25.6.10
Times of India
Teachers tread warily around sexual harassment incidents
MUMBAI: Sexual harassment is one of those prickly subjects that never makes it to the school curriculum. And when instances of harassment or abuse do occur at schools or colleges, most institutions sweep the matter under the carpet for fear of damaging their reputation. In several cases in the past, when girls have been molested by school staff, peons, etc, management often chose to hush up the matter or not take the complaints seriously.
The principal of a suburban school, which ultimately sacked a bus driver for sexually harassing a kindergarten student a year ago, told TOI that the child in question may not have got the facts right and may have imagined the incident. Another suburban school successfully hushed up a similar incident by threatening parents with dire consequences if they spoke to the press.
When a teenager from a popular Churchgate college was dragged out of the college premises and forced into a taxi by a spurned suitor, the lady principal of the college was far more upset about the newspaper coverage that the incident received than the fact that one of her students was in danger of being raped. And though the girl was rescued by a passerby, neither her parents nor the college were particularly interested in following the case to its logical conclusion, or getting the boy arrested.
“I think it’s important for principals to understand that the damage done to their reputation is not a patch on the trauma that victims of harassment face,’’ said social psychologist Chandni Parekh, who has developed modules on sexual harassment that she has conducted in schools and colleges. “I know of a number of instances where parents accompany children for gymnastics classes and swimming lessons, to ensure that the child is not harassed by the instructor,’’ she said, adding that many school counsellors may not be not equipped to deal with cases of trauma and sexual abuse.
June 26, 2010
June 24, 2010
DNA
24.6.10
Centre moves to protect children from cruelty
New Delhi: The Union government is in the process of bringing about a comprehensive law to prevent all forms of cruelty to children.If the proposed law goes to its intended end, acts like kissing a child on the lips, fondling his or her private parts and inflicting physical penalty on him or her in the name of disciplining would attract imprisonment of 10-14 years.
The proposed law also seeks tough punishment in the cases of harmful traditions that endanger the life or limb of a child and neglect of a child by parents or guardians.
The draft of the special law — prevention of offences against the child bill - has been piloted by the ministry of women and child development (WCD) and is pending with the law and justice ministry for fine-tuning. It is understood that given the sensitivity involved in the legislation, the proposed law is being handled directly by solicitor general of India Gopal Subramaniam.
The major reform in the proposed legislation includes raising the age of consent from 16 to 18 years. Which means having sexual relationship with a child below 18 years will amount to rape.
Criminal responsibility of a child, which begins after seven years of age at present, is being increased to 12 years. This means no offence committed by a child below 12 years will be considered an offence and he/she would be presumed innocent. The proposed law also seeks to raise the age of ‘immaturity’ — the age at which he is unable to understand the consequences of his action - to 15 years. The present age is below 12 years under the Indian Penal Code (IPC), section 83.
The proposed law recommends a jail term up to three years and a fine of up to Rs25,000 for corporal punishment. The definition of corporal punishment now includes violence, cruelty and inhuman or degrading treatment by any person, including a child’s family members, school, relatives, friends, prisons and juvenile homes. IPC sections 232, 324, 325, 326, 341 and 342 will be applicable under such circumstances.
To prevent the growing trend of “child goddesses”, the proposed law bans dedicating a child to the service of any deity, idol, object of worship, temple or any other religious institution. The offence can attract rigorous punishment up to 14 years and fine up to Rs10 lakh. It also bans child beggars or forcing children to seek alms.
“Though a few offences are covered under various sections in the Indian Penal Code, it is mainly in a disjointed manner. We are bringing a comprehensive legislation which will cover all sorts of offences against the child,” said WCD minister Krishna Tirath. The minister is keen to table the bill in the monsoon session of the parliament.
Stressing on child-related jurisprudence and reforms in existing laws to protect children, chairperson of the National Commission for Protection of Child Rights (NCPCR) Shantha Sinha emphasised on fast-tracking cases involving children and handling these in a more sensitive way.
“There is need for adequate penal provisions for restitution, reparation and rehabilitation of a child for its life with dignity,” the NCPCR chairperson said.
WCD ministry officials said there is a lot of duplication and overlapping in the existing laws. The proposed law would be more comprehensive and being a special law will prevail over any other existing law coming in conflict with it.
24.6.10
Centre moves to protect children from cruelty
New Delhi: The Union government is in the process of bringing about a comprehensive law to prevent all forms of cruelty to children.If the proposed law goes to its intended end, acts like kissing a child on the lips, fondling his or her private parts and inflicting physical penalty on him or her in the name of disciplining would attract imprisonment of 10-14 years.
The proposed law also seeks tough punishment in the cases of harmful traditions that endanger the life or limb of a child and neglect of a child by parents or guardians.
The draft of the special law — prevention of offences against the child bill - has been piloted by the ministry of women and child development (WCD) and is pending with the law and justice ministry for fine-tuning. It is understood that given the sensitivity involved in the legislation, the proposed law is being handled directly by solicitor general of India Gopal Subramaniam.
The major reform in the proposed legislation includes raising the age of consent from 16 to 18 years. Which means having sexual relationship with a child below 18 years will amount to rape.
Criminal responsibility of a child, which begins after seven years of age at present, is being increased to 12 years. This means no offence committed by a child below 12 years will be considered an offence and he/she would be presumed innocent. The proposed law also seeks to raise the age of ‘immaturity’ — the age at which he is unable to understand the consequences of his action - to 15 years. The present age is below 12 years under the Indian Penal Code (IPC), section 83.
The proposed law recommends a jail term up to three years and a fine of up to Rs25,000 for corporal punishment. The definition of corporal punishment now includes violence, cruelty and inhuman or degrading treatment by any person, including a child’s family members, school, relatives, friends, prisons and juvenile homes. IPC sections 232, 324, 325, 326, 341 and 342 will be applicable under such circumstances.
To prevent the growing trend of “child goddesses”, the proposed law bans dedicating a child to the service of any deity, idol, object of worship, temple or any other religious institution. The offence can attract rigorous punishment up to 14 years and fine up to Rs10 lakh. It also bans child beggars or forcing children to seek alms.
“Though a few offences are covered under various sections in the Indian Penal Code, it is mainly in a disjointed manner. We are bringing a comprehensive legislation which will cover all sorts of offences against the child,” said WCD minister Krishna Tirath. The minister is keen to table the bill in the monsoon session of the parliament.
Stressing on child-related jurisprudence and reforms in existing laws to protect children, chairperson of the National Commission for Protection of Child Rights (NCPCR) Shantha Sinha emphasised on fast-tracking cases involving children and handling these in a more sensitive way.
“There is need for adequate penal provisions for restitution, reparation and rehabilitation of a child for its life with dignity,” the NCPCR chairperson said.
WCD ministry officials said there is a lot of duplication and overlapping in the existing laws. The proposed law would be more comprehensive and being a special law will prevail over any other existing law coming in conflict with it.
June 21, 2010
14.6.10
Times of India
Girls hitting puberty before 10,says study
Growing numbers of girls are reaching puberty before the age of 10,raising fears of increased sexual activity among a new generation of children.
Scientists believe the phenomenon could be linked to obesity or exposure to chemicals in the food chain,and is putting girls at greater longterm risk of breast cancer.
A study conducted by researchers at University Hospital in Copenhagen has revealed that breast development in a sample of 1,000 girls started at an average age of 9 years and 10 months an entire year earlier than when a similar cohort was examined in 1991.
Hitting puberty early can mean longer exposure to oestrogen,which is a factor in breast cancer.There is also a greater risk of heart disease.
A number of artificially produced chemicals have been blamed for interfering with sexual development,notably bisphenol A,a plastic found in the lining of tin cans and babies feeding bottles.Another factor in puberty could be diet.Kids are eating more than previous generations and growing bigger many are turning obese.
13.6.10
Puberty for girls begins at 9 now
London, June 13 : A large number of girls are now reaching puberty before the age of 10, say scientists who believe the phenomenon could be linked to obesity or exposure to chemicals in the food chain.
A study has revealed that breast development in a sample of 1,000 girls started at an average age of nine years and 10 months - an entire year earlier than when a similar cohort was examined in 1991.
The research was conducted in Denmark in 2006, the latest year for which figures were available, but experts say the trend applies to Britain and other parts of Europe.
Data from America also point to the earlier onset of puberty.
The scientists have warned that such young girls are ill-equipped to cope with sexual development when they are still at primary school, and they could be at a greater long-term risk of developing breast cancer.
"We were very surprised that there had been such a change in a period of just 15 years," The Times quoted Anders Juul, head of the Department of Growth and Reproduction at the University hospital in Copenhagen, a world leader in the study of hormones and growth, as saying.
"If girls mature early, they run into teenage problems at an early age and they're more prone to diseases later on. We should be worried about this regardless of what we think the underlying reasons might be. It's a clear sign that something is affecting our children, whether it's junk food, environmental chemicals or lack of physical activity," Juul added.
18.6.10
Times of India
Sex education can start at age 5: UK watchdog
LONDON: Sex education should be taught to children from the age of five to give them the skills and confidence to delay sexual intimacy until they are ready, a British health watchdog said on Thursday.
Inadequate sex education at a young age is widely seen as contributing to Britain’s steep rate of teenage conception, still amongst the highest in Europe despite a 13% fall over the past decade.
The latest guidance from the National Institute for Health and Clinical Excellence (NICE) is in draft form and will not be compulsory, but the agency said it expected local authorities and others to follow it.
NICE said school governors should ensure education about sex and relationships and alcohol starts in primary school, which British children attend from the age of five. “Topics should be introduced and covered in a way that is appropriate to the maturity of pupils,” it said.
Times of India
Girls hitting puberty before 10,says study
Growing numbers of girls are reaching puberty before the age of 10,raising fears of increased sexual activity among a new generation of children.
Scientists believe the phenomenon could be linked to obesity or exposure to chemicals in the food chain,and is putting girls at greater longterm risk of breast cancer.
A study conducted by researchers at University Hospital in Copenhagen has revealed that breast development in a sample of 1,000 girls started at an average age of 9 years and 10 months an entire year earlier than when a similar cohort was examined in 1991.
Hitting puberty early can mean longer exposure to oestrogen,which is a factor in breast cancer.There is also a greater risk of heart disease.
A number of artificially produced chemicals have been blamed for interfering with sexual development,notably bisphenol A,a plastic found in the lining of tin cans and babies feeding bottles.Another factor in puberty could be diet.Kids are eating more than previous generations and growing bigger many are turning obese.
13.6.10
Puberty for girls begins at 9 now
London, June 13 : A large number of girls are now reaching puberty before the age of 10, say scientists who believe the phenomenon could be linked to obesity or exposure to chemicals in the food chain.
A study has revealed that breast development in a sample of 1,000 girls started at an average age of nine years and 10 months - an entire year earlier than when a similar cohort was examined in 1991.
The research was conducted in Denmark in 2006, the latest year for which figures were available, but experts say the trend applies to Britain and other parts of Europe.
Data from America also point to the earlier onset of puberty.
The scientists have warned that such young girls are ill-equipped to cope with sexual development when they are still at primary school, and they could be at a greater long-term risk of developing breast cancer.
"We were very surprised that there had been such a change in a period of just 15 years," The Times quoted Anders Juul, head of the Department of Growth and Reproduction at the University hospital in Copenhagen, a world leader in the study of hormones and growth, as saying.
"If girls mature early, they run into teenage problems at an early age and they're more prone to diseases later on. We should be worried about this regardless of what we think the underlying reasons might be. It's a clear sign that something is affecting our children, whether it's junk food, environmental chemicals or lack of physical activity," Juul added.
18.6.10
Times of India
Sex education can start at age 5: UK watchdog
LONDON: Sex education should be taught to children from the age of five to give them the skills and confidence to delay sexual intimacy until they are ready, a British health watchdog said on Thursday.
Inadequate sex education at a young age is widely seen as contributing to Britain’s steep rate of teenage conception, still amongst the highest in Europe despite a 13% fall over the past decade.
The latest guidance from the National Institute for Health and Clinical Excellence (NICE) is in draft form and will not be compulsory, but the agency said it expected local authorities and others to follow it.
NICE said school governors should ensure education about sex and relationships and alcohol starts in primary school, which British children attend from the age of five. “Topics should be introduced and covered in a way that is appropriate to the maturity of pupils,” it said.
June 6, 2010
3.6.10
Times of India
Anti-grooming’ software will catch online paedophiles
LONDON: Scientists have developed “anti-grooming” software, which can detect whether kids may be chatting with an adult posing as a child or a teenager on the internet.
The program, which has been developed by Lancaster University, uses language analysis technique to detect fraudsters. The key is that people of a particular age group have a particular vocabulary. Computer experts believe it could be a significant breakthrough in helping to catch paedophiles.
Researchers believe the software could eventually be used to pick up on “stylistic footprints” used by paedophiles, which would help police track them as they move around the internet.
In a study, when the software was installed on some computers, it correctly worked out whether it was an adult or a child using a chatroom in 47 cases out of 50 — including when an adult was pretending to be a child.
“Paedophiles often pose as children online and our research indicates that children don’t find it easy to spot an adult pretending to be a child,” the Independent quoted professor Awais Rashid, from Lancaster University’s computing department, as saying.
“We hope to develop a system which can pick up on quirks of language particular to a certain age group. These language patterns can help us expose adults who seek to groom children online.
“The software looks at a range of things, for example, the structure of sentences, the language which is being used and also things which indicate deception.”
It is hoped that an early working version of the software could be available by next summer.
4.6.10
Times of India
HCs often lax in convicting accused’
Apex Court Finds 2,280 Cases Of Rape, Murder Stayed By HCs
New Delhi: Ever wondered why so many accused in heinous crimes — murder, rape, kidnapping and dacoity — roam around for years before the law catches up with them?
This question bothered the Supreme Court a lot and it found that the High Courts were mainly responsible for such a sorry state of affairs. For, they have stayed the proceedings in these cases and forgotten all about them for years
As many as 2,280 cases relating to murder, rape, kidnapping and dacoity have been stayed by HCs at various — FIR, investigation, framing of charges and trial — stages and then left in the limbo, possibly allowing the accused to remain at large on bail. A Bench comprising Justices G S Singhvi and A K Ganguly sought assistance from Solicitor General Gopal Subramaniam for collating data on cases relating to the four categories of heinous crimes which have been stayed by HCs after it found an identical situation pointed out in a petition filed by Imtiaz Ahmed, where the Allahabad HC had stayed a criminal case since April 2003.
The efforts by the SG to collate such cases threw up startling facts:
Murder cases stayed at various stages by HCs were 1,021 (45% of the total cases), rape cases 492, kidnapping cases 550 and dacoity 217
As many as 41% of the 2,280 cases were pending for 2-6 years and 8% for more than 8 years. Of a total of 178 cases pending for more than 6 years, 97 were murder cases
Calcutta High Court appears to be the most liberal when it came to staying cases relating to heinous crimes accounting for 31% of the 2,280 cases. Allahabad High Court was not far behind having stayed 29% of the cases
In most of the cases across the HCs, the duration for which the case is pending varied from 1 to 4 years. It is seen that 34 out of 201 cases in Patna HC and 33 out of 653 cases in Allahabad HC were pending for more than 8 years After perusing the enormity of the situation and having regard to the case in hand that related to Allahabad HC, the Bench headed by Justice Singhvi requested the counsel for the High Court to furnish data about the number of cases which have been stayed at the stage of investigation or trial and listed the matter for further hearing on July 9.The report was submitted to the court by Subramaniam, who took assistance of Dr Pronab Sen and Dr G S Manna, secretary and deputy director in the ministry of statistics and programme implementation, in studying the data supplied by various HCs. The SG, in the concluding part of the report, said “the factfinding exercise by the Supreme Court has revealed a problem of serious dimension” and suggested that the apex court would be well within its jurisdiction to direct the HCs to dispose of the matter within a year from the date of grant of stay in cases relating to heinous crimes.
4.6.10
DNA
Imported rapists turn New Delhi into danger zone
New Delhi: That Delhi is the nation’s rape capital is well-known. What is not known is that a major chunk of criminals which has made it earn the dubious reputation are “outsiders”.
