11.10.10
Times of India
Soon, a manual for docs, police to handle sexual assault cases
MUMBAI: The state government will shortly bring out a manual specifying the rules that the police and healthcare providers should follow while dealing with victims of sexual violence. This step has been taken to nail culprits who many a time go scot-free owing to faulty procedure of collecting evidence and victims turning hostile.
According to the National Crime Records Bureau, from 1990 to 2008, rape cases have increased by 112% and officials said it was time to have the procedures tighter so that the culprits can, in no way, evade punishment.
Three departments of the state are working in tandem to draw the manual, which will be ready in a month, that will be used to train medical officers and the police in how to be better equipped to build water-tight cases for sexual assault. The home department, the department of medical education and research and the directorate of health services have held a series of meetings and a few more are lined up before the draft is finalized.
A forensic science expert attached with the team emphasized on how hospitals did not have specific format or a list of tests required to ensure proper collection of evidence and that often diluted the cases. "All hospitals do their own things and in the end, sometimes, officials fail to collect the evidence properly," said the expert. However, an official said, the new list would hopefully redefine the ways in which the case details would be recorded so that the transfer of an officer would not hamper the probe.
Police surgeon Dr S M Patil, who is also working on the manual, said the main idea was to bring in uniformity in the way doctors and police handled sexual assault cases. "We are looking to make it easier for victims to lodge their complaints or approach medical officers for help," he said, adding that training of doctors was an important part of the programme.
Human rights and healthcare activists have time and again criticized the methods followed by healthcare providers who concentrate more on collecting forensic evidence and finishing paperwork rather than the need for therapeutic care. But psycho-social help was of utmost importance, said Padma Devasthali, coordinator of Centre for Enquiry into Health and Allied Themes. "Every victim has the right to treatment," she said, criticizing the mechanical approach of doctors while treating patients of assault. Devasthali added that proper counselling at that hour helps many victims make up their mind whether or not to pursue litigation.
The manual is also likely to take a stricter stand on the dilemma of doctors who refuse to treat victims till the latter had lodged a police complaint. "This attitude does intimidate and discourage the victims from pursuing treatment or legal action," said a medical officer from JJ Hospital.
October 11, 2010
October 8, 2010
6.10.10
Times of India
Suffer the Children
The most shocking part of Delhi's recent case of child abuse over a period of 18 months a school van driver repeatedly drugged, raped and sodomised three children aged between seven and 12 entrusted in his care is the swiftness with which it has been erased from public memory. Distracted by the ongoing violence in Kashmir, and the skeletons falling out of the closet of the CWG, the media seem to have lost interest in the case.
There have been few follow-up stories, barring a couple which said that the police were allegedly reluctant to pursue the case as some senior classmates of the victims, who were accomplices in the crime, are said to belong to so-called 'well-connected' families. Media indifference apart, there appears to be a general public reluctance to confront the entire issue of child abuse, the most repugnant and unforgivable of crimes, more so even than murder or rape. In this particular case, the unspeakable torment that the children suffered went on unnoticed for a year and a half till, finally, a suspicious mother, noticing the strange and withdrawn behaviour of the children, and the marks on their arms where they had been injected with drugs to make them more compliant, told a neighbour who, in turn, alerted the police.
Even as the Catholic church, in Ireland and elsewhere, has been shaken to its roots by the exposure of widespread paedophilia amongst its clergy and subsequent attempts to cover up such incidents in India we seem deliberately to look away from this most shameful of perversions, the corruption of innocence. These things happen in other places; they don't happen here, in our country, in our culture. Mohandas Gandhi's recorded practice of sharing his bed with nubile girls in order to test his ability to overcome physical arousal? That was an experiment in truth, not child abuse, no matter what psychological and emotional effects this may have had on those who were so experimented upon.
Gandhi's experiments with truth while being violative of current norms of child protection, at least as practised in other countries did not constitute paedophilia. But to believe that paedophilia, the physical defilement of children, does not occur in India, or is very rare, would be a dangerous delusion. Reviewing Mira Nair's film, Monsoon Wedding, a Delhi-based film critic took exception to the character who had sexually abused his niece when she was a child, saying that this was an un-Indian anomaly.
As Pinki Virani's unflinching testimony, Bitter Chocolate, reveals, far from being an anomaly, child abuse is horrifyingly common in India. Though the joint family system may have become outmoded, cramped quarters are frequently shared by adults and children, often breeding unhealthy proximity. The practice of leaving children with domestic help increasingly common in a milieu where both husband and wife are working can also lead to abusive practices.
Some commentators have pointed out that the issue of child abuse has been overplayed in the West, with people being coaxed by motivated researchers to concoct false 'memories' of being victims of sexual predation when they were children. But if this most destructive of social diseases has indeed been overplayed in the West, it has been criminally underplayed in India. Sexual abuse apart, India's children are victims of economic necessity which compels them to do hard manual labour, often in hazardous and brutal conditions, in order to survive. India has the Right to Education Act and it has more anti-child labour laws than any other country in the world; it also has the largest number of child workers.
We like to idolise childhood and infancy. But despite all our sentimentalism, Bal Krishna would have a sorry time of it in 21st century India.
6.10.10
Hindustan Times
HOW SAFE ARE OUR CHILDREN?
A boy of Class VIII in Kolkata committed suicide after he was caned by his principal and humiliated in front of schoolmates. The principal was arrested on Monday on charges of suicide abetment but the police within hours changed his offence to ‘assault’. He is out on bail. A 17-year-old girl in Hyderabad endured months of sexual harassment by her 50-year-old school principal who had managed to procure nude pictures of her.
She eventually decided enough was enough and revealed her story to the media in the hope that more did not suffer the same ordeal.
An 11-year-old boy was sodomised by two of his schoolmates in Delhi.
Sexual abuse and corporal punishment are a daily reality for many school students around the country. And they don’t just cause distress — such harassment can have a lifelong psychological, health and educational impact.
“Such incidents can cause trauma and pain that can last for their entire lives,” senior psychiatrist Jitender Nagpal says.
Even children who don’t experience harassment themselves but see such incidents taking place feel unsafe at school, leading to withdrawal and low self-esteem.
“I am worried whenever my son reaches home with a sad face, especially with such reports coming out every day,” said Rinku Singh, whose 12-year-old son attends a reputed school in New Delhi.
The spurt in the number of such incidents shows the government, teachers and administrators need to do more to ensure the safety of children at school.
NEED FOR STRICT LAWS
Recognising the need for stricter laws to combat exploitation in schools, the government is planning to pass the Protection of Children from Sexual Assault Bill, 2010, in Parliament soon.
The Bill gives a broader definition of sexual abuse of children and would make such offences non-bailable. It also covers the abuse inflicted on children through the Internet, another growing concern.
The bill is gender-neutral — a first for sexual abuse — and has been delineated into five categories with differing punishments: sexual assault, aggravated sexual assault, penetrative sexual assault, aggravated penetrative sexual assault and sexual harassment.
The draft law also provides for courts that are more oriented towards children to try such cases.
But instituting a law is never enough.
For instance, even though the Supreme Court banned corporal punishment a decade ago, school children are routinely rapped on the knuckles, asked to kneel down or stand for hours, caned and slapped by their teachers.
In 2006, a nodal agency called the National Commission for Protection of Child Rights was set up to look into allegations and cases relating to the safety and development of children. But few know of its existence.
A new law to prevent sexual exploitation of children will face implementational challenges such as how to make a six-year-old child complain about her abuse, or even realise she is facing abuse.
RAISING AWARENESS
Raising the awareness of children about sexual harassment and educating them on this are things that schools need to work on.
“Laws come into effect only when the case has surfaced and it does not provide for a preventive mechanism. Also there is a lack of transparency on what happens in our schools, for which we should have an autonomous authority or an independent person from the local child development office to be present in the school, to hear the problems faced by the children,” says P.S. Sharda, a lawyer and child rights activist.
Schools say they are working on this issue.
“We regularly send circulars to our teachers to sensitise them on corporal punishment and have initiated a process which tries to see signs of agony or distress in our children and act accordingly,” says Lata Vaidyanathan, principal of Modern School, Delhi.
She adds that a counselling cell and an active parent-teacher association are also there to address such issues.
Parents feel schools need to involve them to a greater extent to curb the menace.
“The only way to stop such incidents is to give adequate representation to parents in the school management. There is also a need for a more proactive counselling department talking not just to the children but with the parents and teachers as well,” says Ashok Agarwal, president of the All India Parents Association.
“The safety of the child can be ensured only if there is harmony between the natural surrounding of the school, i.e. its infrastructure, method of study and the emotional development of the child which is generally forgotten,” says Nagpal. “This is the need of the hour.”
Times of India
Suffer the Children
The most shocking part of Delhi's recent case of child abuse over a period of 18 months a school van driver repeatedly drugged, raped and sodomised three children aged between seven and 12 entrusted in his care is the swiftness with which it has been erased from public memory. Distracted by the ongoing violence in Kashmir, and the skeletons falling out of the closet of the CWG, the media seem to have lost interest in the case.
There have been few follow-up stories, barring a couple which said that the police were allegedly reluctant to pursue the case as some senior classmates of the victims, who were accomplices in the crime, are said to belong to so-called 'well-connected' families. Media indifference apart, there appears to be a general public reluctance to confront the entire issue of child abuse, the most repugnant and unforgivable of crimes, more so even than murder or rape. In this particular case, the unspeakable torment that the children suffered went on unnoticed for a year and a half till, finally, a suspicious mother, noticing the strange and withdrawn behaviour of the children, and the marks on their arms where they had been injected with drugs to make them more compliant, told a neighbour who, in turn, alerted the police.
Even as the Catholic church, in Ireland and elsewhere, has been shaken to its roots by the exposure of widespread paedophilia amongst its clergy and subsequent attempts to cover up such incidents in India we seem deliberately to look away from this most shameful of perversions, the corruption of innocence. These things happen in other places; they don't happen here, in our country, in our culture. Mohandas Gandhi's recorded practice of sharing his bed with nubile girls in order to test his ability to overcome physical arousal? That was an experiment in truth, not child abuse, no matter what psychological and emotional effects this may have had on those who were so experimented upon.
Gandhi's experiments with truth while being violative of current norms of child protection, at least as practised in other countries did not constitute paedophilia. But to believe that paedophilia, the physical defilement of children, does not occur in India, or is very rare, would be a dangerous delusion. Reviewing Mira Nair's film, Monsoon Wedding, a Delhi-based film critic took exception to the character who had sexually abused his niece when she was a child, saying that this was an un-Indian anomaly.
As Pinki Virani's unflinching testimony, Bitter Chocolate, reveals, far from being an anomaly, child abuse is horrifyingly common in India. Though the joint family system may have become outmoded, cramped quarters are frequently shared by adults and children, often breeding unhealthy proximity. The practice of leaving children with domestic help increasingly common in a milieu where both husband and wife are working can also lead to abusive practices.
Some commentators have pointed out that the issue of child abuse has been overplayed in the West, with people being coaxed by motivated researchers to concoct false 'memories' of being victims of sexual predation when they were children. But if this most destructive of social diseases has indeed been overplayed in the West, it has been criminally underplayed in India. Sexual abuse apart, India's children are victims of economic necessity which compels them to do hard manual labour, often in hazardous and brutal conditions, in order to survive. India has the Right to Education Act and it has more anti-child labour laws than any other country in the world; it also has the largest number of child workers.
We like to idolise childhood and infancy. But despite all our sentimentalism, Bal Krishna would have a sorry time of it in 21st century India.
6.10.10
Hindustan Times
HOW SAFE ARE OUR CHILDREN?
A boy of Class VIII in Kolkata committed suicide after he was caned by his principal and humiliated in front of schoolmates. The principal was arrested on Monday on charges of suicide abetment but the police within hours changed his offence to ‘assault’. He is out on bail. A 17-year-old girl in Hyderabad endured months of sexual harassment by her 50-year-old school principal who had managed to procure nude pictures of her.
She eventually decided enough was enough and revealed her story to the media in the hope that more did not suffer the same ordeal.
An 11-year-old boy was sodomised by two of his schoolmates in Delhi.
Sexual abuse and corporal punishment are a daily reality for many school students around the country. And they don’t just cause distress — such harassment can have a lifelong psychological, health and educational impact.
“Such incidents can cause trauma and pain that can last for their entire lives,” senior psychiatrist Jitender Nagpal says.
Even children who don’t experience harassment themselves but see such incidents taking place feel unsafe at school, leading to withdrawal and low self-esteem.
“I am worried whenever my son reaches home with a sad face, especially with such reports coming out every day,” said Rinku Singh, whose 12-year-old son attends a reputed school in New Delhi.
The spurt in the number of such incidents shows the government, teachers and administrators need to do more to ensure the safety of children at school.
NEED FOR STRICT LAWS
Recognising the need for stricter laws to combat exploitation in schools, the government is planning to pass the Protection of Children from Sexual Assault Bill, 2010, in Parliament soon.
The Bill gives a broader definition of sexual abuse of children and would make such offences non-bailable. It also covers the abuse inflicted on children through the Internet, another growing concern.
The bill is gender-neutral — a first for sexual abuse — and has been delineated into five categories with differing punishments: sexual assault, aggravated sexual assault, penetrative sexual assault, aggravated penetrative sexual assault and sexual harassment.
The draft law also provides for courts that are more oriented towards children to try such cases.
But instituting a law is never enough.
For instance, even though the Supreme Court banned corporal punishment a decade ago, school children are routinely rapped on the knuckles, asked to kneel down or stand for hours, caned and slapped by their teachers.
In 2006, a nodal agency called the National Commission for Protection of Child Rights was set up to look into allegations and cases relating to the safety and development of children. But few know of its existence.
A new law to prevent sexual exploitation of children will face implementational challenges such as how to make a six-year-old child complain about her abuse, or even realise she is facing abuse.
RAISING AWARENESS
Raising the awareness of children about sexual harassment and educating them on this are things that schools need to work on.
