24.3.10
Times of India
Abuse is rampant, but under wraps
MUMBAI: For a 13-year-old Saki Naka resident, it was nightmarish to return home from school when his mother would not be around. His uncle who had been staying as their guest would not let go of any opportunity to sexually abuse him during two years of his stay with the family.
In these two years, Ankit (name changed) was abused to the extent that he had started doubting his sexuality. He thought he was a woman and that was why his uncle was abusing him again and again, said a counsellor from acivic-run hospital. Unfortunately, counsellors feel there are many like Ankit in the city, but only a handful even reach a professional counsellor.
A child abuse study by the ministry of women and child development in 2007 revealed that as many as 53.22% of 12,447 children and 2,324 young adults surveyed had faced some or the other form of sexual abuse. It further stated that about 21.90% of child respondents reported facing severe sexual abuse while 50.76% other forms of sexual abuse. Worse, 50% of abusers were known to the child. Many feel this is where societal pressure seeps in and parents too become reluctant to pursue the matter. Parents are still in denial, and though a steady change in mindset is noticed, majority do not seek any legal action, said Pooja Taparia of Arpan, an NGO working against child abuse.
Child abuse is widespread, say experts. Social psychologist Chandni Parekh said, “This pervasive evil cuts across all socio-economic backgrounds,’’ adding that there is no specific profile for both victims as well as abusers. Speaking of its prevalence in communities, Parekh said in workshops held in schools, several students send across queries. For instance, a student had asked confidentially if it was normal for a teenaged girl to have physical relations with an aged man, she said. Parekh added that after such workshops many students have spoken out about abuse.
Harish Iyer, a survivor of childhood sexual abuse, felt that certain practices in society need to change. The most fundamental error is to give nicknames to private parts, he said adding that if a child is taught to call eye an eye, then why not teach them about private parts. Sex education can be a key to this problem because they will help children to differentiate between right and wrong touch and behaviour, he suggests. Moreover, he said the biggest myth was that only girls were abused.
Iyer, in the course of his interaction with victims of child sex abuse, said there may not be many survivors. But even if they kill themselves, the reason behind their death will stay under wraps, he said.
A bigger concern though lies in the neglect of the mental health of victims of child abuse. Parents themselves are reluctant to take them to counsellors or follow up with doctors, said Taparia.
27.3.10
Hindustan Times
State mulls protocol for rape victims at hospitals
Mar. 27--MUMBAI -- Major hospitals across the state, including Nagpada Police Hospital, which conducts medical tests in a majority of rape cases in the city, could soon have a uniform protocol on collecting evidence from sexual assault victims.
These hospitals would also need to provide medical treatment and psychological support for victims.
This protocol may include the use of a special kit -- the Sexual Assault Forensic Evidence (SAFE) collection kit -- developed by non-governmental organization Centre for Enquiry into Health and Allied Themes (CEHAT). It was successfully pilot-tested at the civic-run R N Cooper Hospital, Vile Parle, and Rajawadi Hospital, Ghatkopar, between March 2008 and April 2009.
CEHAT representatives met state officials 10 days ago with the results of pilot project.
Additional Chief Secretary (Home) Chandra Iyengar said the government is "taking it forward."
Senior surgeon Dr SM Patil, in charge at Nagpada Police Hospital, said they are preparing a proposal for the state government. "If it is approved, the kit and protocol will be uniformly introduced at all major hospitals," he said.
The SAFE kit, an adaptation of the Ontario Police kit used in Canada, contains cotton swabs, gloves, nail cutter and other paraphernalia required for collecting evidence from victims. The kit was tested on 20 victims, including eight minors, at Cooper and Rajawadi Hospital. CEHAT found the kit helps collect a higher quality of evidence.
Currently, there is no protocol for collection of evidence in hospitals. During the pilot test, researchers found that provision of care often takes a backseat as sexual assault is seen as a "medico-legal case" and that doctors don't bother to seek the victim's consent at every stage of the examination.
"We want the government to introduce a model in which victims are provided care, counseling and treatment for short-term and long-term heath consequences," said CEHAT's Padma Deosthali.
How was 12-year-old's med report leaked? Non-governmental organisation CEHAT has raised questions about the leak of the medical examination report of the 12-year-old Sakinaka gang rape victim from the Nagpada Police Hospital.
CEHAT representatives called the revelation "an absolute violation as the doctor works for the prosecution and does not have the authority to reveal any information to a third party without prior permission of the investigating officer or the court."
30.3.10
Hindustan Times
Rs 67 cr lying unused in child fund, adoption centre tells HC
A corpus of Rs 67 crore, which is to be used for the rehabilitation of rape victims or children in distress, is lying unutilised with the National Child Fund (NCF).
The Central Adoption Resource Centre, an auton-omous body under the Ministry of Women and Child Develop-ment responsible for keeping a check on international adoptions, brought this to the Bombay High Court's notice on Friday.
Justice D Y Chandrachud asked why was the money not being used to rehabilitate children.
The high court also directed the adoption resource centre to complete the final draft of the international adoption policy so that the court can finalise the guidelines.
Justice Chandrachud asked the adoption resource centre to file an affidavit within three weeks.