These are fly-by-night migrant labourers, mostly school dropouts aged 17-23 years, who come to the capital in search of work and disappear after 5-6 months.
According to a recent assessment by the Delhi Police crime branch, of the 185 rapes registered in the capital till May 15 this year, the accused in 52% cases were school dropouts.
“In most cases, the accused are dropouts who left school between the 6th and 8th grades,” a senior police officer said.
Over 84% of the rapes were recorded at 85 police stations, exactly 50% of the total number of police stations in Delhi.
“The people living in most of these areas [in northeast, south and northwest Delhi] belong to economically weak sections of society.
They are part of the migrating population that comes in search of work and leaves after a few months,” the officer said.
“These areas are semi-urban colonies that are densely populated. They have a huge number of clusters of one-room accommodations. The people living in these colonies are mainly daily wage workers,” he said.
The police assessment also revealed that in more than 96% of cases, the accused were known to victims. “There are cases where cousins or other family members assaulted girls,” the officer said.
“Though we have solved most cases, sometimes it is difficult to trace accused because they leave for their villages after committing crimes in the city,” he said.
Times of India
Anti-grooming’ software will catch online paedophiles
LONDON: Scientists have developed “anti-grooming” software, which can detect whether kids may be chatting with an adult posing as a child or a teenager on the internet.
The program, which has been developed by Lancaster University, uses language analysis technique to detect fraudsters. The key is that people of a particular age group have a particular vocabulary. Computer experts believe it could be a significant breakthrough in helping to catch paedophiles.
Researchers believe the software could eventually be used to pick up on “stylistic footprints” used by paedophiles, which would help police track them as they move around the internet.
In a study, when the software was installed on some computers, it correctly worked out whether it was an adult or a child using a chatroom in 47 cases out of 50 — including when an adult was pretending to be a child.
“Paedophiles often pose as children online and our research indicates that children don’t find it easy to spot an adult pretending to be a child,” the Independent quoted professor Awais Rashid, from Lancaster University’s computing department, as saying.
“We hope to develop a system which can pick up on quirks of language particular to a certain age group. These language patterns can help us expose adults who seek to groom children online.
“The software looks at a range of things, for example, the structure of sentences, the language which is being used and also things which indicate deception.”
It is hoped that an early working version of the software could be available by next summer.
4.6.10
Times of India
HCs often lax in convicting accused’
Apex Court Finds 2,280 Cases Of Rape, Murder Stayed By HCs
New Delhi: Ever wondered why so many accused in heinous crimes — murder, rape, kidnapping and dacoity — roam around for years before the law catches up with them?
This question bothered the Supreme Court a lot and it found that the High Courts were mainly responsible for such a sorry state of affairs. For, they have stayed the proceedings in these cases and forgotten all about them for years
As many as 2,280 cases relating to murder, rape, kidnapping and dacoity have been stayed by HCs at various — FIR, investigation, framing of charges and trial — stages and then left in the limbo, possibly allowing the accused to remain at large on bail. A Bench comprising Justices G S Singhvi and A K Ganguly sought assistance from Solicitor General Gopal Subramaniam for collating data on cases relating to the four categories of heinous crimes which have been stayed by HCs after it found an identical situation pointed out in a petition filed by Imtiaz Ahmed, where the Allahabad HC had stayed a criminal case since April 2003.
The efforts by the SG to collate such cases threw up startling facts:
Murder cases stayed at various stages by HCs were 1,021 (45% of the total cases), rape cases 492, kidnapping cases 550 and dacoity 217
As many as 41% of the 2,280 cases were pending for 2-6 years and 8% for more than 8 years. Of a total of 178 cases pending for more than 6 years, 97 were murder cases
Calcutta High Court appears to be the most liberal when it came to staying cases relating to heinous crimes accounting for 31% of the 2,280 cases. Allahabad High Court was not far behind having stayed 29% of the cases
In most of the cases across the HCs, the duration for which the case is pending varied from 1 to 4 years. It is seen that 34 out of 201 cases in Patna HC and 33 out of 653 cases in Allahabad HC were pending for more than 8 years After perusing the enormity of the situation and having regard to the case in hand that related to Allahabad HC, the Bench headed by Justice Singhvi requested the counsel for the High Court to furnish data about the number of cases which have been stayed at the stage of investigation or trial and listed the matter for further hearing on July 9.The report was submitted to the court by Subramaniam, who took assistance of Dr Pronab Sen and Dr G S Manna, secretary and deputy director in the ministry of statistics and programme implementation, in studying the data supplied by various HCs. The SG, in the concluding part of the report, said “the factfinding exercise by the Supreme Court has revealed a problem of serious dimension” and suggested that the apex court would be well within its jurisdiction to direct the HCs to dispose of the matter within a year from the date of grant of stay in cases relating to heinous crimes.
4.6.10
DNA
Imported rapists turn New Delhi into danger zone
New Delhi: That Delhi is the nation’s rape capital is well-known. What is not known is that a major chunk of criminals which has made it earn the dubious reputation are “outsiders”.
These are fly-by-night migrant labourers, mostly school dropouts aged 17-23 years, who come to the capital in search of work and disappear after 5-6 months.
According to a recent assessment by the Delhi Police crime branch, of the 185 rapes registered in the capital till May 15 this year, the accused in 52% cases were school dropouts.
“In most cases, the accused are dropouts who left school between the 6th and 8th grades,” a senior police officer said.
Over 84% of the rapes were recorded at 85 police stations, exactly 50% of the total number of police stations in Delhi.
“The people living in most of these areas [in northeast, south and northwest Delhi] belong to economically weak sections of society.
They are part of the migrating population that comes in search of work and leaves after a few months,” the officer said.
“These areas are semi-urban colonies that are densely populated. They have a huge number of clusters of one-room accommodations. The people living in these colonies are mainly daily wage workers,” he said.
The police assessment also revealed that in more than 96% of cases, the accused were known to victims. “There are cases where cousins or other family members assaulted girls,” the officer said.
“Though we have solved most cases, sometimes it is difficult to trace accused because they leave for their villages after committing crimes in the city,” he said.
May 25, 2010
12.5.10
Yahoo news
Women panel cautions girls against boyfriends Bhubaneswar: With rising cases of young girls being exploited by their friends who record their intimate moments, the State Commission for Women (SCW) in Orissa has asked all college-goers to be "very careful" about their boyfriends.
"This is a serious matter and a new trend in Orissa. We will sensitise girls through a state-wide campaign," SCW Chairperson Jyoti Panigrahi told reporters.
The matter relating to circulation of pornographic CDs involving college girls came to light after a 22-year-old girl committed suicide last year in Cuttack. She found her nude pictures in a CD allegedly made by her friend who had captured some of their intimate moments.
He was later arrested by police. Three more girls fell victim to the porn CD racket in Dhenkanal district last month. In all the cases, the boys allegedly took nude pictures of the girls after winning their confidence, Panigrahi said.
Besides porn CD cases in Cuttack and Dhenkanal, a similar incident came to light in Balangir district also. One of the girls in Dhenkanal recently attempted to commit suicide after finding her nude pictures in a CD available in the local market, she said.
14.5.10
Times of India
Wives gain courage in fight against abuse More Women Are Daring To File
Police Complaints About Cruelty And Threats To Their Life Due To Dowry Harassment
Mumbai: It appears the long and silently suffering Indian woman is finally taking the first steps to fight for herself.Undettered by what social activists term as laborious procedures at police stations,Maharashtras women are increasingly taking their dowry-demanding husbands to the police.
From 2006 to 2008,more than 30% more women from Maharashtra complained to the police about their husbands attempts to murder them for dowry.While 168 complaints were made in 2006,140 were made in 2008.
Separately,as against the 6,738 women who went to police stations in 2006 to complain about cruelty by husbands and relatives,14% more women did so in 2008.
According to the state economic survey,an increasing number of cases are being filed under the anti-Dowry Act and the Protection of Women from Domestic Violence (PWDV) Act.Since 2006,around 24,044 cases have been filed for dowry harassment and 2,731 cases under the PWDV Act.The majority of cases registered under the anti-Dowry Act relate to harassment by husband and relatives.
Activists see the trend as an assertion of rights by women and an effort to seek timely help.Violence in society is increasing,especially violence against women.The declining sex ratio shows the devaluation and commodification of women.But there is also increasing awareness and women are coming forward to seek help, said Sonia Gill of the All India Democratic Womens Association.
In a country where women have traditionally suffered silently rather than tarnish the family honour and cause suffering to their children,it is noteworthy that a majority of women who file complaints come from humble educational backgrounds,said Gill.
Womens organisations across the country maintain that it is very difficult for an ordinary woman to access the police station and courts.It has been our experience that the police do not accept complaints by a woman without mediation, said Gill.This means an NGO representative or a social worker should accompany the woman to the police station when she files a complaint.Moreover,the police do not register an FIR under Indian Penal Code 498-A (cruelty by husband or relatives) unless there is a pattern established by a number of preceding non-cognisable complaints filed by the woman.This is the standard operating procedure followed by the police in all cases of dowry harassment.
The police do not take domestic violence seriously and prefer to give the man a dressing down and send the couple back.So it is heartening that despite the difficulties,women a re s e e k i n g help to get out of violent situations, said Gill.
Even filing a case under the PWDV Act is an onerous task as there are not enough Protection Officers (PO) appointed.The POs,who hold administrative charge as well,are overburdened and do not have time for the women, added Gill.
Lawyer Vivekanand Gupta said the PWDV Act is a beautiful piece of legislation.It needs to be widely publicised,as any womanwhether a mother or someone living incan seek help.The act provides for a PO at every police station,but the state is yet to implement it, he said.H a r i s h S a d a n i,founder member,Men Against Violence and Abuse,said there is a need to change the mindset of men.The Indian woman has become assertive and this is heartening.But the mans psyche also needs to be changed, he said.Meanwhile,the laws are only marginally misused against men,claim activists.No scientific study has been done to ascertain if these laws are being misused.If they are,it is very marginal, said Arokya Swamy,of the Indian Institute of Population Sciences.
14.5.10
Times of India
40% of states young brides are below 18
Mumbai: It is ironic that in Maharashtra,where social reformers such as Mahatma Jyotiba Phule introduced the concept of womens rights over a century back,a huge number of women continue to get married before they turn 18.
According to the third District Level Household and Facility Survey,carried out in 2007-08,40.4% of women aged 20 to 24 had married before the age of 18.This disturbing statistic is in the Economic Survey of Maharashtra,which was presented to the state legislature during the recently concluded budget session.
The National Family Health Survey-3 also shows that the overall percentage of early marriages in Maharashtra is around 40% and in rural areas is as high as 52%.
The reasons are cultural, said Arokya Swamy,of the Indian Institute of Population Sciences.Swamy said that even boys are married off at an early age.Often,the boys are married off at ages 21 to 23 and families seek brides who are at least four to five years younger.So you have more women getting married before the legal age of 18, he said.
A direct and negative correlation is observed between education and early marriage.In Maharashtra,the enrollment in schools for both boys and girls in the 6-to-10 age bracket is 91%.This slips to 86% for boys and 80% for girls in the 11-to-14 bracket and dives to 53% for boys and 42% for girls in the 15-to-17 bracket.Barring a few states,only one-third of the girls who enroll in school make it to standards X to XII across the country,added Swamy.
Girls are not encouraged to study because then one would have to find a groom who is better qualified and has better job prospects,which would be a difficult task.Then,the marriage expenditure and dowry expectations would also be higher, he remarked.
Leena Joshi,director of Apnalaya,an NGO that works for slum children,said a declining marriage age is a growing trend both among the middle and poorer classes.Parents fear that if their daughter gets older she may marry someone of her choice and then,if the marriage doesnt work out,they will be burdened with looking after her.Secondly,they fear for the girls physical security, said Joshi.
The only positive thing about the middle class,she said,is that the in-laws tend to support the girls decision to study further and pursue a career.
15.5.10
DNA
Japanese government blocks a ban on child pornography
The Japanese government has blocked legal efforts to clamp down on child pornography, with the country becoming the world's "kiddie porn superpower," according to a pressure group.
The ruling Democratic Party of Japan has refused to support legislation that would outlaw the possession of child pornography on the grounds that it would infringe individuals' freedom of expression – although there has been a stepped-up police campaign against people that sell sexual images of children.
The National Police Agency said it received 4,486 complaints from the public of child pornography on the internet in 2009 and a record 650 people were charged with offences related to child pornography. Campaigners believe that represents the tip of the iceberg.
The DPJ opposed the bill and instead called for the definition of child pornography to be narrowed down, while acquisition for money and multiple acquisitions would be made illegal.
"We consider child pornography to be the worst of all evils and we find it hard to understand how images of naked children tied up with ropes can be considered acceptable,"
"The only people who will be pleased at the failure to pass this legislation are paedophiles."
17.5.10
Times of India
Rapists pay for victims’ rehab Goa Govt Implements SC Judgment On Sexual Abuse Compensation Scheme
Panaji: Prema (name changed) was 15 when she was sexually assaulted by a man in 2008. Two years after her ordeal, the illiterate girl from a poor family of labourers lives with her mother, afraid to venture out alone.
Shanti (name changed) is another illiterate girl from a poor labour class family who was sexually assaulted in 2001 when she was a minor. She too has been living indoors, fearful of visitors, too scared to trust anybody.
For the first time, the state has come to their rescue by sanctioning funds for their rehabilitation under the victim compensation scheme. A committee comprising the district magistrate, superintendent of police and superintendent of Aguada central jail has sanctioned Rs 50,000 to each of the victims and will place the money in a bank in fixed deposit for five years in favour of the girls.
The money for the compensation will come from the wages of the girls’ attackers. Prema’s attacker Mahesh Kagi is at present serving a sentence of 10 years’ rigorous imprisonment in Central jail, Aguada, while Shanti’s rapist Siddappa Jamuni is undergoing seven years’ RI.
The victim compensation scheme is the result of a landmark Supreme Court judgment of 1998 wherein the apex court directed that wages earned by the prisoners be deducted and paid as compensation to deserving victims of the crime through a common fund to be created for the purpose. The Goa committee has taken the help of the NGO, Prison Ministry under Sister Jane, to place the two girls at a welfare home where they will be educated and receive vocational training.
North Goa district magistrate Mihir Vardhan said, “The interest accruing on a quarterly basis will be used for their education and other expenditure. After five years, on becoming majors, the girls may take a decision about how to use the money. The committee will continue to monitor the progress of the two victims and if necessary, may think of further ways of providing support.’’
It is in compliance with this SC directive that the Goa (prisoners’ victim or his family of offence) Compensation Rules, 2005 came into existence.
15.5.10
Hindustan Times
What are condoms, pills?
If you believe that today’s youngsters are well-informed and don’t need sex education, consider this: More than 40 per cent of unmarried women (age 15 to 24) in Maharashtra don’t know about condoms and 72 per cent are clueless about emergency contraceptive pills, a survey has found.
On an average, 30 per cent of unmarried Indian women don’t know about condoms, the survey revealed.
While the lack of awareness may not have been a concern two decades ago, it spells trouble considering past studies have established that Indians are becoming sexually active at a younger age. The survey — the third District Level Household Survey (DLHS) — was commissioned by the Union Health Ministry to assess the current state of reproductive, maternal and child health across the country.
In Maharashtra, more than 37,600 households were surveyed between May and October 2008. A detailed report will be published soon.
Researchers found that while more than 75 per cent of women (married and unmarried) in the state knew about HIV/AIDS, nearly 73 per cent women had not even heard of other sexually transmitted infections (STIs).
Mumbai women were as ignorant — 70 per cent of them had not heard of STIs and barely 37 per cent knew that consistent use of condoms could protect one against HIV.
Worse, 18.7 per cent of married women in the state had symptoms of the infections. And, awareness levels were higher at the time of the second DLHS in 2002-4 when only 62.5 per cent women had not heard of STIs.
“The findings show that government programmes have succeeded in creating awareness about HIV/AIDS but not about other risks of irresponsible sexual behaviour,” said Dr Balram Paswan from the International Institute for Population Sciences, which conducted the survey.
