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.
April 5, 2010
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.
DNA
9.3.2010
Child abuse on the rise in schools
New Delhi: More and more children are being abused and harassed in schools across the country. According to the Centre, the number of such cases has tripled in 3 years
A total of 95 such cases were registered last year,” women and child development minister Krishna Tirath said.
“The National Commission for Protection of Child Rights said there has been an increase in the number of reports of excesses on children in schools. These complaints have been referred to thestate governments and union territory administrations concerned for appropriate action.”
The complaints included sexual abuse, harassment, humiliation, murder, corporal punishment and wrongful confinement.
“From 34 complaints in 2007-2008 and 68 in 2008-2009, the figure went up to 95 last year,” Tirath said.
Child rights activists feel this may not reflect the true picture as many cases go unreported. They, however, were satisfied that more children and their families are coming forward to report abuse.
Uttar Pradesh reported the most cases this year. Of the 27 cases in the state, 20were of corporal punishment and one of murder. Tamil Nadu reported 12 cases, Delhi, Madhya Pradesh and Orissa nine each and Andhra, Rajasthan, Bihar, Haryana and Punjab four each.
DNA
13.3.2010
Rape worse crime than murder: Bombay high court
Mumbai: Rape is a more heinous crime than murder, observed a two-judge bench of the Bombay high court on Friday. The observation came in the context of a petition challenging the rules under the Maharashtra Prisons Act, 1965, which compel murder undertrials to wear jail uniforms, but not rapists or bomb blast accused.
The petition was filed by a murder undertrial, Dhanesh Shivdasan.
“Rape is a worse crime than murder. A rape victim is made to suffer in society even after the accused faces punishment. There is a point to the petitioner’s argument: Why are only murder undertrials compelled to wear uniforms?” asked justices Ranjana Desai and Mridula Bhatkar.
The court observed that one is innocent until the crime is proved and he/she is convicted for the offence. “Then why such discrimination between a murder undertrial and a rape undertrial? We do not understand ?” the judges remarked. The court was more surprised when the petitioner’s legal aide, Indu Varma, said even undertrials in bomb blast cases were not compelled to wear uniforms.
Observing that crimes like bomb blasts and rape were more heinous, the high court directed the state government to file its reply in two weeks. Varma further told the court that rule 6 of the Maharashtra Prisons Act allowed undertrials in cases attracting rigorous imprisonment to wear civil clothes.
Under the same rule, convicted persons in cases involving simple imprisonment were allowed to wear private clothes. This was also discriminatory.
Additional public prosecutor Vitthal Konde-Deshmukh argued that the said rules were made in order to maintain discipline in jails.
“This (to make murder undertrials wear jail uniforms) helped in identifying the accused and also in maintaining jail discipline,” Konde-Deshmukh told the court.
The petition was filed by Shivdasan, an undertrial in a murder case, who has been lodged in Thane Central prison since March 1, 2006. Shivdasan had in January, 2009, sent a hand-written application through the jail authorities challenging rule 4 of the Maharashtra Prisons Act, 1965. In his application, he referred to an earlier order of the high court which ruled that undertrials need not wear jail uniforms.
“I had given an application to the jail superintendent, Thane, along with a copy of the high court order and requested him to exempt me from wearing jail uniform, but still I was not allowed to wear civil clothes,” said Shivdasan’s application. The high court had converted his application into a petition.
In February, 2009, a division bench of justice Bilal Nazki (who retired in November, 2009) and justice AR Joshi had ruled that undertrials should not be compelled to wear jail uniforms. Citing the said order, Shivdasan had approached the high court for relief
“The said rule is prima facie discriminatory. We feel that a balance needs to be struck between undertrials in murder and other crimes. A balance needs to be maintained between prisoners’ rights,” observed the court.
18.3.2010
Hindustan Times
A legal shield for him & her
Justice maybe a long time coming, but the heartening thing is that the law in India is constantly evolving to plug loopholes and correct imbalances. The latest is a draft bill that the home ministry is working on to broaden the terms of sexual crimes and make its provisions gender-neutral. The word rape is sought to be replaced with the term sexual assault in order that different forms of sexual abuse come under its umbrella.
This is important in two specific contexts. One, the courts have decriminalised homosexuality, which while being a positive step also brings rape among same sex partners under the purview of the law. The other is that there will be redressal for the boy child in cases of molestation.
A study by the ministry of women and child development shows that more boys suffer sexual abuse than girls and that one out of two children have suffered some form of molestation usually between the ages of 9 to 12. In the case of boys, only proven sodomy is an offence so far and does not take into account other forms of sexual offences or harassment. Already, the law has evolved mechanisms to lessen the trauma of child victims, providing them the means to have hearings at home. The same goes for women victims of sexual crimes.
So far, the definition of sexual crimes, particularly rape, has been in the context of women and the girl child. This seems to have led to a quantum increase in crimes against the boy child. In Delhi alone, a government study showed that far greater number of boys were abused than girls. This suggests that the boy child has little protection and that offenders have taken advantage of the gaps in the law. So far, the law has not taken other forms of sexual abuse, including verbal, seriously enough. This has encouraged offenders to get away with all manners of abuse short of rape.
The next step is to sensitise the police, the first port of call for a victim, of the changes in the law and the need to treat all forms of sexual abuse seriously and in a gender-neutral manner.
The judicial system today is such that the victim is doubly traumatised, first by the perpetrator and then by the legal system. The earlier proposal to dispose of sexual crime trials in two to three months is yet to kick in. This could go a long way towards encouraging people to come forward and report such crimes. The legislation may take time to show results. But at least the government is taking proactive steps to draft a non-discriminatory framework on sexual assault.
9.3.2010
Child abuse on the rise in schools
New Delhi: More and more children are being abused and harassed in schools across the country. According to the Centre, the number of such cases has tripled in 3 years
A total of 95 such cases were registered last year,” women and child development minister Krishna Tirath said.
“The National Commission for Protection of Child Rights said there has been an increase in the number of reports of excesses on children in schools. These complaints have been referred to thestate governments and union territory administrations concerned for appropriate action.”
The complaints included sexual abuse, harassment, humiliation, murder, corporal punishment and wrongful confinement.
“From 34 complaints in 2007-2008 and 68 in 2008-2009, the figure went up to 95 last year,” Tirath said.
Child rights activists feel this may not reflect the true picture as many cases go unreported. They, however, were satisfied that more children and their families are coming forward to report abuse.
Uttar Pradesh reported the most cases this year. Of the 27 cases in the state, 20were of corporal punishment and one of murder. Tamil Nadu reported 12 cases, Delhi, Madhya Pradesh and Orissa nine each and Andhra, Rajasthan, Bihar, Haryana and Punjab four each.
DNA
13.3.2010
Rape worse crime than murder: Bombay high court
Mumbai: Rape is a more heinous crime than murder, observed a two-judge bench of the Bombay high court on Friday. The observation came in the context of a petition challenging the rules under the Maharashtra Prisons Act, 1965, which compel murder undertrials to wear jail uniforms, but not rapists or bomb blast accused.
The petition was filed by a murder undertrial, Dhanesh Shivdasan.
“Rape is a worse crime than murder. A rape victim is made to suffer in society even after the accused faces punishment. There is a point to the petitioner’s argument: Why are only murder undertrials compelled to wear uniforms?” asked justices Ranjana Desai and Mridula Bhatkar.
