an elder person along with the boy. A paternity or DNA test is necessary," Adbe said.
October 31, 2011
31.10.11
Times of India
5K kids sexually abused in ’10
1,408 Children Killed In Country Last Yr: Govt Report
New Delhi: As many as 5,484 children were sexually assaulted and 1,408 others killed in different parts of the country last year, according to a government report.
Giving a gloomy picture of treatment of children in the country, the latest National Crime Records Bureau data also says that 10,670 children were kidnapped or abducted during the year in various states and Union Territories.
Uttar Pradesh topped the list of child murders with 315 cases. In Madhya Pradesh the highest number of children faced sexual assault with the number of cases standing at 1,182 for the same period.
Maharastra had 211 cases of child murders with another 200 such cases in Bihar and 124 victims in Madhya Pradesh, the NCRB data reveals. In the last year, Maharashtra had 747 cases of child sexual assault, Uttar Pradesh had 451 and Andhra Pradesh recorded 446 such cases. Similarly, Chattisgarh recorded 382 such cases with Rajasthan close at its heels with 369 such incidents reported.
In Delhi, 29 children were murdered and 304 others were raped in 2010.
The national capital has reported the highest number of kidnapping of children in the country— 2,982, followed by Bihar (1,359), Uttar Pradesh (1,225), Maharashtra (749), Rajasthan (706), Andhra Pradesh (581) and Gujarat (565). AGENCIES
Sexual exploitation of minor girls up by 186%
New Delhi: An increasing number of children, particularly minor girls, are being trafficked for sexual exploitation, according to the National Crime Records Bureau data.
Cases of sexual exploitation of minor girls jumped from 237 in 2009 to 679 in 2010, a 186.5% increase. West Bengal reported 200 cases, followed by Bihar (152).
While crime against children went up by 10%, the corresponding figure for women stood at 4.8%. A total of 26,694 cases of crime against kids were reported in 2010, up from 24,201 cases in 2009. While MP (4,912) accounted for 18.4% of the cases, Delhi recorded 3,630 incidents (13.6%). Only 100 cases of infanticide and 111 cases of foeticide were reported last year, indicating social suppression of the problem.
The NCRB data found that Delhi accounted for 16% of the crime reported against women, followed by Hyderabad among 35 cities with over 10 lakh population.
Of the 2.13 lakh crimes against women in 2010, Andhra topped with 27,244 cases, or 12.8%, while Tripura had the highest rate of crime against women at 46.5%. Women were troubled most by domestic violence: as many as 94,041 cases were reported, an increase of 5%.
DNA
5K kids faced sex assaults last year
The latest NCRB ( National Crimes Records Bureau) data about crimes committed against children paints a gloomy picture. As many as 5484 children were sexually assaulted, 1408 were killed in various parts of the country last year.
Sexual assaults OF CHILDREN
Maharashtra : 747
UP : 451
AP : 446
CHHATTISHGARH : 382
RAJASTHAN : 369
DELHI : 304 raped & 29 MURDERED
M.P : 1182 raped and 124 KILLED
Times of India
5K kids sexually abused in ’10
1,408 Children Killed In Country Last Yr: Govt Report
New Delhi: As many as 5,484 children were sexually assaulted and 1,408 others killed in different parts of the country last year, according to a government report.
Giving a gloomy picture of treatment of children in the country, the latest National Crime Records Bureau data also says that 10,670 children were kidnapped or abducted during the year in various states and Union Territories.
Uttar Pradesh topped the list of child murders with 315 cases. In Madhya Pradesh the highest number of children faced sexual assault with the number of cases standing at 1,182 for the same period.
Maharastra had 211 cases of child murders with another 200 such cases in Bihar and 124 victims in Madhya Pradesh, the NCRB data reveals. In the last year, Maharashtra had 747 cases of child sexual assault, Uttar Pradesh had 451 and Andhra Pradesh recorded 446 such cases. Similarly, Chattisgarh recorded 382 such cases with Rajasthan close at its heels with 369 such incidents reported.
In Delhi, 29 children were murdered and 304 others were raped in 2010.
The national capital has reported the highest number of kidnapping of children in the country— 2,982, followed by Bihar (1,359), Uttar Pradesh (1,225), Maharashtra (749), Rajasthan (706), Andhra Pradesh (581) and Gujarat (565). AGENCIES
Sexual exploitation of minor girls up by 186%
New Delhi: An increasing number of children, particularly minor girls, are being trafficked for sexual exploitation, according to the National Crime Records Bureau data.
Cases of sexual exploitation of minor girls jumped from 237 in 2009 to 679 in 2010, a 186.5% increase. West Bengal reported 200 cases, followed by Bihar (152).
While crime against children went up by 10%, the corresponding figure for women stood at 4.8%. A total of 26,694 cases of crime against kids were reported in 2010, up from 24,201 cases in 2009. While MP (4,912) accounted for 18.4% of the cases, Delhi recorded 3,630 incidents (13.6%). Only 100 cases of infanticide and 111 cases of foeticide were reported last year, indicating social suppression of the problem.
The NCRB data found that Delhi accounted for 16% of the crime reported against women, followed by Hyderabad among 35 cities with over 10 lakh population.
Of the 2.13 lakh crimes against women in 2010, Andhra topped with 27,244 cases, or 12.8%, while Tripura had the highest rate of crime against women at 46.5%. Women were troubled most by domestic violence: as many as 94,041 cases were reported, an increase of 5%.
DNA
5K kids faced sex assaults last year
The latest NCRB ( National Crimes Records Bureau) data about crimes committed against children paints a gloomy picture. As many as 5484 children were sexually assaulted, 1408 were killed in various parts of the country last year.
Sexual assaults OF CHILDREN
Maharashtra : 747
UP : 451
AP : 446
CHHATTISHGARH : 382
RAJASTHAN : 369
DELHI : 304 raped & 29 MURDERED
M.P : 1182 raped and 124 KILLED
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