22.5.10
Times of India
SEXUAL ASSAULT laws are archaic : Lawyer
Amendments A Must To Protect Women From Range Of Abuse,Says Activist
Mumbai: The draft bill for amendments to laws on rape and sexual assault mainly replaces the term rape with sexual assault in Section 375 of the Indian Penal Code (IPC).This means that the current penalty for rapeseven yearswould apply to a broader category of sexual offences.
The Union home ministry had invited comments from the general public on the draft bill till May 15.
Bringing sexual assault and rape under a single umbrella,the draft bill describes sexual assault as an act in which a man penetrates the vagina,anus,urethra or mouth of a woman with any part of his body or any object manipulated by him.The draft bill excludes penetrations by objects carried out for hygienic or medical reasons.
Lawyer and activist Flavia Agnes told TOI that such changes are needed because current sexual assault laws are archaic.She said several forms of sexual assault go unpunished.They will essentially help the police to act against those crimes in which a woman may not have been raped,but was subjected to sexual assault nevertheless, she said.
However,reactions from men sent to the home ministry have ranged from apprehensions that such laws could be used to extort money to outright panic that the doors would be thrown open for false cases that destroy reputations.
Writing to the Union home ministry,a group going by the name All India Forgotten Womens Association (AIFWA) said that even under current laws there were several cases in which successful businessmen,fashion designers,film producers,publishers,and many other simple,honest,decent men were among those who were threatened and falsely charged with rape. AIFWA said that the new law would make matters worse as it would not distinguish between violent rape and molestation.
Rajesh Kumar,a Delhi-based lawyer and mens rights activist,posted a copy of the bill for discussion on the internet and said it had elements which made it patently anti-men.Kumar worried that the nuances of the law could be used to file false cases against men even if a sexual relationship was consensual. He also said that the law was gender discriminatory as it recognised only sexual assault of women by men and not the other way around.
If the age of consent is raised,then any sexual act with a woman under 18 years of age would also be automatically regarded as a sexual assault,irrespective of whether she gave her consent or not.
Mumbai-based criminal lawyer Mubin Solkar told TOI, The proposed definition of sexual assault is too vague and thus open to misuse. For instance,even a man putting his tongue in a woman’s mouth could attract seven years in jail.
AIFWA,which sent a letter dated April 30 to the ministry, and later posted the contents of the letter on the internet, said that if the government enacts such a law it should also enact stringent clauses to punish women who file false cases. Accused men are subjected to humiliation, mental harassment and the trauma of lengthy trials before they are pronounced not guilty, AIFWA said. It demanded that standards of proof be made more stringent before the police file sexual assault cases.
The new offence of sexual assault would also be non-bailable,which means a man would face arrest the moment a case is lodged by the police. He would then have to approach a court for bail and could spend days in jail before his plea is taken up. Presently,sexual assault cases are bailable when dealt with under molestation laws.
Legally Speaking
Existing law |
The crime specified in Section 375 of the IPC is for rape,which is forced penetrative sexual intercourse between a man and woman
Draft bill |
The crime specified in section 375 is for sexual assault,in which a man penetrates the mouth,vagina,anus or urethra of a woman with any part of his body,or with an object (except for hygienic or medical purposes)
Existing |
Jail for rape is 7 years to life.Jail for sexual assault can be up to 2 years
Draft |
Jail for rape and sexual assault would be 7 years to life.Crimes by those in authority,like policeman,would get 10 years to life
Existing |
Age of consent 16
Draft |
Age of consent 18
No change | Certain aspects of the law wont change. For example,the factors that make a sexual act criminal.This includes an act done against a womans will,by putting in her the fear of death,while she is intoxicated and so on
Point-Counterpoint
Broad law needed
The current rape laws are archaic and amendments are a must.There are forms of penetrative sexual assaultlike when a man uses his fingers or an objectwhich go unpunished
Flavia Agnes | LAWYER AND ACTIVIST
Precise definitions needed
A more precise definition in the law would be better so that actual cases of sexual assault are punished and chances of harassment of innocent people are reduced
Mubin Solkar | CRIMINAL LAWYER
Changes would also help fight child sexual abuse
Amendments to the rape and sexual assault laws would not just help in cases involving adults,but also in cases involving the sexual abuse of children,say activists.
The weakness of the existing sexual assault laws were exposed most severely in cases involving child sexual abuse,where minors were sexually abused by adults who stopped just short of raping them.The new definition could change all that, said Flavia Agnes,an advocate and womens rights activist.
Broadening the law would help to fight evils like child sexual abuse, Agnes said.The proposal to raise the age of consent from 16 to 18 would also bring more child sexual abuse cases under the ambit of the law.In such instances,even if a girl below 18 has given her consent,the man can be prosecuted for sexual assault.
The amendments,contained in the draft bill prepared by a highpowered committee set up by the Union government,could forever change the manner in which the courts and police deal with cases of sexual assault.
The current definition of rape,as given under the Indian Penal Code (IPC),has often been criticised as being too weak and not in keeping with the times.Thus,the 19thcentury law looks at only forced sexual intercourse between a man and a woman as a crime.Other forms of predatory sexual assault,remained unaddressed or the culprits got away lightly by arguing that it was just molestation.
If the proposed amendments to the law are passed by Parliament,then experts say rape laws in India would be up-to-date.Thus,even in a situation where a man forces an object such as a pen into the mouth of a woman,he could suffer a harsh jail term.This is something that we have been demanding since the 1980s, Agnes said.
It has also been proposed that complaints by women be recorded as far as possible by women police officers.This is an attempt to sensitise the process of lodging FIRs by victims of sexual abuse,who often find it difficult to narrate their plight to a man.
There are,however,certain problems being pointed out in the proposed amendments.The changes are not gender neutral,defining sexual assault only as a crime by a man against a woman.Mens organisations have demanded that provisions of the law take care of those situations where a man is a victim of sexual abuse and harassment.
24.5.10
Times of India
Age of consent anomaly prompted rape law rejig
New Delhi: An illiterate,poor fathers petition in the Delhi high court has forced the Union government to agree to bring wide-ranging reforms in rape laws that will treat sex with any women less than 18 years of age as rape.
Mahadev,whose daughter was allegedly kidnapped and forcibly married only to become a pregnant underaged teen,had in his petition filed two years ago exposed the conflicting provisions in the IPC and the Prevention of Child Marriage Act that led to serious anomalies.Over two years,a special bench grappled with Mahadevs arguments made through his lawyer Arvind Jain and questioned the Centre,demanding to know why there were conflicting provisions in law that in effect encouraged child marriages.
The HC had also roped in bodies like the Law Commission and Womens Commission to brainstorm and find a solution.All this while Mahadevs pregnant daughter continued to languish in Nari Niketan because her husband was behind bars and the custody couldnt be given to the father.
Left with little room to manoeuvre,the government decided to amend the IPC and the CrPC to remove discrepancies that allow different penal yardsticks for age of consent (16),marriageable age (18) and exception to cohabit with wife (12-16 years).A draft bill submitted before the special bench on Friday by the government promises to keep 18 years as the uniform age for marriage and consent,abolishing all exceptions.In other words,sex with a girl less than 18 years will amount to rape and no discount can be given to a male who has a minor wife.Currently,marital rape of a minor has lesser punishment.
The draft bill also does away with an exception under section 198 of the CrPC that prohibited a court from taking cognizance of a rape complaint by a minor wife if lodged one year after the incident.
In his petition,Mahadev had urged the HC to strike down the sub-sections of Section 375 and 376,which do not consider rape of a woman by her husband as a crime.He had also challenged Section 6 (C) of the Hindu Minority and Guardian Act and Section 198(6) of the CrPC stating they were unconstitutional and in violation of his and his daughters fundamental rights.
RIGHTING THE WRONG
Discrepancies
The IPC and the CrPC allow different penal yardsticks for age of consent (16),marriageable age (18) and exception to cohabit with wife (12-16 years)
How the anomaly came to light
Mahadev,whose daughter was allegedly kidnapped and forcibly married only to become a pregnant teen,had in his petition before the Delhi high court filed two years ago exposed the conflicting provisions in the IPC and the Prevention of Child Marriage Act.A special bench took up the issue and asked the Centre why there were conflicting provisions in laws that,in turn,encouraged child marriages
Changes in the draft bill
A draft bill submitted before the special bench on Friday by the govt promises to keep 18 years as the uniform age for marriage and consent,abolishing all exceptions.In other words,sex with a girl less than 18 years will amount to rape and no discount can be given to a male who has a minor wife.Currently,marital rape of a minor has lesser punishment
Yahoo news
Women panel cautions girls against boyfriends Bhubaneswar: With rising cases of young girls being exploited by their friends who record their intimate moments, the State Commission for Women (SCW) in Orissa has asked all college-goers to be "very careful" about their boyfriends.
"This is a serious matter and a new trend in Orissa. We will sensitise girls through a state-wide campaign," SCW Chairperson Jyoti Panigrahi told reporters.
The matter relating to circulation of pornographic CDs involving college girls came to light after a 22-year-old girl committed suicide last year in Cuttack. She found her nude pictures in a CD allegedly made by her friend who had captured some of their intimate moments.
He was later arrested by police. Three more girls fell victim to the porn CD racket in Dhenkanal district last month. In all the cases, the boys allegedly took nude pictures of the girls after winning their confidence, Panigrahi said.
Besides porn CD cases in Cuttack and Dhenkanal, a similar incident came to light in Balangir district also. One of the girls in Dhenkanal recently attempted to commit suicide after finding her nude pictures in a CD available in the local market, she said.
14.5.10
Times of India
Wives gain courage in fight against abuse More Women Are Daring To File
Police Complaints About Cruelty And Threats To Their Life Due To Dowry Harassment
Mumbai: It appears the long and silently suffering Indian woman is finally taking the first steps to fight for herself.Undettered by what social activists term as laborious procedures at police stations,Maharashtras women are increasingly taking their dowry-demanding husbands to the police.
From 2006 to 2008,more than 30% more women from Maharashtra complained to the police about their husbands attempts to murder them for dowry.While 168 complaints were made in 2006,140 were made in 2008.
Separately,as against the 6,738 women who went to police stations in 2006 to complain about cruelty by husbands and relatives,14% more women did so in 2008.
According to the state economic survey,an increasing number of cases are being filed under the anti-Dowry Act and the Protection of Women from Domestic Violence (PWDV) Act.Since 2006,around 24,044 cases have been filed for dowry harassment and 2,731 cases under the PWDV Act.The majority of cases registered under the anti-Dowry Act relate to harassment by husband and relatives.
Activists see the trend as an assertion of rights by women and an effort to seek timely help.Violence in society is increasing,especially violence against women.The declining sex ratio shows the devaluation and commodification of women.But there is also increasing awareness and women are coming forward to seek help, said Sonia Gill of the All India Democratic Womens Association.
In a country where women have traditionally suffered silently rather than tarnish the family honour and cause suffering to their children,it is noteworthy that a majority of women who file complaints come from humble educational backgrounds,said Gill.
Womens organisations across the country maintain that it is very difficult for an ordinary woman to access the police station and courts.It has been our experience that the police do not accept complaints by a woman without mediation, said Gill.This means an NGO representative or a social worker should accompany the woman to the police station when she files a complaint.Moreover,the police do not register an FIR under Indian Penal Code 498-A (cruelty by husband or relatives) unless there is a pattern established by a number of preceding non-cognisable complaints filed by the woman.This is the standard operating procedure followed by the police in all cases of dowry harassment.
The police do not take domestic violence seriously and prefer to give the man a dressing down and send the couple back.So it is heartening that despite the difficulties,women a re s e e k i n g help to get out of violent situations, said Gill.
Even filing a case under the PWDV Act is an onerous task as there are not enough Protection Officers (PO) appointed.The POs,who hold administrative charge as well,are overburdened and do not have time for the women, added Gill.
Lawyer Vivekanand Gupta said the PWDV Act is a beautiful piece of legislation.It needs to be widely publicised,as any womanwhether a mother or someone living incan seek help.The act provides for a PO at every police station,but the state is yet to implement it, he said.H a r i s h S a d a n i,founder member,Men Against Violence and Abuse,said there is a need to change the mindset of men.The Indian woman has become assertive and this is heartening.But the mans psyche also needs to be changed, he said.Meanwhile,the laws are only marginally misused against men,claim activists.No scientific study has been done to ascertain if these laws are being misused.If they are,it is very marginal, said Arokya Swamy,of the Indian Institute of Population Sciences.
14.5.10
Times of India
40% of states young brides are below 18
Mumbai: It is ironic that in Maharashtra,where social reformers such as Mahatma Jyotiba Phule introduced the concept of womens rights over a century back,a huge number of women continue to get married before they turn 18.
According to the third District Level Household and Facility Survey,carried out in 2007-08,40.4% of women aged 20 to 24 had married before the age of 18.This disturbing statistic is in the Economic Survey of Maharashtra,which was presented to the state legislature during the recently concluded budget session.
The National Family Health Survey-3 also shows that the overall percentage of early marriages in Maharashtra is around 40% and in rural areas is as high as 52%.
The reasons are cultural, said Arokya Swamy,of the Indian Institute of Population Sciences.Swamy said that even boys are married off at an early age.Often,the boys are married off at ages 21 to 23 and families seek brides who are at least four to five years younger.So you have more women getting married before the legal age of 18, he said.
A direct and negative correlation is observed between education and early marriage.In Maharashtra,the enrollment in schools for both boys and girls in the 6-to-10 age bracket is 91%.This slips to 86% for boys and 80% for girls in the 11-to-14 bracket and dives to 53% for boys and 42% for girls in the 15-to-17 bracket.Barring a few states,only one-third of the girls who enroll in school make it to standards X to XII across the country,added Swamy.
Girls are not encouraged to study because then one would have to find a groom who is better qualified and has better job prospects,which would be a difficult task.Then,the marriage expenditure and dowry expectations would also be higher, he remarked.
Leena Joshi,director of Apnalaya,an NGO that works for slum children,said a declining marriage age is a growing trend both among the middle and poorer classes.Parents fear that if their daughter gets older she may marry someone of her choice and then,if the marriage doesnt work out,they will be burdened with looking after her.Secondly,they fear for the girls physical security, said Joshi.
The only positive thing about the middle class,she said,is that the in-laws tend to support the girls decision to study further and pursue a career.
15.5.10
DNA
Japanese government blocks a ban on child pornography
The Japanese government has blocked legal efforts to clamp down on child pornography, with the country becoming the world's "kiddie porn superpower," according to a pressure group.
The ruling Democratic Party of Japan has refused to support legislation that would outlaw the possession of child pornography on the grounds that it would infringe individuals' freedom of expression – although there has been a stepped-up police campaign against people that sell sexual images of children.
The National Police Agency said it received 4,486 complaints from the public of child pornography on the internet in 2009 and a record 650 people were charged with offences related to child pornography. Campaigners believe that represents the tip of the iceberg.
The DPJ opposed the bill and instead called for the definition of child pornography to be narrowed down, while acquisition for money and multiple acquisitions would be made illegal.
"We consider child pornography to be the worst of all evils and we find it hard to understand how images of naked children tied up with ropes can be considered acceptable,"
"The only people who will be pleased at the failure to pass this legislation are paedophiles."
17.5.10
Times of India
Rapists pay for victims’ rehab Goa Govt Implements SC Judgment On Sexual Abuse Compensation Scheme
Panaji: Prema (name changed) was 15 when she was sexually assaulted by a man in 2008. Two years after her ordeal, the illiterate girl from a poor family of labourers lives with her mother, afraid to venture out alone.
Shanti (name changed) is another illiterate girl from a poor labour class family who was sexually assaulted in 2001 when she was a minor. She too has been living indoors, fearful of visitors, too scared to trust anybody.
For the first time, the state has come to their rescue by sanctioning funds for their rehabilitation under the victim compensation scheme. A committee comprising the district magistrate, superintendent of police and superintendent of Aguada central jail has sanctioned Rs 50,000 to each of the victims and will place the money in a bank in fixed deposit for five years in favour of the girls.
The money for the compensation will come from the wages of the girls’ attackers. Prema’s attacker Mahesh Kagi is at present serving a sentence of 10 years’ rigorous imprisonment in Central jail, Aguada, while Shanti’s rapist Siddappa Jamuni is undergoing seven years’ RI.