The HC had asked the adoption resource centre to include a corpus or fund for children who are repatriated and require rehabilitation and its proper disbursement.
The adoption resource centre had refused to set up another fund saying there's already the NCF.
However, the same cannot be used for the rehabilitation of repatriated children, as there is no such category in the National Child Fund.
Advocate Vishal Kanade, who is appearing for the federation of adoption agencies in Maharashtra, pointed out that the NCF had a category for children in distress.
"If not the corpus, then give some concrete safety net which can be used in cases where children are repatriated.
Someone has to take their responsibility," said Justice Chandrachud.
In a related development, 14-year-old Anita (name changed), who was repatriated in June 2008 after a failed adoption in the United States, is adjusting well at the shelter home in Gurgaon.
A Massachusetts-based couple had adopted Anita and her sister Sonia (8) in 2006.
However, the couple sent an application seeking revocation of their guardianship of Anita after she developed behavioural problems.
A report submitted by Nigama Mascarenhas, director of the Family Service Centre, said Anita she is eating and taking her medication on time.
"She also helps younger children with their studies," the report said.
28.3.10
Times of India
Can a woman rape a man?
The government recently decided to amend the Indian Penal Code (IPC) and replace the word “rape” with “sexual assault’’. The proposal would make the offence of rape gender-neutral. But can a government change the meaning of the word “rape”?
Can a man rape a man? Can a woman rape a woman? And finally, unimaginably, can a woman rape a man? Even dictionaries offer gender-specific meanings for rape.
So, does that make a nonsense of the amended IPC? Flavia Agnes, Mumbai-based lawyer and activist, says it is certainly far-fetched. “To presume that women can rape men is rather outrageous,” says Agnes. “While women can sexually harass men, they can’t sexually assault them. There have been no such cases anywhere.” In fact, rape is a “deeply gendered construction”, with several social implications for women such as stigma, she adds.
One rape case is registered every 54 minutes somewhere in India. Many more incidents go unreported. Take the case of 19-year-old Sulabha Rani* from Uttarakhand’s Chamoli village. In 2004, her uncle took her to Dehradun to work as a domestic help. He sold her to two men who raped her in a moving car. The next morning, she found herself lying half-naked and bruised on a sidewalk. Back with her parents now, and with her uncle absconding, Sulabha reportedly hasn’t been able to leave her bed or utter a word since that day.
Then there is Radha, an Agra college student, who tried to take on a bunch of rowdy goons making lewd remarks about passing girls. One evening, as she returned from college, Radha was raped by the goons, who said they were punishing her for her ‘bravery’.
So, can a woman ever do the same to a man? Agnes says rape is not just a physical assault, but an expression of power and control by men over women. “As we do not live in a gender-neutral society, having a gender-neutral rape law will only make the situation worse for women, as many may get accused of rape,” she says.
Legal experts are apprehensive the IPC amendment will open the floodgates for other gender-neutral laws, such as those governing domestic violence, dowry death, cruelty to wives or even maintenance to women after a divorce.
But some aspects of the proposed amendment are being welcomed. Sexual assault is to cover crimes such as sodomy, insertion of a foreign object and other offences that are not currently covered by the legal definition of rape. The rape law was amended in 1983 and ever since, women’s groups have campaigned for a law on sexual assault, which would cover issues of incest and non-penetrative child sexual abuse.
Author-activist Pinki Virani, who filed a plea for the mercy killing of Aruna Shanbaug, a paralysed and brain-dead Mumbai nurse who was attacked and raped in 1973, says, “The amendment may not help women too much but it will help minor victims. I’m glad boys will be included in the category of victims who can be sexually preyed upon by older men without sodomy being the only criteria of boy-rape.”
The provisions can also help in cases such as that of Ruchika Girhotra, who was sexually molested by Haryana DIG, SPS Rathore as a teenager, 19 years ago. Aradhna Gupta, who fought for justice for her dead friend, says this is a commendable move. Speaking to STOI from Sydney, Gupta says: “Now, more culprits can be booked for committing heinous sexual crimes. Had it happened two decades back, Ruchika would have been alive.”
Virani says the amendment raises questions about whether cases pertaining to children can be clubbed with adults. What about incest, arguably more traumatic than a single assault by a total stranger?
Agnes says the government must take these complexities into account before amending the law of the land governing rape.
*The names of victims have been changed
29.3.10
DNA
Government aims to stop courtroom torment of rape victims
New Delhi: Manufacturing doubts about the character of a rape victim on the basis of her past record — concocted or otherwise — in courtrooms has been an old trick with lawyers defending the culprit in such cases. The mental harassment inflicted on the victim through the legal process aiming to cast aspersions on her character is often more damaging than the original crime against her.
The Centre wants to correct this. It is seeking to amend section 146 of the Indian Evidence Act, 1872. The proposed changes, sources said, will bar lawyers to adduce evidence or put questions during the cross examination of a victim that talk about her general immoral character, her previous sexual experience with any person proving her consent or the quality of consent during trial for rape or sexual assault.
Besides, a new section, 53A, would be added in the act to ensure that the moral character of the victim and her previous sexual experience are not relevant to the issue of her consenting for sex with the accused during the trial. These proposed amendments are being examined by a committee headed by home secretary GK Pillai.