“Laws come into effect only when the case has surfaced and it does not provide for a preventive mechanism. Also there is a lack of transparency on what happens in our schools, for which we should have an autonomous authority or an independent person from the local child development office to be present in the school, to hear the problems faced by the children,” says P.S. Sharda, a lawyer and child rights activist.
Schools say they are working on this issue.
“We regularly send circulars to our teachers to sensitise them on corporal punishment and have initiated a process which tries to see signs of agony or distress in our children and act accordingly,” says Lata Vaidyanathan, principal of Modern School, Delhi.
She adds that a counselling cell and an active parent-teacher association are also there to address such issues.
Parents feel schools need to involve them to a greater extent to curb the menace.
“The only way to stop such incidents is to give adequate representation to parents in the school management. There is also a need for a more proactive counselling department talking not just to the children but with the parents and teachers as well,” says Ashok Agarwal, president of the All India Parents Association.
“The safety of the child can be ensured only if there is harmony between the natural surrounding of the school, i.e. its infrastructure, method of study and the emotional development of the child which is generally forgotten,” says Nagpal. “This is the need of the hour.”
September 24, 2010
21.9.10
Times of India
20 get double life terms in infamous sex scandal
Ahmednagar : District and session court Judge Makarand Keskar has convicted 20 accused to two life terms for their involvement in the 2006 high profile sex scandal.
The judgment was delivered by the court late last evening.
The judge also fined all the convicts Rs 10,000 each for every section they were charged with, out of which 50 per cent amount will be given to the victim, failing which they will have to undergo additional jail terms of three months to one year.
A total of 25 people comprising local politicians, businessmen and hotel owners had been booked in the case. However, the main accused Sheela Bargal, died a couple of months after the case was registered in February 2006. Three suspects are still absconding. The verdict against another accused Satish Pakhare, has been postponed to December 20 since he is in hospital following a serious accident.
According to the police report in 2006, Bargal used to clandestinely supply girls to customers and lure the minor girls with promise of giving money.
The case was exposed by Childline-Shehalaya in Ahmednagar following a tip-off.
Childline convinced the victims, two minor girls, to file a police complaint at the Tofkhana police station. The minor girls were gangraped in various lodges in Ahmednagar, Shirdi, NimgaonJali and Dhule by the 25 accused. Since several local politicians and traders were involved in the scandal, the case was handed over to the state Crime Investigation Department (CID), which had filed a chargesheet.
The convicts were punished under section 376(2)(G)gang rape, 120(B), 376(Rape),120(B) and section 5(A)(1)(D) of the Prevention of Immoral Trafficking Act(PITA) and 366 (kidnapping).
The case was pleaded by special Public Prosecutor Advocate Vijay Sawant.
22.9.10
DNA
Sonia Gandhi drives Krishna Tirath to frame child abuse law
Under pressure from their boss — Congress president Sonia Gandhi — the ministries of law and women and child development (WCD) have quickly set aside their differences and together prepared the draft the for Protection of Children from Sexual Offences Bill.
The proposed law will cover all new aspects of sexual offences against children and recommend stringent punishment. Once it is passed, this law will take priority over other laws on the same subject.
The move comes after Gandhi wrote to WCD minister Krishna Tirath asking her to hasten up the process of formulating the law and coordinate with the law ministry, which had already prepared a law on similar lines .
“I understand that this omnibus legislation is likely to take some time...There is a need to immediately bring a law that addresses the issue of sexual offences against children with care and sensitivity, without waiting for a more comprehensive legislation on child offences in general which may take time,” Gandhi wrote to Tirath in her capacity as chairperson of National Advisory Council.
After the rap from Sonia, the two ministries got their acts together and readied the draft of the proposed legislation. Tirath has now informed Gandhi that the bill has been vetted by secretaries of both ministries and is ready for circulation. This is being done to get the views of various departments and ministries. According to Tirath, the bill is likely to be introduced in the winter session of Parliament.
The bill aims to protect children against sexual assault, sexual harassment, pornography and provide for the establishment of special courts to try such offences. The punishment recommended for penetrative sexual assault is at least five years imprisonment and a minimum fine of Rs50,000. Sexual assault also includes fondling the child and will invite a penalty of minimum three years imprisonment. There is a special provision that makes use of children in pornography punishable.
Possessing child pornographic material also carries punishment. According to the bill, the media, studios and photographers are obliged to report child pornography cases and a failure to do so will attract punishment.
To prevent misuse of the law, there is a six-month jail term for all those who make false complaints and give false information. While reporting child abuse, the media will be barred from identifying the victim and the accused’s children or giving other personal details.
The bill also proposes the setting up of special courts to deal with child abuse and suggests sensitive ways to deal with crime against children.
Times of India
20 get double life terms in infamous sex scandal
Ahmednagar : District and session court Judge Makarand Keskar has convicted 20 accused to two life terms for their involvement in the 2006 high profile sex scandal.
The judgment was delivered by the court late last evening.
The judge also fined all the convicts Rs 10,000 each for every section they were charged with, out of which 50 per cent amount will be given to the victim, failing which they will have to undergo additional jail terms of three months to one year.
A total of 25 people comprising local politicians, businessmen and hotel owners had been booked in the case. However, the main accused Sheela Bargal, died a couple of months after the case was registered in February 2006. Three suspects are still absconding. The verdict against another accused Satish Pakhare, has been postponed to December 20 since he is in hospital following a serious accident.
According to the police report in 2006, Bargal used to clandestinely supply girls to customers and lure the minor girls with promise of giving money.
The case was exposed by Childline-Shehalaya in Ahmednagar following a tip-off.
Childline convinced the victims, two minor girls, to file a police complaint at the Tofkhana police station. The minor girls were gangraped in various lodges in Ahmednagar, Shirdi, NimgaonJali and Dhule by the 25 accused. Since several local politicians and traders were involved in the scandal, the case was handed over to the state Crime Investigation Department (CID), which had filed a chargesheet.
The convicts were punished under section 376(2)(G)gang rape, 120(B), 376(Rape),120(B) and section 5(A)(1)(D) of the Prevention of Immoral Trafficking Act(PITA) and 366 (kidnapping).
The case was pleaded by special Public Prosecutor Advocate Vijay Sawant.
22.9.10
DNA
Sonia Gandhi drives Krishna Tirath to frame child abuse law
Under pressure from their boss — Congress president Sonia Gandhi — the ministries of law and women and child development (WCD) have quickly set aside their differences and together prepared the draft the for Protection of Children from Sexual Offences Bill.
The proposed law will cover all new aspects of sexual offences against children and recommend stringent punishment. Once it is passed, this law will take priority over other laws on the same subject.
The move comes after Gandhi wrote to WCD minister Krishna Tirath asking her to hasten up the process of formulating the law and coordinate with the law ministry, which had already prepared a law on similar lines .
“I understand that this omnibus legislation is likely to take some time...There is a need to immediately bring a law that addresses the issue of sexual offences against children with care and sensitivity, without waiting for a more comprehensive legislation on child offences in general which may take time,” Gandhi wrote to Tirath in her capacity as chairperson of National Advisory Council.
After the rap from Sonia, the two ministries got their acts together and readied the draft of the proposed legislation. Tirath has now informed Gandhi that the bill has been vetted by secretaries of both ministries and is ready for circulation. This is being done to get the views of various departments and ministries. According to Tirath, the bill is likely to be introduced in the winter session of Parliament.
The bill aims to protect children against sexual assault, sexual harassment, pornography and provide for the establishment of special courts to try such offences. The punishment recommended for penetrative sexual assault is at least five years imprisonment and a minimum fine of Rs50,000. Sexual assault also includes fondling the child and will invite a penalty of minimum three years imprisonment. There is a special provision that makes use of children in pornography punishable.
Possessing child pornographic material also carries punishment. According to the bill, the media, studios and photographers are obliged to report child pornography cases and a failure to do so will attract punishment.
To prevent misuse of the law, there is a six-month jail term for all those who make false complaints and give false information. While reporting child abuse, the media will be barred from identifying the victim and the accused’s children or giving other personal details.
The bill also proposes the setting up of special courts to deal with child abuse and suggests sensitive ways to deal with crime against children.
September 14, 2010
13.9.10
Times of India
Poverty is no grounds for showing leniency, says HC
MUMBAI: Upholding a trial court verdict that sentenced a man to nine years in prison for raping, trespass and threatening to kill a 22-year-old woman, the Bombay high court observed that poverty cannot be a reason to show leniency towards a rape accused.
Section 376 of the Indian Penal Code states that the maximum punishment for the offence is seven years, but for special reasons, lesser punishment may be imposed. Citing Supreme Court judgments, Justice Bhangale observed that "the socio-economic status of the accused or his religion, caste, creed are irrelevant factors''.
In 2006, Satinath Raut, a labourer, raped a woman in his village in Bhandara district. The incident occurred late at night when the woman was alone at home with her three-year-old daughter. Her husband and mother-in-law were away. The prosecution alleged that the accused had entered the victim's house, and taking advantage of the fact that she was alone, had threatened her with a knife and raped her.
In February 2007, a sessions court sentenced Raut to nine years on charges of rape, criminal trespass and threatening to kill the victim. He was also asked to pay the victim Rs 1,000 as compensation.
In 2009, Raut appealed before the Nagpur bench of the Bombay high court. In his appeal, he pleaded that he has five children and an aged mother to look after. Hence, the sentence imposed upon him for rape should be reduced for the period he has already undergone. Refusing to accept this, the court observed, "His socio-economic status cannot constitute adequate and special reason. Punishment, which is to be imposed upon the convict, has to be proportionate to the crime committed. The court has to bear in mind the society's cry for justice.''
Justice Bhangale also observed, "It might have been otherwise, had the victim herself come forward with an affidavit to forgive the appellant and to pray for lenient sentence for him.''
14.9.10
Times of India
Bill seeks cover for kids during trial
NEW DELHI: In a move that could bring greater sensitivity to investigation and handling of child sexual assault cases, a new bill proposes that children not be forced to confront the accused while testifying and the evidence be recorded within a month.
These child-friendly measures have been included in the 'Prevention of Offences against Child Bill 2009' by the ministry of women and child development (WCD).
"The special court shall ensure that the child is not exposed in any way to the accused at the time of evidence, while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocate," the draft says. The proposed legislation also recommends that policemen appear in plainclothes so as not to intimidate the victim. Though the Supreme Court has laid down some guidelines on the issue, these are followed by courts only erratically.
Children can also use the services of an interpreter and will have to give evidence only in camera. The bill is likely to come up in the Union Cabinet by next month and may be introduced in the winter session of Parliament. WCD minister Krishna Tirath said, "We are introducing child-friendly procedures in the proposed bill to ensure cases of child sexual assault are handled with greater sensitivity." The bill — that is expected to address any unlawful physical contact with sexual intent — also adds pornography as an offence. Using a minor for pornography could make an individual liable for RI for 5 years extendable to 7 years and a fine of Rs 5 lakh extendable to Rs 10 lakh. Penalty for penetrative sexual assault has been proposed to be 10 years which could be extended to life imprisonment and a fine of Rs 1 lakh.
Whoever commits sexual assault can be punished with imprisonment of 3 years and Rs 25,000 as fine. Incidentally, the ministry has also asked the National Commission for Protection of Child Rights ( NCPCR) to explore changes in the Juvenile Justice Act to include stringent punishment for corporal punishment and ragging in educational institutions. A study by the WCD ministry found that 53% of children in India were sexually abused. Of these, a large majority (70%) remain unreported because the perpetrator is someone close to the child.
Former law commission member Kirti Singh said, "It is a good thing that child-friendly procedures are being adopted. I, however, feel that the definition of sexual assault has been narrowed instead of being widened." Sexual assault has been described as "whoever with sexual intent touches the vagina, penis, anus or breasts of the child or makes the child touch the vagina, penis, anus or breasts of other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault". Singh said the definition was too convoluted and simply describing the crime as "unlawful physical contact with sexual intent" would have been clearer.
Times of India
Poverty is no grounds for showing leniency, says HC
MUMBAI: Upholding a trial court verdict that sentenced a man to nine years in prison for raping, trespass and threatening to kill a 22-year-old woman, the Bombay high court observed that poverty cannot be a reason to show leniency towards a rape accused.
Section 376 of the Indian Penal Code states that the maximum punishment for the offence is seven years, but for special reasons, lesser punishment may be imposed. Citing Supreme Court judgments, Justice Bhangale observed that "the socio-economic status of the accused or his religion, caste, creed are irrelevant factors''.
In 2006, Satinath Raut, a labourer, raped a woman in his village in Bhandara district. The incident occurred late at night when the woman was alone at home with her three-year-old daughter. Her husband and mother-in-law were away. The prosecution alleged that the accused had entered the victim's house, and taking advantage of the fact that she was alone, had threatened her with a knife and raped her.
In February 2007, a sessions court sentenced Raut to nine years on charges of rape, criminal trespass and threatening to kill the victim. He was also asked to pay the victim Rs 1,000 as compensation.
In 2009, Raut appealed before the Nagpur bench of the Bombay high court. In his appeal, he pleaded that he has five children and an aged mother to look after. Hence, the sentence imposed upon him for rape should be reduced for the period he has already undergone. Refusing to accept this, the court observed, "His socio-economic status cannot constitute adequate and special reason. Punishment, which is to be imposed upon the convict, has to be proportionate to the crime committed. The court has to bear in mind the society's cry for justice.''
Justice Bhangale also observed, "It might have been otherwise, had the victim herself come forward with an affidavit to forgive the appellant and to pray for lenient sentence for him.''
14.9.10
Times of India
Bill seeks cover for kids during trial
NEW DELHI: In a move that could bring greater sensitivity to investigation and handling of child sexual assault cases, a new bill proposes that children not be forced to confront the accused while testifying and the evidence be recorded within a month.
These child-friendly measures have been included in the 'Prevention of Offences against Child Bill 2009' by the ministry of women and child development (WCD).