The victim compensation scheme is the result of a landmark Supreme Court judgment of 1998 wherein the apex court directed that wages earned by the prisoners be deducted and paid as compensation to deserving victims of the crime through a common fund to be created for the purpose. The Goa committee has taken the help of the NGO, Prison Ministry under Sister Jane, to place the two girls at a welfare home where they will be educated and receive vocational training.
North Goa district magistrate Mihir Vardhan said, “The interest accruing on a quarterly basis will be used for their education and other expenditure. After five years, on becoming majors, the girls may take a decision about how to use the money. The committee will continue to monitor the progress of the two victims and if necessary, may think of further ways of providing support.’’
It is in compliance with this SC directive that the Goa (prisoners’ victim or his family of offence) Compensation Rules, 2005 came into existence.
15.5.10
Hindustan Times
What are condoms, pills?
If you believe that today’s youngsters are well-informed and don’t need sex education, consider this: More than 40 per cent of unmarried women (age 15 to 24) in Maharashtra don’t know about condoms and 72 per cent are clueless about emergency contraceptive pills, a survey has found.
On an average, 30 per cent of unmarried Indian women don’t know about condoms, the survey revealed.
While the lack of awareness may not have been a concern two decades ago, it spells trouble considering past studies have established that Indians are becoming sexually active at a younger age. The survey — the third District Level Household Survey (DLHS) — was commissioned by the Union Health Ministry to assess the current state of reproductive, maternal and child health across the country.
In Maharashtra, more than 37,600 households were surveyed between May and October 2008. A detailed report will be published soon.
Researchers found that while more than 75 per cent of women (married and unmarried) in the state knew about HIV/AIDS, nearly 73 per cent women had not even heard of other sexually transmitted infections (STIs).
Mumbai women were as ignorant — 70 per cent of them had not heard of STIs and barely 37 per cent knew that consistent use of condoms could protect one against HIV.
Worse, 18.7 per cent of married women in the state had symptoms of the infections. And, awareness levels were higher at the time of the second DLHS in 2002-4 when only 62.5 per cent women had not heard of STIs.
“The findings show that government programmes have succeeded in creating awareness about HIV/AIDS but not about other risks of irresponsible sexual behaviour,” said Dr Balram Paswan from the International Institute for Population Sciences, which conducted the survey.
22.5.10
Times of India
SEXUAL ASSAULT laws are archaic : Lawyer
Amendments A Must To Protect Women From Range Of Abuse,Says Activist
Mumbai: The draft bill for amendments to laws on rape and sexual assault mainly replaces the term rape with sexual assault in Section 375 of the Indian Penal Code (IPC).This means that the current penalty for rapeseven yearswould apply to a broader category of sexual offences.
The Union home ministry had invited comments from the general public on the draft bill till May 15.
Bringing sexual assault and rape under a single umbrella,the draft bill describes sexual assault as an act in which a man penetrates the vagina,anus,urethra or mouth of a woman with any part of his body or any object manipulated by him.The draft bill excludes penetrations by objects carried out for hygienic or medical reasons.
Lawyer and activist Flavia Agnes told TOI that such changes are needed because current sexual assault laws are archaic.She said several forms of sexual assault go unpunished.They will essentially help the police to act against those crimes in which a woman may not have been raped,but was subjected to sexual assault nevertheless, she said.
However,reactions from men sent to the home ministry have ranged from apprehensions that such laws could be used to extort money to outright panic that the doors would be thrown open for false cases that destroy reputations.
Writing to the Union home ministry,a group going by the name All India Forgotten Womens Association (AIFWA) said that even under current laws there were several cases in which successful businessmen,fashion designers,film producers,publishers,and many other simple,honest,decent men were among those who were threatened and falsely charged with rape. AIFWA said that the new law would make matters worse as it would not distinguish between violent rape and molestation.
Rajesh Kumar,a Delhi-based lawyer and mens rights activist,posted a copy of the bill for discussion on the internet and said it had elements which made it patently anti-men.Kumar worried that the nuances of the law could be used to file false cases against men even if a sexual relationship was consensual. He also said that the law was gender discriminatory as it recognised only sexual assault of women by men and not the other way around.
If the age of consent is raised,then any sexual act with a woman under 18 years of age would also be automatically regarded as a sexual assault,irrespective of whether she gave her consent or not.
Mumbai-based criminal lawyer Mubin Solkar told TOI, The proposed definition of sexual assault is too vague and thus open to misuse. For instance,even a man putting his tongue in a woman’s mouth could attract seven years in jail.
AIFWA,which sent a letter dated April 30 to the ministry, and later posted the contents of the letter on the internet, said that if the government enacts such a law it should also enact stringent clauses to punish women who file false cases. Accused men are subjected to humiliation, mental harassment and the trauma of lengthy trials before they are pronounced not guilty, AIFWA said. It demanded that standards of proof be made more stringent before the police file sexual assault cases.
The new offence of sexual assault would also be non-bailable,which means a man would face arrest the moment a case is lodged by the police. He would then have to approach a court for bail and could spend days in jail before his plea is taken up. Presently,sexual assault cases are bailable when dealt with under molestation laws.
Legally Speaking
Existing law |
The crime specified in Section 375 of the IPC is for rape,which is forced penetrative sexual intercourse between a man and woman
Draft bill |
The crime specified in section 375 is for sexual assault,in which a man penetrates the mouth,vagina,anus or urethra of a woman with any part of his body,or with an object (except for hygienic or medical purposes)
Existing |
Jail for rape is 7 years to life.Jail for sexual assault can be up to 2 years
Draft |
Jail for rape and sexual assault would be 7 years to life.Crimes by those in authority,like policeman,would get 10 years to life
Existing |
Age of consent 16
Draft |
Age of consent 18
No change | Certain aspects of the law wont change. For example,the factors that make a sexual act criminal.This includes an act done against a womans will,by putting in her the fear of death,while she is intoxicated and so on
Point-Counterpoint
Broad law needed
The current rape laws are archaic and amendments are a must.There are forms of penetrative sexual assaultlike when a man uses his fingers or an objectwhich go unpunished
Flavia Agnes | LAWYER AND ACTIVIST
Precise definitions needed
A more precise definition in the law would be better so that actual cases of sexual assault are punished and chances of harassment of innocent people are reduced
Mubin Solkar | CRIMINAL LAWYER
Changes would also help fight child sexual abuse
Amendments to the rape and sexual assault laws would not just help in cases involving adults,but also in cases involving the sexual abuse of children,say activists.
The weakness of the existing sexual assault laws were exposed most severely in cases involving child sexual abuse,where minors were sexually abused by adults who stopped just short of raping them.The new definition could change all that, said Flavia Agnes,an advocate and womens rights activist.
Broadening the law would help to fight evils like child sexual abuse, Agnes said.The proposal to raise the age of consent from 16 to 18 would also bring more child sexual abuse cases under the ambit of the law.In such instances,even if a girl below 18 has given her consent,the man can be prosecuted for sexual assault.
The amendments,contained in the draft bill prepared by a highpowered committee set up by the Union government,could forever change the manner in which the courts and police deal with cases of sexual assault.
The current definition of rape,as given under the Indian Penal Code (IPC),has often been criticised as being too weak and not in keeping with the times.Thus,the 19thcentury law looks at only forced sexual intercourse between a man and a woman as a crime.Other forms of predatory sexual assault,remained unaddressed or the culprits got away lightly by arguing that it was just molestation.
If the proposed amendments to the law are passed by Parliament,then experts say rape laws in India would be up-to-date.Thus,even in a situation where a man forces an object such as a pen into the mouth of a woman,he could suffer a harsh jail term.This is something that we have been demanding since the 1980s, Agnes said.
It has also been proposed that complaints by women be recorded as far as possible by women police officers.This is an attempt to sensitise the process of lodging FIRs by victims of sexual abuse,who often find it difficult to narrate their plight to a man.
There are,however,certain problems being pointed out in the proposed amendments.The changes are not gender neutral,defining sexual assault only as a crime by a man against a woman.Mens organisations have demanded that provisions of the law take care of those situations where a man is a victim of sexual abuse and harassment.
24.5.10
Times of India
Age of consent anomaly prompted rape law rejig
New Delhi: An illiterate,poor fathers petition in the Delhi high court has forced the Union government to agree to bring wide-ranging reforms in rape laws that will treat sex with any women less than 18 years of age as rape.
Mahadev,whose daughter was allegedly kidnapped and forcibly married only to become a pregnant underaged teen,had in his petition filed two years ago exposed the conflicting provisions in the IPC and the Prevention of Child Marriage Act that led to serious anomalies.Over two years,a special bench grappled with Mahadevs arguments made through his lawyer Arvind Jain and questioned the Centre,demanding to know why there were conflicting provisions in law that in effect encouraged child marriages.
The HC had also roped in bodies like the Law Commission and Womens Commission to brainstorm and find a solution.All this while Mahadevs pregnant daughter continued to languish in Nari Niketan because her husband was behind bars and the custody couldnt be given to the father.
Left with little room to manoeuvre,the government decided to amend the IPC and the CrPC to remove discrepancies that allow different penal yardsticks for age of consent (16),marriageable age (18) and exception to cohabit with wife (12-16 years).A draft bill submitted before the special bench on Friday by the government promises to keep 18 years as the uniform age for marriage and consent,abolishing all exceptions.In other words,sex with a girl less than 18 years will amount to rape and no discount can be given to a male who has a minor wife.Currently,marital rape of a minor has lesser punishment.
The draft bill also does away with an exception under section 198 of the CrPC that prohibited a court from taking cognizance of a rape complaint by a minor wife if lodged one year after the incident.
In his petition,Mahadev had urged the HC to strike down the sub-sections of Section 375 and 376,which do not consider rape of a woman by her husband as a crime.He had also challenged Section 6 (C) of the Hindu Minority and Guardian Act and Section 198(6) of the CrPC stating they were unconstitutional and in violation of his and his daughters fundamental rights.
RIGHTING THE WRONG
Discrepancies
The IPC and the CrPC allow different penal yardsticks for age of consent (16),marriageable age (18) and exception to cohabit with wife (12-16 years)
How the anomaly came to light
Mahadev,whose daughter was allegedly kidnapped and forcibly married only to become a pregnant teen,had in his petition before the Delhi high court filed two years ago exposed the conflicting provisions in the IPC and the Prevention of Child Marriage Act.A special bench took up the issue and asked the Centre why there were conflicting provisions in laws that,in turn,encouraged child marriages
Changes in the draft bill
A draft bill submitted before the special bench on Friday by the govt promises to keep 18 years as the uniform age for marriage and consent,abolishing all exceptions.In other words,sex with a girl less than 18 years will amount to rape and no discount can be given to a male who has a minor wife.Currently,marital rape of a minor has lesser punishment
May 12, 2010
11.5.10
Times of India
SILENT VICTIMS need legal voice
Though A New Bill Targets All Crimes Against Children, Experts Say A Law Dedicated Specifically To Child Sexual Abuse Is The Need Of The Hour
Disturbing reports of child sexual abuse (CSA) have become alarmingly frequent.
According to home ministry data, Maharashtra was third in a nationwide list of sexual crimes against children in 2008. The state recorded 690 cases of child rape. In contrast, only 37 individuals were convicted.
A major reason lawmakers, academicians and activists cited for the low conviction rate is the absence of a law specifically dedicated to reining in child sexual abuse. Currently, a draft of the Prevention of Offences Against the Child Bill 2009, drawn up by the National Commission for Protection of Child Rights, is being debated. The bill targets all forms of violations against children, like trafficking, physical violence, child labour, use of children in armed conflict and sexual abuse. But observers said that while a comprehensive law is needed in the long term, a legislation that targets CSA in particular should be an urgent and immediate priority.
Asha Bajpai, professor at the Tata Institute of Social Sciences’ Centre for Socio Legal Studies and Human Rights, was one of the academicians invited to review the bill in January. “We found that this was a bill for all offences together—child labour, corporal punishment, sexual abuse, physical abuse,’’ Bajpai said. “One suggestion we can give is that there should be a specific law for child sexual abuse. All the child laws need to be looked at, but that is a long-term thing. The immediate need is for a law against CSA.’’
LEGAL LOOPHOLES
Bajpai pointed out that sex offenders often get away
with light punishments or acquittals by exploiting loopholes in existing laws. These could be plugged with a specific law.
At present, three provisions of the Indian Penal Code are usually applied to CSA cases.
• Section 354 criminalises outraging the modesty of a woman and gives a maximum sentence of two years;
• Section 375 punishes rape and carries a minimum prison term of ten years;
• and Section 377 criminalises sodomy and has a minimum penalty of ten years.
Much of the sexual abuse against children does not fit into Section 375, while Section 354 is too mild, said Bajpai. And none of the laws, except for 377, can be used in cases where boys are abused.
Lawyer Yug Chaudhry said offenders are acquitted or get minor penalties every day as many offences are simply not covered by the statutes. “The law trivialises offences as the title of the IPC section may not explain the actual act,’’ he said. For example, in the case of minor boys, forcible oral sex is tried under Section 377. “The courts have been forced to do this,’’ Chaudhry said.
In the new bill, the definition of child includes individuals who are up to 18 years and the definition of sexual assault has also been broadened. Whereas Section 375 limits rape to penetration, the bill introduces sexual assault, which includes manipulation of a child’s body, fellatio, cunnilingus and analingus.
The bill also talks of unlawful sexual contact, such as fondling and kissing a child on the lips, and non-contact offences, like exposing genitalia, masturbating before a child, showing pornography, exposing the child to sexual contact between two people and using sexually explicit language. However Bajpai believes that the bill should be more nuanced and have harsher punishments. The definition of pornography needs to be also included, she said. “Incest needs to be specifically int ro d u c e d . There’s also no provision for violating a child’s privacy. Suppose somebody watches a child undress?’’ she asked.
TRYING TIME
Apart from the laws themselves, Chaudhry said there’s a need to change the way in which children are exposed to trials. The manner in which a trial is usually conducted often doesn’t inspire victims to volunteer evidence, he said. One suggestion Bajpai made recently in Chennai, where the new bill was debated, involved introducing a child-witness protection programme, like there are in the UK and US. They offer legal assistance to the child, explain intimidating court proceedings in a child-friendly manner and also offer security.
Lawyer Flavia Agnes agreed. “How do you put a child in a witness box? What is the criteria of crossexamination?’’ she asked.
MAKE KIDS AWARE
While a law could help secure more convictions, it’s debatable how far it would help tackle an essentially social problem. After all, countries with the most evolved laws have high CSA rates.
Pooja Taparia, founder of the NGO Arpan, said we must train children to spot CSA. “If you make children aware, they become their biggest protectors,’’ she said. “Only putting offenders behind bars is not a long-term solution.’’
Arpan has been running an awareness programme in two schools in Borivili and Malad. Students are taught to distinguish between appropriate and inappropriate behaviour, to report unpleasant behaviour and so on. The kids are also taught about the UN Convention on the Rights of the Child.
Getting kids to report abuse is a major challenge. That’s a reason why the number of actual cases is higher than official figures. Often family members are unsympathetic, embarrassed or disbelieve the kids. As a result, kids suffer silently for years. Bajpai said that one way to get adults to report CSA is to make it legally mandatory.
In the 2009-10 academic year, Arpan found that of 394 schoolchildren, 12% had experienced inappropriate behaviour or touching and 2% had been sexually abused. Taparia said that often the perpetrator is known to the child. She also noticed a rising number of cases involving boys.
Harish Iyer, a counsellor and blogger who was sexually abused as a child, said, “The bill is another thing. We need to start with awareness. Sex education is not pornography. How will a child tell his parents he has been touched inappropriately if that environment to talk doesn’t exist? We need to break the silence.’’