The law commission had recommended such amendments in 1983. The Supreme Court, too, had felt the need for corrective action while holding that a victim of rape can’t be treated as an accomplice in the crime.
Changes are also planned in the Code of Criminal Procedure (CrPC) to specify that in cases of rape, sexual assault and molestation, the statement of a victim would only be recorded by a woman police officer or a woman government official, in the absence of whom it would be recorded by a recognised female social worker. The trial would also be conducted before a woman judge, as far as possible.
“We find that the victim is so disturbed that she shies away from talking in detail about the incident. There are questions put to her that make her relive those moments again and again. It would be fair to bring these amendments and allow fast-track trials by women judges,” said justice Geeta Mittal of the Delhi high court.
March 30, 2010
March 20, 2010
20.3.2010
Times of India
Pending rape cases to be fast-tracked
Mumbai: The Democratic Front government spoke in two voices in the legislative assembly here on Friday. While home minister R R Patil of the NCP insisted that the number of cases of rape, molestation and child abuse were on the decline, chief minister Ashok Chavan (Congress) disagreed with him.
While replying to queries raised by the Opposition during the question hour, Patil claimed that the number of these offences were reducing, but did not reveal the statistics. The Opposition was not in no mood to swallow this claim. Intervening in the debate, Chavan said the issue (of increasing rapes) raised by the Opposition was a matter of “deep concern.’’ He said he would take up the issue with the Chief Justice of Bombay high court and urge expeditious disposal of these cases. Patil said all these cases which were pending for over one year, would be moved to fast-track courts.
Times of India
Pending rape cases to be fast-tracked
Mumbai: The Democratic Front government spoke in two voices in the legislative assembly here on Friday. While home minister R R Patil of the NCP insisted that the number of cases of rape, molestation and child abuse were on the decline, chief minister Ashok Chavan (Congress) disagreed with him.
While replying to queries raised by the Opposition during the question hour, Patil claimed that the number of these offences were reducing, but did not reveal the statistics. The Opposition was not in no mood to swallow this claim. Intervening in the debate, Chavan said the issue (of increasing rapes) raised by the Opposition was a matter of “deep concern.’’ He said he would take up the issue with the Chief Justice of Bombay high court and urge expeditious disposal of these cases. Patil said all these cases which were pending for over one year, would be moved to fast-track courts.
20.3.10
HT
Cell for sex crimes against children
The Maharashtra government has decided to set up a special cell to handle sex crimes against children.
It has also decided to move pending rape cases to a fast track court.
These decisions were announced in the legislature after the Opposition criticised the Home department for the growing incidence of sex crimes against children and an increase in rape cases. Minister of State for Home, Ramesh Bagwe, told the Legislative Council that the special cell will ensure that the culprits are punished quickly.
Home Minister R. R. Patil, told the Assembly that the state will request the high court to set up fast track courts for rape cases pending for more than a year. “The conviction rate in rape cases is poor,” said Patil. “The department will review cases pending for a year and forward them to the high court.’’
Patil also said that the state had already sent a proposal to the Centre to amend the law to make molestation a more serious crime. Patil added that the state has recommended to the Centre that the punishment for molestation be made more severe so that it acts as a deterrent. “We will take this up with the Centre on a priority basis,’’ Patil said.
The state, for example, has suggested that section 354 [assault to outrage the modesty of a woman] of the Indian Penal Code should attract three years of imprisonment instead of two and an offence under section 491 [breach of contract to supply wants of a helpless person] should warrant three years behind bars instead of three months.
There were three cases of molestation of minors in Mumbai in the last one month. The body of a seven-year-old girl was found in a police colony in Kurla recently. The girl was allegedly molested. Cases of abuse of minors were reported in tribal schools and private coaching classes in Lonavala, Shirdi and Malegaon in the past three months.
“Why can’t there be in camera statement of the victim? Her evidence should be believed and the police should arrest the person named instead of waiting to gather other circumstantial evidence,’’ said BJP legislator, Pankaja Munde.
CM Ashok Chavan said the police will ensure chargesheets in rape cases are filed quickly.
HT
Cell for sex crimes against children
The Maharashtra government has decided to set up a special cell to handle sex crimes against children.
It has also decided to move pending rape cases to a fast track court.
These decisions were announced in the legislature after the Opposition criticised the Home department for the growing incidence of sex crimes against children and an increase in rape cases. Minister of State for Home, Ramesh Bagwe, told the Legislative Council that the special cell will ensure that the culprits are punished quickly.
Home Minister R. R. Patil, told the Assembly that the state will request the high court to set up fast track courts for rape cases pending for more than a year. “The conviction rate in rape cases is poor,” said Patil. “The department will review cases pending for a year and forward them to the high court.’’
Patil also said that the state had already sent a proposal to the Centre to amend the law to make molestation a more serious crime. Patil added that the state has recommended to the Centre that the punishment for molestation be made more severe so that it acts as a deterrent. “We will take this up with the Centre on a priority basis,’’ Patil said.