The court observed that one is innocent until the crime is proved and he/she is convicted for the offence. “Then why such discrimination between a murder undertrial and a rape undertrial? We do not understand ?” the judges remarked. The court was more surprised when the petitioner’s legal aide, Indu Varma, said even undertrials in bomb blast cases were not compelled to wear uniforms.
Observing that crimes like bomb blasts and rape were more heinous, the high court directed the state government to file its reply in two weeks. Varma further told the court that rule 6 of the Maharashtra Prisons Act allowed undertrials in cases attracting rigorous imprisonment to wear civil clothes.
Under the same rule, convicted persons in cases involving simple imprisonment were allowed to wear private clothes. This was also discriminatory.
Additional public prosecutor Vitthal Konde-Deshmukh argued that the said rules were made in order to maintain discipline in jails.
“This (to make murder undertrials wear jail uniforms) helped in identifying the accused and also in maintaining jail discipline,” Konde-Deshmukh told the court.
The petition was filed by Shivdasan, an undertrial in a murder case, who has been lodged in Thane Central prison since March 1, 2006. Shivdasan had in January, 2009, sent a hand-written application through the jail authorities challenging rule 4 of the Maharashtra Prisons Act, 1965. In his application, he referred to an earlier order of the high court which ruled that undertrials need not wear jail uniforms.
“I had given an application to the jail superintendent, Thane, along with a copy of the high court order and requested him to exempt me from wearing jail uniform, but still I was not allowed to wear civil clothes,” said Shivdasan’s application. The high court had converted his application into a petition.
In February, 2009, a division bench of justice Bilal Nazki (who retired in November, 2009) and justice AR Joshi had ruled that undertrials should not be compelled to wear jail uniforms. Citing the said order, Shivdasan had approached the high court for relief
“The said rule is prima facie discriminatory. We feel that a balance needs to be struck between undertrials in murder and other crimes. A balance needs to be maintained between prisoners’ rights,” observed the court.
18.3.2010
Hindustan Times
A legal shield for him & her
Justice maybe a long time coming, but the heartening thing is that the law in India is constantly evolving to plug loopholes and correct imbalances. The latest is a draft bill that the home ministry is working on to broaden the terms of sexual crimes and make its provisions gender-neutral. The word rape is sought to be replaced with the term sexual assault in order that different forms of sexual abuse come under its umbrella.
This is important in two specific contexts. One, the courts have decriminalised homosexuality, which while being a positive step also brings rape among same sex partners under the purview of the law. The other is that there will be redressal for the boy child in cases of molestation.
A study by the ministry of women and child development shows that more boys suffer sexual abuse than girls and that one out of two children have suffered some form of molestation usually between the ages of 9 to 12. In the case of boys, only proven sodomy is an offence so far and does not take into account other forms of sexual offences or harassment. Already, the law has evolved mechanisms to lessen the trauma of child victims, providing them the means to have hearings at home. The same goes for women victims of sexual crimes.
So far, the definition of sexual crimes, particularly rape, has been in the context of women and the girl child. This seems to have led to a quantum increase in crimes against the boy child. In Delhi alone, a government study showed that far greater number of boys were abused than girls. This suggests that the boy child has little protection and that offenders have taken advantage of the gaps in the law. So far, the law has not taken other forms of sexual abuse, including verbal, seriously enough. This has encouraged offenders to get away with all manners of abuse short of rape.
The next step is to sensitise the police, the first port of call for a victim, of the changes in the law and the need to treat all forms of sexual abuse seriously and in a gender-neutral manner.
The judicial system today is such that the victim is doubly traumatised, first by the perpetrator and then by the legal system. The earlier proposal to dispose of sexual crime trials in two to three months is yet to kick in. This could go a long way towards encouraging people to come forward and report such crimes. The legislation may take time to show results. But at least the government is taking proactive steps to draft a non-discriminatory framework on sexual assault.
March 9, 2010
Child rape: Maha 3rd with 690 cases
UP Tops With 900 Crimes in 2008
New Delhi: Uttar Pradesh tops the list of states and Union Territories with the highest number of 900 child rape cases in 2008 followed by Madhya Pradesh and Maharashtra.
Home ministry data for three years says child rape cases continue to rise.
A total of 4,721 cases were registered during 2006,5,045 in 2007 and 5,446 in 2008 across the country. The police arrested 5,489 people in 2006 for involvement in such crimes,5,756 in 2007 and 6,363 in 2008.MP registered 892 such cases, Maharashtra (690),Rajasthan (420) and Andhra Pradesh (412) in 2008,the data said.
A total of 411 such cases were registered in Chhattisgarh,301 in Delhi,215 in Kerala,187 in Tamil Nadu,129 in West Bengal,106 in Punjab and 104 in Tripura.Gujarat registered 99 cases, Karnataka 97,Bihar 91,Haryana 70,Himachal 68,Orissa 65 and Goa 18.Eleven cases came to light in Arunachal,12 in Sikkim,18 in Mizoram,22 in Manipur,27 in Assam and 34 in Meghalaya.
According to the Constitution, primary responsibility of prevention, detection, registration, investigation and prosecution of crimes, including crimes against children, lies with state or Union Territory administrations, a home official said.
DARK SHADOW
Child rape cases on the rise.4,721 cases reported in 2006,5,045 in 2007,5,446 in 2008
Condition in North-East better;0 child rape cases in Nagaland, Daman and Diu, and Lakshadweep
Life term only if rape is brutal: HC
New Delhi: The Delhi high court has said that the offence of rape should be accompanied with acts of brutality to merit maximum penalty of life imprisonment for the guilty.
Reducing the punishment awarded to a tutor from life imprisonment to 10 years, a bench said the act of rape should be brutal to attract maximum punishment. The accused had raped his minor student in August 2004.
According to the FIR that was lodged on the complaint of the victims mother, she was shocked to witness the crime on returning from market as her daughter took tuitions from the accused. Interestingly, with solid medical evidence and the testimony of the mother against him, the accused Arun Kumar sought leniency in his sentencing. Kumar pleaded for a lighter prison term saying life sentence was too harsh a verdict.
The HC noted that there were no aggravating circumstances in the case and reduced Kumars term. Counsel for the accused concedes that in view of the evidence, even excluding the DNA report, there is tell tale evidence of the appellant being the tormentor of the young girl, the court observed, pointing out that just because the victim was a minor, it doesnt mean the accused be given life term. Brutality at the time of rape has to be factored in. If the rape is accompanied by acts of brutality, higher sentence should be imposed, the HC said.
HC gets tough on child rape
MUMBAI: Taking a strict view on child rapists, the Bombay high court in an important order has ruled that persons who rape a young girl should be awarded a minimum of 10 years’ imprisonment as stipulated in the law.
In case the trial court decides on a lesser term, it should give special reasons, a division bench of Justice A P Lavande and Justice P D Kode said while setting aside a four year jail term awarded to a youth who was convicted of raping a 10-year-old girl. The judges upped the punishment and sentenced Bhandara resident Dashrath Gupta to 10 years’ rigorous imprisonment (RI).
“No evidence was brought on record to justify adequate and special reasons (for awarding a lesser prison term),’’ the judges said. The court came down heavily on the sessions court for handing out a meagre sentence of four years. “The impugned judgment and order discloses total non-application of mind on the part of the learned trial judge,’’ said the HC.
Section 376 of the Indian Penal Code has a special provision while dealing with cases where a girl of under 12 years has been raped (section 376 (2) (f)—the punishment prescribed is a minimum of 10 years rigorous imprisonment. The section further says that “adequate and special reasons’’ have to be given by the trial court if it imposes a jail term of less than 10 years).