GLOBE-WATCH
Laws in other countries:
United States |
The federal Child Abuse Prevention and Treatment Act prescribes minimum rules that states have to follow in their respective laws. The statutes cover a range of offences, from rape to sexual exploitation, which involves permitting child abuse. Texas has some of the toughest penalties, including lifers for some repeat offenders and voluntary castration
United Kingdom |
The Sexual Offences Act punishes the rape of minors, which attracts a lifer, and other forms of exploitation. Contact is not necessary. A person can face ten years for performing a sexual act before a child
Thailand |
The country has tough laws as sex trafficking is a major problem. Individuals convicted of rape or molestation of a child under 15 years face seven to 20 years in jail. Anyone who has sex with a child aged 15 to 18 faces a fine and one to three years. Traffickers face up to 20 years
Recent incidents (2010)
April 28:
A minor escapes after she is kidnapped and molested on the terrace of the railway police quarters in Kurla
March 8:
A nine-year-old girl is raped and murdered and her body is dumped on the terrace of the police quarters in the same suburb
February 5:
The body of a fiveyear-old girl is found in a gunny bag dumped on the staircase of an under construction SRA building in Kurla
Times of India
SILENT VICTIMS need legal voice
Though A New Bill Targets All Crimes Against Children, Experts Say A Law Dedicated Specifically To Child Sexual Abuse Is The Need Of The Hour
Disturbing reports of child sexual abuse (CSA) have become alarmingly frequent.
According to home ministry data, Maharashtra was third in a nationwide list of sexual crimes against children in 2008. The state recorded 690 cases of child rape. In contrast, only 37 individuals were convicted.
A major reason lawmakers, academicians and activists cited for the low conviction rate is the absence of a law specifically dedicated to reining in child sexual abuse. Currently, a draft of the Prevention of Offences Against the Child Bill 2009, drawn up by the National Commission for Protection of Child Rights, is being debated. The bill targets all forms of violations against children, like trafficking, physical violence, child labour, use of children in armed conflict and sexual abuse. But observers said that while a comprehensive law is needed in the long term, a legislation that targets CSA in particular should be an urgent and immediate priority.
Asha Bajpai, professor at the Tata Institute of Social Sciences’ Centre for Socio Legal Studies and Human Rights, was one of the academicians invited to review the bill in January. “We found that this was a bill for all offences together—child labour, corporal punishment, sexual abuse, physical abuse,’’ Bajpai said. “One suggestion we can give is that there should be a specific law for child sexual abuse. All the child laws need to be looked at, but that is a long-term thing. The immediate need is for a law against CSA.’’
LEGAL LOOPHOLES
Bajpai pointed out that sex offenders often get away
with light punishments or acquittals by exploiting loopholes in existing laws. These could be plugged with a specific law.
At present, three provisions of the Indian Penal Code are usually applied to CSA cases.
• Section 354 criminalises outraging the modesty of a woman and gives a maximum sentence of two years;
• Section 375 punishes rape and carries a minimum prison term of ten years;
• and Section 377 criminalises sodomy and has a minimum penalty of ten years.
Much of the sexual abuse against children does not fit into Section 375, while Section 354 is too mild, said Bajpai. And none of the laws, except for 377, can be used in cases where boys are abused.
Lawyer Yug Chaudhry said offenders are acquitted or get minor penalties every day as many offences are simply not covered by the statutes. “The law trivialises offences as the title of the IPC section may not explain the actual act,’’ he said. For example, in the case of minor boys, forcible oral sex is tried under Section 377. “The courts have been forced to do this,’’ Chaudhry said.
In the new bill, the definition of child includes individuals who are up to 18 years and the definition of sexual assault has also been broadened. Whereas Section 375 limits rape to penetration, the bill introduces sexual assault, which includes manipulation of a child’s body, fellatio, cunnilingus and analingus.
The bill also talks of unlawful sexual contact, such as fondling and kissing a child on the lips, and non-contact offences, like exposing genitalia, masturbating before a child, showing pornography, exposing the child to sexual contact between two people and using sexually explicit language. However Bajpai believes that the bill should be more nuanced and have harsher punishments. The definition of pornography needs to be also included, she said. “Incest needs to be specifically int ro d u c e d . There’s also no provision for violating a child’s privacy. Suppose somebody watches a child undress?’’ she asked.
TRYING TIME
Apart from the laws themselves, Chaudhry said there’s a need to change the way in which children are exposed to trials. The manner in which a trial is usually conducted often doesn’t inspire victims to volunteer evidence, he said. One suggestion Bajpai made recently in Chennai, where the new bill was debated, involved introducing a child-witness protection programme, like there are in the UK and US. They offer legal assistance to the child, explain intimidating court proceedings in a child-friendly manner and also offer security.
Lawyer Flavia Agnes agreed. “How do you put a child in a witness box? What is the criteria of crossexamination?’’ she asked.
MAKE KIDS AWARE
While a law could help secure more convictions, it’s debatable how far it would help tackle an essentially social problem. After all, countries with the most evolved laws have high CSA rates.
Pooja Taparia, founder of the NGO Arpan, said we must train children to spot CSA. “If you make children aware, they become their biggest protectors,’’ she said. “Only putting offenders behind bars is not a long-term solution.’’
Arpan has been running an awareness programme in two schools in Borivili and Malad. Students are taught to distinguish between appropriate and inappropriate behaviour, to report unpleasant behaviour and so on. The kids are also taught about the UN Convention on the Rights of the Child.
Getting kids to report abuse is a major challenge. That’s a reason why the number of actual cases is higher than official figures. Often family members are unsympathetic, embarrassed or disbelieve the kids. As a result, kids suffer silently for years. Bajpai said that one way to get adults to report CSA is to make it legally mandatory.
In the 2009-10 academic year, Arpan found that of 394 schoolchildren, 12% had experienced inappropriate behaviour or touching and 2% had been sexually abused. Taparia said that often the perpetrator is known to the child. She also noticed a rising number of cases involving boys.
Harish Iyer, a counsellor and blogger who was sexually abused as a child, said, “The bill is another thing. We need to start with awareness. Sex education is not pornography. How will a child tell his parents he has been touched inappropriately if that environment to talk doesn’t exist? We need to break the silence.’’
GLOBE-WATCH
Laws in other countries:
United States |
The federal Child Abuse Prevention and Treatment Act prescribes minimum rules that states have to follow in their respective laws. The statutes cover a range of offences, from rape to sexual exploitation, which involves permitting child abuse. Texas has some of the toughest penalties, including lifers for some repeat offenders and voluntary castration
United Kingdom |
The Sexual Offences Act punishes the rape of minors, which attracts a lifer, and other forms of exploitation. Contact is not necessary. A person can face ten years for performing a sexual act before a child
Thailand |
The country has tough laws as sex trafficking is a major problem. Individuals convicted of rape or molestation of a child under 15 years face seven to 20 years in jail. Anyone who has sex with a child aged 15 to 18 faces a fine and one to three years. Traffickers face up to 20 years
Recent incidents (2010)
April 28:
A minor escapes after she is kidnapped and molested on the terrace of the railway police quarters in Kurla
March 8:
A nine-year-old girl is raped and murdered and her body is dumped on the terrace of the police quarters in the same suburb
February 5:
The body of a fiveyear-old girl is found in a gunny bag dumped on the staircase of an under construction SRA building in Kurla
May 4, 2010
2.5.10
Mumbai Mirror / Times of India
Women wearing skinny jeans ‘can’t be raped’
Sydney: A Sydney man was acquitted of rape after a jury said his victim could not have been raped while wearing skinny jeans.
Nicholas Eugenio Gonzalez was accused of raping a 24-year-old when she was consoling him about breaking up with a friend. The 12-member panel of six women and men heard that 23-year-old Gonzalez pushed the woman on the bed, pulling off her size six skinny jeans and underpants before the act, reports The Sydney Morning Herald. Gonzalez, in his defence said the sex was consensual.
“I doubt those kind of jeans can be removed without any sort of collaboration,” the jury said.
The woman told the court that Gonzalez met her for drinks before they went to his home to listen to music. There, he pushed her on the bed, placing his torso on top of her. “'I struggled to try to get up for a while and then he undid my jeans and he pulled them off,” she said. Then he allegedly raped her.
Questioned by defence lawyer Paul Hogan, the woman said she weighed 42 kg and did not find it difficult to squeeze in and out of her jeans.
Hogan said: “I’m suggesting it’s difficult for skinny jeans to be taken off by someone else unless the wearer’s assisting, collaborating, consenting.”
“'I would disagree,” the woman replied.
The National Association of Services Against Sexual Assault, said a woman’s outfit should not be an issue in alleged rapes. “Any piece of clothing can be removed with force,” it said.
2.5.10
Times of India
Outrage as Nigerian senator marries teen
Lagos: The marriage took place at one of the Nigerian capital’s most recognizable landmarks, under the golden dome of the National Mosque in front of an audience of the elite. But the recent wedding of one of the Muslim leaders who brought Sharia law to Africa’s most populous nation is under scrutiny as human rights groups say he married a 13-year-old Egyptian girl.
As authorities investigate senator Ahmad Sani Yerima, the marriage is drawing fresh questions about the role of religion in a country of 150 million people split between Christians and Muslims.
Yerima, 49, arranged the marriage with the girl after paying her family a $100,000 dowry, according to a complaint filed by the Nigerian Human Rights Commission in April. Initially, Yerima couldn’t arrange a visa for the girl to travel from Egypt to Nigeria, so he instead brought the girl through neighbouring Niger, said Chidi Odinkalu, a lawyer for works for the Open Society Justice Initiative.
That leaves Yerima open to human trafficking charges, as well as possible child-sex and endangerment charges, the lawyer said.
“You don’t need the Quran or the Bible to get this,” Odinkalu said. “I think most people, irrespective of the cleavage between the two faiths, wouldn’t marry off their 13-year-old.”
Yet 30 members of the girl’s family attended the ceremony at the National Mosque, the human rights commission said. It’s unclear who else attended the wedding. Ustaz Musa Mohammed, the chief imam of the National Mosque, could not be reached for comment.
Under child protection laws enforceable in Abuja, Nigeria’s capital, a woman must be 18 before being able to consent to marriage. However, those laws aren’t enacted in all of Nigeria’s 36 states and activists say child brides have been married off in Muslim communities after their first period.
2.5.10
Mumbai Mirror
Granny, 72, having baby - with grandson!
London: A 72-year-old granny and her own grandson are set to have a baby. Pearl Carter, from Indiana, is reportedly having an incestuous affair with her 26-year-old grandchild Phil Bailey.
And she’s now using her pension to pay $54,000 to a surrogate mum so they can have a child, reports New Idea magazine in New Zealand.
Pearl said: “I’m not interested in anyone else’s opinion. I am in love with Phil and he’s in love with me. Soon I’ll be holding my son or daughter in my arms and Phil will be the proud dad.”
Phil is the son of Pearl’s daughter Lynette Bailey, who the pensioner put up for adoption when she was just 18, the magazine reported. When Lynette died, Phil tracked down his long lost gran and they started their relationship.
Pearl told New Idea: “From the first moment that I saw him, I knew we would never have a grandmother-grandson relationship. For the first time in years I felt sexually alive.”
Pearl said: “I called Phil to my bedroom, sat him on the bed and then leant over and kissed him. I expected rejection but he kissed me back.”
Phil revealed to the magazine: “I wanted to kiss her there and then. My feelings were overwhelming. I love Pearl with all my heart. I’ve always been attracted to older women and I think Pearl is gorgeous. Now I’m going to be a dad and I can’t wait.
“Yes, we get laughed at and bullied when we go out and kiss in public but we don’t care. You can’t help who you fall for.”
Mumbai Mirror / Times of India
Women wearing skinny jeans ‘can’t be raped’
Sydney: A Sydney man was acquitted of rape after a jury said his victim could not have been raped while wearing skinny jeans.
Nicholas Eugenio Gonzalez was accused of raping a 24-year-old when she was consoling him about breaking up with a friend. The 12-member panel of six women and men heard that 23-year-old Gonzalez pushed the woman on the bed, pulling off her size six skinny jeans and underpants before the act, reports The Sydney Morning Herald. Gonzalez, in his defence said the sex was consensual.
“I doubt those kind of jeans can be removed without any sort of collaboration,” the jury said.
The woman told the court that Gonzalez met her for drinks before they went to his home to listen to music. There, he pushed her on the bed, placing his torso on top of her. “'I struggled to try to get up for a while and then he undid my jeans and he pulled them off,” she said. Then he allegedly raped her.
Questioned by defence lawyer Paul Hogan, the woman said she weighed 42 kg and did not find it difficult to squeeze in and out of her jeans.
Hogan said: “I’m suggesting it’s difficult for skinny jeans to be taken off by someone else unless the wearer’s assisting, collaborating, consenting.”
“'I would disagree,” the woman replied.
The National Association of Services Against Sexual Assault, said a woman’s outfit should not be an issue in alleged rapes. “Any piece of clothing can be removed with force,” it said.
2.5.10
Times of India
Outrage as Nigerian senator marries teen
Lagos: The marriage took place at one of the Nigerian capital’s most recognizable landmarks, under the golden dome of the National Mosque in front of an audience of the elite. But the recent wedding of one of the Muslim leaders who brought Sharia law to Africa’s most populous nation is under scrutiny as human rights groups say he married a 13-year-old Egyptian girl.
As authorities investigate senator Ahmad Sani Yerima, the marriage is drawing fresh questions about the role of religion in a country of 150 million people split between Christians and Muslims.
Yerima, 49, arranged the marriage with the girl after paying her family a $100,000 dowry, according to a complaint filed by the Nigerian Human Rights Commission in April. Initially, Yerima couldn’t arrange a visa for the girl to travel from Egypt to Nigeria, so he instead brought the girl through neighbouring Niger, said Chidi Odinkalu, a lawyer for works for the Open Society Justice Initiative.
That leaves Yerima open to human trafficking charges, as well as possible child-sex and endangerment charges, the lawyer said.
“You don’t need the Quran or the Bible to get this,” Odinkalu said. “I think most people, irrespective of the cleavage between the two faiths, wouldn’t marry off their 13-year-old.”
Yet 30 members of the girl’s family attended the ceremony at the National Mosque, the human rights commission said. It’s unclear who else attended the wedding. Ustaz Musa Mohammed, the chief imam of the National Mosque, could not be reached for comment.
Under child protection laws enforceable in Abuja, Nigeria’s capital, a woman must be 18 before being able to consent to marriage. However, those laws aren’t enacted in all of Nigeria’s 36 states and activists say child brides have been married off in Muslim communities after their first period.
2.5.10
Mumbai Mirror
Granny, 72, having baby - with grandson!
London: A 72-year-old granny and her own grandson are set to have a baby. Pearl Carter, from Indiana, is reportedly having an incestuous affair with her 26-year-old grandchild Phil Bailey.
And she’s now using her pension to pay $54,000 to a surrogate mum so they can have a child, reports New Idea magazine in New Zealand.
Pearl said: “I’m not interested in anyone else’s opinion. I am in love with Phil and he’s in love with me. Soon I’ll be holding my son or daughter in my arms and Phil will be the proud dad.”
Phil is the son of Pearl’s daughter Lynette Bailey, who the pensioner put up for adoption when she was just 18, the magazine reported. When Lynette died, Phil tracked down his long lost gran and they started their relationship.
Pearl told New Idea: “From the first moment that I saw him, I knew we would never have a grandmother-grandson relationship. For the first time in years I felt sexually alive.”
Pearl said: “I called Phil to my bedroom, sat him on the bed and then leant over and kissed him. I expected rejection but he kissed me back.”
Phil revealed to the magazine: “I wanted to kiss her there and then. My feelings were overwhelming. I love Pearl with all my heart. I’ve always been attracted to older women and I think Pearl is gorgeous. Now I’m going to be a dad and I can’t wait.
“Yes, we get laughed at and bullied when we go out and kiss in public but we don’t care. You can’t help who you fall for.”
April 30, 2010
30.4.2010
Times of India
Indian bishops frame child abuse norms
CHENNAI: With the clergy facing horrible child sex abuse charges in several countries, Catholic bishops of India have drafted guidelines for the clergymen across the world. From spelling out a general behavioural code for bishops and other priests to defrocking as the ultimate punishment for such crime, the guidelines focus on "wholesome safety of children in and outside our institutions".
The draft is a result of four days of deliberations by the Catholic Bishops Conference of India (CBCI) and the Conference of Catholic Bishops in India (CCBI), the two apex bodies, that ended in Bangalore on Wednesday. It will be sent to the Vatican for the Pope's approval before being finalised by the end of June.