The state, for example, has suggested that section 354 [assault to outrage the modesty of a woman] of the Indian Penal Code should attract three years of imprisonment instead of two and an offence under section 491 [breach of contract to supply wants of a helpless person] should warrant three years behind bars instead of three months.
There were three cases of molestation of minors in Mumbai in the last one month. The body of a seven-year-old girl was found in a police colony in Kurla recently. The girl was allegedly molested. Cases of abuse of minors were reported in tribal schools and private coaching classes in Lonavala, Shirdi and Malegaon in the past three months.
“Why can’t there be in camera statement of the victim? Her evidence should be believed and the police should arrest the person named instead of waiting to gather other circumstantial evidence,’’ said BJP legislator, Pankaja Munde.
CM Ashok Chavan said the police will ensure chargesheets in rape cases are filed quickly.
DNA
9.3.2010
Child abuse on the rise in schools
New Delhi: More and more children are being abused and harassed in schools across the country. According to the Centre, the number of such cases has tripled in 3 years
A total of 95 such cases were registered last year,” women and child development minister Krishna Tirath said.
“The National Commission for Protection of Child Rights said there has been an increase in the number of reports of excesses on children in schools. These complaints have been referred to thestate governments and union territory administrations concerned for appropriate action.”
The complaints included sexual abuse, harassment, humiliation, murder, corporal punishment and wrongful confinement.
“From 34 complaints in 2007-2008 and 68 in 2008-2009, the figure went up to 95 last year,” Tirath said.
Child rights activists feel this may not reflect the true picture as many cases go unreported. They, however, were satisfied that more children and their families are coming forward to report abuse.
Uttar Pradesh reported the most cases this year. Of the 27 cases in the state, 20were of corporal punishment and one of murder. Tamil Nadu reported 12 cases, Delhi, Madhya Pradesh and Orissa nine each and Andhra, Rajasthan, Bihar, Haryana and Punjab four each.
DNA
13.3.2010
Rape worse crime than murder: Bombay high court
Mumbai: Rape is a more heinous crime than murder, observed a two-judge bench of the Bombay high court on Friday. The observation came in the context of a petition challenging the rules under the Maharashtra Prisons Act, 1965, which compel murder undertrials to wear jail uniforms, but not rapists or bomb blast accused.
The petition was filed by a murder undertrial, Dhanesh Shivdasan.
“Rape is a worse crime than murder. A rape victim is made to suffer in society even after the accused faces punishment. There is a point to the petitioner’s argument: Why are only murder undertrials compelled to wear uniforms?” asked justices Ranjana Desai and Mridula Bhatkar.
The court observed that one is innocent until the crime is proved and he/she is convicted for the offence. “Then why such discrimination between a murder undertrial and a rape undertrial? We do not understand ?” the judges remarked. The court was more surprised when the petitioner’s legal aide, Indu Varma, said even undertrials in bomb blast cases were not compelled to wear uniforms.
Observing that crimes like bomb blasts and rape were more heinous, the high court directed the state government to file its reply in two weeks. Varma further told the court that rule 6 of the Maharashtra Prisons Act allowed undertrials in cases attracting rigorous imprisonment to wear civil clothes.
Under the same rule, convicted persons in cases involving simple imprisonment were allowed to wear private clothes. This was also discriminatory.
Additional public prosecutor Vitthal Konde-Deshmukh argued that the said rules were made in order to maintain discipline in jails.
“This (to make murder undertrials wear jail uniforms) helped in identifying the accused and also in maintaining jail discipline,” Konde-Deshmukh told the court.
The petition was filed by Shivdasan, an undertrial in a murder case, who has been lodged in Thane Central prison since March 1, 2006. Shivdasan had in January, 2009, sent a hand-written application through the jail authorities challenging rule 4 of the Maharashtra Prisons Act, 1965. In his application, he referred to an earlier order of the high court which ruled that undertrials need not wear jail uniforms.
“I had given an application to the jail superintendent, Thane, along with a copy of the high court order and requested him to exempt me from wearing jail uniform, but still I was not allowed to wear civil clothes,” said Shivdasan’s application. The high court had converted his application into a petition.
In February, 2009, a division bench of justice Bilal Nazki (who retired in November, 2009) and justice AR Joshi had ruled that undertrials should not be compelled to wear jail uniforms. Citing the said order, Shivdasan had approached the high court for relief
“The said rule is prima facie discriminatory. We feel that a balance needs to be struck between undertrials in murder and other crimes. A balance needs to be maintained between prisoners’ rights,” observed the court.
18.3.2010
Hindustan Times
A legal shield for him & her
Justice maybe a long time coming, but the heartening thing is that the law in India is constantly evolving to plug loopholes and correct imbalances. The latest is a draft bill that the home ministry is working on to broaden the terms of sexual crimes and make its provisions gender-neutral. The word rape is sought to be replaced with the term sexual assault in order that different forms of sexual abuse come under its umbrella.
This is important in two specific contexts. One, the courts have decriminalised homosexuality, which while being a positive step also brings rape among same sex partners under the purview of the law. The other is that there will be redressal for the boy child in cases of molestation.