Gupta was arrested for raping a Std V student on February 13, 2006. Eight witnesses deposed during the trial. The sessions court convicted Gupta under section 376 of the IPC, without mentioning if the accused was being held guilty under section 376 (2) (f).
Additional public prosecutor T A Mirza argued that as the trial court had come to the conclusion that the victim was a 10-year-old girl, it ought to have imposed a minimum sentence of 10 years. The HC agreed that no reason was mentioned in the judgment for taking a lenient view. The court also directed him to shell out a fine of Rs 1,000.
Religious hotspot Puri is new haunt of paedophiles
Puri: Dear tourist, welcome to the land of Lord Jagannath, enjoy the beach, the sun, the sand and the sea. But keep the beach free of paedophiles, reads a poster at a budget hotel in Puris Chakratirtha area. Such posters, seen at places frequented by tourists, are just an indicator of what’s going on under cover in this holy town.
Unlike other beach tourism hubs such as Goa, Puri till less than a decade ago was not, so to say, conversant with the concept of sex tourism; it retained its distinct identity of being a Hindu pilgrim centre. Child sex abuse was virtually unheard of.
The arrest of a British national at the turn of the millennium and subsequent charges against a couple of other foreigners did raise a few eyebrows. The death of a young girl,believed to have been caused by some sexually transmitted disease, a few years ago,followed by some more reported cases including the arrest of Australian national Paul Allen in November 2008,have only added to growing suspicion that there was more to foreigners increasing preference for Puri than just sun, sea and sand. Sex could very well be the stimulant driving them to come here repeatedly.
Paedophilia cases might not come to notice easily in Puri, but it certainly exists. One can see middle-aged and old men (usually foreigners ) suspiciously moving around or dining with children, local as well from neighbouring states such as West Bengal and Andhra Pradesh, a hotelier said. It is not yet a systematic,well-organised affair in Puri, but when lakhs of people visit a small town (over 25,000 people visit Puri daily) and there are so many children belonging to the vulnerable age-group moving on their own on the beach, such things are bound to take place, he said.
NGO activists acquainted with the issue of child sex abuse even go the extent of describing Puri as a corner of the Golden Triangle which has Goa and Mayapur (in West Bengal) completing the imaginary geometrical design, and not Bhubaneswar and Konark as advertised by Orissa tourism bosses. That paedophiles are visiting Puri is to a good extent being accepted by many. But how serious is the problem
Over 100 such cases have come to light in Puri since 2000, revealed Debashis Rath,member,child welfare committee,Puri. According to him,child sex abuse in and around Pentakota,a fishing hamlet,has been reported but it is difficult to establish the charges. Whatever is happening is obviously being done very secretly,especially in clandestine shelter homes that are functioning without any registration with the authorities. We have reasons to believe that such things are going on,but unless a victim speaks up it is impossible to pin down a paedophile, he pointed out.
According to social workers, poverty,lack of adequate education facility in Pentakota area (it has one school for a population of around 40,000) and no restriction on children spending hours on the beach have increased the vulnerability of kids belonging to the 0-13 age group to such kind of abuse.
UP Tops With 900 Crimes in 2008
New Delhi: Uttar Pradesh tops the list of states and Union Territories with the highest number of 900 child rape cases in 2008 followed by Madhya Pradesh and Maharashtra.
Home ministry data for three years says child rape cases continue to rise.
A total of 4,721 cases were registered during 2006,5,045 in 2007 and 5,446 in 2008 across the country. The police arrested 5,489 people in 2006 for involvement in such crimes,5,756 in 2007 and 6,363 in 2008.MP registered 892 such cases, Maharashtra (690),Rajasthan (420) and Andhra Pradesh (412) in 2008,the data said.
A total of 411 such cases were registered in Chhattisgarh,301 in Delhi,215 in Kerala,187 in Tamil Nadu,129 in West Bengal,106 in Punjab and 104 in Tripura.Gujarat registered 99 cases, Karnataka 97,Bihar 91,Haryana 70,Himachal 68,Orissa 65 and Goa 18.Eleven cases came to light in Arunachal,12 in Sikkim,18 in Mizoram,22 in Manipur,27 in Assam and 34 in Meghalaya.
According to the Constitution, primary responsibility of prevention, detection, registration, investigation and prosecution of crimes, including crimes against children, lies with state or Union Territory administrations, a home official said.
DARK SHADOW
Child rape cases on the rise.4,721 cases reported in 2006,5,045 in 2007,5,446 in 2008
Condition in North-East better;0 child rape cases in Nagaland, Daman and Diu, and Lakshadweep
Life term only if rape is brutal: HC
New Delhi: The Delhi high court has said that the offence of rape should be accompanied with acts of brutality to merit maximum penalty of life imprisonment for the guilty.
Reducing the punishment awarded to a tutor from life imprisonment to 10 years, a bench said the act of rape should be brutal to attract maximum punishment. The accused had raped his minor student in August 2004.
According to the FIR that was lodged on the complaint of the victims mother, she was shocked to witness the crime on returning from market as her daughter took tuitions from the accused. Interestingly, with solid medical evidence and the testimony of the mother against him, the accused Arun Kumar sought leniency in his sentencing. Kumar pleaded for a lighter prison term saying life sentence was too harsh a verdict.
The HC noted that there were no aggravating circumstances in the case and reduced Kumars term. Counsel for the accused concedes that in view of the evidence, even excluding the DNA report, there is tell tale evidence of the appellant being the tormentor of the young girl, the court observed, pointing out that just because the victim was a minor, it doesnt mean the accused be given life term. Brutality at the time of rape has to be factored in. If the rape is accompanied by acts of brutality, higher sentence should be imposed, the HC said.
HC gets tough on child rape
MUMBAI: Taking a strict view on child rapists, the Bombay high court in an important order has ruled that persons who rape a young girl should be awarded a minimum of 10 years’ imprisonment as stipulated in the law.
In case the trial court decides on a lesser term, it should give special reasons, a division bench of Justice A P Lavande and Justice P D Kode said while setting aside a four year jail term awarded to a youth who was convicted of raping a 10-year-old girl. The judges upped the punishment and sentenced Bhandara resident Dashrath Gupta to 10 years’ rigorous imprisonment (RI).
“No evidence was brought on record to justify adequate and special reasons (for awarding a lesser prison term),’’ the judges said. The court came down heavily on the sessions court for handing out a meagre sentence of four years. “The impugned judgment and order discloses total non-application of mind on the part of the learned trial judge,’’ said the HC.
Section 376 of the Indian Penal Code has a special provision while dealing with cases where a girl of under 12 years has been raped (section 376 (2) (f)—the punishment prescribed is a minimum of 10 years rigorous imprisonment. The section further says that “adequate and special reasons’’ have to be given by the trial court if it imposes a jail term of less than 10 years).
Gupta was arrested for raping a Std V student on February 13, 2006. Eight witnesses deposed during the trial. The sessions court convicted Gupta under section 376 of the IPC, without mentioning if the accused was being held guilty under section 376 (2) (f).
Additional public prosecutor T A Mirza argued that as the trial court had come to the conclusion that the victim was a 10-year-old girl, it ought to have imposed a minimum sentence of 10 years. The HC agreed that no reason was mentioned in the judgment for taking a lenient view. The court also directed him to shell out a fine of Rs 1,000.