Several cases of alleged child sexual abuse against Indian Catholic priests abroad had come to light in the recent past, forcing CBCI to act. With similar cases being reported from across the world, Pope Benedict XVI had written letters to the clergy in several countries.
"While the general consensus at the conference was to report any suspected case of child sex abuse to the police, measures like defrocking and expulsion will be thought of only if the accused is convicted by a court," CBCI spokesperson Babu Joseph Karakombil told TOI.
So far, priests charged with child sex abuse abroad have been transferred to dioceses in India, raising concern that they could repeat crimes while in service that puts them in close proximity to children.
Office-bearers of CBCI, including its president and Mumbai archbishop Fr Oswald Cardinal Gracias, are in favour of defrocking priests who are found guilty. "I am in favour of such stringent action against the guilty. We will follow the Indian law and the canon law," Fr Gracias told TOI before leaving for Rome ahead of the Bangalore conference.
"The Bangalore conference discussed in detail ways and means to ensure the safety of children in our institutions. The draft guidelines will not be made public till they are given a final form. The draft will be sent to the Vatican, as also to all bishops and Catholic institutions in the country for perusal and suggestions," Karakombil said.
While cases of child sex abuse against priests have been reported from other countries, child right activists feel non-reporting in India is a matter of grave concern. The CBCI guidelines, they hope, will bring in more transparency and accountability.
Times of India
Indian bishops frame child abuse norms
CHENNAI: With the clergy facing horrible child sex abuse charges in several countries, Catholic bishops of India have drafted guidelines for the clergymen across the world. From spelling out a general behavioural code for bishops and other priests to defrocking as the ultimate punishment for such crime, the guidelines focus on "wholesome safety of children in and outside our institutions".
The draft is a result of four days of deliberations by the Catholic Bishops Conference of India (CBCI) and the Conference of Catholic Bishops in India (CCBI), the two apex bodies, that ended in Bangalore on Wednesday. It will be sent to the Vatican for the Pope's approval before being finalised by the end of June.
Several cases of alleged child sexual abuse against Indian Catholic priests abroad had come to light in the recent past, forcing CBCI to act. With similar cases being reported from across the world, Pope Benedict XVI had written letters to the clergy in several countries.
"While the general consensus at the conference was to report any suspected case of child sex abuse to the police, measures like defrocking and expulsion will be thought of only if the accused is convicted by a court," CBCI spokesperson Babu Joseph Karakombil told TOI.
So far, priests charged with child sex abuse abroad have been transferred to dioceses in India, raising concern that they could repeat crimes while in service that puts them in close proximity to children.
Office-bearers of CBCI, including its president and Mumbai archbishop Fr Oswald Cardinal Gracias, are in favour of defrocking priests who are found guilty. "I am in favour of such stringent action against the guilty. We will follow the Indian law and the canon law," Fr Gracias told TOI before leaving for Rome ahead of the Bangalore conference.
"The Bangalore conference discussed in detail ways and means to ensure the safety of children in our institutions. The draft guidelines will not be made public till they are given a final form. The draft will be sent to the Vatican, as also to all bishops and Catholic institutions in the country for perusal and suggestions," Karakombil said.
While cases of child sex abuse against priests have been reported from other countries, child right activists feel non-reporting in India is a matter of grave concern. The CBCI guidelines, they hope, will bring in more transparency and accountability.
April 29, 2010
29.4.10
DNA
Wikipedia's parent company distributing child porn: Co-founder
California: Wikipedia’s co-founder, Larry Sanger, has said that the online encyclopedia’s parent company, Wikimedia Commons, is knowingly distributing child pornography in their products
Sanger, who left Wikipedia in 2002, said the Wiki products, including Wikipedia, Wiktionary, Wikinews and Wikiquote, is rife with renderings of children performing sexual acts.
He said he has sent a letter to the Federal Bureau of Investigation (FBI) outlining his concerns and identifying two specific categories, which he believes violate federal obscenity laws.
The first category, entitled “Pedophilia”, created three years ago, contains 25 to 30 explicit and detailed drawings of children performing sexual acts, while the second, “Lilicon,” provides cartoons similar in detail and depiction.
“I was not shocked that it was online, but I was shocked that it was on a Wikimedia Foundation site that purports to be a reference site,” Fox News quoted Sanger, as saying.
“I think a lot of teachers and education technologists responsible for the filters at public schools don’t realize how much and what level of pornography there is in the system. I’m quite sure that if they knew there were pages devoted to pedophilia, it might make them think twice about giving students unrestricted access in schools.”
“I’m going to sound really old fashioned, but I felt that it was my duty. I really did. Wikimedia has quite a bit of pornography on it and they had no idea,” he added.
27.4.10
Times of India
Teens using secret online lingo to deceive parents
LONDON: Teenagers are increasingly using a secret language on social networking sites like Facebook to stop parents from judging them by their social activities such as partying and drinking, a new study found.
Instead of writing they are drunk, teens post "Getting MWI" — or mad with it; being in a relationship is known as "taken" or "Ownageeee", and "Ridneck", a corruption of redneck, means to feel embarrassed. Meanwhile, girls posting "Legal" are indicating they are above 16 and legally allowed to have sex, researchers found.
Lead researcher Lisa Whittaker of Stirling University said the slang had been created to keep their activities private, and cited the example of a girl who was sacked after bosses found pictures of her drinking on the website.
"By doing this they are able to communicate with their in-group and conceal the content from the out-group. This further adds to their online identity," she said.
27.4.10
Times of India
Judge rues huge backlog of cases in courts
Mumbai: The Bombay high court on Monday bemoaned the huge backlog of cases that have piled up over the decades.The fact cannot be ignored that suits,which have been instituted in the 8th and 9th decades of the previous century,are still pending in this court for adjudication, said Justice D G Karnik.Though the situation in the district and civil courts in the state is slightly better,there too,suits are pending for several years, the judge added.
The remarks came during the hearing of a plea challenging a civil courts order appointing a court commissioner to record evidence.
Considering the present strength of judges,it would well nigh be impossible to hear the suits expeditiously if the task of recording evidence in every case is also to be performed by the judge, said the HC,while ruling that a court can appoint a commissioner to record the evidences of witnesses on affidavits.The matter before the court concerned a petition relating to secession.A trial court had appointed a court commissioner for recording of the evidence on affidavit.But one of the parties concerned objected
to the court commissioners appointment.Advocate Ajay Panicker said the court commissioner has no power to examine any witness on affidavit and the affidavit must be tendered in court.Thereafter,the matter could be referred to the court commissioner for cross-examination.
Rejecting the argument,the HC said according to the Civil Procedure Code,in the interest of justice or for speedy disposal of the case,a court commissioner could be appointed.The HC has sent the case back to the court commissioner.
DNA
Wikipedia's parent company distributing child porn: Co-founder
California: Wikipedia’s co-founder, Larry Sanger, has said that the online encyclopedia’s parent company, Wikimedia Commons, is knowingly distributing child pornography in their products
Sanger, who left Wikipedia in 2002, said the Wiki products, including Wikipedia, Wiktionary, Wikinews and Wikiquote, is rife with renderings of children performing sexual acts.
He said he has sent a letter to the Federal Bureau of Investigation (FBI) outlining his concerns and identifying two specific categories, which he believes violate federal obscenity laws.
The first category, entitled “Pedophilia”, created three years ago, contains 25 to 30 explicit and detailed drawings of children performing sexual acts, while the second, “Lilicon,” provides cartoons similar in detail and depiction.
“I was not shocked that it was online, but I was shocked that it was on a Wikimedia Foundation site that purports to be a reference site,” Fox News quoted Sanger, as saying.
“I think a lot of teachers and education technologists responsible for the filters at public schools don’t realize how much and what level of pornography there is in the system. I’m quite sure that if they knew there were pages devoted to pedophilia, it might make them think twice about giving students unrestricted access in schools.”
“I’m going to sound really old fashioned, but I felt that it was my duty. I really did. Wikimedia has quite a bit of pornography on it and they had no idea,” he added.
27.4.10
Times of India
Teens using secret online lingo to deceive parents
LONDON: Teenagers are increasingly using a secret language on social networking sites like Facebook to stop parents from judging them by their social activities such as partying and drinking, a new study found.
Instead of writing they are drunk, teens post "Getting MWI" — or mad with it; being in a relationship is known as "taken" or "Ownageeee", and "Ridneck", a corruption of redneck, means to feel embarrassed. Meanwhile, girls posting "Legal" are indicating they are above 16 and legally allowed to have sex, researchers found.
Lead researcher Lisa Whittaker of Stirling University said the slang had been created to keep their activities private, and cited the example of a girl who was sacked after bosses found pictures of her drinking on the website.
"By doing this they are able to communicate with their in-group and conceal the content from the out-group. This further adds to their online identity," she said.
27.4.10
Times of India
Judge rues huge backlog of cases in courts
Mumbai: The Bombay high court on Monday bemoaned the huge backlog of cases that have piled up over the decades.The fact cannot be ignored that suits,which have been instituted in the 8th and 9th decades of the previous century,are still pending in this court for adjudication, said Justice D G Karnik.Though the situation in the district and civil courts in the state is slightly better,there too,suits are pending for several years, the judge added.
The remarks came during the hearing of a plea challenging a civil courts order appointing a court commissioner to record evidence.
Considering the present strength of judges,it would well nigh be impossible to hear the suits expeditiously if the task of recording evidence in every case is also to be performed by the judge, said the HC,while ruling that a court can appoint a commissioner to record the evidences of witnesses on affidavits.The matter before the court concerned a petition relating to secession.A trial court had appointed a court commissioner for recording of the evidence on affidavit.But one of the parties concerned objected
to the court commissioners appointment.Advocate Ajay Panicker said the court commissioner has no power to examine any witness on affidavit and the affidavit must be tendered in court.Thereafter,the matter could be referred to the court commissioner for cross-examination.
Rejecting the argument,the HC said according to the Civil Procedure Code,in the interest of justice or for speedy disposal of the case,a court commissioner could be appointed.The HC has sent the case back to the court commissioner.
April 19, 2010
DNA
12.4.10
Look around, there may be a rapist in your neighbourhood
New Delhi: If the rape of a 19-year-old waitress by two army jawans in Pune on Wednesday did not wake up the government to the plight of working women, the latest data released by the National Crime Records Bureau (NCRB) should.
According to NCRB, the number of rape and sexual assault cases rose sharply between 2004 and 2008, with rape cases shooting up by 17%.
In fact, there was an overall increase in crime against women — up by 27% — with rape, sexual harassment, molestation, cruelty and dowry deaths accounting for 95.3% of the cases in 2008.
NCRB says most (57.2%) rape victims were in the 18-30 age group, a time when women become more mobile due to needs such as higher education or employment. Madhya Pradesh (MP) reported the most (13.7%) rape cases.
Data shows offenders were known to victims in 91% of cases. Neighbours were involved in 33.1% of cases, relatives in 5.4% and parents/family members in 1.6% of cases. There were also 309 cases of incest registered in 2008, most of them in MP.
Molestation cases too increased by 4.3% over 2007, with again MP reporting the most at 15.9%. There was an 8% increase in child rape cases in 2008, with Uttar Pradesh reporting the most (900), followed by MP (892), and Maharashtra (690). The three states accounted for 45.6% of child rape cases.
Sociologists say this is a result of our male-dominated society becoming increasingly intolerant to women, particularly independent ones, and the increased access to pornography.
“Easy access to pornographic material, dating websites and phone sex is causing sexual frustration among men, resulting in an outburst in the form of rape and sexual assault. Men have access to virtual experience, while actual experience is missing,” Ranjana Kumari, director of Centre for Social Research, New Delhi, said.
A low conviction rate emboldens criminals. Of the 94% cases of rape charge-sheeted in 2008, only 33.4% resulted in convictions.
12.4.10
Look around, there may be a rapist in your neighbourhood
New Delhi: If the rape of a 19-year-old waitress by two army jawans in Pune on Wednesday did not wake up the government to the plight of working women, the latest data released by the National Crime Records Bureau (NCRB) should.
According to NCRB, the number of rape and sexual assault cases rose sharply between 2004 and 2008, with rape cases shooting up by 17%.
In fact, there was an overall increase in crime against women — up by 27% — with rape, sexual harassment, molestation, cruelty and dowry deaths accounting for 95.3% of the cases in 2008.
NCRB says most (57.2%) rape victims were in the 18-30 age group, a time when women become more mobile due to needs such as higher education or employment. Madhya Pradesh (MP) reported the most (13.7%) rape cases.
Data shows offenders were known to victims in 91% of cases. Neighbours were involved in 33.1% of cases, relatives in 5.4% and parents/family members in 1.6% of cases. There were also 309 cases of incest registered in 2008, most of them in MP.
Molestation cases too increased by 4.3% over 2007, with again MP reporting the most at 15.9%. There was an 8% increase in child rape cases in 2008, with Uttar Pradesh reporting the most (900), followed by MP (892), and Maharashtra (690). The three states accounted for 45.6% of child rape cases.
Sociologists say this is a result of our male-dominated society becoming increasingly intolerant to women, particularly independent ones, and the increased access to pornography.
“Easy access to pornographic material, dating websites and phone sex is causing sexual frustration among men, resulting in an outburst in the form of rape and sexual assault. Men have access to virtual experience, while actual experience is missing,” Ranjana Kumari, director of Centre for Social Research, New Delhi, said.
A low conviction rate emboldens criminals. Of the 94% cases of rape charge-sheeted in 2008, only 33.4% resulted in convictions.
DNA
19.4.2010
Minors are major rape targets in city: Cops
Mumbai: Rapes on minors have outnumbered those on women in the city, making the former more vulnerable and soft targets of the crime, a recent study has said.
Till February this year, the police had registered 36 rape cases of which 23 involve minors.
In 2009, a total of 182 cases were registered of which 128 were rapes of minors.
Of the 216 cases registered in 2008, 147 cases were of sexual abuse of girls below the age of 18.
According to Rajnish Seth, joint commissioner of police (law and order), such cases are on the rise as culprits feel they can easily overpower minor girls and then escape.
“In many cases, the culprit either is a relative, neighbour or someone living in the same locality,” he said. “The culprits feel they can get away by threatening the girls.”
Seth said that parents should be more alert and take care of who their children are interacting with.
According to Nadita Shah, co-director of Akshara, an NGO which is working for women issues, educating parents and minors about child sexual abuse is the need of the hour.
“When a child complains to her parents that a man or a boy is touching her or making her feel uncomfortable, they don’t take the complaints seriously,” Shah said. “Parents should not ignore what their child says.”
Shah claimed that the number of rapes of minors could be much higher. “Many complaints are not registered due to fear of social stigma,” she said.
19.4.2010
Minors are major rape targets in city: Cops
Mumbai: Rapes on minors have outnumbered those on women in the city, making the former more vulnerable and soft targets of the crime, a recent study has said.
Till February this year, the police had registered 36 rape cases of which 23 involve minors.
In 2009, a total of 182 cases were registered of which 128 were rapes of minors.
Of the 216 cases registered in 2008, 147 cases were of sexual abuse of girls below the age of 18.
According to Rajnish Seth, joint commissioner of police (law and order), such cases are on the rise as culprits feel they can easily overpower minor girls and then escape.
“In many cases, the culprit either is a relative, neighbour or someone living in the same locality,” he said. “The culprits feel they can get away by threatening the girls.”
Seth said that parents should be more alert and take care of who their children are interacting with.
According to Nadita Shah, co-director of Akshara, an NGO which is working for women issues, educating parents and minors about child sexual abuse is the need of the hour.
“When a child complains to her parents that a man or a boy is touching her or making her feel uncomfortable, they don’t take the complaints seriously,” Shah said. “Parents should not ignore what their child says.”
Shah claimed that the number of rapes of minors could be much higher. “Many complaints are not registered due to fear of social stigma,” she said.
April 5, 2010
1.4.10
Hindustan Times
New draft rape law has more teeth, wider scope
The word ‘rape’ could go out of the Indian Penal Code, replaced by a more inclusive ‘sexual assault’ that would place non-consensual oral or anal sex at par with forcible sexual intercourse under a comprehensive review of rape laws finalised by a panel at the home ministry.