A study by the ministry of women and child development shows that more boys suffer sexual abuse than girls and that one out of two children have suffered some form of molestation usually between the ages of 9 to 12. In the case of boys, only proven sodomy is an offence so far and does not take into account other forms of sexual offences or harassment. Already, the law has evolved mechanisms to lessen the trauma of child victims, providing them the means to have hearings at home. The same goes for women victims of sexual crimes.
So far, the definition of sexual crimes, particularly rape, has been in the context of women and the girl child. This seems to have led to a quantum increase in crimes against the boy child. In Delhi alone, a government study showed that far greater number of boys were abused than girls. This suggests that the boy child has little protection and that offenders have taken advantage of the gaps in the law. So far, the law has not taken other forms of sexual abuse, including verbal, seriously enough. This has encouraged offenders to get away with all manners of abuse short of rape.
The next step is to sensitise the police, the first port of call for a victim, of the changes in the law and the need to treat all forms of sexual abuse seriously and in a gender-neutral manner.
The judicial system today is such that the victim is doubly traumatised, first by the perpetrator and then by the legal system. The earlier proposal to dispose of sexual crime trials in two to three months is yet to kick in. This could go a long way towards encouraging people to come forward and report such crimes. The legislation may take time to show results. But at least the government is taking proactive steps to draft a non-discriminatory framework on sexual assault.
9.3.2010
Child abuse on the rise in schools
New Delhi: More and more children are being abused and harassed in schools across the country. According to the Centre, the number of such cases has tripled in 3 years
A total of 95 such cases were registered last year,” women and child development minister Krishna Tirath said.
“The National Commission for Protection of Child Rights said there has been an increase in the number of reports of excesses on children in schools. These complaints have been referred to thestate governments and union territory administrations concerned for appropriate action.”
The complaints included sexual abuse, harassment, humiliation, murder, corporal punishment and wrongful confinement.
“From 34 complaints in 2007-2008 and 68 in 2008-2009, the figure went up to 95 last year,” Tirath said.
Child rights activists feel this may not reflect the true picture as many cases go unreported. They, however, were satisfied that more children and their families are coming forward to report abuse.
Uttar Pradesh reported the most cases this year. Of the 27 cases in the state, 20were of corporal punishment and one of murder. Tamil Nadu reported 12 cases, Delhi, Madhya Pradesh and Orissa nine each and Andhra, Rajasthan, Bihar, Haryana and Punjab four each.
DNA
13.3.2010
Rape worse crime than murder: Bombay high court
Mumbai: Rape is a more heinous crime than murder, observed a two-judge bench of the Bombay high court on Friday. The observation came in the context of a petition challenging the rules under the Maharashtra Prisons Act, 1965, which compel murder undertrials to wear jail uniforms, but not rapists or bomb blast accused.
The petition was filed by a murder undertrial, Dhanesh Shivdasan.
“Rape is a worse crime than murder. A rape victim is made to suffer in society even after the accused faces punishment. There is a point to the petitioner’s argument: Why are only murder undertrials compelled to wear uniforms?” asked justices Ranjana Desai and Mridula Bhatkar.
The court observed that one is innocent until the crime is proved and he/she is convicted for the offence. “Then why such discrimination between a murder undertrial and a rape undertrial? We do not understand ?” the judges remarked. The court was more surprised when the petitioner’s legal aide, Indu Varma, said even undertrials in bomb blast cases were not compelled to wear uniforms.
Observing that crimes like bomb blasts and rape were more heinous, the high court directed the state government to file its reply in two weeks. Varma further told the court that rule 6 of the Maharashtra Prisons Act allowed undertrials in cases attracting rigorous imprisonment to wear civil clothes.
Under the same rule, convicted persons in cases involving simple imprisonment were allowed to wear private clothes. This was also discriminatory.
Additional public prosecutor Vitthal Konde-Deshmukh argued that the said rules were made in order to maintain discipline in jails.
“This (to make murder undertrials wear jail uniforms) helped in identifying the accused and also in maintaining jail discipline,” Konde-Deshmukh told the court.
The petition was filed by Shivdasan, an undertrial in a murder case, who has been lodged in Thane Central prison since March 1, 2006. Shivdasan had in January, 2009, sent a hand-written application through the jail authorities challenging rule 4 of the Maharashtra Prisons Act, 1965. In his application, he referred to an earlier order of the high court which ruled that undertrials need not wear jail uniforms.
“I had given an application to the jail superintendent, Thane, along with a copy of the high court order and requested him to exempt me from wearing jail uniform, but still I was not allowed to wear civil clothes,” said Shivdasan’s application. The high court had converted his application into a petition.
In February, 2009, a division bench of justice Bilal Nazki (who retired in November, 2009) and justice AR Joshi had ruled that undertrials should not be compelled to wear jail uniforms. Citing the said order, Shivdasan had approached the high court for relief
“The said rule is prima facie discriminatory. We feel that a balance needs to be struck between undertrials in murder and other crimes. A balance needs to be maintained between prisoners’ rights,” observed the court.
18.3.2010
Hindustan Times
A legal shield for him & her
Justice maybe a long time coming, but the heartening thing is that the law in India is constantly evolving to plug loopholes and correct imbalances. The latest is a draft bill that the home ministry is working on to broaden the terms of sexual crimes and make its provisions gender-neutral. The word rape is sought to be replaced with the term sexual assault in order that different forms of sexual abuse come under its umbrella.