Religious hotspot Puri is new haunt of paedophiles
Puri: Dear tourist, welcome to the land of Lord Jagannath, enjoy the beach, the sun, the sand and the sea. But keep the beach free of paedophiles, reads a poster at a budget hotel in Puris Chakratirtha area. Such posters, seen at places frequented by tourists, are just an indicator of what’s going on under cover in this holy town.
Unlike other beach tourism hubs such as Goa, Puri till less than a decade ago was not, so to say, conversant with the concept of sex tourism; it retained its distinct identity of being a Hindu pilgrim centre. Child sex abuse was virtually unheard of.
The arrest of a British national at the turn of the millennium and subsequent charges against a couple of other foreigners did raise a few eyebrows. The death of a young girl,believed to have been caused by some sexually transmitted disease, a few years ago,followed by some more reported cases including the arrest of Australian national Paul Allen in November 2008,have only added to growing suspicion that there was more to foreigners increasing preference for Puri than just sun, sea and sand. Sex could very well be the stimulant driving them to come here repeatedly.
Paedophilia cases might not come to notice easily in Puri, but it certainly exists. One can see middle-aged and old men (usually foreigners ) suspiciously moving around or dining with children, local as well from neighbouring states such as West Bengal and Andhra Pradesh, a hotelier said. It is not yet a systematic,well-organised affair in Puri, but when lakhs of people visit a small town (over 25,000 people visit Puri daily) and there are so many children belonging to the vulnerable age-group moving on their own on the beach, such things are bound to take place, he said.
NGO activists acquainted with the issue of child sex abuse even go the extent of describing Puri as a corner of the Golden Triangle which has Goa and Mayapur (in West Bengal) completing the imaginary geometrical design, and not Bhubaneswar and Konark as advertised by Orissa tourism bosses. That paedophiles are visiting Puri is to a good extent being accepted by many. But how serious is the problem
Over 100 such cases have come to light in Puri since 2000, revealed Debashis Rath,member,child welfare committee,Puri. According to him,child sex abuse in and around Pentakota,a fishing hamlet,has been reported but it is difficult to establish the charges. Whatever is happening is obviously being done very secretly,especially in clandestine shelter homes that are functioning without any registration with the authorities. We have reasons to believe that such things are going on,but unless a victim speaks up it is impossible to pin down a paedophile, he pointed out.
According to social workers, poverty,lack of adequate education facility in Pentakota area (it has one school for a population of around 40,000) and no restriction on children spending hours on the beach have increased the vulnerability of kids belonging to the 0-13 age group to such kind of abuse.
February 25, 2010
21.2.2010
Times of India
Heart-to-heart? Not with parents, say youngsters
New Delhi: Are your children talking to you? It does not seem so. Fathers seem worse off when it comes to communicating with their children. Only 7% boys and 4% girls (aged 15-24) discuss “growing up’’ issues with their dad, a recently-concluded youth survey has revealed.
Mothers were equally bad when it came to their sons, with only 6% boys confiding and “discussing life’’ with them. In comparison, girls (77%) spoke more freely to their mothers, mostly about issues relating to menstruation The survey, conducted by the International Institute for Population Sciences and Population Council and endorsed by the Union health ministry, covered nearly 51,000 married and unmarried young males and females from six states— Maharashtra, Andhra Pradesh, Bihar, Jharkhand, Rajasthan and Tamil Nadu. It found that school performance, a nonsensitive topic, was the most common area of discussion between kids and parents. In contrast, more touchy topics, such as romantic relationships and reproduction, were rarely discussed with either parent (only 2% of young men and 6% of young women did so). In fact, when it came to reproductive issues, children were equally secretive with both their parents.
The findings also suggest that parents controlled the social interactions of youngsters, particularly those involving members of the opposite sex. For example, 69% of young men and 84% of young women expected parental disapproval if they brought home a friend of the opposite sex.
22.2.2010
DNA
Sympathy for one who raped a child? No
Mumbai: Rejecting the plea of inadequate defence owing to a poor legal aid counsel, a Nagpur bench of the Bombay high court last month stated no sympathy could be granted to an accused who raped a child.
The convict, Ganpat Nadekar, 60, wanted the 2007 case sent back to the trial court on grounds that he didn’t have “effective opportunity to be defended by an advocate of his own choice”. The Nagpur trial court in 2008 convicted Nadekar on charges of rape and kidnapping and sentenced him to 10 years in jail.
Nadekar, however, alleged that the legal aid counsel appointed by the court did not have time to go through the charge sheet and cross-examine witnesses effectively.
Considering the efforts made by the trial court judge to get Nadekar a lawyer, Justice AP Bhangale, in his judgment dated January 8 stated that there was “no adequate and sufficient or special reason warranting sympathy” to Nadekar.
Nadekar had raped a minor girl, studying in the Std VI, after luring her with money on May 5, 2007 in the jurisdiction of Jalalkheda police station, Nagpur district. The medical evidence also supported the prosecution.
As per the trial court records, at the time of framing of charges, Nadekar was offered legal aid. However, Nadekar refused it on grounds that he wanted to engage a private lawyer.
Justice Bhangale considered the records which indicated that Nadekar didn’t hire a lawyer despite being given ‘ample’ time to do so. Eventually, Nadekar accepted the legal aid counsel appointed by the court.
“It is not a case where the appellant had requested the trial court to be represented by a particular private lawyer of his choice and that such a prayer was rejected. Hence, there is no question of infringement of his fundamental right,” stated the judgment.
The judge also noted that courts are expected to deal with cases of sexual crime very sensitively and they need to be “dealt with sternly and severely”.
22.2.2010
Times of India
Sex before 15, girls pip boys: Study
NEW DELHI: This could come as a shocker for those resisting introduction of sex education in Indian schools.Premarital sex has been found to be common among young men but
• a higher percentage of women aged 15-24 years have had sex before reaching the age of 15.
A large scale youth survey conducted under the aegis of the Union health ministry in the six states of Andhra Pradesh, Bihar, Jharkhand, Maharashtra, Rajasthan and Tamil Nadu has thrown up some interesting findings.
• Around 15% of young men and 4% young women interviewed admitted to having pre-marital sex.
• Shockingly, 24% of the women had premarital sex for the first time before age 15 compared to 9% men.
• Premarital sex was also found to be more common in rural India. According to the report prepared by Population Council, Delhi, and International Institute of Population Sciences, Mumbai,
• youth in rural areas were also more likely than those in urban areas to have initiated a pre-marital romantic relationship at age 15 (29% compared to 17% among young men, and 46% compared to 31% among young women).
• Around 6% of rural youth compared to 1% of urban youth had their sexual debut before age 18.
• Over 26% of young men and 40% of young women reported that they had spent time alone with their first romantic partner at age 15 or below. Many of the pre-marital sexual experiences reported by the youth were risky.
• Around 25% of young men and 21% of young women reporting pre-marital sex had sex with more than one partner.
• Moreover, consistent condom use was limited only 13% of young men and 3% of young women reported condom use in all pre-marital encounters.
While sexual relations were generally unsafe across all the six states, some notable state-level differences were found. For example, among young men,
• multiple partner relations were reported by 32% in five of the six states, but by relatively few (14%) in Rajasthan.
Releasing the study, Union health minister Ghulam Nabi Azad said young people in India face multiple risks associated with sexual and reproductive health that include pregnancy related morbidity and mortality, delayed abortion seeking, unmet contraceptive need and lack of knowledge to make informed decisions.