"The special court shall ensure that the child is not exposed in any way to the accused at the time of evidence, while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocate," the draft says. The proposed legislation also recommends that policemen appear in plainclothes so as not to intimidate the victim. Though the Supreme Court has laid down some guidelines on the issue, these are followed by courts only erratically.
Children can also use the services of an interpreter and will have to give evidence only in camera. The bill is likely to come up in the Union Cabinet by next month and may be introduced in the winter session of Parliament. WCD minister Krishna Tirath said, "We are introducing child-friendly procedures in the proposed bill to ensure cases of child sexual assault are handled with greater sensitivity." The bill — that is expected to address any unlawful physical contact with sexual intent — also adds pornography as an offence. Using a minor for pornography could make an individual liable for RI for 5 years extendable to 7 years and a fine of Rs 5 lakh extendable to Rs 10 lakh. Penalty for penetrative sexual assault has been proposed to be 10 years which could be extended to life imprisonment and a fine of Rs 1 lakh.
Whoever commits sexual assault can be punished with imprisonment of 3 years and Rs 25,000 as fine. Incidentally, the ministry has also asked the National Commission for Protection of Child Rights ( NCPCR) to explore changes in the Juvenile Justice Act to include stringent punishment for corporal punishment and ragging in educational institutions. A study by the WCD ministry found that 53% of children in India were sexually abused. Of these, a large majority (70%) remain unreported because the perpetrator is someone close to the child.
Former law commission member Kirti Singh said, "It is a good thing that child-friendly procedures are being adopted. I, however, feel that the definition of sexual assault has been narrowed instead of being widened." Sexual assault has been described as "whoever with sexual intent touches the vagina, penis, anus or breasts of the child or makes the child touch the vagina, penis, anus or breasts of other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault". Singh said the definition was too convoluted and simply describing the crime as "unlawful physical contact with sexual intent" would have been clearer.
September 7, 2010
2.9.10
DNA/ Hindustan Times
Malaysia plans special school for pregnant teenagers
Malaysian state authorities will soon open a school exclusively for pregnant teenagers to help them overcome the stigma of having children without being married, an official said on Wednesday.
The school will be able to accept about 30 students starting Sept 16, making the southern state of Malacca the first in this Muslim-majority country to have such an institution, said school chairman Abdul Rahman Abdul Karim.
The plan comes after Malaysian officials have voiced increasing concerns about teenagers who inadvertently become pregnant and drop out of school. Some young mothers have abandon their babies in garbage dumps, bushes or public toilets.
The Islamic affairs department in Malacca will run the school and offer classes in math, science, English and other subjects alongside religious counseling for the girls, Abdul Rahman said. They can also stay in a hostel next to the school.
"We want to give them a second chance to rebuild their future," Abdul Rahman said, "After they deliver their babies, the girls can go back to their ordinary schools."
Sex without wedlock remains a taboo for many Muslims in Malaysia, where more than 50 babies have been found abandoned so far this year. Many of them died. Officials in Malacca have recorded at least 170 babies born without wedlock this year. More than 70 were delivered by teenage girls. Malacca's chief minister recently encouraged Muslim teenagers to get married if they cannot resist having sex and promised to allocate state funds to help them start a family.
4.9.10
Times of India
Saki Naka girl cried rape at aunts behest
Mumbai: The rape charges levelled by a 12-year-old girl from Saki Naka against nine persons,including her cousin,has turned out to be false.
The girl,who is currently lodged at Mankhurd Children Home,has told the police that her aunt,Jyotsna Bapat,and uncle had forced her to lodge a false complaint.And,the police said,the Bapats had wanted to frame the nine in a fake rape case to settle some old scores over a property dispute and also to extract money from them.Jyotsna also named her son,Daval (22),in the case to make it appear real.
The police will submit a B Summary (false complaint) case to court that will decide on the further course of action.The girls aunt had found out that she had an illicit relationship with her uncle.The girl has claimed that her aunt blackmailed her into lodging the complaint to frame one of the accused and his employees.Jyotsna was involved in a property dispute with the person concerned, the police said.
Based on the girls complaint lodged on March 19,a paint shop owner,Jamuna Sharma (71),his son Rajesh,his employees,Jitendra Yadav (25),Vinod Yadav (27),Vakil Ahmed (27) and Premchand Pandit (35),Daval,his friend Raj Sharma and another person were booked.The girl claimed that Daval and Raj were the main culprits,each of whom had raped her six times since 2008.
Of the accused persons,six were released on bail,while three got anticipatory bail.Daval had been at large for some times.But last month,he came to us and told us that he was out of the city and not hiding.He also said he did not have any clue why his parents did such a thing, Saki Naka senior inspector S R Dhanedhar said.
Deputy commissioner of police (Zone X) Prakash Mutyal said,We are searching for the aunt and uncle who have gone into hiding.
4.9.10
Times of India
Helpline launched for women and children
Adipath Foundation and Research Centre, a newly formed NGO believes in prevention of abuse and trauma of women and children at home. This NGO aims to extend a helping hand to victims of physical abuse, particularly women and children. In an attempt to reach out to such victims, the foundation has launched at toll-free helpline number, which is presently functioning in the city and the state of Maharashtra.
Talking about the unique initiative, advocate Neelima Kanetkar, general secretary of the foundation, stated, “Adi means beginning in Sanskrit and path means 'marg' or a way/ road. Adipath, therefore, means beginning of a new path for such victims.
We are a team of experts from various fields and we will provide counseling, knowledge with regards to legal rights, medical advice depending on the case of the caller. In the first stage, we will counsel them over the telephone, depending on the seriousness of the situation. If there is a need for personal interaction, we will refer them to the nearest centre/ trust/ social welfare organization.”
In the words of Dr Madhuri Gurjar, vice-president of the foundation, “We will also hold awareness campaigns, workshops, seminars etc in the educational institutions to address issues like pre-marriage counseling, pre and post-divorce counseling, empowerment of women, legal literacy with regard to rights of women and children in distress.
We have already finalized with colleges like Ruparel and we are in the process of holding such camps at institutions like Indian Education Society’s schools spread across the city including the suburbs of Mulund and Bhandup.” According to the members, teenagers also need to be aware of their legal rights because being soft targets; they often become victims of physical abuse.
Hence, there is a need to create public awareness to enlighten different groups at large to deal with their problems and also to prevent abuse/ trauma at home. According to Meera Joshi, the other vice president and retired LIC officer, “We have restricted our helpline service, which is functioning from 12 - 6 pm, only to Maharashtra.
The caller can tell us their problems over the telephone, without disclosing their identity. We will guide and counsel them depending on their problem or impart information of available services in the proximity of the caller.The foundation is supported by several eminent patrons like Justice Sri Krishna, Dr Snehalata Deshmukh (former vice-chancellor, Mumbai University), Kalindi Muzumdar (former vice-principal, Nirmala Niketan college of Social work), Mahesh Kothare (accomplished film-maker from the Marathi film industry) and others.
To raise the necessary financial resources for this noble cause, the foundation collaborated with Klub Nostalgia, (a Powai-based musical event management organization) to organize a musical show on August 13.N R Ventatachalam, founder of Klub Nostalgia, added, “The musical show was held at Yeshwant Natya Mandir, as a musical tribute to Mohd Rafi, to mark his 30th death anniversary.
All our shows are done for charity. This NGO deals with a noble cause, so we provided a platform during this show wherein the audience were given some information regarding the toll free number and its purpose.”
Toll free helpline -- 1800 220 205 from 12 – 6 pm. Sunday closed.
Alternate contacts: 99670 15120/ 98207 97377
6.9.10
Times of India
Wild fantasies step out of bedrooms
Bestiality,Zoophilia Not Uncommon In India,Say Experts At Sex Meet
Chennai: Stories about group of young boys having sex with buffaloes in rural South India,upwardly mobile women tutoring dogs in intercourse,and a group of frequent flyers travelling in search of stallions tumbled out of doctors case sheets after US-based sex therapist Hani Miletski spoke about bestiality and zoophilia during 26th national sex conference being held in the city.The session,however,did not arrive at a conclusion whether bestiality,which is punishable under Section 377 (unnatural sex) of the Indian Penal Code,was right or wrong.In fact,the session raised more questions than answers.Yet,everyone agreed bestiality is not rare in India.
Chennai-based sexologist Dr Narayana Reddy said six months ago,a young couple from Vellore had visited him.The initial complaint was that the man had problems of erectile dysfunction.They were married for five years but they never had sex.
When I independently investigated,I found that the 29-year-old man preferred buffaloes as partners.He has been having sex with female buffaloes for several years along with the boys in his age group, he said.In another case,he said,an upwardly mobile woman preferred to involve her pet dog whenever her spouse wanted to have sex.
Its complicated to give solutions.For now,we ask our clients what they are looking for.On most occasions,its an attempt to save the marriage and we help them, Dr Reddy said.There are,however,no studies indicating statistics on sexual activity with animals in the country.But by practice,most sexologists say its high in the rural areas and among those living in close proximity of livestock.
Miletski, who carried out a study on bestiality for a doctoral dissertation at the Institute for Advanced Study of Human Sexuality in San Francisco, said there were two classes of people having sex with animal - the bestialites and zoophiles. While bestialites are those who have sexual contacts with an animal or use them when they don’t find human partners, zoophiles prefer an animal as a sex partner, often forming deep emotional relationships with them. Though the practice is as old as 25,000 years, there is still little knowledge about this, she said.
As for the number of people involved, she quoted a US-based study done by Kinsey which indicated that 8% of men and 4% of women in the US were indulging in sex with animals. In her own study, Miletski surveyed the answers of given by 93 people82 men and 11 women to the questionnaire. Many of her samples admitted that they felt disgusted with the thought of having sex with humans. She quoted one of them: Ask a homosexual if they want to have sex with opposite gender. There were a flood of questions, but most had no definite answers. Some doctors argued that people indulging in animal sex have as much rights to fight for legality as much as homosexuals. Many others chose to oppose it because it could lead to dangerous consequences.
7.9.10
Times of India
Hindustan Times
DNA
Rights Group Condems India's Rape Test
India's government, which is reforming its sexual violence laws, should ban the unscientific, degrading "finger test" on rape victims, Human Rights Watch said.
In a report released Monday, the organization said the continued use of the archaic practice, and reliance on the results by many defense lawyers and courts, perpetuates false, damaging stereotypes of rape survivors as "loose" women.
The procedure, described in outdated medical jurisprudence textbooks, involves a doctor inserting fingers in a rape victim's vagina to determine the presence or absence of the hymen and the so-called "laxity" of the vagina. Defense attorneys use the findings to challenge the credibility and character of the survivors.
"This test is yet another assault on a rape survivor, placing her at risk of further humiliation," said Aruna Kashyap, women's rights researcher at Human Rights Watch. "The Indian government should heed demands of Indian activists to abolish this degrading and useless practice."
The report, "Dignity on Trial: India's Need for Sound Standards for Conducting and Interpreting Forensic Examinations of Rape Survivors," is based on interviews in Mumbai and Delhi with activists, rape survivors and their parents, prosecutors, other lawyers, judges, doctors and forensic experts. Research also included an analysis of 153 High Court judgments on rape that referred to finger-test findings.
HRW said the Indian government should prohibit the tests and align medical treatment and forensic examinations of sexual violence victims with rights to health, privacy, dignity, and legal remedy.
The rights organization said the government should introduce sensitivity programs for doctors, police, prosecutors and judges concerning the rights of survivors, as well as establish multidisciplinary teams in all government hospitals that are sensitive to survivors and can conduct tests that respect their rights.
DNA/ Hindustan Times
Malaysia plans special school for pregnant teenagers
Malaysian state authorities will soon open a school exclusively for pregnant teenagers to help them overcome the stigma of having children without being married, an official said on Wednesday.
The school will be able to accept about 30 students starting Sept 16, making the southern state of Malacca the first in this Muslim-majority country to have such an institution, said school chairman Abdul Rahman Abdul Karim.
The plan comes after Malaysian officials have voiced increasing concerns about teenagers who inadvertently become pregnant and drop out of school. Some young mothers have abandon their babies in garbage dumps, bushes or public toilets.
The Islamic affairs department in Malacca will run the school and offer classes in math, science, English and other subjects alongside religious counseling for the girls, Abdul Rahman said. They can also stay in a hostel next to the school.
"We want to give them a second chance to rebuild their future," Abdul Rahman said, "After they deliver their babies, the girls can go back to their ordinary schools."
Sex without wedlock remains a taboo for many Muslims in Malaysia, where more than 50 babies have been found abandoned so far this year. Many of them died. Officials in Malacca have recorded at least 170 babies born without wedlock this year. More than 70 were delivered by teenage girls. Malacca's chief minister recently encouraged Muslim teenagers to get married if they cannot resist having sex and promised to allocate state funds to help them start a family.
4.9.10
Times of India
Saki Naka girl cried rape at aunts behest
Mumbai: The rape charges levelled by a 12-year-old girl from Saki Naka against nine persons,including her cousin,has turned out to be false.
The girl,who is currently lodged at Mankhurd Children Home,has told the police that her aunt,Jyotsna Bapat,and uncle had forced her to lodge a false complaint.And,the police said,the Bapats had wanted to frame the nine in a fake rape case to settle some old scores over a property dispute and also to extract money from them.Jyotsna also named her son,Daval (22),in the case to make it appear real.
The police will submit a B Summary (false complaint) case to court that will decide on the further course of action.The girls aunt had found out that she had an illicit relationship with her uncle.The girl has claimed that her aunt blackmailed her into lodging the complaint to frame one of the accused and his employees.Jyotsna was involved in a property dispute with the person concerned, the police said.
Based on the girls complaint lodged on March 19,a paint shop owner,Jamuna Sharma (71),his son Rajesh,his employees,Jitendra Yadav (25),Vinod Yadav (27),Vakil Ahmed (27) and Premchand Pandit (35),Daval,his friend Raj Sharma and another person were booked.The girl claimed that Daval and Raj were the main culprits,each of whom had raped her six times since 2008.