This is important in two specific contexts. One, the courts have decriminalised homosexuality, which while being a positive step also brings rape among same sex partners under the purview of the law. The other is that there will be redressal for the boy child in cases of molestation.
A study by the ministry of women and child development shows that more boys suffer sexual abuse than girls and that one out of two children have suffered some form of molestation usually between the ages of 9 to 12. In the case of boys, only proven sodomy is an offence so far and does not take into account other forms of sexual offences or harassment. Already, the law has evolved mechanisms to lessen the trauma of child victims, providing them the means to have hearings at home. The same goes for women victims of sexual crimes.
So far, the definition of sexual crimes, particularly rape, has been in the context of women and the girl child. This seems to have led to a quantum increase in crimes against the boy child. In Delhi alone, a government study showed that far greater number of boys were abused than girls. This suggests that the boy child has little protection and that offenders have taken advantage of the gaps in the law. So far, the law has not taken other forms of sexual abuse, including verbal, seriously enough. This has encouraged offenders to get away with all manners of abuse short of rape.
The next step is to sensitise the police, the first port of call for a victim, of the changes in the law and the need to treat all forms of sexual abuse seriously and in a gender-neutral manner.
The judicial system today is such that the victim is doubly traumatised, first by the perpetrator and then by the legal system. The earlier proposal to dispose of sexual crime trials in two to three months is yet to kick in. This could go a long way towards encouraging people to come forward and report such crimes. The legislation may take time to show results. But at least the government is taking proactive steps to draft a non-discriminatory framework on sexual assault.
March 9, 2010
Child rape: Maha 3rd with 690 cases
UP Tops With 900 Crimes in 2008
New Delhi: Uttar Pradesh tops the list of states and Union Territories with the highest number of 900 child rape cases in 2008 followed by Madhya Pradesh and Maharashtra.
Home ministry data for three years says child rape cases continue to rise.
A total of 4,721 cases were registered during 2006,5,045 in 2007 and 5,446 in 2008 across the country. The police arrested 5,489 people in 2006 for involvement in such crimes,5,756 in 2007 and 6,363 in 2008.MP registered 892 such cases, Maharashtra (690),Rajasthan (420) and Andhra Pradesh (412) in 2008,the data said.
A total of 411 such cases were registered in Chhattisgarh,301 in Delhi,215 in Kerala,187 in Tamil Nadu,129 in West Bengal,106 in Punjab and 104 in Tripura.Gujarat registered 99 cases, Karnataka 97,Bihar 91,Haryana 70,Himachal 68,Orissa 65 and Goa 18.Eleven cases came to light in Arunachal,12 in Sikkim,18 in Mizoram,22 in Manipur,27 in Assam and 34 in Meghalaya.
According to the Constitution, primary responsibility of prevention, detection, registration, investigation and prosecution of crimes, including crimes against children, lies with state or Union Territory administrations, a home official said.
DARK SHADOW
Child rape cases on the rise.4,721 cases reported in 2006,5,045 in 2007,5,446 in 2008
Condition in North-East better;0 child rape cases in Nagaland, Daman and Diu, and Lakshadweep
Life term only if rape is brutal: HC
New Delhi: The Delhi high court has said that the offence of rape should be accompanied with acts of brutality to merit maximum penalty of life imprisonment for the guilty.
Reducing the punishment awarded to a tutor from life imprisonment to 10 years, a bench said the act of rape should be brutal to attract maximum punishment. The accused had raped his minor student in August 2004.
According to the FIR that was lodged on the complaint of the victims mother, she was shocked to witness the crime on returning from market as her daughter took tuitions from the accused. Interestingly, with solid medical evidence and the testimony of the mother against him, the accused Arun Kumar sought leniency in his sentencing. Kumar pleaded for a lighter prison term saying life sentence was too harsh a verdict.
The HC noted that there were no aggravating circumstances in the case and reduced Kumars term. Counsel for the accused concedes that in view of the evidence, even excluding the DNA report, there is tell tale evidence of the appellant being the tormentor of the young girl, the court observed, pointing out that just because the victim was a minor, it doesnt mean the accused be given life term. Brutality at the time of rape has to be factored in. If the rape is accompanied by acts of brutality, higher sentence should be imposed, the HC said.
HC gets tough on child rape
MUMBAI: Taking a strict view on child rapists, the Bombay high court in an important order has ruled that persons who rape a young girl should be awarded a minimum of 10 years’ imprisonment as stipulated in the law.
In case the trial court decides on a lesser term, it should give special reasons, a division bench of Justice A P Lavande and Justice P D Kode said while setting aside a four year jail term awarded to a youth who was convicted of raping a 10-year-old girl. The judges upped the punishment and sentenced Bhandara resident Dashrath Gupta to 10 years’ rigorous imprisonment (RI).
“No evidence was brought on record to justify adequate and special reasons (for awarding a lesser prison term),’’ the judges said. The court came down heavily on the sessions court for handing out a meagre sentence of four years. “The impugned judgment and order discloses total non-application of mind on the part of the learned trial judge,’’ said the HC.