• "One-third of the total reported AIDS cases are below the age of 29 years. More than 8% of young people in the age group of 15-19 years have experimented with sex either before or outside marriage.
• And only 37% of young men and 45% of young women knew that a woman can get pregnant at first sex.
It is, therefore, of utmost importance that India addresses the challenges of youth effectively," Azad said. The surveyors spoke to nearly 51,000 married and unmarried young males and females for this youth study. The survey found that
• significant minorities of young men and women had made or received a proposal for a romantic relationship (23%) before marriage,
• with one in four such relationships progressing to becoming sexual.
• The first reported romantic partner was typically a neighbour or friend (reported by 33% of young men and women), a fellow student or colleague (reported by 30% of young men and 16% of young women) or an acquaintance from outside the village/neighbourhood (reported by 25% of young men and 19% of young women).
• Around 27% of young women compared to 9% of young men reported that their first pre-marital partner was a relative.
• As far as consensuality of first sex is concerned, a larger percentage of young men than young women reported that their first experience of pre-marital sex was mutually consensual (76% versus 66%).
• One in seven young women (14%) reported that their partner had forced them to have sex the first time.
Times of India
Heart-to-heart? Not with parents, say youngsters
New Delhi: Are your children talking to you? It does not seem so. Fathers seem worse off when it comes to communicating with their children. Only 7% boys and 4% girls (aged 15-24) discuss “growing up’’ issues with their dad, a recently-concluded youth survey has revealed.
Mothers were equally bad when it came to their sons, with only 6% boys confiding and “discussing life’’ with them. In comparison, girls (77%) spoke more freely to their mothers, mostly about issues relating to menstruation The survey, conducted by the International Institute for Population Sciences and Population Council and endorsed by the Union health ministry, covered nearly 51,000 married and unmarried young males and females from six states— Maharashtra, Andhra Pradesh, Bihar, Jharkhand, Rajasthan and Tamil Nadu. It found that school performance, a nonsensitive topic, was the most common area of discussion between kids and parents. In contrast, more touchy topics, such as romantic relationships and reproduction, were rarely discussed with either parent (only 2% of young men and 6% of young women did so). In fact, when it came to reproductive issues, children were equally secretive with both their parents.
The findings also suggest that parents controlled the social interactions of youngsters, particularly those involving members of the opposite sex. For example, 69% of young men and 84% of young women expected parental disapproval if they brought home a friend of the opposite sex.
22.2.2010
DNA
Sympathy for one who raped a child? No
Mumbai: Rejecting the plea of inadequate defence owing to a poor legal aid counsel, a Nagpur bench of the Bombay high court last month stated no sympathy could be granted to an accused who raped a child.
The convict, Ganpat Nadekar, 60, wanted the 2007 case sent back to the trial court on grounds that he didn’t have “effective opportunity to be defended by an advocate of his own choice”. The Nagpur trial court in 2008 convicted Nadekar on charges of rape and kidnapping and sentenced him to 10 years in jail.
Nadekar, however, alleged that the legal aid counsel appointed by the court did not have time to go through the charge sheet and cross-examine witnesses effectively.
Considering the efforts made by the trial court judge to get Nadekar a lawyer, Justice AP Bhangale, in his judgment dated January 8 stated that there was “no adequate and sufficient or special reason warranting sympathy” to Nadekar.
Nadekar had raped a minor girl, studying in the Std VI, after luring her with money on May 5, 2007 in the jurisdiction of Jalalkheda police station, Nagpur district. The medical evidence also supported the prosecution.
As per the trial court records, at the time of framing of charges, Nadekar was offered legal aid. However, Nadekar refused it on grounds that he wanted to engage a private lawyer.
Justice Bhangale considered the records which indicated that Nadekar didn’t hire a lawyer despite being given ‘ample’ time to do so. Eventually, Nadekar accepted the legal aid counsel appointed by the court.
“It is not a case where the appellant had requested the trial court to be represented by a particular private lawyer of his choice and that such a prayer was rejected. Hence, there is no question of infringement of his fundamental right,” stated the judgment.
The judge also noted that courts are expected to deal with cases of sexual crime very sensitively and they need to be “dealt with sternly and severely”.
22.2.2010
Times of India
Sex before 15, girls pip boys: Study
NEW DELHI: This could come as a shocker for those resisting introduction of sex education in Indian schools.Premarital sex has been found to be common among young men but
• a higher percentage of women aged 15-24 years have had sex before reaching the age of 15.
A large scale youth survey conducted under the aegis of the Union health ministry in the six states of Andhra Pradesh, Bihar, Jharkhand, Maharashtra, Rajasthan and Tamil Nadu has thrown up some interesting findings.
• Around 15% of young men and 4% young women interviewed admitted to having pre-marital sex.
• Shockingly, 24% of the women had premarital sex for the first time before age 15 compared to 9% men.
• Premarital sex was also found to be more common in rural India. According to the report prepared by Population Council, Delhi, and International Institute of Population Sciences, Mumbai,
• youth in rural areas were also more likely than those in urban areas to have initiated a pre-marital romantic relationship at age 15 (29% compared to 17% among young men, and 46% compared to 31% among young women).
• Around 6% of rural youth compared to 1% of urban youth had their sexual debut before age 18.
• Over 26% of young men and 40% of young women reported that they had spent time alone with their first romantic partner at age 15 or below. Many of the pre-marital sexual experiences reported by the youth were risky.
• Around 25% of young men and 21% of young women reporting pre-marital sex had sex with more than one partner.
• Moreover, consistent condom use was limited only 13% of young men and 3% of young women reported condom use in all pre-marital encounters.
While sexual relations were generally unsafe across all the six states, some notable state-level differences were found. For example, among young men,
• multiple partner relations were reported by 32% in five of the six states, but by relatively few (14%) in Rajasthan.
Releasing the study, Union health minister Ghulam Nabi Azad said young people in India face multiple risks associated with sexual and reproductive health that include pregnancy related morbidity and mortality, delayed abortion seeking, unmet contraceptive need and lack of knowledge to make informed decisions.
• "One-third of the total reported AIDS cases are below the age of 29 years. More than 8% of young people in the age group of 15-19 years have experimented with sex either before or outside marriage.
• And only 37% of young men and 45% of young women knew that a woman can get pregnant at first sex.
It is, therefore, of utmost importance that India addresses the challenges of youth effectively," Azad said. The surveyors spoke to nearly 51,000 married and unmarried young males and females for this youth study. The survey found that
• significant minorities of young men and women had made or received a proposal for a romantic relationship (23%) before marriage,
• with one in four such relationships progressing to becoming sexual.
• The first reported romantic partner was typically a neighbour or friend (reported by 33% of young men and women), a fellow student or colleague (reported by 30% of young men and 16% of young women) or an acquaintance from outside the village/neighbourhood (reported by 25% of young men and 19% of young women).
• Around 27% of young women compared to 9% of young men reported that their first pre-marital partner was a relative.
• As far as consensuality of first sex is concerned, a larger percentage of young men than young women reported that their first experience of pre-marital sex was mutually consensual (76% versus 66%).
• One in seven young women (14%) reported that their partner had forced them to have sex the first time.
February 23, 2010
15.2.2010
Times of India
Rape victims claim not always true: SC
New Delhi: The Supreme Court has held that a rape victims testimony cannot be considered the absolute truth, though its her statement that has to be relied upon in most cases.