The panel has recommended raising prison terms for various sexual offences. To protect the victim, it has proposed barring the accused’s counsel from raising questions about the victim’s character or antecedents during court proceedings.
It also requires the court to ensure the victim is not confronted by the accused during cross-examination.
The draft Criminal Law (Amendment) Bill 2010 was finalised by a high-powered committee headed by Home Secretary G.K. Pillai recently.
The panel has, however, steered clear of Section 377 that deals with “unnatural sex” and was invoked against homosexuals till the Delhi High Court came to their rescue.
Home ministry spokesman Onkar Kedia said the draft had been made public to seek responses from civil society and state governments.
The law commission had given its recommendations on reviewing rape laws nearly a decade back, in 2000.
In a fresh clause to protect minors, the Pillai panel not only changed the definition of minors to 18 years — rather than 15 and 16 years in the penal code — but also introduced the concept of sexual abuse of minors.
This provision would treat a man, or a woman — who invites, counsels, incites or exhibits pornography to a minor to be able to touch any part of the minor’s body — as a sexual offender and be liable for a 10-year jail term.
The proposed provisions raise the jail term for non-consensual sex by a man with his wife to a minimum of two years and a maximum of seven years, up from the upper limit of two years
5.4.10
Hindustan Times
Standard norms for child welfare committees
To counter increasing crimes against children in the state, a Standard Operating Procedure (SOP) has been issued by the government to ensure effective implementation of the Child Welfare Committee (CWC).
According to the 2009-10 economic survey released by the government last week, Maharashtra featured second in the country for crimes against children. The state also ranked third in crimes against women.
The CWC, an integral part of remand homes helping rehabilitation of children in need of care and protection, has the powers to compel police officer to investigate a cognisable or non-cognisable offense. As per the rules, the CWC has powers to summon and order the police to record the statement of the child as a complaint.
There are two CWCs in Mumbai - one at Dongri and the other at Mankhurd. In rest of Maharashtra there are 33 CWCs, with one CWC in each district.
The need for issuing a SOP was felt due to absence of a standard procedure in the 35 CWCs in the state. The SOP simplifies operations of different sections of the Acts and Rules enacted for protection of children.
Members of the CWC have faced practical difficulties in implementation of the SOP.
Santosh Shinde, a child rights activist and a member of CWC at Dongri, said that the biggest hurdle implementation of the SOP was insufficient manpower. Rules say that there should be a follow up of every rescued child after rehabilitation in a shelter home or with a family.
“This has to be done by probation officers appointed. There are no independent probation officers appointed and existing officers are given additional charge. As a result they cannot do justice to this,” said Shinde.
Besides, there are no special budgetary provisions for protection of children.
“The funds come from different departments such as children and women welfare and labour department and are not sufficient,” added Shinde.
Hindustan Times
New draft rape law has more teeth, wider scope
The word ‘rape’ could go out of the Indian Penal Code, replaced by a more inclusive ‘sexual assault’ that would place non-consensual oral or anal sex at par with forcible sexual intercourse under a comprehensive review of rape laws finalised by a panel at the home ministry.
The panel has recommended raising prison terms for various sexual offences. To protect the victim, it has proposed barring the accused’s counsel from raising questions about the victim’s character or antecedents during court proceedings.
It also requires the court to ensure the victim is not confronted by the accused during cross-examination.
The draft Criminal Law (Amendment) Bill 2010 was finalised by a high-powered committee headed by Home Secretary G.K. Pillai recently.
The panel has, however, steered clear of Section 377 that deals with “unnatural sex” and was invoked against homosexuals till the Delhi High Court came to their rescue.
Home ministry spokesman Onkar Kedia said the draft had been made public to seek responses from civil society and state governments.
The law commission had given its recommendations on reviewing rape laws nearly a decade back, in 2000.
In a fresh clause to protect minors, the Pillai panel not only changed the definition of minors to 18 years — rather than 15 and 16 years in the penal code — but also introduced the concept of sexual abuse of minors.
This provision would treat a man, or a woman — who invites, counsels, incites or exhibits pornography to a minor to be able to touch any part of the minor’s body — as a sexual offender and be liable for a 10-year jail term.
The proposed provisions raise the jail term for non-consensual sex by a man with his wife to a minimum of two years and a maximum of seven years, up from the upper limit of two years
5.4.10
Hindustan Times
Standard norms for child welfare committees
To counter increasing crimes against children in the state, a Standard Operating Procedure (SOP) has been issued by the government to ensure effective implementation of the Child Welfare Committee (CWC).
According to the 2009-10 economic survey released by the government last week, Maharashtra featured second in the country for crimes against children. The state also ranked third in crimes against women.
The CWC, an integral part of remand homes helping rehabilitation of children in need of care and protection, has the powers to compel police officer to investigate a cognisable or non-cognisable offense. As per the rules, the CWC has powers to summon and order the police to record the statement of the child as a complaint.
There are two CWCs in Mumbai - one at Dongri and the other at Mankhurd. In rest of Maharashtra there are 33 CWCs, with one CWC in each district.
The need for issuing a SOP was felt due to absence of a standard procedure in the 35 CWCs in the state. The SOP simplifies operations of different sections of the Acts and Rules enacted for protection of children.
Members of the CWC have faced practical difficulties in implementation of the SOP.
Santosh Shinde, a child rights activist and a member of CWC at Dongri, said that the biggest hurdle implementation of the SOP was insufficient manpower. Rules say that there should be a follow up of every rescued child after rehabilitation in a shelter home or with a family.
“This has to be done by probation officers appointed. There are no independent probation officers appointed and existing officers are given additional charge. As a result they cannot do justice to this,” said Shinde.
Besides, there are no special budgetary provisions for protection of children.
“The funds come from different departments such as children and women welfare and labour department and are not sufficient,” added Shinde.
March 30, 2010
24.3.10
Times of India
Abuse is rampant, but under wraps
MUMBAI: For a 13-year-old Saki Naka resident, it was nightmarish to return home from school when his mother would not be around. His uncle who had been staying as their guest would not let go of any opportunity to sexually abuse him during two years of his stay with the family.
In these two years, Ankit (name changed) was abused to the extent that he had started doubting his sexuality. He thought he was a woman and that was why his uncle was abusing him again and again, said a counsellor from acivic-run hospital. Unfortunately, counsellors feel there are many like Ankit in the city, but only a handful even reach a professional counsellor.
A child abuse study by the ministry of women and child development in 2007 revealed that as many as 53.22% of 12,447 children and 2,324 young adults surveyed had faced some or the other form of sexual abuse. It further stated that about 21.90% of child respondents reported facing severe sexual abuse while 50.76% other forms of sexual abuse. Worse, 50% of abusers were known to the child. Many feel this is where societal pressure seeps in and parents too become reluctant to pursue the matter. Parents are still in denial, and though a steady change in mindset is noticed, majority do not seek any legal action, said Pooja Taparia of Arpan, an NGO working against child abuse.
Child abuse is widespread, say experts. Social psychologist Chandni Parekh said, “This pervasive evil cuts across all socio-economic backgrounds,’’ adding that there is no specific profile for both victims as well as abusers. Speaking of its prevalence in communities, Parekh said in workshops held in schools, several students send across queries. For instance, a student had asked confidentially if it was normal for a teenaged girl to have physical relations with an aged man, she said. Parekh added that after such workshops many students have spoken out about abuse.
Harish Iyer, a survivor of childhood sexual abuse, felt that certain practices in society need to change. The most fundamental error is to give nicknames to private parts, he said adding that if a child is taught to call eye an eye, then why not teach them about private parts. Sex education can be a key to this problem because they will help children to differentiate between right and wrong touch and behaviour, he suggests. Moreover, he said the biggest myth was that only girls were abused.
Iyer, in the course of his interaction with victims of child sex abuse, said there may not be many survivors. But even if they kill themselves, the reason behind their death will stay under wraps, he said.
A bigger concern though lies in the neglect of the mental health of victims of child abuse. Parents themselves are reluctant to take them to counsellors or follow up with doctors, said Taparia.
27.3.10
Hindustan Times
State mulls protocol for rape victims at hospitals
Mar. 27--MUMBAI -- Major hospitals across the state, including Nagpada Police Hospital, which conducts medical tests in a majority of rape cases in the city, could soon have a uniform protocol on collecting evidence from sexual assault victims.
These hospitals would also need to provide medical treatment and psychological support for victims.
This protocol may include the use of a special kit -- the Sexual Assault Forensic Evidence (SAFE) collection kit -- developed by non-governmental organization Centre for Enquiry into Health and Allied Themes (CEHAT). It was successfully pilot-tested at the civic-run R N Cooper Hospital, Vile Parle, and Rajawadi Hospital, Ghatkopar, between March 2008 and April 2009.
CEHAT representatives met state officials 10 days ago with the results of pilot project.
Additional Chief Secretary (Home) Chandra Iyengar said the government is "taking it forward."
Senior surgeon Dr SM Patil, in charge at Nagpada Police Hospital, said they are preparing a proposal for the state government. "If it is approved, the kit and protocol will be uniformly introduced at all major hospitals," he said.
The SAFE kit, an adaptation of the Ontario Police kit used in Canada, contains cotton swabs, gloves, nail cutter and other paraphernalia required for collecting evidence from victims. The kit was tested on 20 victims, including eight minors, at Cooper and Rajawadi Hospital. CEHAT found the kit helps collect a higher quality of evidence.
Currently, there is no protocol for collection of evidence in hospitals. During the pilot test, researchers found that provision of care often takes a backseat as sexual assault is seen as a "medico-legal case" and that doctors don't bother to seek the victim's consent at every stage of the examination.
"We want the government to introduce a model in which victims are provided care, counseling and treatment for short-term and long-term heath consequences," said CEHAT's Padma Deosthali.
How was 12-year-old's med report leaked? Non-governmental organisation CEHAT has raised questions about the leak of the medical examination report of the 12-year-old Sakinaka gang rape victim from the Nagpada Police Hospital.
CEHAT representatives called the revelation "an absolute violation as the doctor works for the prosecution and does not have the authority to reveal any information to a third party without prior permission of the investigating officer or the court."
30.3.10
Hindustan Times
Rs 67 cr lying unused in child fund, adoption centre tells HC
A corpus of Rs 67 crore, which is to be used for the rehabilitation of rape victims or children in distress, is lying unutilised with the National Child Fund (NCF).
The Central Adoption Resource Centre, an auton-omous body under the Ministry of Women and Child Develop-ment responsible for keeping a check on international adoptions, brought this to the Bombay High Court's notice on Friday.
Justice D Y Chandrachud asked why was the money not being used to rehabilitate children.
The high court also directed the adoption resource centre to complete the final draft of the international adoption policy so that the court can finalise the guidelines.
Justice Chandrachud asked the adoption resource centre to file an affidavit within three weeks.
The HC had asked the adoption resource centre to include a corpus or fund for children who are repatriated and require rehabilitation and its proper disbursement.
The adoption resource centre had refused to set up another fund saying there's already the NCF.
However, the same cannot be used for the rehabilitation of repatriated children, as there is no such category in the National Child Fund.
Advocate Vishal Kanade, who is appearing for the federation of adoption agencies in Maharashtra, pointed out that the NCF had a category for children in distress.
"If not the corpus, then give some concrete safety net which can be used in cases where children are repatriated.
Someone has to take their responsibility," said Justice Chandrachud.
In a related development, 14-year-old Anita (name changed), who was repatriated in June 2008 after a failed adoption in the United States, is adjusting well at the shelter home in Gurgaon.
A Massachusetts-based couple had adopted Anita and her sister Sonia (8) in 2006.
However, the couple sent an application seeking revocation of their guardianship of Anita after she developed behavioural problems.
A report submitted by Nigama Mascarenhas, director of the Family Service Centre, said Anita she is eating and taking her medication on time.
"She also helps younger children with their studies," the report said.
28.3.10
Times of India
Can a woman rape a man?
The government recently decided to amend the Indian Penal Code (IPC) and replace the word “rape” with “sexual assault’’. The proposal would make the offence of rape gender-neutral. But can a government change the meaning of the word “rape”?
Can a man rape a man? Can a woman rape a woman? And finally, unimaginably, can a woman rape a man? Even dictionaries offer gender-specific meanings for rape.
So, does that make a nonsense of the amended IPC? Flavia Agnes, Mumbai-based lawyer and activist, says it is certainly far-fetched. “To presume that women can rape men is rather outrageous,” says Agnes. “While women can sexually harass men, they can’t sexually assault them. There have been no such cases anywhere.” In fact, rape is a “deeply gendered construction”, with several social implications for women such as stigma, she adds.
One rape case is registered every 54 minutes somewhere in India. Many more incidents go unreported. Take the case of 19-year-old Sulabha Rani* from Uttarakhand’s Chamoli village. In 2004, her uncle took her to Dehradun to work as a domestic help. He sold her to two men who raped her in a moving car. The next morning, she found herself lying half-naked and bruised on a sidewalk. Back with her parents now, and with her uncle absconding, Sulabha reportedly hasn’t been able to leave her bed or utter a word since that day.
Then there is Radha, an Agra college student, who tried to take on a bunch of rowdy goons making lewd remarks about passing girls. One evening, as she returned from college, Radha was raped by the goons, who said they were punishing her for her ‘bravery’.
So, can a woman ever do the same to a man? Agnes says rape is not just a physical assault, but an expression of power and control by men over women. “As we do not live in a gender-neutral society, having a gender-neutral rape law will only make the situation worse for women, as many may get accused of rape,” she says.
Legal experts are apprehensive the IPC amendment will open the floodgates for other gender-neutral laws, such as those governing domestic violence, dowry death, cruelty to wives or even maintenance to women after a divorce.
But some aspects of the proposed amendment are being welcomed. Sexual assault is to cover crimes such as sodomy, insertion of a foreign object and other offences that are not currently covered by the legal definition of rape. The rape law was amended in 1983 and ever since, women’s groups have campaigned for a law on sexual assault, which would cover issues of incest and non-penetrative child sexual abuse.
Author-activist Pinki Virani, who filed a plea for the mercy killing of Aruna Shanbaug, a paralysed and brain-dead Mumbai nurse who was attacked and raped in 1973, says, “The amendment may not help women too much but it will help minor victims. I’m glad boys will be included in the category of victims who can be sexually preyed upon by older men without sodomy being the only criteria of boy-rape.”
The provisions can also help in cases such as that of Ruchika Girhotra, who was sexually molested by Haryana DIG, SPS Rathore as a teenager, 19 years ago. Aradhna Gupta, who fought for justice for her dead friend, says this is a commendable move. Speaking to STOI from Sydney, Gupta says: “Now, more culprits can be booked for committing heinous sexual crimes. Had it happened two decades back, Ruchika would have been alive.”
Virani says the amendment raises questions about whether cases pertaining to children can be clubbed with adults. What about incest, arguably more traumatic than a single assault by a total stranger?
Agnes says the government must take these complexities into account before amending the law of the land governing rape.
*The names of victims have been changed
29.3.10
DNA
Government aims to stop courtroom torment of rape victims
New Delhi: Manufacturing doubts about the character of a rape victim on the basis of her past record — concocted or otherwise — in courtrooms has been an old trick with lawyers defending the culprit in such cases. The mental harassment inflicted on the victim through the legal process aiming to cast aspersions on her character is often more damaging than the original crime against her.
The Centre wants to correct this. It is seeking to amend section 146 of the Indian Evidence Act, 1872. The proposed changes, sources said, will bar lawyers to adduce evidence or put questions during the cross examination of a victim that talk about her general immoral character, her previous sexual experience with any person proving her consent or the quality of consent during trial for rape or sexual assault.
Besides, a new section, 53A, would be added in the act to ensure that the moral character of the victim and her previous sexual experience are not relevant to the issue of her consenting for sex with the accused during the trial. These proposed amendments are being examined by a committee headed by home secretary GK Pillai.
The law commission had recommended such amendments in 1983. The Supreme Court, too, had felt the need for corrective action while holding that a victim of rape can’t be treated as an accomplice in the crime.