Section 376 of the Indian Penal Code has a special provision while dealing with cases where a girl of under 12 years has been raped (section 376 (2) (f)—the punishment prescribed is a minimum of 10 years rigorous imprisonment. The section further says that “adequate and special reasons’’ have to be given by the trial court if it imposes a jail term of less than 10 years).
Gupta was arrested for raping a Std V student on February 13, 2006. Eight witnesses deposed during the trial. The sessions court convicted Gupta under section 376 of the IPC, without mentioning if the accused was being held guilty under section 376 (2) (f).
Additional public prosecutor T A Mirza argued that as the trial court had come to the conclusion that the victim was a 10-year-old girl, it ought to have imposed a minimum sentence of 10 years. The HC agreed that no reason was mentioned in the judgment for taking a lenient view. The court also directed him to shell out a fine of Rs 1,000.
Religious hotspot Puri is new haunt of paedophiles
Puri: Dear tourist, welcome to the land of Lord Jagannath, enjoy the beach, the sun, the sand and the sea. But keep the beach free of paedophiles, reads a poster at a budget hotel in Puris Chakratirtha area. Such posters, seen at places frequented by tourists, are just an indicator of what’s going on under cover in this holy town.
Unlike other beach tourism hubs such as Goa, Puri till less than a decade ago was not, so to say, conversant with the concept of sex tourism; it retained its distinct identity of being a Hindu pilgrim centre. Child sex abuse was virtually unheard of.
The arrest of a British national at the turn of the millennium and subsequent charges against a couple of other foreigners did raise a few eyebrows. The death of a young girl,believed to have been caused by some sexually transmitted disease, a few years ago,followed by some more reported cases including the arrest of Australian national Paul Allen in November 2008,have only added to growing suspicion that there was more to foreigners increasing preference for Puri than just sun, sea and sand. Sex could very well be the stimulant driving them to come here repeatedly.
Paedophilia cases might not come to notice easily in Puri, but it certainly exists. One can see middle-aged and old men (usually foreigners ) suspiciously moving around or dining with children, local as well from neighbouring states such as West Bengal and Andhra Pradesh, a hotelier said. It is not yet a systematic,well-organised affair in Puri, but when lakhs of people visit a small town (over 25,000 people visit Puri daily) and there are so many children belonging to the vulnerable age-group moving on their own on the beach, such things are bound to take place, he said.
NGO activists acquainted with the issue of child sex abuse even go the extent of describing Puri as a corner of the Golden Triangle which has Goa and Mayapur (in West Bengal) completing the imaginary geometrical design, and not Bhubaneswar and Konark as advertised by Orissa tourism bosses. That paedophiles are visiting Puri is to a good extent being accepted by many. But how serious is the problem
Over 100 such cases have come to light in Puri since 2000, revealed Debashis Rath,member,child welfare committee,Puri. According to him,child sex abuse in and around Pentakota,a fishing hamlet,has been reported but it is difficult to establish the charges. Whatever is happening is obviously being done very secretly,especially in clandestine shelter homes that are functioning without any registration with the authorities. We have reasons to believe that such things are going on,but unless a victim speaks up it is impossible to pin down a paedophile, he pointed out.
According to social workers, poverty,lack of adequate education facility in Pentakota area (it has one school for a population of around 40,000) and no restriction on children spending hours on the beach have increased the vulnerability of kids belonging to the 0-13 age group to such kind of abuse.
UP Tops With 900 Crimes in 2008
New Delhi: Uttar Pradesh tops the list of states and Union Territories with the highest number of 900 child rape cases in 2008 followed by Madhya Pradesh and Maharashtra.
Home ministry data for three years says child rape cases continue to rise.
A total of 4,721 cases were registered during 2006,5,045 in 2007 and 5,446 in 2008 across the country. The police arrested 5,489 people in 2006 for involvement in such crimes,5,756 in 2007 and 6,363 in 2008.MP registered 892 such cases, Maharashtra (690),Rajasthan (420) and Andhra Pradesh (412) in 2008,the data said.
A total of 411 such cases were registered in Chhattisgarh,301 in Delhi,215 in Kerala,187 in Tamil Nadu,129 in West Bengal,106 in Punjab and 104 in Tripura.Gujarat registered 99 cases, Karnataka 97,Bihar 91,Haryana 70,Himachal 68,Orissa 65 and Goa 18.Eleven cases came to light in Arunachal,12 in Sikkim,18 in Mizoram,22 in Manipur,27 in Assam and 34 in Meghalaya.
According to the Constitution, primary responsibility of prevention, detection, registration, investigation and prosecution of crimes, including crimes against children, lies with state or Union Territory administrations, a home official said.
DARK SHADOW
Child rape cases on the rise.4,721 cases reported in 2006,5,045 in 2007,5,446 in 2008
Condition in North-East better;0 child rape cases in Nagaland, Daman and Diu, and Lakshadweep
Life term only if rape is brutal: HC
New Delhi: The Delhi high court has said that the offence of rape should be accompanied with acts of brutality to merit maximum penalty of life imprisonment for the guilty.