A bench of Justice H S Bedi and Justice J M Panchal said while primacy had to be given to the victims statement, it could not be presumed that she was telling the ultimate truth as the charge had to be proved beyond reasonable doubt as in any other criminal case.
We know that in a rape case, the victims statement must be given primary consideration . But at the same time, the principle that the prosecution has to prove its case beyond reasonable doubt applies equally to rape as any other criminal case and there can be no presumption that a prosecutrix would always tell the entire incident truthfully, the apex court said in an order.
The court passed the observation while acquitting one of the three accused , Abbas Ahmad Chowdhary, charged with raping a minor girl. The incident goes back to September 15, 1997, when the accused-appellants , Md Mizazul Haq, Abbas Ahmad Choudhury and Ranju Daswho is abscondingraped the victim after forcibly taking her to a tea estate in Jalalpur.
13.2.2010
DNA
Sex for lure isn't consensual
Luring a young girl into having sex for a favour in return cannot be called sex by consent, the Bombay high court ruled on Wednesday.
Upholding the conviction of Sanjay Gondchar, a teacher from a school in Amravati, the Nagpur bench of the court observed, “The appellant exploited the prosecutrix’s mindset and allured her to sexual intercourse. Under these circumstances, her consent for the sexual intercourse with the appellant [Gondchar], who was her teacher, cannot be labeled as a free consent.”
Gondchar was convicted for committing rape on his 16-year-old student by promising to help her pass her examinations. Challenging his conviction and five-year jail sentence before the high court, Gondchar had contended that the sexual intercourse between him and the girl did not amount to rape, as the girl had consented to the affair.
However, in her statement before the trial court, the teenaged victim had said that Gondchar told her: “If you allow me to do this to you, I will pass you with good marks. Further in X standard also...I will get good marks for you.”
She said that in March 2006, Gondchar had sent a message through her friend and called her to his house. According to her statement, he had a sexual intercourse with her against the promise of good marks in her examination.
“One cannot be oblivious of the mindset of an adolescent girl,” justice AP Bhangale said in his order. He added, “The allurement by the appellant could be enough for her to entertain a dream of passing the examination with flying colours.”
16.2.2010
Times of India
Most women blame victims for rape, says British survey
LONDON: More than half of women believe that the rape victims are more responsible for the attack on them than the rapists, according to a new British survey.
The survey of 1,000 adults found 54% of women — mostly those aged between 18 and 24 years — believe rape victims should be held accountable for the attacks. Over 24% of this age group said wearing a short skirt, accepting a drink or having conversation with the rapist made victims partly responsible.
Nearly a fifth of women thought the victim was at fault if she went back to the attacker’s house, while more than one in ten — 13% — said dancing provocatively or flirting made them partly responsible. According to sexual assault clinics that carried out the poll, this blame culture is deterring victims from reporting the crime.
The ‘Wake Up To Rape’ report also found that 14% of women believe most rape claims were made up. Alarmingly, the survey also found that one in three men claimed they didn’t think it was rape if they made their partner have sex when they didn’t want to, the Daily Mail reported. The poll also found one in five women wouldn’t report a rape to the police, with half of these saying they would be ashamed.
17.2.2010
DNA
My daughter went through mental agony: German rape victim's mother
Panaji: The German minor girl who was allegedly sexually abused by a Goa minister’s son went through mental agony and had to be referred for psychiatric care after the incident, her mother said. One day I prevented my daughter from going out so that she should not remain out late night, she assaulted me with a knife, I recollect this unfortunate incident of assault on me by my daughter took place on the very next day of filing my complaint on October 2, 2008," the mother told the court.
The infamous German rape case involving state education minister Atanasio Monserratte’s son, Rohit, came up for hearing before the children’s court this week. The mother was cross examined by senior counsel Ram Jethmalani, who represented Rohit in this case, which had hit headlines in 2008.
She said that on the next day, when complaint was filed, the 14-year-old victim broke many things from the house in anger and assaulted me again because I went to the police station to file a complaint against Rohit. "She was accusing me of destroying her friendship not with the accused but with friends in general," the mother said.
The deposition before the court revealed that the victim had to be referred to Institute of Psychiatry and Human Behaviour (IPHB) from September 17, 2008 to September 23, 2008, when the victim started behaving violently and even tried slitting her wrist. The mother, according to her deposition, for the first time saw lewd messages sent from Rohit’s number on her daughter’s cell during her stay in IPHB. I had an opportunity to read the messages received on the mobilephone of my daughter and some of the messages were regarding sex and were rather obscene," she said.
The mother had lodged police complaint on October 2, 2008 but was registered only on October 14, 2008 after intense media pressure.
Times of India
Rape victims claim not always true: SC
New Delhi: The Supreme Court has held that a rape victims testimony cannot be considered the absolute truth, though its her statement that has to be relied upon in most cases.
A bench of Justice H S Bedi and Justice J M Panchal said while primacy had to be given to the victims statement, it could not be presumed that she was telling the ultimate truth as the charge had to be proved beyond reasonable doubt as in any other criminal case.
We know that in a rape case, the victims statement must be given primary consideration . But at the same time, the principle that the prosecution has to prove its case beyond reasonable doubt applies equally to rape as any other criminal case and there can be no presumption that a prosecutrix would always tell the entire incident truthfully, the apex court said in an order.
The court passed the observation while acquitting one of the three accused , Abbas Ahmad Chowdhary, charged with raping a minor girl. The incident goes back to September 15, 1997, when the accused-appellants , Md Mizazul Haq, Abbas Ahmad Choudhury and Ranju Daswho is abscondingraped the victim after forcibly taking her to a tea estate in Jalalpur.
13.2.2010
DNA
Sex for lure isn't consensual
Luring a young girl into having sex for a favour in return cannot be called sex by consent, the Bombay high court ruled on Wednesday.
Upholding the conviction of Sanjay Gondchar, a teacher from a school in Amravati, the Nagpur bench of the court observed, “The appellant exploited the prosecutrix’s mindset and allured her to sexual intercourse. Under these circumstances, her consent for the sexual intercourse with the appellant [Gondchar], who was her teacher, cannot be labeled as a free consent.”
Gondchar was convicted for committing rape on his 16-year-old student by promising to help her pass her examinations. Challenging his conviction and five-year jail sentence before the high court, Gondchar had contended that the sexual intercourse between him and the girl did not amount to rape, as the girl had consented to the affair.
However, in her statement before the trial court, the teenaged victim had said that Gondchar told her: “If you allow me to do this to you, I will pass you with good marks. Further in X standard also...I will get good marks for you.”
She said that in March 2006, Gondchar had sent a message through her friend and called her to his house. According to her statement, he had a sexual intercourse with her against the promise of good marks in her examination.
“One cannot be oblivious of the mindset of an adolescent girl,” justice AP Bhangale said in his order. He added, “The allurement by the appellant could be enough for her to entertain a dream of passing the examination with flying colours.”
16.2.2010
Times of India
Most women blame victims for rape, says British survey
LONDON: More than half of women believe that the rape victims are more responsible for the attack on them than the rapists, according to a new British survey.
The survey of 1,000 adults found 54% of women — mostly those aged between 18 and 24 years — believe rape victims should be held accountable for the attacks. Over 24% of this age group said wearing a short skirt, accepting a drink or having conversation with the rapist made victims partly responsible.
Nearly a fifth of women thought the victim was at fault if she went back to the attacker’s house, while more than one in ten — 13% — said dancing provocatively or flirting made them partly responsible. According to sexual assault clinics that carried out the poll, this blame culture is deterring victims from reporting the crime.