Of the accused persons,six were released on bail,while three got anticipatory bail.Daval had been at large for some times.But last month,he came to us and told us that he was out of the city and not hiding.He also said he did not have any clue why his parents did such a thing, Saki Naka senior inspector S R Dhanedhar said.
Deputy commissioner of police (Zone X) Prakash Mutyal said,We are searching for the aunt and uncle who have gone into hiding.
4.9.10
Times of India
Helpline launched for women and children
Adipath Foundation and Research Centre, a newly formed NGO believes in prevention of abuse and trauma of women and children at home. This NGO aims to extend a helping hand to victims of physical abuse, particularly women and children. In an attempt to reach out to such victims, the foundation has launched at toll-free helpline number, which is presently functioning in the city and the state of Maharashtra.
Talking about the unique initiative, advocate Neelima Kanetkar, general secretary of the foundation, stated, “Adi means beginning in Sanskrit and path means 'marg' or a way/ road. Adipath, therefore, means beginning of a new path for such victims.
We are a team of experts from various fields and we will provide counseling, knowledge with regards to legal rights, medical advice depending on the case of the caller. In the first stage, we will counsel them over the telephone, depending on the seriousness of the situation. If there is a need for personal interaction, we will refer them to the nearest centre/ trust/ social welfare organization.”
In the words of Dr Madhuri Gurjar, vice-president of the foundation, “We will also hold awareness campaigns, workshops, seminars etc in the educational institutions to address issues like pre-marriage counseling, pre and post-divorce counseling, empowerment of women, legal literacy with regard to rights of women and children in distress.
We have already finalized with colleges like Ruparel and we are in the process of holding such camps at institutions like Indian Education Society’s schools spread across the city including the suburbs of Mulund and Bhandup.” According to the members, teenagers also need to be aware of their legal rights because being soft targets; they often become victims of physical abuse.
Hence, there is a need to create public awareness to enlighten different groups at large to deal with their problems and also to prevent abuse/ trauma at home. According to Meera Joshi, the other vice president and retired LIC officer, “We have restricted our helpline service, which is functioning from 12 - 6 pm, only to Maharashtra.
The caller can tell us their problems over the telephone, without disclosing their identity. We will guide and counsel them depending on their problem or impart information of available services in the proximity of the caller.The foundation is supported by several eminent patrons like Justice Sri Krishna, Dr Snehalata Deshmukh (former vice-chancellor, Mumbai University), Kalindi Muzumdar (former vice-principal, Nirmala Niketan college of Social work), Mahesh Kothare (accomplished film-maker from the Marathi film industry) and others.
To raise the necessary financial resources for this noble cause, the foundation collaborated with Klub Nostalgia, (a Powai-based musical event management organization) to organize a musical show on August 13.N R Ventatachalam, founder of Klub Nostalgia, added, “The musical show was held at Yeshwant Natya Mandir, as a musical tribute to Mohd Rafi, to mark his 30th death anniversary.
All our shows are done for charity. This NGO deals with a noble cause, so we provided a platform during this show wherein the audience were given some information regarding the toll free number and its purpose.”
Toll free helpline -- 1800 220 205 from 12 – 6 pm. Sunday closed.
Alternate contacts: 99670 15120/ 98207 97377
6.9.10
Times of India
Wild fantasies step out of bedrooms
Bestiality,Zoophilia Not Uncommon In India,Say Experts At Sex Meet
Chennai: Stories about group of young boys having sex with buffaloes in rural South India,upwardly mobile women tutoring dogs in intercourse,and a group of frequent flyers travelling in search of stallions tumbled out of doctors case sheets after US-based sex therapist Hani Miletski spoke about bestiality and zoophilia during 26th national sex conference being held in the city.The session,however,did not arrive at a conclusion whether bestiality,which is punishable under Section 377 (unnatural sex) of the Indian Penal Code,was right or wrong.In fact,the session raised more questions than answers.Yet,everyone agreed bestiality is not rare in India.
Chennai-based sexologist Dr Narayana Reddy said six months ago,a young couple from Vellore had visited him.The initial complaint was that the man had problems of erectile dysfunction.They were married for five years but they never had sex.
When I independently investigated,I found that the 29-year-old man preferred buffaloes as partners.He has been having sex with female buffaloes for several years along with the boys in his age group, he said.In another case,he said,an upwardly mobile woman preferred to involve her pet dog whenever her spouse wanted to have sex.
Its complicated to give solutions.For now,we ask our clients what they are looking for.On most occasions,its an attempt to save the marriage and we help them, Dr Reddy said.There are,however,no studies indicating statistics on sexual activity with animals in the country.But by practice,most sexologists say its high in the rural areas and among those living in close proximity of livestock.
Miletski, who carried out a study on bestiality for a doctoral dissertation at the Institute for Advanced Study of Human Sexuality in San Francisco, said there were two classes of people having sex with animal - the bestialites and zoophiles. While bestialites are those who have sexual contacts with an animal or use them when they don’t find human partners, zoophiles prefer an animal as a sex partner, often forming deep emotional relationships with them. Though the practice is as old as 25,000 years, there is still little knowledge about this, she said.
As for the number of people involved, she quoted a US-based study done by Kinsey which indicated that 8% of men and 4% of women in the US were indulging in sex with animals. In her own study, Miletski surveyed the answers of given by 93 people82 men and 11 women to the questionnaire. Many of her samples admitted that they felt disgusted with the thought of having sex with humans. She quoted one of them: Ask a homosexual if they want to have sex with opposite gender. There were a flood of questions, but most had no definite answers. Some doctors argued that people indulging in animal sex have as much rights to fight for legality as much as homosexuals. Many others chose to oppose it because it could lead to dangerous consequences.
7.9.10
Times of India
Hindustan Times
DNA
Rights Group Condems India's Rape Test
India's government, which is reforming its sexual violence laws, should ban the unscientific, degrading "finger test" on rape victims, Human Rights Watch said.
In a report released Monday, the organization said the continued use of the archaic practice, and reliance on the results by many defense lawyers and courts, perpetuates false, damaging stereotypes of rape survivors as "loose" women.
The procedure, described in outdated medical jurisprudence textbooks, involves a doctor inserting fingers in a rape victim's vagina to determine the presence or absence of the hymen and the so-called "laxity" of the vagina. Defense attorneys use the findings to challenge the credibility and character of the survivors.
"This test is yet another assault on a rape survivor, placing her at risk of further humiliation," said Aruna Kashyap, women's rights researcher at Human Rights Watch. "The Indian government should heed demands of Indian activists to abolish this degrading and useless practice."
The report, "Dignity on Trial: India's Need for Sound Standards for Conducting and Interpreting Forensic Examinations of Rape Survivors," is based on interviews in Mumbai and Delhi with activists, rape survivors and their parents, prosecutors, other lawyers, judges, doctors and forensic experts. Research also included an analysis of 153 High Court judgments on rape that referred to finger-test findings.
HRW said the Indian government should prohibit the tests and align medical treatment and forensic examinations of sexual violence victims with rights to health, privacy, dignity, and legal remedy.
The rights organization said the government should introduce sensitivity programs for doctors, police, prosecutors and judges concerning the rights of survivors, as well as establish multidisciplinary teams in all government hospitals that are sensitive to survivors and can conduct tests that respect their rights.
August 12, 2010
12.8.10
Times of India
Marriages between minors is valid : Delhi HC
NEW DELHI: Marriage between minors is valid and it can be annulled only on the plea by one of the partners, the Delhi High Court ruled on Wednesday.
"A marriage in contravention of clause (iii) of section 5 (which fixes minimum age of twenty-one years for bridegroom and eighteen years for bride) does not fall in the category of void marriages nor does it fall in the category of voidable marriages. Consequently, by the process of elimination, it would be a valid marriage," the court said.
A bench of Justices B D Ahmed and V K Jain said that even under the Prohibition of Child Marriage Act the marriage involving minors has not been declared as invalid and the Act just says that the marriage can be annuled on this ground if plea is made by the minor partner.
"It is clear that where, earlier, a child marriage may not have been voidable under personal law, as in the case of the Hindu Marriage Act, by virtue of the section 3 of the Prohibition of Child marriage Act, it has explicitly been made voidable at the option of the child spouse. But nobody other than a party to the marriage can petition for annulment of the marriage," the court said.
It said the legislature while drafting the provisions of the Hindu Marriage Act had consciously left out marriages in contravention of the age stipulation from the category of void or invalid marriages.
The court passed the order on a petition filed by a minor boy who tied knot with a minor girl against the wishes of their family members after fleeing from home.
18-year Jitendra Kumar Sharma approached the court after a criminal case was registered against him on the complaint of family members of 16-year-old minor girl Poonam Sharma who alleged the boy had abducted her.
12.8.10
DNA
Malad schoolkids rally to stop child abuse
Raising their voices against child sexual abuse, students, teachers and parents from the Billabong high international school, Malad, and members of the Tata Institute of Social Sciences (Tiss) on Wednesday marched from the NCPA to the Mantralaya, urging the government to pass stricter laws against the menace.
Sanjay Singh from Tiss, who is the national convener of the ‘Chuppi Todo’ campaign, said; “We are using this campaign as an advocacy tool with the central government to pass the ‘Prevention of Offences Against the Child Bill’. For that, we encourage students to sign a document that will be submitted to central law minister Veerappa Moily.”
As part of this campaign, a memorandum and a 24-minute educational film ‘Chuppi Todo’were submitted to state home minister RR Patil. They demanded a separate act for children in Maharashtra, equivalent to the Goa act for children. The minister said he supported the students on this cause.
The campaign started at the Billabong school, with the screening of the film for students and parents. The film screening was followed by a discussion with child psychologists. A spot survey was conducted with the students to check their awareness levels about child sexual abuse. The answers given by these students before and after the screening were compared, to see the impact of film on the awareness level of children. This was followed by the signature campaign.
Billabong principal Kusum Kanwar said, “I would like to request all parents to be more forthcoming about such issues.”
Added Singh, “According to the ministry of women and child development and Childline, in India a child experiences the trauma of sexual abuse every second, and every 155th minute, a child below 16 years of age is raped.”
To spread awareness among the students on how to identify and fight child sexual abuse, NGO Plan India has initiated programmes to educate the children and parents on safe and unsafe touches, in the context of child sexual abuse.
The ‘Chuupi Todo’ campaign will extend till Delhi via Baroda, Ahmedabad, Udaipur, and Jaipur. Billabong’s Baroda branch plans to support the campaign by screening the film, along with a panel discussion for parents and students on August 12.
Times of India
Marriages between minors is valid : Delhi HC
NEW DELHI: Marriage between minors is valid and it can be annulled only on the plea by one of the partners, the Delhi High Court ruled on Wednesday.
"A marriage in contravention of clause (iii) of section 5 (which fixes minimum age of twenty-one years for bridegroom and eighteen years for bride) does not fall in the category of void marriages nor does it fall in the category of voidable marriages. Consequently, by the process of elimination, it would be a valid marriage," the court said.
A bench of Justices B D Ahmed and V K Jain said that even under the Prohibition of Child Marriage Act the marriage involving minors has not been declared as invalid and the Act just says that the marriage can be annuled on this ground if plea is made by the minor partner.
"It is clear that where, earlier, a child marriage may not have been voidable under personal law, as in the case of the Hindu Marriage Act, by virtue of the section 3 of the Prohibition of Child marriage Act, it has explicitly been made voidable at the option of the child spouse. But nobody other than a party to the marriage can petition for annulment of the marriage," the court said.
It said the legislature while drafting the provisions of the Hindu Marriage Act had consciously left out marriages in contravention of the age stipulation from the category of void or invalid marriages.
The court passed the order on a petition filed by a minor boy who tied knot with a minor girl against the wishes of their family members after fleeing from home.
18-year Jitendra Kumar Sharma approached the court after a criminal case was registered against him on the complaint of family members of 16-year-old minor girl Poonam Sharma who alleged the boy had abducted her.
12.8.10
DNA
Malad schoolkids rally to stop child abuse
Raising their voices against child sexual abuse, students, teachers and parents from the Billabong high international school, Malad, and members of the Tata Institute of Social Sciences (Tiss) on Wednesday marched from the NCPA to the Mantralaya, urging the government to pass stricter laws against the menace.
Sanjay Singh from Tiss, who is the national convener of the ‘Chuppi Todo’ campaign, said; “We are using this campaign as an advocacy tool with the central government to pass the ‘Prevention of Offences Against the Child Bill’. For that, we encourage students to sign a document that will be submitted to central law minister Veerappa Moily.”
As part of this campaign, a memorandum and a 24-minute educational film ‘Chuppi Todo’were submitted to state home minister RR Patil. They demanded a separate act for children in Maharashtra, equivalent to the Goa act for children. The minister said he supported the students on this cause.
The campaign started at the Billabong school, with the screening of the film for students and parents. The film screening was followed by a discussion with child psychologists. A spot survey was conducted with the students to check their awareness levels about child sexual abuse. The answers given by these students before and after the screening were compared, to see the impact of film on the awareness level of children. This was followed by the signature campaign.
Billabong principal Kusum Kanwar said, “I would like to request all parents to be more forthcoming about such issues.”
Added Singh, “According to the ministry of women and child development and Childline, in India a child experiences the trauma of sexual abuse every second, and every 155th minute, a child below 16 years of age is raped.”
To spread awareness among the students on how to identify and fight child sexual abuse, NGO Plan India has initiated programmes to educate the children and parents on safe and unsafe touches, in the context of child sexual abuse.
The ‘Chuupi Todo’ campaign will extend till Delhi via Baroda, Ahmedabad, Udaipur, and Jaipur. Billabong’s Baroda branch plans to support the campaign by screening the film, along with a panel discussion for parents and students on August 12.
August 3, 2010
Times of India
3.8.10
Sex offenders prey on the young
MUMBAI: A teenaged boy was arrested on Monday for allegedly raping his 2-year-old neighbour in Anand Nagar, Thane, bringing to focus yet again the growing trend of sexual crimes against young women and children.