Reducing the punishment awarded to a tutor from life imprisonment to 10 years, a bench said the act of rape should be brutal to attract maximum punishment. The accused had raped his minor student in August 2004.
According to the FIR that was lodged on the complaint of the victims mother, she was shocked to witness the crime on returning from market as her daughter took tuitions from the accused. Interestingly, with solid medical evidence and the testimony of the mother against him, the accused Arun Kumar sought leniency in his sentencing. Kumar pleaded for a lighter prison term saying life sentence was too harsh a verdict.
The HC noted that there were no aggravating circumstances in the case and reduced Kumars term. Counsel for the accused concedes that in view of the evidence, even excluding the DNA report, there is tell tale evidence of the appellant being the tormentor of the young girl, the court observed, pointing out that just because the victim was a minor, it doesnt mean the accused be given life term. Brutality at the time of rape has to be factored in. If the rape is accompanied by acts of brutality, higher sentence should be imposed, the HC said.
HC gets tough on child rape
MUMBAI: Taking a strict view on child rapists, the Bombay high court in an important order has ruled that persons who rape a young girl should be awarded a minimum of 10 years’ imprisonment as stipulated in the law.
In case the trial court decides on a lesser term, it should give special reasons, a division bench of Justice A P Lavande and Justice P D Kode said while setting aside a four year jail term awarded to a youth who was convicted of raping a 10-year-old girl. The judges upped the punishment and sentenced Bhandara resident Dashrath Gupta to 10 years’ rigorous imprisonment (RI).
“No evidence was brought on record to justify adequate and special reasons (for awarding a lesser prison term),’’ the judges said. The court came down heavily on the sessions court for handing out a meagre sentence of four years. “The impugned judgment and order discloses total non-application of mind on the part of the learned trial judge,’’ said the HC.
Section 376 of the Indian Penal Code has a special provision while dealing with cases where a girl of under 12 years has been raped (section 376 (2) (f)—the punishment prescribed is a minimum of 10 years rigorous imprisonment. The section further says that “adequate and special reasons’’ have to be given by the trial court if it imposes a jail term of less than 10 years).
Gupta was arrested for raping a Std V student on February 13, 2006. Eight witnesses deposed during the trial. The sessions court convicted Gupta under section 376 of the IPC, without mentioning if the accused was being held guilty under section 376 (2) (f).
Additional public prosecutor T A Mirza argued that as the trial court had come to the conclusion that the victim was a 10-year-old girl, it ought to have imposed a minimum sentence of 10 years. The HC agreed that no reason was mentioned in the judgment for taking a lenient view. The court also directed him to shell out a fine of Rs 1,000.
Religious hotspot Puri is new haunt of paedophiles
Puri: Dear tourist, welcome to the land of Lord Jagannath, enjoy the beach, the sun, the sand and the sea. But keep the beach free of paedophiles, reads a poster at a budget hotel in Puris Chakratirtha area. Such posters, seen at places frequented by tourists, are just an indicator of what’s going on under cover in this holy town.
Unlike other beach tourism hubs such as Goa, Puri till less than a decade ago was not, so to say, conversant with the concept of sex tourism; it retained its distinct identity of being a Hindu pilgrim centre. Child sex abuse was virtually unheard of.
The arrest of a British national at the turn of the millennium and subsequent charges against a couple of other foreigners did raise a few eyebrows. The death of a young girl,believed to have been caused by some sexually transmitted disease, a few years ago,followed by some more reported cases including the arrest of Australian national Paul Allen in November 2008,have only added to growing suspicion that there was more to foreigners increasing preference for Puri than just sun, sea and sand. Sex could very well be the stimulant driving them to come here repeatedly.
Paedophilia cases might not come to notice easily in Puri, but it certainly exists. One can see middle-aged and old men (usually foreigners ) suspiciously moving around or dining with children, local as well from neighbouring states such as West Bengal and Andhra Pradesh, a hotelier said. It is not yet a systematic,well-organised affair in Puri, but when lakhs of people visit a small town (over 25,000 people visit Puri daily) and there are so many children belonging to the vulnerable age-group moving on their own on the beach, such things are bound to take place, he said.
NGO activists acquainted with the issue of child sex abuse even go the extent of describing Puri as a corner of the Golden Triangle which has Goa and Mayapur (in West Bengal) completing the imaginary geometrical design, and not Bhubaneswar and Konark as advertised by Orissa tourism bosses. That paedophiles are visiting Puri is to a good extent being accepted by many. But how serious is the problem
Over 100 such cases have come to light in Puri since 2000, revealed Debashis Rath,member,child welfare committee,Puri. According to him,child sex abuse in and around Pentakota,a fishing hamlet,has been reported but it is difficult to establish the charges. Whatever is happening is obviously being done very secretly,especially in clandestine shelter homes that are functioning without any registration with the authorities. We have reasons to believe that such things are going on,but unless a victim speaks up it is impossible to pin down a paedophile, he pointed out.
According to social workers, poverty,lack of adequate education facility in Pentakota area (it has one school for a population of around 40,000) and no restriction on children spending hours on the beach have increased the vulnerability of kids belonging to the 0-13 age group to such kind of abuse.
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