The ‘Wake Up To Rape’ report also found that 14% of women believe most rape claims were made up. Alarmingly, the survey also found that one in three men claimed they didn’t think it was rape if they made their partner have sex when they didn’t want to, the Daily Mail reported. The poll also found one in five women wouldn’t report a rape to the police, with half of these saying they would be ashamed.
17.2.2010
DNA
My daughter went through mental agony: German rape victim's mother
Panaji: The German minor girl who was allegedly sexually abused by a Goa minister’s son went through mental agony and had to be referred for psychiatric care after the incident, her mother said. One day I prevented my daughter from going out so that she should not remain out late night, she assaulted me with a knife, I recollect this unfortunate incident of assault on me by my daughter took place on the very next day of filing my complaint on October 2, 2008," the mother told the court.
The infamous German rape case involving state education minister Atanasio Monserratte’s son, Rohit, came up for hearing before the children’s court this week. The mother was cross examined by senior counsel Ram Jethmalani, who represented Rohit in this case, which had hit headlines in 2008.
She said that on the next day, when complaint was filed, the 14-year-old victim broke many things from the house in anger and assaulted me again because I went to the police station to file a complaint against Rohit. "She was accusing me of destroying her friendship not with the accused but with friends in general," the mother said.
The deposition before the court revealed that the victim had to be referred to Institute of Psychiatry and Human Behaviour (IPHB) from September 17, 2008 to September 23, 2008, when the victim started behaving violently and even tried slitting her wrist. The mother, according to her deposition, for the first time saw lewd messages sent from Rohit’s number on her daughter’s cell during her stay in IPHB. I had an opportunity to read the messages received on the mobilephone of my daughter and some of the messages were regarding sex and were rather obscene," she said.
The mother had lodged police complaint on October 2, 2008 but was registered only on October 14, 2008 after intense media pressure.
February 9, 2010
DNA
1.2.2010
For Australian students, oral sex 'has become the new kissing
Melbourne: Teachers at a primary school in Tasmania, Australia are worried over students talking about having oral sex.
Roz Madsen from the Australian Education Union said that the teachers are increasingly overhearing kids in grades as low as 4 and 5 boast about having oral sex, using explicit language.
Madsen added that teachers "felt helpless" at how to deal with the problem, The Mercury reported.
"The students are talking about what they have done on the weekend, sexual experiences that they are having. It seems to be happening at earlier ages," News.com.au quoted her as saying.
She added: "They are talking about oral sex and saying they are doing it. Who knows if they are or are just boasting, I hope they are not.
"And the language as well, it's quite explicit, nothing is left to the imagination."
Also, Family Planning Tasmania's chief executive Sue Williams, said: "Oral sex has become the new kissing. It's easy and you don't get pregnant."
Family Planning, the AEU and other groups including Parents and Friends and Relationships Australia will voice for sex and relationship education to be part of the
DNA
1.2.2010
Beauty guru Leslie Kenton was raped at 11 by her dad, says memoir
London, Jan 31 (IANS) Beauty guru Leslie Kenton has revealed in her new memoir “Love Affair” for the first time that she was raped by her own father when she was 11 and that the secret incest lasted until she was 13.
It was June, four years ago, when Kenton first contemplated writing about her childhood and “Love Affair” gives full extent of the horrors and the secret incest at its heart, dailymial.co.uk reports.
“My friend Gail Rebuck, who was my first editor and is now the chairman of Random House, told me, ‘You need to write a memoir.’ I said, ‘Gail, I can’t. No one would believe it, and the tabloids would go wild.’ And Gail said, ‘Who cares? This book will be the bridge between what you have done before and the work you will do afterwards.’”
For decades, there have been hints that the woman known as the high priestess of the real beauty movement – she advocated high-raw, high-vegetable diets and detoxifying way back in the 70s, created the Origins range and imported the skincare tablet Imedeen to Britain – had built her luminous present from a murkier past.
Talking about the book, Kenton said: “It ripped me to shreds”.
The book reveals that during the summer of 1952, Kenton met her father Stanley on tour, sharing his hotel room, sleeping back to back. While touring with his dance band, he was drinking heavily and Kenton who was just 10 was trying to police her dad. He was, in many ways, treating her as a substitute for his wife Violet. One night the final boundary was crossed and he raped his daughter. It was the beginning of an incestuous relationship that lasted until she was 13.
During visits, the days were as sunny as ever. They shared a unique exhilaration when together. Some nights he left her alone.
“I believe he tried his best to resist touching me. Then, drowning in a sea of alcohol, he would come to my bed, only to deny the next morning that he’d been there. This was not cynical. Stanley had become so skilled in keeping secrets he could hide his guiltiest one even from himself.
“He was born into guilt. As a child, he was taught by his mother, ‘There’s something wrong with you, Stanley.’ From talking to relatives, Leslie has learnt of a highly dysfunctional family with a history of manipulation, neglect and bizarre cult-like rituals.
“I do not know how to express the damage that a family like this does. This is a disease that’s passed on. Some people survive it and others are deeply damaged.”
Kenton thinks her father experienced a condition known as dissociative identity disorder, involving selective amnesia, which she also developed as she blocked out the incest.
While working on the book, Kenton retreated to her rambling house perched atop an extinct volcano on New Zealand’s South Island.
“Love Affair” is dedicated to her father – ‘For Stanley, with all my love’ – a tribute as startling as it is sincere.
4.2.2010
DNA / Times of India
Victim of child porn goes after viewers for damages
When Amy was a little girl, her uncle made her famous in the worst way: as a star in the netherworld of child pornography. Photographs and videos
known as “the Misty series” depicting her abuse have circulated on the internet for more than 10 years, and often turn up in the collections of those arrested for possession of illegal images.
Now, with the help of an inventive lawyer, the young woman known as Amy — real name changed — is fighting back. She is demanding that everyone convicted of possessing even a single Misty image pay her damages until her total claim of $3.4 million has been met.
Some experts argue that forcing payment from people who do not produce such images but only possess them goes too far. The issue is part of a larger debate over fairness in sentencing sex offenders. For years, lawmakers have reasoned that virtually no punishment was too severe for such criminals; even statutory limits on sentencing were often exceeded.
Now some courts have begun to push back, saying these heavy sentences are improper, and a new emphasis has arisen on making sex offenders pay monetary damages for their crimes.
Amy’s uncle is now in prison, but she is regularly reminded of his abuse whenever the government notifies her that her photos have turned up in yet another prosecution. Over 800 of the notices have arrived at Amy’s home since 2005.
Those notices disturb Amy when they arrive, but Marsh saw an opportunity: he could demand restitution. He had Amy write a victim-impact statement and hired a psychologist to evaluate her. Economists developed a tally of damages and the total came to $3,367,854.
Lanny Breuer, assistant attorney general for the criminal division at the Justice Department urged judges not to let “practical and administrative challenges” to the restitution issue “drive a policy position that directly or indirectly suggests that possession of child porn is a victimless crime
DNA
2.2.2010
One in four kids sends or receives porn via email
One in four children receives or sends explicit material over the Internet, says a survey.
The research by broadband provider TalkTalk found that out of 500 kids quizzed, one in 20, aged between six and 15, had contacted a stranger via webcam and one in 50 had met a stranger they first contacted online.