Yogesh Jethwa was arrested by the Thane police after the girl complained of pain and was rushed by her parents to a private clinic in Mulund. The 17-year-old, who has been held at the Kopri police station, will be produced before a juvenile court on Tuesday.
Jethwa's case is the latest entry in the long list of sexual crimes perpetrated against young women and children.
In the last five years, city police statistics show, at 699, the highest number of rape victims fell in the age group between 14 and 30. Next were the victims aged between 30 and 50. During the same period, about 80 minor girls between 10 and 14 years were raped.
Police officials said that the victims aged between 14 and 30 are often lured into a physical relationship with false promises of marriage. "In many cases, girls fall victim to the crook's ostensible intentions," joint commissioner of police (Crime) Himanshu Roy said.
Roy said the sex offenders frequently feel that they can overpower the minors and easily escape after committing the crime. In many cases, he said, the sex offender is either a relative or a known neighbour. "The rape victims below the age group of 10 are usually lured with chocolates or sweets by the victims' relatives or someone they know," Roy said. "The rapists feel they can get away after threatening the girls."
Shockingly, out of the 1034 cases registered in the city in the last five years, only 203 accused have been convicted so far-a meagre 20%.
City's psychiatrists said that most victims in such cases suffer from shame and self-blame since they believe they are responsible, to some extent, for what happened.
The victim, said one psychiatrist, freezes out of shock and fails to "fight or flight against the offender", a stage also referred to as "passive resistance". The psychiatrist said that many rapists construe this as consent.
"This is the time when the victim's parents and close ones should take care of the victim so that she can overcome the trauma," the psychiatrist added.
Bihar fares better than state in natl list of rape cases
Last year,at 178,the city had 278 fewer rapes than Delhis 452,but 112 more than neighbouring Punes 66 and a lot more than Kolkatas 40.
But it is not just Mumbai,the state too does not fare well when compared to many other parts of the country.According to National Crime Record Bureau numbers,in 2009,there were 1,508 rapes across Maharashtra compared to 1,450 in the much-maligned Bihar and 1,430 in Rajasthan.Only Madhya Pradesh (2,900),West Bengal (2,400) and Uttar Pradesh (1,900) figured above Maharashtra.
And while Mumbai leads many other cities in the number of rape crimes,it lags behind them in bringing the accused to book.The conviction rate in rape cases in the last five years in the city was about 20% (203 found guilty out of 1,034),compared to the country's rate of 22% to 27%.
In Maharashtra,according to the state criminal investigation department,barely 15-16 % accused in rape cases were convicted of the crime.
Ninety per cent of the rape cases registered in the city are committed by either relatives or those who are very close to the victims, said Mumbai police commissioner Sanjeev Dayal,pointing out that in the Kurla rapes and murders too,the accused were suspected to have befriended the minor victims.Society should take up the matter seriously and understand their responsibility in ensuring the safety of their kids.
Asked about the poor record,Dayal argued that the investigators had to probe the rape matter properly.He said,The reason for the poor conviction rate is that the investigations continue for too longsometimes for years after the crime happenedwhich allows the accused time to get bail.They then cajole or threaten the victims who many a time turn hostile when the trial is finally heard.Such serious crimes should be prosecuted by a fast track court to get a better conviction rate.
Low conviction rates across country fail to move Centre
Mumbai: The number of crimes against women might be consistently rising across the country,but,womens rights groups alleged,the Centre remains impervious to them.
Talking to TOI,Brinda Karat,a senior Communist Party of India (Marxist) leader,said that a girl aged between 1 and 10 is raped every 10 hours in India,but the Union government remains indifferent.
We had forwarded a bill to the government two years ago.So far it has not tabled the bill before the parliament, said Karat,who is also a member of CPI(M)s womens wing,the All India Democratic Womens Association (AIDWA).
Called the Sexual Assault Bill,Karat said,the legislation proposed creating different categories of sexual crimeslike rape,molestation,eve-teasingto help increase conviction rates.
Poor legal system,poor understanding of policemen and lengthy procedures are few reasons for low conviction rate, Karat said.In child rape cases,after horrifying rounds of investigation the victim starts feeling that she is an accused and should not have registered the case.
Karat said that the low conviction rates are a major reason for the growing number of offences against women.The conviction rate shown by cops is somewhere around 30%.But the actual rate is just 15 to 16%.
On many occasions,complains do not get registered on time and then it is very difficult to prove that rape actually happened.It should be registered within 24 hours of the incident.
3.8.10
Sex offenders prey on the young
MUMBAI: A teenaged boy was arrested on Monday for allegedly raping his 2-year-old neighbour in Anand Nagar, Thane, bringing to focus yet again the growing trend of sexual crimes against young women and children.
Yogesh Jethwa was arrested by the Thane police after the girl complained of pain and was rushed by her parents to a private clinic in Mulund. The 17-year-old, who has been held at the Kopri police station, will be produced before a juvenile court on Tuesday.
Jethwa's case is the latest entry in the long list of sexual crimes perpetrated against young women and children.
In the last five years, city police statistics show, at 699, the highest number of rape victims fell in the age group between 14 and 30. Next were the victims aged between 30 and 50. During the same period, about 80 minor girls between 10 and 14 years were raped.
Police officials said that the victims aged between 14 and 30 are often lured into a physical relationship with false promises of marriage. "In many cases, girls fall victim to the crook's ostensible intentions," joint commissioner of police (Crime) Himanshu Roy said.
Roy said the sex offenders frequently feel that they can overpower the minors and easily escape after committing the crime. In many cases, he said, the sex offender is either a relative or a known neighbour. "The rape victims below the age group of 10 are usually lured with chocolates or sweets by the victims' relatives or someone they know," Roy said. "The rapists feel they can get away after threatening the girls."
Shockingly, out of the 1034 cases registered in the city in the last five years, only 203 accused have been convicted so far-a meagre 20%.
City's psychiatrists said that most victims in such cases suffer from shame and self-blame since they believe they are responsible, to some extent, for what happened.
The victim, said one psychiatrist, freezes out of shock and fails to "fight or flight against the offender", a stage also referred to as "passive resistance". The psychiatrist said that many rapists construe this as consent.
"This is the time when the victim's parents and close ones should take care of the victim so that she can overcome the trauma," the psychiatrist added.
Bihar fares better than state in natl list of rape cases
Last year,at 178,the city had 278 fewer rapes than Delhis 452,but 112 more than neighbouring Punes 66 and a lot more than Kolkatas 40.
But it is not just Mumbai,the state too does not fare well when compared to many other parts of the country.According to National Crime Record Bureau numbers,in 2009,there were 1,508 rapes across Maharashtra compared to 1,450 in the much-maligned Bihar and 1,430 in Rajasthan.Only Madhya Pradesh (2,900),West Bengal (2,400) and Uttar Pradesh (1,900) figured above Maharashtra.
And while Mumbai leads many other cities in the number of rape crimes,it lags behind them in bringing the accused to book.The conviction rate in rape cases in the last five years in the city was about 20% (203 found guilty out of 1,034),compared to the country's rate of 22% to 27%.
In Maharashtra,according to the state criminal investigation department,barely 15-16 % accused in rape cases were convicted of the crime.
Ninety per cent of the rape cases registered in the city are committed by either relatives or those who are very close to the victims, said Mumbai police commissioner Sanjeev Dayal,pointing out that in the Kurla rapes and murders too,the accused were suspected to have befriended the minor victims.Society should take up the matter seriously and understand their responsibility in ensuring the safety of their kids.
Asked about the poor record,Dayal argued that the investigators had to probe the rape matter properly.He said,The reason for the poor conviction rate is that the investigations continue for too longsometimes for years after the crime happenedwhich allows the accused time to get bail.They then cajole or threaten the victims who many a time turn hostile when the trial is finally heard.Such serious crimes should be prosecuted by a fast track court to get a better conviction rate.
Low conviction rates across country fail to move Centre
Mumbai: The number of crimes against women might be consistently rising across the country,but,womens rights groups alleged,the Centre remains impervious to them.
Talking to TOI,Brinda Karat,a senior Communist Party of India (Marxist) leader,said that a girl aged between 1 and 10 is raped every 10 hours in India,but the Union government remains indifferent.
We had forwarded a bill to the government two years ago.So far it has not tabled the bill before the parliament, said Karat,who is also a member of CPI(M)s womens wing,the All India Democratic Womens Association (AIDWA).
Called the Sexual Assault Bill,Karat said,the legislation proposed creating different categories of sexual crimeslike rape,molestation,eve-teasingto help increase conviction rates.
Poor legal system,poor understanding of policemen and lengthy procedures are few reasons for low conviction rate, Karat said.In child rape cases,after horrifying rounds of investigation the victim starts feeling that she is an accused and should not have registered the case.
Karat said that the low conviction rates are a major reason for the growing number of offences against women.The conviction rate shown by cops is somewhere around 30%.But the actual rate is just 15 to 16%.
On many occasions,complains do not get registered on time and then it is very difficult to prove that rape actually happened.It should be registered within 24 hours of the incident.
July 31, 2010
Hindustan times
28.7. 2010
Fast-track courts to try child rape cases
Alarmed by the increasing number of child rape cases, the state government will try the accused in fast-track courts and end the trials in three months. Home Minister R R Patil made this announcement in the Legislative Assembly on Tuesday after legislators expressed concern over the increase in
crimes against underage girls during a debate on law and order issues.
"We want to dispose of child rape cases in three months," Patil told the House.
According to Patil, 11 child rapes were registered across the state in last six months. In Kurla's Nehru Nagar alone, three girls were raped and murdered since March.
"Arrests were made in eight cases," Patil said. "Now, we need to get them [accused] harsh sentences at the earliest."
Patil said the government will seek the Bombay High Court's approval for the fast-track courts. The administration will put up a proposal to this effect very soon, he added.
DNA
28.7.10
Delay in rape FIR no grounds for acquittal: HC
Delay in lodging an FIR cannot be the grounds to seek acquittal in a rape case, ruled the Bombay high court.
Last week, the court was referring to a case in which an illiterate woman from Bengal was raped by two men on March 22, 2001. But the complaint was filed about 20 hours later, as her husband had initially refused to come with her to police station. But later when the neighbours intervened, he went with her and lodged a complaint.
Justice JH Bhatia, while upholding a 10-year rigorous imprisonment sentence granted to the convict, observed: "As far as delay of about 20 hours in lodging the FIR, there appears sufficient explanation. She came from a very poor family and was totally dependent on her husband who was also not willing to support her."
Although, the medical report did not confirm rape, the court held that her evidence was good enough to nail the accused (convict).
"In the present case, there is no reason to disbelieve the evidence of the prosecutrix who is married with a 15-year-old son. The incident took place at about 2 and 2.30 am. Her mouth was shut and her legs were pressed, she was unable to shout or resist," observed the court.
The court said none of the neighbours heard her cries as most were labourers who were asleep after a day's work. When her husband, who worked in the night shift, came home at 5am, he did not pay attention to her pleas as he was drunk. The victim then approached her neighbours, said the court.
"The fact that she approached the neighbours and told them about the incident and with their help, she went to the police station and lodged the report indicates that she wanted justice for the offence committed against her. Therefore, she appears to be trustworthy witness," said the judgment.
Mumbai Mirror
31.7.10
Political pressure, police goof-up lead to acquittal of rape accused
The Dindoshi Sessions Court on Friday acquitted Sunil Sanus, 22, of raping a minor girl mainly because the girl’s mother deposed that the police refused to register their case until the local corporator and MLA pressured them to. To make matters worse, the police goofed up with procedures.
An 11-year-old girl was playing with her friend in a Goregaon garden around 8.30 pm on June 15, 2008, when Sanus allegedly went up to her. As her friend ran away, Sanus allegedly gagged the girl and took her to a corner, where he allegedly undressed and then raped her. A woman passing by witnessed the incident and shouted for help. A crowd gathered, thrashed him and took him to Goregaon police station.
To the prosecution’s dismay, in her testimony, the girl’s mother admitted, “The police were not ready to record the FIR. We waited in the police station for five hours. Thereafter, the MLA and the corporator rang up the police station and then the FIR was registered. Before that, they had only enquired about the incident.”
Defence lawyer Arun Jadhav said that this created doubt about the authenticity of the girl’s complaint. “By showing that the FIR was registered only after being pressured, a doubt was created over the complaint itself.” Besides, the girl had in her statement named Sanus, but in her medical check-up, had referred to the accused as ‘unknown’ and said that he had only undressed her and attempted to rape her. However, the girl’s mother contradicted saying she had been raped.
But what worsened the case was the police inexplicably not summoning any of the witnesses from the crowd who had allegedly caught Sanus red-handed or the woman who first witnessed the alleged act. In fact, investigating officer API Ashok Sawant, who is now with the Crime Branch, deposed that they couldn’t trace that woman or the girl’s friend who fled the scene on seeing Sanus. Sawant deposed, “After their statement and the seizure of clothes, they were called the next day so as to send the victim to Nagpada police hospital for medical check-up.”
By this admission, Sawant established that the girl had washed up crucial medical evidence of rape, Jadhav added. “To add to this, the police’s claims that the crowd had battered Sanus and torn his shirt couldn’t be established as the shirt was not torn at all and he had no bruises on his face. Sanus was clearly framed,” said Jadhav.
28.7. 2010
Fast-track courts to try child rape cases
Alarmed by the increasing number of child rape cases, the state government will try the accused in fast-track courts and end the trials in three months. Home Minister R R Patil made this announcement in the Legislative Assembly on Tuesday after legislators expressed concern over the increase in
crimes against underage girls during a debate on law and order issues.
"We want to dispose of child rape cases in three months," Patil told the House.
According to Patil, 11 child rapes were registered across the state in last six months. In Kurla's Nehru Nagar alone, three girls were raped and murdered since March.
"Arrests were made in eight cases," Patil said. "Now, we need to get them [accused] harsh sentences at the earliest."
Patil said the government will seek the Bombay High Court's approval for the fast-track courts. The administration will put up a proposal to this effect very soon, he added.