Changes are also planned in the Code of Criminal Procedure (CrPC) to specify that in cases of rape, sexual assault and molestation, the statement of a victim would only be recorded by a woman police officer or a woman government official, in the absence of whom it would be recorded by a recognised female social worker. The trial would also be conducted before a woman judge, as far as possible.
“We find that the victim is so disturbed that she shies away from talking in detail about the incident. There are questions put to her that make her relive those moments again and again. It would be fair to bring these amendments and allow fast-track trials by women judges,” said justice Geeta Mittal of the Delhi high court.
Times of India
Abuse is rampant, but under wraps
MUMBAI: For a 13-year-old Saki Naka resident, it was nightmarish to return home from school when his mother would not be around. His uncle who had been staying as their guest would not let go of any opportunity to sexually abuse him during two years of his stay with the family.
In these two years, Ankit (name changed) was abused to the extent that he had started doubting his sexuality. He thought he was a woman and that was why his uncle was abusing him again and again, said a counsellor from acivic-run hospital. Unfortunately, counsellors feel there are many like Ankit in the city, but only a handful even reach a professional counsellor.
A child abuse study by the ministry of women and child development in 2007 revealed that as many as 53.22% of 12,447 children and 2,324 young adults surveyed had faced some or the other form of sexual abuse. It further stated that about 21.90% of child respondents reported facing severe sexual abuse while 50.76% other forms of sexual abuse. Worse, 50% of abusers were known to the child. Many feel this is where societal pressure seeps in and parents too become reluctant to pursue the matter. Parents are still in denial, and though a steady change in mindset is noticed, majority do not seek any legal action, said Pooja Taparia of Arpan, an NGO working against child abuse.
Child abuse is widespread, say experts. Social psychologist Chandni Parekh said, “This pervasive evil cuts across all socio-economic backgrounds,’’ adding that there is no specific profile for both victims as well as abusers. Speaking of its prevalence in communities, Parekh said in workshops held in schools, several students send across queries. For instance, a student had asked confidentially if it was normal for a teenaged girl to have physical relations with an aged man, she said. Parekh added that after such workshops many students have spoken out about abuse.
Harish Iyer, a survivor of childhood sexual abuse, felt that certain practices in society need to change. The most fundamental error is to give nicknames to private parts, he said adding that if a child is taught to call eye an eye, then why not teach them about private parts. Sex education can be a key to this problem because they will help children to differentiate between right and wrong touch and behaviour, he suggests. Moreover, he said the biggest myth was that only girls were abused.
Iyer, in the course of his interaction with victims of child sex abuse, said there may not be many survivors. But even if they kill themselves, the reason behind their death will stay under wraps, he said.
A bigger concern though lies in the neglect of the mental health of victims of child abuse. Parents themselves are reluctant to take them to counsellors or follow up with doctors, said Taparia.
27.3.10
Hindustan Times
State mulls protocol for rape victims at hospitals
Mar. 27--MUMBAI -- Major hospitals across the state, including Nagpada Police Hospital, which conducts medical tests in a majority of rape cases in the city, could soon have a uniform protocol on collecting evidence from sexual assault victims.
These hospitals would also need to provide medical treatment and psychological support for victims.
This protocol may include the use of a special kit -- the Sexual Assault Forensic Evidence (SAFE) collection kit -- developed by non-governmental organization Centre for Enquiry into Health and Allied Themes (CEHAT). It was successfully pilot-tested at the civic-run R N Cooper Hospital, Vile Parle, and Rajawadi Hospital, Ghatkopar, between March 2008 and April 2009.
CEHAT representatives met state officials 10 days ago with the results of pilot project.
Additional Chief Secretary (Home) Chandra Iyengar said the government is "taking it forward."
Senior surgeon Dr SM Patil, in charge at Nagpada Police Hospital, said they are preparing a proposal for the state government. "If it is approved, the kit and protocol will be uniformly introduced at all major hospitals," he said.
The SAFE kit, an adaptation of the Ontario Police kit used in Canada, contains cotton swabs, gloves, nail cutter and other paraphernalia required for collecting evidence from victims. The kit was tested on 20 victims, including eight minors, at Cooper and Rajawadi Hospital. CEHAT found the kit helps collect a higher quality of evidence.
Currently, there is no protocol for collection of evidence in hospitals. During the pilot test, researchers found that provision of care often takes a backseat as sexual assault is seen as a "medico-legal case" and that doctors don't bother to seek the victim's consent at every stage of the examination.
"We want the government to introduce a model in which victims are provided care, counseling and treatment for short-term and long-term heath consequences," said CEHAT's Padma Deosthali.
How was 12-year-old's med report leaked? Non-governmental organisation CEHAT has raised questions about the leak of the medical examination report of the 12-year-old Sakinaka gang rape victim from the Nagpada Police Hospital.
CEHAT representatives called the revelation "an absolute violation as the doctor works for the prosecution and does not have the authority to reveal any information to a third party without prior permission of the investigating officer or the court."
30.3.10
Hindustan Times
Rs 67 cr lying unused in child fund, adoption centre tells HC
A corpus of Rs 67 crore, which is to be used for the rehabilitation of rape victims or children in distress, is lying unutilised with the National Child Fund (NCF).
The Central Adoption Resource Centre, an auton-omous body under the Ministry of Women and Child Develop-ment responsible for keeping a check on international adoptions, brought this to the Bombay High Court's notice on Friday.
Justice D Y Chandrachud asked why was the money not being used to rehabilitate children.
The high court also directed the adoption resource centre to complete the final draft of the international adoption policy so that the court can finalise the guidelines.
Justice Chandrachud asked the adoption resource centre to file an affidavit within three weeks.
The HC had asked the adoption resource centre to include a corpus or fund for children who are repatriated and require rehabilitation and its proper disbursement.
The adoption resource centre had refused to set up another fund saying there's already the NCF.
However, the same cannot be used for the rehabilitation of repatriated children, as there is no such category in the National Child Fund.
Advocate Vishal Kanade, who is appearing for the federation of adoption agencies in Maharashtra, pointed out that the NCF had a category for children in distress.
"If not the corpus, then give some concrete safety net which can be used in cases where children are repatriated.
Someone has to take their responsibility," said Justice Chandrachud.
In a related development, 14-year-old Anita (name changed), who was repatriated in June 2008 after a failed adoption in the United States, is adjusting well at the shelter home in Gurgaon.
A Massachusetts-based couple had adopted Anita and her sister Sonia (8) in 2006.
However, the couple sent an application seeking revocation of their guardianship of Anita after she developed behavioural problems.
A report submitted by Nigama Mascarenhas, director of the Family Service Centre, said Anita she is eating and taking her medication on time.
"She also helps younger children with their studies," the report said.
28.3.10
Times of India
Can a woman rape a man?
The government recently decided to amend the Indian Penal Code (IPC) and replace the word “rape” with “sexual assault’’. The proposal would make the offence of rape gender-neutral. But can a government change the meaning of the word “rape”?
Can a man rape a man? Can a woman rape a woman? And finally, unimaginably, can a woman rape a man? Even dictionaries offer gender-specific meanings for rape.
So, does that make a nonsense of the amended IPC? Flavia Agnes, Mumbai-based lawyer and activist, says it is certainly far-fetched. “To presume that women can rape men is rather outrageous,” says Agnes. “While women can sexually harass men, they can’t sexually assault them. There have been no such cases anywhere.” In fact, rape is a “deeply gendered construction”, with several social implications for women such as stigma, she adds.
One rape case is registered every 54 minutes somewhere in India. Many more incidents go unreported. Take the case of 19-year-old Sulabha Rani* from Uttarakhand’s Chamoli village. In 2004, her uncle took her to Dehradun to work as a domestic help. He sold her to two men who raped her in a moving car. The next morning, she found herself lying half-naked and bruised on a sidewalk. Back with her parents now, and with her uncle absconding, Sulabha reportedly hasn’t been able to leave her bed or utter a word since that day.
Then there is Radha, an Agra college student, who tried to take on a bunch of rowdy goons making lewd remarks about passing girls. One evening, as she returned from college, Radha was raped by the goons, who said they were punishing her for her ‘bravery’.
So, can a woman ever do the same to a man? Agnes says rape is not just a physical assault, but an expression of power and control by men over women. “As we do not live in a gender-neutral society, having a gender-neutral rape law will only make the situation worse for women, as many may get accused of rape,” she says.
Legal experts are apprehensive the IPC amendment will open the floodgates for other gender-neutral laws, such as those governing domestic violence, dowry death, cruelty to wives or even maintenance to women after a divorce.
But some aspects of the proposed amendment are being welcomed. Sexual assault is to cover crimes such as sodomy, insertion of a foreign object and other offences that are not currently covered by the legal definition of rape. The rape law was amended in 1983 and ever since, women’s groups have campaigned for a law on sexual assault, which would cover issues of incest and non-penetrative child sexual abuse.
Author-activist Pinki Virani, who filed a plea for the mercy killing of Aruna Shanbaug, a paralysed and brain-dead Mumbai nurse who was attacked and raped in 1973, says, “The amendment may not help women too much but it will help minor victims. I’m glad boys will be included in the category of victims who can be sexually preyed upon by older men without sodomy being the only criteria of boy-rape.”
The provisions can also help in cases such as that of Ruchika Girhotra, who was sexually molested by Haryana DIG, SPS Rathore as a teenager, 19 years ago. Aradhna Gupta, who fought for justice for her dead friend, says this is a commendable move. Speaking to STOI from Sydney, Gupta says: “Now, more culprits can be booked for committing heinous sexual crimes. Had it happened two decades back, Ruchika would have been alive.”
Virani says the amendment raises questions about whether cases pertaining to children can be clubbed with adults. What about incest, arguably more traumatic than a single assault by a total stranger?
Agnes says the government must take these complexities into account before amending the law of the land governing rape.
*The names of victims have been changed
29.3.10
DNA
Government aims to stop courtroom torment of rape victims
New Delhi: Manufacturing doubts about the character of a rape victim on the basis of her past record — concocted or otherwise — in courtrooms has been an old trick with lawyers defending the culprit in such cases. The mental harassment inflicted on the victim through the legal process aiming to cast aspersions on her character is often more damaging than the original crime against her.
The Centre wants to correct this. It is seeking to amend section 146 of the Indian Evidence Act, 1872. The proposed changes, sources said, will bar lawyers to adduce evidence or put questions during the cross examination of a victim that talk about her general immoral character, her previous sexual experience with any person proving her consent or the quality of consent during trial for rape or sexual assault.
Besides, a new section, 53A, would be added in the act to ensure that the moral character of the victim and her previous sexual experience are not relevant to the issue of her consenting for sex with the accused during the trial. These proposed amendments are being examined by a committee headed by home secretary GK Pillai.
The law commission had recommended such amendments in 1983. The Supreme Court, too, had felt the need for corrective action while holding that a victim of rape can’t be treated as an accomplice in the crime.
Changes are also planned in the Code of Criminal Procedure (CrPC) to specify that in cases of rape, sexual assault and molestation, the statement of a victim would only be recorded by a woman police officer or a woman government official, in the absence of whom it would be recorded by a recognised female social worker. The trial would also be conducted before a woman judge, as far as possible.
“We find that the victim is so disturbed that she shies away from talking in detail about the incident. There are questions put to her that make her relive those moments again and again. It would be fair to bring these amendments and allow fast-track trials by women judges,” said justice Geeta Mittal of the Delhi high court.
March 20, 2010
20.3.2010
Times of India
Pending rape cases to be fast-tracked
Mumbai: The Democratic Front government spoke in two voices in the legislative assembly here on Friday. While home minister R R Patil of the NCP insisted that the number of cases of rape, molestation and child abuse were on the decline, chief minister Ashok Chavan (Congress) disagreed with him.
While replying to queries raised by the Opposition during the question hour, Patil claimed that the number of these offences were reducing, but did not reveal the statistics. The Opposition was not in no mood to swallow this claim. Intervening in the debate, Chavan said the issue (of increasing rapes) raised by the Opposition was a matter of “deep concern.’’ He said he would take up the issue with the Chief Justice of Bombay high court and urge expeditious disposal of these cases. Patil said all these cases which were pending for over one year, would be moved to fast-track courts.
Times of India
Pending rape cases to be fast-tracked
Mumbai: The Democratic Front government spoke in two voices in the legislative assembly here on Friday. While home minister R R Patil of the NCP insisted that the number of cases of rape, molestation and child abuse were on the decline, chief minister Ashok Chavan (Congress) disagreed with him.
While replying to queries raised by the Opposition during the question hour, Patil claimed that the number of these offences were reducing, but did not reveal the statistics. The Opposition was not in no mood to swallow this claim. Intervening in the debate, Chavan said the issue (of increasing rapes) raised by the Opposition was a matter of “deep concern.’’ He said he would take up the issue with the Chief Justice of Bombay high court and urge expeditious disposal of these cases. Patil said all these cases which were pending for over one year, would be moved to fast-track courts.
20.3.10
HT
Cell for sex crimes against children
The Maharashtra government has decided to set up a special cell to handle sex crimes against children.
It has also decided to move pending rape cases to a fast track court.
These decisions were announced in the legislature after the Opposition criticised the Home department for the growing incidence of sex crimes against children and an increase in rape cases. Minister of State for Home, Ramesh Bagwe, told the Legislative Council that the special cell will ensure that the culprits are punished quickly.
Home Minister R. R. Patil, told the Assembly that the state will request the high court to set up fast track courts for rape cases pending for more than a year. “The conviction rate in rape cases is poor,” said Patil. “The department will review cases pending for a year and forward them to the high court.’’
Patil also said that the state had already sent a proposal to the Centre to amend the law to make molestation a more serious crime. Patil added that the state has recommended to the Centre that the punishment for molestation be made more severe so that it acts as a deterrent. “We will take this up with the Centre on a priority basis,’’ Patil said.
The state, for example, has suggested that section 354 [assault to outrage the modesty of a woman] of the Indian Penal Code should attract three years of imprisonment instead of two and an offence under section 491 [breach of contract to supply wants of a helpless person] should warrant three years behind bars instead of three months.
There were three cases of molestation of minors in Mumbai in the last one month. The body of a seven-year-old girl was found in a police colony in Kurla recently. The girl was allegedly molested. Cases of abuse of minors were reported in tribal schools and private coaching classes in Lonavala, Shirdi and Malegaon in the past three months.
“Why can’t there be in camera statement of the victim? Her evidence should be believed and the police should arrest the person named instead of waiting to gather other circumstantial evidence,’’ said BJP legislator, Pankaja Munde.
CM Ashok Chavan said the police will ensure chargesheets in rape cases are filed quickly.
HT
Cell for sex crimes against children
The Maharashtra government has decided to set up a special cell to handle sex crimes against children.
It has also decided to move pending rape cases to a fast track court.
These decisions were announced in the legislature after the Opposition criticised the Home department for the growing incidence of sex crimes against children and an increase in rape cases. Minister of State for Home, Ramesh Bagwe, told the Legislative Council that the special cell will ensure that the culprits are punished quickly.
Home Minister R. R. Patil, told the Assembly that the state will request the high court to set up fast track courts for rape cases pending for more than a year. “The conviction rate in rape cases is poor,” said Patil. “The department will review cases pending for a year and forward them to the high court.’’
Patil also said that the state had already sent a proposal to the Centre to amend the law to make molestation a more serious crime. Patil added that the state has recommended to the Centre that the punishment for molestation be made more severe so that it acts as a deterrent. “We will take this up with the Centre on a priority basis,’’ Patil said.
The state, for example, has suggested that section 354 [assault to outrage the modesty of a woman] of the Indian Penal Code should attract three years of imprisonment instead of two and an offence under section 491 [breach of contract to supply wants of a helpless person] should warrant three years behind bars instead of three months.
There were three cases of molestation of minors in Mumbai in the last one month. The body of a seven-year-old girl was found in a police colony in Kurla recently. The girl was allegedly molested. Cases of abuse of minors were reported in tribal schools and private coaching classes in Lonavala, Shirdi and Malegaon in the past three months.
“Why can’t there be in camera statement of the victim? Her evidence should be believed and the police should arrest the person named instead of waiting to gather other circumstantial evidence,’’ said BJP legislator, Pankaja Munde.
CM Ashok Chavan said the police will ensure chargesheets in rape cases are filed quickly.
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