DNA
28.7.10
Delay in rape FIR no grounds for acquittal: HC
Delay in lodging an FIR cannot be the grounds to seek acquittal in a rape case, ruled the Bombay high court.
Last week, the court was referring to a case in which an illiterate woman from Bengal was raped by two men on March 22, 2001. But the complaint was filed about 20 hours later, as her husband had initially refused to come with her to police station. But later when the neighbours intervened, he went with her and lodged a complaint.
Justice JH Bhatia, while upholding a 10-year rigorous imprisonment sentence granted to the convict, observed: "As far as delay of about 20 hours in lodging the FIR, there appears sufficient explanation. She came from a very poor family and was totally dependent on her husband who was also not willing to support her."
Although, the medical report did not confirm rape, the court held that her evidence was good enough to nail the accused (convict).
"In the present case, there is no reason to disbelieve the evidence of the prosecutrix who is married with a 15-year-old son. The incident took place at about 2 and 2.30 am. Her mouth was shut and her legs were pressed, she was unable to shout or resist," observed the court.
The court said none of the neighbours heard her cries as most were labourers who were asleep after a day's work. When her husband, who worked in the night shift, came home at 5am, he did not pay attention to her pleas as he was drunk. The victim then approached her neighbours, said the court.
"The fact that she approached the neighbours and told them about the incident and with their help, she went to the police station and lodged the report indicates that she wanted justice for the offence committed against her. Therefore, she appears to be trustworthy witness," said the judgment.
Mumbai Mirror
31.7.10
Political pressure, police goof-up lead to acquittal of rape accused
The Dindoshi Sessions Court on Friday acquitted Sunil Sanus, 22, of raping a minor girl mainly because the girl’s mother deposed that the police refused to register their case until the local corporator and MLA pressured them to. To make matters worse, the police goofed up with procedures.
An 11-year-old girl was playing with her friend in a Goregaon garden around 8.30 pm on June 15, 2008, when Sanus allegedly went up to her. As her friend ran away, Sanus allegedly gagged the girl and took her to a corner, where he allegedly undressed and then raped her. A woman passing by witnessed the incident and shouted for help. A crowd gathered, thrashed him and took him to Goregaon police station.
To the prosecution’s dismay, in her testimony, the girl’s mother admitted, “The police were not ready to record the FIR. We waited in the police station for five hours. Thereafter, the MLA and the corporator rang up the police station and then the FIR was registered. Before that, they had only enquired about the incident.”
Defence lawyer Arun Jadhav said that this created doubt about the authenticity of the girl’s complaint. “By showing that the FIR was registered only after being pressured, a doubt was created over the complaint itself.” Besides, the girl had in her statement named Sanus, but in her medical check-up, had referred to the accused as ‘unknown’ and said that he had only undressed her and attempted to rape her. However, the girl’s mother contradicted saying she had been raped.
But what worsened the case was the police inexplicably not summoning any of the witnesses from the crowd who had allegedly caught Sanus red-handed or the woman who first witnessed the alleged act. In fact, investigating officer API Ashok Sawant, who is now with the Crime Branch, deposed that they couldn’t trace that woman or the girl’s friend who fled the scene on seeing Sanus. Sawant deposed, “After their statement and the seizure of clothes, they were called the next day so as to send the victim to Nagpada police hospital for medical check-up.”
By this admission, Sawant established that the girl had washed up crucial medical evidence of rape, Jadhav added. “To add to this, the police’s claims that the crowd had battered Sanus and torn his shirt couldn’t be established as the shirt was not torn at all and he had no bruises on his face. Sanus was clearly framed,” said Jadhav.
July 24, 2010
23.7.10
Times of India
Sex after false promise of marriage doesn’t amount to rape’
Nagpur: The Nagpur bench of the Bombay HC has ruled that sexual relationship with a woman after making false promises of marriage does not amount to rape, and acquitted a man from offences of raping a girl.
A single-judge bench of Justice Ambadas Joshi observed that “sexual relationship under a mistaken belief and hence a rape, as developed in the process of trial, does not stand in the eye of law”. It set aside the Yavatmal sessions court’s order that convicted Sandip Rathod (now 42) under Section 376 of raping a girl allegedly 16 years old in 1996. The HC also said the victim’s age has been proved to be around 18 when the incident occurred.
Rathod, then 30 years old, was serving at a forest office near Mala’s (name changed) home. He developed sexual relations with her and promised to marry her. Mala informed her parents when she became pregnant and Rathod was arrested on her parents’ complaint.
Charged with repeatedly having sexual relations with an “underaged’’ Mala on and before November 11, 1996, the sessions court sentenced him to 10-year rigorous imprisonment. Two years later, the accused, a Yavatmal resident, challenged the conviction in the high court. The bench cited the Supreme Court and other rulings while acquitting him.
VARYING VERDICTS
Supreme Court
Oct 5, 2006: A bench of Justices A K Mathur and Altamas Kabir held that having sexual intercourse with a girl with her consent obtained through fraud, coercion or on promise of marriage amounts to rape
Aug 29, 2007: A bench of Justices Arijit Pasayat and D K Jain said a man having sex with a girl after obtaining her consent on the promise of a marriage does not necessarily constitute rape even if he retracts on his pledge
High Court
February 1, 2010: The Delhi HC held that having sex with a girl on the promise of marriage and later refusing to tie the knot on flimsy grounds amounts to rape
July 17, 2010: The Bombay high court upheld the acquittal of a man who was charged with having sexual relations with a woman after making a false promise of marriage
24.7.10
DNA
Supreme Court paves the way for rape convict to join IAS
New Delhi: The Supreme Court has dismissed an appeal from the National Commission for Women (NCW) challenging a high court verdict that reduced life term of a rape convict to five-and-a-half years to pave the way for him to join the civil services.
Thus, Ashok Rai, who raped a 21-year old student that prompted her to commit suicide in 2003, can now stake claim for IAS or IPS, provided Union Public Service Commission (UPSC) rules don’t have any reservations on accepting candidates with a tainted past.
The top court also handed a setback to NCW, which had filed the challenging the Delhi high court verdict on Rai. SC said it (NCW) had no legal right to file an appeal in a criminal case.
Delhi government has already told the court that it does not agree with the high court. In February last year, HC had slashed Rai’s sentence to five-and-a-half years, saying he had had “redeemed himself in jail” by qualifying for the UPSC examination.
Dismissing NCW’s appeal, a bench of justices HS Bedi and CK Prasad told counsel Priya Hingorani, “There is no provision in the criminal procedure code allowing persons other than the state, prosecutor or the kin of the victim to file an appeal under such circumstances. You have no locus standi (right) in the case.”
Hingorani said rape is a serious crime and HC has given untenable grounds for reducing the convict’s punishment.
Stressing that sentence in rape cases must be exemplary, SC had said the social impact of the crime, such as where it relates to offences against women, dacoity, kidnapping, misappropriation of public money, treason and other offences involving moral turpitude or moral delinquency, which have great impact on social order and public interest, cannot be lost sight of and per se require exemplary treatment.
Some other judgments in rape cases have interested the legal analysts.
In one, it said rape is “violation of the private person of a woman” and an “outrage by all means”.
“By the very nature of the offence, it is an obnoxious act of the highest order,’’ judges had said.
In another case, judged quashed a HC judgment that acquitted a rape convict on the ground he was drunk.
The court also held that a rapist couldn’t be acquitted merely because the victim is used to sex. Even ifit is hypothetically accepted that the victim had lost her virginity earlier, it did not and cannot in law give license to any person to rape her.
“It is the accused who is on trial and not the victim,” the court said.
Times of India
Sex after false promise of marriage doesn’t amount to rape’
Nagpur: The Nagpur bench of the Bombay HC has ruled that sexual relationship with a woman after making false promises of marriage does not amount to rape, and acquitted a man from offences of raping a girl.
A single-judge bench of Justice Ambadas Joshi observed that “sexual relationship under a mistaken belief and hence a rape, as developed in the process of trial, does not stand in the eye of law”. It set aside the Yavatmal sessions court’s order that convicted Sandip Rathod (now 42) under Section 376 of raping a girl allegedly 16 years old in 1996. The HC also said the victim’s age has been proved to be around 18 when the incident occurred.
Rathod, then 30 years old, was serving at a forest office near Mala’s (name changed) home. He developed sexual relations with her and promised to marry her. Mala informed her parents when she became pregnant and Rathod was arrested on her parents’ complaint.
Charged with repeatedly having sexual relations with an “underaged’’ Mala on and before November 11, 1996, the sessions court sentenced him to 10-year rigorous imprisonment. Two years later, the accused, a Yavatmal resident, challenged the conviction in the high court. The bench cited the Supreme Court and other rulings while acquitting him.
VARYING VERDICTS
Supreme Court
Oct 5, 2006: A bench of Justices A K Mathur and Altamas Kabir held that having sexual intercourse with a girl with her consent obtained through fraud, coercion or on promise of marriage amounts to rape
Aug 29, 2007: A bench of Justices Arijit Pasayat and D K Jain said a man having sex with a girl after obtaining her consent on the promise of a marriage does not necessarily constitute rape even if he retracts on his pledge
High Court
February 1, 2010: The Delhi HC held that having sex with a girl on the promise of marriage and later refusing to tie the knot on flimsy grounds amounts to rape
July 17, 2010: The Bombay high court upheld the acquittal of a man who was charged with having sexual relations with a woman after making a false promise of marriage
24.7.10
DNA
Supreme Court paves the way for rape convict to join IAS
New Delhi: The Supreme Court has dismissed an appeal from the National Commission for Women (NCW) challenging a high court verdict that reduced life term of a rape convict to five-and-a-half years to pave the way for him to join the civil services.
Thus, Ashok Rai, who raped a 21-year old student that prompted her to commit suicide in 2003, can now stake claim for IAS or IPS, provided Union Public Service Commission (UPSC) rules don’t have any reservations on accepting candidates with a tainted past.
The top court also handed a setback to NCW, which had filed the challenging the Delhi high court verdict on Rai. SC said it (NCW) had no legal right to file an appeal in a criminal case.
Delhi government has already told the court that it does not agree with the high court. In February last year, HC had slashed Rai’s sentence to five-and-a-half years, saying he had had “redeemed himself in jail” by qualifying for the UPSC examination.
Dismissing NCW’s appeal, a bench of justices HS Bedi and CK Prasad told counsel Priya Hingorani, “There is no provision in the criminal procedure code allowing persons other than the state, prosecutor or the kin of the victim to file an appeal under such circumstances. You have no locus standi (right) in the case.”
Hingorani said rape is a serious crime and HC has given untenable grounds for reducing the convict’s punishment.
Stressing that sentence in rape cases must be exemplary, SC had said the social impact of the crime, such as where it relates to offences against women, dacoity, kidnapping, misappropriation of public money, treason and other offences involving moral turpitude or moral delinquency, which have great impact on social order and public interest, cannot be lost sight of and per se require exemplary treatment.
Some other judgments in rape cases have interested the legal analysts.
In one, it said rape is “violation of the private person of a woman” and an “outrage by all means”.
“By the very nature of the offence, it is an obnoxious act of the highest order,’’ judges had said.
In another case, judged quashed a HC judgment that acquitted a rape convict on the ground he was drunk.
The court also held that a rapist couldn’t be acquitted merely because the victim is used to sex. Even ifit is hypothetically accepted that the victim had lost her virginity earlier, it did not and cannot in law give license to any person to rape her.
“It is the accused who is on trial and not the victim,” the court said.
July 20, 2010
Mumbai Mirror
19.7.10
A girl being raped would ‘resist fiercely’: HC
High Court sets aside conviction of alleged rapist because teenaged victim testified she lay there with her eyes closed and did not scream for help. Picking flaws in the ‘unnatural conduct’ and testimony of a teenaged girl, the Bombay High Court has set aside the conviction of a man accused of raping her. The HC raised its doubts about the incident because the girl testified that she lay still with her eyes closed, did not scream for help or ‘fiercely resist’ the alleged rapist.
In January, the Ambajogai sessions court convicted Beed’s Ganesh Korde, 25, for rape and sentenced him to seven years imprisonment. The victim – who had claimed to be a minor – was alone at home on June 10, 2006, when Korde barged in, threatened her, undressed her, raped her and fled the scene.
The girl informed her parents when they returned and a complaint of rape was registered against Korde.
During the trial, the girl testified that she did not know Korde but didn’t ask him who he was when he entered the house. She stated that Korde pushed her to the floor and forced himself on her. But there was no scuffle between them, the girl testified, adding that she was ‘lying with (her) eyes closed when he began undressing her’.
Justice Shrihari Davare of the Aurangabad Bench of the HC observed, “In the natural course of events, the victim could have resisted and a scuffle would have taken place between her and Korde. It is curious and surprising to note that no such scuffled occurred. Also, when Korde was undressing her, although her hands and legs were free, she simply lay down with her eyes closed.
“This appears to be an unnatural conduct. The victim would have shouted and obstructed the accused. In view of such infirmities, her testimony comes under the cloud of suspicion.”
As her testimony was ‘uncorroborated’ Justice Davare noted, “Inaction on the victim’s part and Korde’s presence in her house for two hours speaks volumes for themselves.”
Unfortunately, for the victim, even the medical evidence didn’t establish rape. Evidence suggested that she was not a minor as claimed, the HC noted.
19.7.10
A girl being raped would ‘resist fiercely’: HC
High Court sets aside conviction of alleged rapist because teenaged victim testified she lay there with her eyes closed and did not scream for help. Picking flaws in the ‘unnatural conduct’ and testimony of a teenaged girl, the Bombay High Court has set aside the conviction of a man accused of raping her. The HC raised its doubts about the incident because the girl testified that she lay still with her eyes closed, did not scream for help or ‘fiercely resist’ the alleged rapist.
In January, the Ambajogai sessions court convicted Beed’s Ganesh Korde, 25, for rape and sentenced him to seven years imprisonment. The victim – who had claimed to be a minor – was alone at home on June 10, 2006, when Korde barged in, threatened her, undressed her, raped her and fled the scene.
The girl informed her parents when they returned and a complaint of rape was registered against Korde.
During the trial, the girl testified that she did not know Korde but didn’t ask him who he was when he entered the house. She stated that Korde pushed her to the floor and forced himself on her. But there was no scuffle between them, the girl testified, adding that she was ‘lying with (her) eyes closed when he began undressing her’.
Justice Shrihari Davare of the Aurangabad Bench of the HC observed, “In the natural course of events, the victim could have resisted and a scuffle would have taken place between her and Korde. It is curious and surprising to note that no such scuffled occurred. Also, when Korde was undressing her, although her hands and legs were free, she simply lay down with her eyes closed.
“This appears to be an unnatural conduct. The victim would have shouted and obstructed the accused. In view of such infirmities, her testimony comes under the cloud of suspicion.”
As her testimony was ‘uncorroborated’ Justice Davare noted, “Inaction on the victim’s part and Korde’s presence in her house for two hours speaks volumes for themselves.”
Unfortunately, for the victim, even the medical evidence didn’t establish rape. Evidence suggested that she was not a minor as claimed, the HC noted.
July 8, 2010
8.7.10
Hindustan Times
‘Physical relationship based on marriage promise is not rape’
Sexual relationship with a woman after making false promises of marriage does not amount to rape, the Bombay High Court has ruled. While acquitting a 42-year-old man from charge of repeatedly raping a minor girl in 1996, the Nagpur bench of the high court observed: ""
The story of sexual relationship under a mistaken belief and hence a rape, as developed in the process of trial, does not stand in the eye of law."
Sandeep Rathod, a resident of Kolambi village at Yavatmal, was arrested in 1996 for allegedly raping a 16-year-old girl.
The prosecution claimed that Rathod, who used to work at a forest office near the victim’s house, would often would go to over to her place for water.
On November 24, 1996, when the girl's parents and siblings were away, Rathod allegedly came to her house on the pretext of having water and allegedly raped her. He also allegedly threatened her and told her not to inform her parents.
He allegedly promised to marry her and continued to rape her for six months, the prosecution claimed.
When the girl got pregnant, her parents lodged a complaint and the man was arrested.
In 1998, after the sessions court sentenced him to 10 years of rigourous imprisonment, he challenged the sentence in the Bombay High Court.
His advocate, R.P. Joshi, argued: "The case begins with the story of rape, and develops as consented sexual relationship on mistaken belief for promise to marry."
The court observed that there was serious omission of duty on the part of the police if they claimed that the first act of sexual intercourse was forceful. The police had not lodge a complaint accordingly. "The prolonged sexual relationship, therefore, creates a strong doubt about first act too being forcible," observed Justice A.H. Joshi.
Hindustan Times
‘Physical relationship based on marriage promise is not rape’
Sexual relationship with a woman after making false promises of marriage does not amount to rape, the Bombay High Court has ruled. While acquitting a 42-year-old man from charge of repeatedly raping a minor girl in 1996, the Nagpur bench of the high court observed: ""
The story of sexual relationship under a mistaken belief and hence a rape, as developed in the process of trial, does not stand in the eye of law."
Sandeep Rathod, a resident of Kolambi village at Yavatmal, was arrested in 1996 for allegedly raping a 16-year-old girl.
The prosecution claimed that Rathod, who used to work at a forest office near the victim’s house, would often would go to over to her place for water.
On November 24, 1996, when the girl's parents and siblings were away, Rathod allegedly came to her house on the pretext of having water and allegedly raped her. He also allegedly threatened her and told her not to inform her parents.
He allegedly promised to marry her and continued to rape her for six months, the prosecution claimed.
When the girl got pregnant, her parents lodged a complaint and the man was arrested.
In 1998, after the sessions court sentenced him to 10 years of rigourous imprisonment, he challenged the sentence in the Bombay High Court.
His advocate, R.P. Joshi, argued: "The case begins with the story of rape, and develops as consented sexual relationship on mistaken belief for promise to marry."
The court observed that there was serious omission of duty on the part of the police if they claimed that the first act of sexual intercourse was forceful. The police had not lodge a complaint accordingly. "The prolonged sexual relationship, therefore, creates a strong doubt about first act too being forcible," observed Justice A.H. Joshi.
July 7, 2010
7.7.10
DNA
New guidelines for doctors on reporting child abuse
New Delhi: The Indian Academy of Paediatricians (IAP) has formulated new guidelines for pediatricians and other doctors on how to recognise and respond to child abuse, particularly sexual abuse
This has been done to help doctors treat abused children effectively and to keep an eye on suspicious cases.
The guidelines, prepared by IAP in consultation with National Commission for Protection of Child Rights (NCPCR) and Unicef, have been drawn from United Kingdom’s child rights law.
Under new rules, doctors will be required to report all cases of abuse, including suspicious ones, to the police, NGOs and child helplines. Doctors are protected by law in case of erroneous reporting, as long as it is in good faith. But they can be penalised if they fail to report under the proposed Prevention of Offences against Children (POC) law, which includes a two-year jail term.
“There are no uniform guidelines for pediatricians regarding their response to child abuse even though they are often the first contact of a child who has suffered abuse. These guidelines will train them how to document, record and report instances of abuse. The aim is to assist the criminal justice system,” said Mumbai-based Dr Samir Dalwai. He was part of the program which formulated these guidelines.
The basic rules include admission to hospital in cases of serious injuries but a child may be also admitted in case it is felt there is an immediate threat to his safety at home.
Doctors are to watch out for and record nonverbal cues as ‘watchful frozenness’, sad mood, avoidance of eye contact, etc. In case of sexual abuse doctors have to specifically record if there is resistance to examination, dissociation [going to sleep during examination], general demeanour, pallor, bruises, vitamin deficiencies.
In case of sexual abuse, STD screening, including low and high vaginal swabs in post-pubertal girls and urethral swabs in boys is recommended. Serology for HIV, Hepatitis B and syphilis are to be done in cases of acute sexual assault, penetrative abuse, vaginal/ urethral discharge and STD in abuser. Besides, there are contentious issues of giving STD prophylaxis and emergency contraception to an adolescent with acute sexual assault.
In India, results from a government study on child abuseindicated that two out of every three children suffer physical abuse (88.6% by their parents), 53.2% children face one or more forms of sexual abuse, and every second child reported facing emotional abuse. Unfortunately, most children do not report the matter to anyone.
DNA
New guidelines for doctors on reporting child abuse
New Delhi: The Indian Academy of Paediatricians (IAP) has formulated new guidelines for pediatricians and other doctors on how to recognise and respond to child abuse, particularly sexual abuse
This has been done to help doctors treat abused children effectively and to keep an eye on suspicious cases.
The guidelines, prepared by IAP in consultation with National Commission for Protection of Child Rights (NCPCR) and Unicef, have been drawn from United Kingdom’s child rights law.
Under new rules, doctors will be required to report all cases of abuse, including suspicious ones, to the police, NGOs and child helplines. Doctors are protected by law in case of erroneous reporting, as long as it is in good faith. But they can be penalised if they fail to report under the proposed Prevention of Offences against Children (POC) law, which includes a two-year jail term.
“There are no uniform guidelines for pediatricians regarding their response to child abuse even though they are often the first contact of a child who has suffered abuse. These guidelines will train them how to document, record and report instances of abuse. The aim is to assist the criminal justice system,” said Mumbai-based Dr Samir Dalwai. He was part of the program which formulated these guidelines.
The basic rules include admission to hospital in cases of serious injuries but a child may be also admitted in case it is felt there is an immediate threat to his safety at home.
Doctors are to watch out for and record nonverbal cues as ‘watchful frozenness’, sad mood, avoidance of eye contact, etc. In case of sexual abuse doctors have to specifically record if there is resistance to examination, dissociation [going to sleep during examination], general demeanour, pallor, bruises, vitamin deficiencies.
In case of sexual abuse, STD screening, including low and high vaginal swabs in post-pubertal girls and urethral swabs in boys is recommended. Serology for HIV, Hepatitis B and syphilis are to be done in cases of acute sexual assault, penetrative abuse, vaginal/ urethral discharge and STD in abuser. Besides, there are contentious issues of giving STD prophylaxis and emergency contraception to an adolescent with acute sexual assault.
In India, results from a government study on child abuseindicated that two out of every three children suffer physical abuse (88.6% by their parents), 53.2% children face one or more forms of sexual abuse, and every second child reported facing emotional abuse. Unfortunately, most children do not report the matter to anyone.
July 5, 2010
5.7.10
Times of India
Child sex abuse bill in monsoon session
Special Courts Likely To Try Offenders
Chennai: The government is planning to table and pass in the next session of parliament a law to prevent sexual assault of children, Union law minister Veerappa Moily said on Sunday.
On June 30, TOI ran a story about the government planning an exclusive law to protect children from sexual assault and also that a special court will be set up to try such cases.
The Protection of Children From Sexual Assault Bill, 2010, seeks to protect children against offences of sexual assault and harassment more effectively than is possible under the provisions of Indian Penal Code. It will also eliminate ambiguity in defining crimes, make special courts with special powers mandatory for speedy trial, and overrule the need to obtain permission to penalise personnel of armed forces. The special courts will be appointed by the state governments and will have jurisdiction to try cases relating to child pornography.
“We have prepared the second working draft and will table and pass it in the next session of parliament as a separate law is inevitable. The government also hopes that all parties will extend their support in passing the bill,’’ he said. He was taking part in a discussion here on “Law reform and legislation on sexual offences against children’.
He also handed over the second draft of the bill and requested the participants to discuss and suggest changes and additions as early as possible because “we feel that there should be transparency in formulating the law’’.
In 4 years, no case will last over 3 years: Moily
Chennai: Steps are being taken to tone up the justice delivery system so that no litigation lasts beyond three years. And it will take four years for the measures to take effect. Talking to reporters after a meeting chief justices, law ministers and officials from the four southern states here, Union law minister M Veerappa Moily said the hefty grant of Rs 5,000 crore to upgrade infrastructure in the judiciary and steps like advancing the process of filling up posts even before they fall vacant and increasing the use of alternative dispute resolution forums would have the effect of reducing backlog of cases and bringing down litigation time. “In about four years, any litigation, of whatever kind, will not be prolonged beyond three years,’’ the law minister said. TNN
Times of India
Child sex abuse bill in monsoon session
Special Courts Likely To Try Offenders
Chennai: The government is planning to table and pass in the next session of parliament a law to prevent sexual assault of children, Union law minister Veerappa Moily said on Sunday.
On June 30, TOI ran a story about the government planning an exclusive law to protect children from sexual assault and also that a special court will be set up to try such cases.
The Protection of Children From Sexual Assault Bill, 2010, seeks to protect children against offences of sexual assault and harassment more effectively than is possible under the provisions of Indian Penal Code. It will also eliminate ambiguity in defining crimes, make special courts with special powers mandatory for speedy trial, and overrule the need to obtain permission to penalise personnel of armed forces. The special courts will be appointed by the state governments and will have jurisdiction to try cases relating to child pornography.
“We have prepared the second working draft and will table and pass it in the next session of parliament as a separate law is inevitable. The government also hopes that all parties will extend their support in passing the bill,’’ he said. He was taking part in a discussion here on “Law reform and legislation on sexual offences against children’.
He also handed over the second draft of the bill and requested the participants to discuss and suggest changes and additions as early as possible because “we feel that there should be transparency in formulating the law’’.
In 4 years, no case will last over 3 years: Moily
Chennai: Steps are being taken to tone up the justice delivery system so that no litigation lasts beyond three years. And it will take four years for the measures to take effect. Talking to reporters after a meeting chief justices, law ministers and officials from the four southern states here, Union law minister M Veerappa Moily said the hefty grant of Rs 5,000 crore to upgrade infrastructure in the judiciary and steps like advancing the process of filling up posts even before they fall vacant and increasing the use of alternative dispute resolution forums would have the effect of reducing backlog of cases and bringing down litigation time. “In about four years, any litigation, of whatever kind, will not be prolonged beyond three years,’’ the law minister said. TNN
July 3, 2010
2.7.10
Times of India
‘Girl need not testify to nail rapist’
Mumbai: A man can be convicted of rape, even if the victim does not testify in court during the trial, the Bombay High Court has ruled. The court’s ruling came in the infamous case of 2002 when a mentally challenged minor girl was raped by a youth in a Borivli-bound suburban train.
“Non-examination of the girl in the given circumstances will not be fatal for the prosecution case,’’ said Justice J H Bhatia. The judge observed that the victim girl was mentally challenged and was unable to express herself. The victim’s evidence, therefore, was not recorded by the trial court. “In such circumstances, merely because her evidence could not be recorded, the evidence of two eye-witnesses and other circumstantial evidence corroborating them could not be simply brushed aside or thrown away,’’ said the judge while finding Jogeshwari resident Salim Shaikh guilty of the charge of rape.
The court, though, reduced Shaikh’s jail term from 10 years to seven years, after defence advocate Arfan Sait argued that there was no justification to award a more harsh prison term than the minimum prescribed by law. “Merely because the prosecutrix (victim) in this case was mentally retarded cannot be a reason to award the sentence of imprisonment for 10 years,’’ agreed Justice Bhatia. Shaikh who has been in jail since his arrest in August 2002, has been ordered to be released by the court if he has completed his sentence.
The incident, which shocked the city, occurred on August 14, 2002, at around 1.50 am in a Borivli-bound local train. The victim was travelling in the train, when the accused raped her between Malad and Borivli. When other commuters tried to come to the aid of the victim, Shaikh reportedly threatened them and jumped out as soon as the train reached Borivli station. Two of the commuters, who were the prime witnesses in the case, approached the police to register a complaint. Shaikh was nabbed while the victim was sent to a shelter. A medical examination confirmed rape. The trial court sentenced Shaikh to 10 years rigorous imprisonment. He then filed an appeal in the high court.
Advocate Sait, who was appointed from the legal aid panel to represent Shaikh, pointed to drawbacks in the prosecution story. Sait argued that the victim had not been examined to prove the offence of rape. The advocate also raised doubts on the testimony of the witnesses arguing that even though there were number of persons in the bogie in the running train, nobody had intervened. Additional public prosecutor Madhvi Mhatre said the victim was not examined during the trial as she was mentally challenged.
“The evidence of the medical officer, particularly in respect of the girl clearly goes to show that the girl must have been ravished,’’ said the HC. The court further said the witnesses had no reason to falsely implicate the accused. “It is not the case of the accused that these two persons and the accused met earlier or that they had any grudge against him or that they wanted to punish him or take some revenge for some enmity,’’ the court said.
The HC held Shaikh guilty of rape, but agreed with defence advocate Sait that the accused could not have been convicted of outraging modesty of a woman as he had already been charged with a graver crime.
3.7.10
Times of India
Khaps want girls' marriageable age lowered to 15
BHIWANI: Jat Mahasabha wants marriageable age of girls and boys to be lowered to 15 and 17 respectively so that couples don't elope and marry against the wishes of their families.
According to Om Prakash Mann, Haryana president of All India Jat Mahasabha, the demand will be discussed at a sarv khap panchayat on July 17 at Meham Chaubisi Chabutara in Rohtak. The demand was raised at a meeting of khap representatives at Dhanana village.
The panchayat will be attended by representatives of around 600 khaps of all castes and communities, including Jats, Rajputs, Sainis, Gujjars and Dhanaks, Mann claimed.
Khap panchayats had no role in honour killings, Mann said. "By lowering the legal age of marriage, young couples can be prevented from eloping. A girl brings shame to her family when she runs away. Parents kill the guilty children in a fit of rage," he said.
He, however, refused to comment on early marriage posing a hurdle to the education of girls. "I am concerned about young people getting killed by their families. This should be curbed immediatelt," he said.
He is planning a campaign to make the younger generation aware of their customs and traditions. But he was opposed to making a film on khaps.
"Any film showing khaps in a poor light will face violent opposition. The government, too, should not allow this," he said.
3.7.10
Times of India
Premarital sex is fine, say 90% teens
If you are a teenager who’s been abandoned for eight years in boarding school, then return home to an authoritarian father and younger step-brother who doesn’t know about you, are forced to work in your father’s steel factory in Jamshedpur, give up your dream of being a writer and study engineering instead... you are going to be one rebellious teenager indeed!
That is what Anurag Kashyap, Sanjay Singh and UTV Spot Boy’s film Udaan is about. And, in a unique promo to the film which releases on July 16, the producers attempted to study the mind and world of the Indian teenager and provide him/her a platform to be heard. Here’s how...
They conducted a comprehensive online survey that got urban teenagers to reveal crucial information about their lives. Very little data is available on how adolescents are grappling with growing up issues — particularly the more taboo issues of sex, what drives them to try alcohol, smoking, lying or stealing from their parents, etc. The study, targeting internet users between 12 and 19 in Delhi, Mumbai, Ahmedabad, Bengaluru, Chandigarh, Chennai, Hyderabad and Kolkata, ties in well with the ‘growing up pains’ theme of Udaan. It has been uploaded on surveymonkey with links on all major networking sites teenagers populate including the ‘Udaan FB page’.
And here’s a summary of the survey using 1,004 respondents (76% of them boys)... one in three teens is uncomfortable talking to their parents about stress/problems; one in three teens wants to change their study stream; one in 10 teens say they are closest to their dad; one in five teens have smoked before they turned 16; two in five teens have driven a car/bike before they reached 16; 50% of teens have kissed someone of the opposite sex; one in five teens have watched porn before they reached 13; one in two teens have watched porn before they reached 16; one in two kids steal money from their parents; one in five teens have got intimate in the school/college loo; 60% of teens want to choose a career purely of their own design; 90% of teens think premarital sex is fine.
Times of India
‘Girl need not testify to nail rapist’
Mumbai: A man can be convicted of rape, even if the victim does not testify in court during the trial, the Bombay High Court has ruled. The court’s ruling came in the infamous case of 2002 when a mentally challenged minor girl was raped by a youth in a Borivli-bound suburban train.
“Non-examination of the girl in the given circumstances will not be fatal for the prosecution case,’’ said Justice J H Bhatia. The judge observed that the victim girl was mentally challenged and was unable to express herself. The victim’s evidence, therefore, was not recorded by the trial court. “In such circumstances, merely because her evidence could not be recorded, the evidence of two eye-witnesses and other circumstantial evidence corroborating them could not be simply brushed aside or thrown away,’’ said the judge while finding Jogeshwari resident Salim Shaikh guilty of the charge of rape.
The court, though, reduced Shaikh’s jail term from 10 years to seven years, after defence advocate Arfan Sait argued that there was no justification to award a more harsh prison term than the minimum prescribed by law. “Merely because the prosecutrix (victim) in this case was mentally retarded cannot be a reason to award the sentence of imprisonment for 10 years,’’ agreed Justice Bhatia. Shaikh who has been in jail since his arrest in August 2002, has been ordered to be released by the court if he has completed his sentence.
The incident, which shocked the city, occurred on August 14, 2002, at around 1.50 am in a Borivli-bound local train. The victim was travelling in the train, when the accused raped her between Malad and Borivli. When other commuters tried to come to the aid of the victim, Shaikh reportedly threatened them and jumped out as soon as the train reached Borivli station. Two of the commuters, who were the prime witnesses in the case, approached the police to register a complaint. Shaikh was nabbed while the victim was sent to a shelter. A medical examination confirmed rape. The trial court sentenced Shaikh to 10 years rigorous imprisonment. He then filed an appeal in the high court.
Advocate Sait, who was appointed from the legal aid panel to represent Shaikh, pointed to drawbacks in the prosecution story. Sait argued that the victim had not been examined to prove the offence of rape. The advocate also raised doubts on the testimony of the witnesses arguing that even though there were number of persons in the bogie in the running train, nobody had intervened. Additional public prosecutor Madhvi Mhatre said the victim was not examined during the trial as she was mentally challenged.
“The evidence of the medical officer, particularly in respect of the girl clearly goes to show that the girl must have been ravished,’’ said the HC. The court further said the witnesses had no reason to falsely implicate the accused. “It is not the case of the accused that these two persons and the accused met earlier or that they had any grudge against him or that they wanted to punish him or take some revenge for some enmity,’’ the court said.
The HC held Shaikh guilty of rape, but agreed with defence advocate Sait that the accused could not have been convicted of outraging modesty of a woman as he had already been charged with a graver crime.
3.7.10
Times of India
Khaps want girls' marriageable age lowered to 15
BHIWANI: Jat Mahasabha wants marriageable age of girls and boys to be lowered to 15 and 17 respectively so that couples don't elope and marry against the wishes of their families.
According to Om Prakash Mann, Haryana president of All India Jat Mahasabha, the demand will be discussed at a sarv khap panchayat on July 17 at Meham Chaubisi Chabutara in Rohtak. The demand was raised at a meeting of khap representatives at Dhanana village.
The panchayat will be attended by representatives of around 600 khaps of all castes and communities, including Jats, Rajputs, Sainis, Gujjars and Dhanaks, Mann claimed.
Khap panchayats had no role in honour killings, Mann said. "By lowering the legal age of marriage, young couples can be prevented from eloping. A girl brings shame to her family when she runs away. Parents kill the guilty children in a fit of rage," he said.
He, however, refused to comment on early marriage posing a hurdle to the education of girls. "I am concerned about young people getting killed by their families. This should be curbed immediatelt," he said.
He is planning a campaign to make the younger generation aware of their customs and traditions. But he was opposed to making a film on khaps.
"Any film showing khaps in a poor light will face violent opposition. The government, too, should not allow this," he said.
3.7.10
Times of India
Premarital sex is fine, say 90% teens
If you are a teenager who’s been abandoned for eight years in boarding school, then return home to an authoritarian father and younger step-brother who doesn’t know about you, are forced to work in your father’s steel factory in Jamshedpur, give up your dream of being a writer and study engineering instead... you are going to be one rebellious teenager indeed!
That is what Anurag Kashyap, Sanjay Singh and UTV Spot Boy’s film Udaan is about. And, in a unique promo to the film which releases on July 16, the producers attempted to study the mind and world of the Indian teenager and provide him/her a platform to be heard. Here’s how...
They conducted a comprehensive online survey that got urban teenagers to reveal crucial information about their lives. Very little data is available on how adolescents are grappling with growing up issues — particularly the more taboo issues of sex, what drives them to try alcohol, smoking, lying or stealing from their parents, etc. The study, targeting internet users between 12 and 19 in Delhi, Mumbai, Ahmedabad, Bengaluru, Chandigarh, Chennai, Hyderabad and Kolkata, ties in well with the ‘growing up pains’ theme of Udaan. It has been uploaded on surveymonkey with links on all major networking sites teenagers populate including the ‘Udaan FB page’.
And here’s a summary of the survey using 1,004 respondents (76% of them boys)... one in three teens is uncomfortable talking to their parents about stress/problems; one in three teens wants to change their study stream; one in 10 teens say they are closest to their dad; one in five teens have smoked before they turned 16; two in five teens have driven a car/bike before they reached 16; 50% of teens have kissed someone of the opposite sex; one in five teens have watched porn before they reached 13; one in two teens have watched porn before they reached 16; one in two kids steal money from their parents; one in five teens have got intimate in the school/college loo; 60% of teens want to choose a career purely of their own design; 90% of teens think premarital sex is fine.
July 1, 2010
30.6.10
Times of India
Soon, a law just on child sex abuse
So Far, Cases Tried Under IPC Didn’t Consider Victim’s Age, Had Many Grey Areas
Chennai: India will soon have its first law to deal exclusively with child sexual abuse cases. The provisional draft of the Bill, titled ‘Sexual Offences Against Children Bill, 2010’, seeks to substitute the word ‘rape’ with technical terms and cover several forms of abuse of both boys and girls, which now remain grey areas in the absence of a specific legislation. The proposed legislation calls for setting up of special courts, special public prosecutors and child-friendly proceedings.
“We have prepared a provisional draft in consultation with NGOs and experts, which will be forwarded to the ministry of woman and child development for inputs. We have not set a deadline to present the Bill in Parliament but we want to do it at the earliest, given the increasing number of child sexual abuse cases in the country,” law minister Veerappa Moily said.
Calling for special courts and special prosecutors in every district to try such cases, the draft proposes that evidence from the child be recorded within a month of the court taking cognizance and the trial be completed within a year. At present, cases of sexual offences against children are being tried under the Indian Penal Code, which does not always take into consideration the age of the victim. With such offences attracting only such sections that deal with rape, unnatural offences and outraging the modesty of a woman, many sexual offences against children, especially those against boys, were not getting a focussed trial, it was felt.
The draft proposes to prosecute child sex offenders mainly under five heads—penetrative sexual assault, aggravated penetrative sexual assault, sexual assault, aggravated sexual assault and sexual harassment. While penetrative sexual assault covers all kinds of penetration using body parts or objects, the other acts come under sexual assault. Sexual harassment covers abuse of a child using gestures and spoken words. The term ‘aggravated’ is prefixed to offences when the perpetrator is a person who wields power by virtue of being in a position of authority or trust or when the victim has a mental or physical disability. It recommends punishments ranging from three years in jail for ‘sexual harassment’ to life imprisonment for ‘aggravated sexual assault.’ The courts for offences against children would also hear cases as defined under the IT Act, which includes abuse through Net and child pornography.
HAPPY FEAT
The Sexual Offences Against Children Bill, 2010, will substitute rape with technical terms and cover several forms of abuse for both boys and girls
Draft proposes proof from child be recorded within a month of the court taking cognizance and trial conducted within a year
Call for setting up special courts, special public prosecutors and child-friendly trials
Times of India
Soon, a law just on child sex abuse
So Far, Cases Tried Under IPC Didn’t Consider Victim’s Age, Had Many Grey Areas
Chennai: India will soon have its first law to deal exclusively with child sexual abuse cases. The provisional draft of the Bill, titled ‘Sexual Offences Against Children Bill, 2010’, seeks to substitute the word ‘rape’ with technical terms and cover several forms of abuse of both boys and girls, which now remain grey areas in the absence of a specific legislation. The proposed legislation calls for setting up of special courts, special public prosecutors and child-friendly proceedings.
“We have prepared a provisional draft in consultation with NGOs and experts, which will be forwarded to the ministry of woman and child development for inputs. We have not set a deadline to present the Bill in Parliament but we want to do it at the earliest, given the increasing number of child sexual abuse cases in the country,” law minister Veerappa Moily said.
Calling for special courts and special prosecutors in every district to try such cases, the draft proposes that evidence from the child be recorded within a month of the court taking cognizance and the trial be completed within a year. At present, cases of sexual offences against children are being tried under the Indian Penal Code, which does not always take into consideration the age of the victim. With such offences attracting only such sections that deal with rape, unnatural offences and outraging the modesty of a woman, many sexual offences against children, especially those against boys, were not getting a focussed trial, it was felt.
The draft proposes to prosecute child sex offenders mainly under five heads—penetrative sexual assault, aggravated penetrative sexual assault, sexual assault, aggravated sexual assault and sexual harassment. While penetrative sexual assault covers all kinds of penetration using body parts or objects, the other acts come under sexual assault. Sexual harassment covers abuse of a child using gestures and spoken words. The term ‘aggravated’ is prefixed to offences when the perpetrator is a person who wields power by virtue of being in a position of authority or trust or when the victim has a mental or physical disability. It recommends punishments ranging from three years in jail for ‘sexual harassment’ to life imprisonment for ‘aggravated sexual assault.’ The courts for offences against children would also hear cases as defined under the IT Act, which includes abuse through Net and child pornography.
HAPPY FEAT
The Sexual Offences Against Children Bill, 2010, will substitute rape with technical terms and cover several forms of abuse for both boys and girls
Draft proposes proof from child be recorded within a month of the court taking cognizance and trial conducted within a year
Call for setting up special courts, special public prosecutors and child-friendly trials
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