More than six out of 10 said they misled their parents into believing they were doing something else online and over half said they deleted the history of their visited websites to keep their family in the dark, reports The Telegraph.
Prof Tanya Byron, child psychologist and broadcaster, oversaw the TalkTalk research which also discovered that one in nine children had either bullied someone online or been bullied themselves.
Prof Byron said: "It's crucial that parents educate themselves about what's going on online and what their kids are doing there
1.2.2010
For Australian students, oral sex 'has become the new kissing
Melbourne: Teachers at a primary school in Tasmania, Australia are worried over students talking about having oral sex.
Roz Madsen from the Australian Education Union said that the teachers are increasingly overhearing kids in grades as low as 4 and 5 boast about having oral sex, using explicit language.
Madsen added that teachers "felt helpless" at how to deal with the problem, The Mercury reported.
"The students are talking about what they have done on the weekend, sexual experiences that they are having. It seems to be happening at earlier ages," News.com.au quoted her as saying.
She added: "They are talking about oral sex and saying they are doing it. Who knows if they are or are just boasting, I hope they are not.
"And the language as well, it's quite explicit, nothing is left to the imagination."
Also, Family Planning Tasmania's chief executive Sue Williams, said: "Oral sex has become the new kissing. It's easy and you don't get pregnant."
Family Planning, the AEU and other groups including Parents and Friends and Relationships Australia will voice for sex and relationship education to be part of the
DNA
1.2.2010
Beauty guru Leslie Kenton was raped at 11 by her dad, says memoir
London, Jan 31 (IANS) Beauty guru Leslie Kenton has revealed in her new memoir “Love Affair” for the first time that she was raped by her own father when she was 11 and that the secret incest lasted until she was 13.
It was June, four years ago, when Kenton first contemplated writing about her childhood and “Love Affair” gives full extent of the horrors and the secret incest at its heart, dailymial.co.uk reports.
“My friend Gail Rebuck, who was my first editor and is now the chairman of Random House, told me, ‘You need to write a memoir.’ I said, ‘Gail, I can’t. No one would believe it, and the tabloids would go wild.’ And Gail said, ‘Who cares? This book will be the bridge between what you have done before and the work you will do afterwards.’”
For decades, there have been hints that the woman known as the high priestess of the real beauty movement – she advocated high-raw, high-vegetable diets and detoxifying way back in the 70s, created the Origins range and imported the skincare tablet Imedeen to Britain – had built her luminous present from a murkier past.
Talking about the book, Kenton said: “It ripped me to shreds”.
The book reveals that during the summer of 1952, Kenton met her father Stanley on tour, sharing his hotel room, sleeping back to back. While touring with his dance band, he was drinking heavily and Kenton who was just 10 was trying to police her dad. He was, in many ways, treating her as a substitute for his wife Violet. One night the final boundary was crossed and he raped his daughter. It was the beginning of an incestuous relationship that lasted until she was 13.
During visits, the days were as sunny as ever. They shared a unique exhilaration when together. Some nights he left her alone.
“I believe he tried his best to resist touching me. Then, drowning in a sea of alcohol, he would come to my bed, only to deny the next morning that he’d been there. This was not cynical. Stanley had become so skilled in keeping secrets he could hide his guiltiest one even from himself.
“He was born into guilt. As a child, he was taught by his mother, ‘There’s something wrong with you, Stanley.’ From talking to relatives, Leslie has learnt of a highly dysfunctional family with a history of manipulation, neglect and bizarre cult-like rituals.
“I do not know how to express the damage that a family like this does. This is a disease that’s passed on. Some people survive it and others are deeply damaged.”
Kenton thinks her father experienced a condition known as dissociative identity disorder, involving selective amnesia, which she also developed as she blocked out the incest.
While working on the book, Kenton retreated to her rambling house perched atop an extinct volcano on New Zealand’s South Island.
“Love Affair” is dedicated to her father – ‘For Stanley, with all my love’ – a tribute as startling as it is sincere.
4.2.2010
DNA / Times of India
Victim of child porn goes after viewers for damages
When Amy was a little girl, her uncle made her famous in the worst way: as a star in the netherworld of child pornography. Photographs and videos
known as “the Misty series” depicting her abuse have circulated on the internet for more than 10 years, and often turn up in the collections of those arrested for possession of illegal images.
Now, with the help of an inventive lawyer, the young woman known as Amy — real name changed — is fighting back. She is demanding that everyone convicted of possessing even a single Misty image pay her damages until her total claim of $3.4 million has been met.
Some experts argue that forcing payment from people who do not produce such images but only possess them goes too far. The issue is part of a larger debate over fairness in sentencing sex offenders. For years, lawmakers have reasoned that virtually no punishment was too severe for such criminals; even statutory limits on sentencing were often exceeded.
Now some courts have begun to push back, saying these heavy sentences are improper, and a new emphasis has arisen on making sex offenders pay monetary damages for their crimes.
Amy’s uncle is now in prison, but she is regularly reminded of his abuse whenever the government notifies her that her photos have turned up in yet another prosecution. Over 800 of the notices have arrived at Amy’s home since 2005.
Those notices disturb Amy when they arrive, but Marsh saw an opportunity: he could demand restitution. He had Amy write a victim-impact statement and hired a psychologist to evaluate her. Economists developed a tally of damages and the total came to $3,367,854.
Lanny Breuer, assistant attorney general for the criminal division at the Justice Department urged judges not to let “practical and administrative challenges” to the restitution issue “drive a policy position that directly or indirectly suggests that possession of child porn is a victimless crime
DNA
2.2.2010
One in four kids sends or receives porn via email
One in four children receives or sends explicit material over the Internet, says a survey.
The research by broadband provider TalkTalk found that out of 500 kids quizzed, one in 20, aged between six and 15, had contacted a stranger via webcam and one in 50 had met a stranger they first contacted online.
More than six out of 10 said they misled their parents into believing they were doing something else online and over half said they deleted the history of their visited websites to keep their family in the dark, reports The Telegraph.
Prof Tanya Byron, child psychologist and broadcaster, oversaw the TalkTalk research which also discovered that one in nine children had either bullied someone online or been bullied themselves.
Prof Byron said: "It's crucial that parents educate themselves about what's going on online and what their kids are doing there
January 21, 2010
Jan 15, 2010
Times of India
We need a separate set of child laws
Pinki Virani (Ruchika Rathore case) - Winner of a national award for Bitter Chocolate, an eye-opener book on child sexual abuse, author-activist Pinki Virani tells Nandita Sengupta the nation has let down its children in the Ruchika Girhotra case.
You have said that government response to the Girhotra case is appalling.
In the national outrage on Ruchika, government has missed the woods for the trees. I'm appalled that the law minister says we will now strengthen the molestation law. He doesn't realise that a child is not an adult and it's not only girls who are abused. Boys are lost in the national discourse on molestation. For one, the molestation law does not cover boys. Cutting across all classes, 25 per cent boys are sexually abused at any point in time. That means one in four under-16 boys. The count is 40 per cent for girls, but don't ignore the boys. We need a separate set of child laws. The nation is in complete denial about child abuse. Statistics of missing children are staggering. Where do they go? Instead of looking at real reform, government is seized by this molestation law, playing adult games.
What would be the ambit of child laws?
Child protection laws would include any crime inflicted on a child by an adult: sexual and porn, physical and emotional, ragging, corporal punishment. Within this, you recognise differences: family abuse and outsider abuse. Right now, judges use their discretion to let off molesters from within family with shorter sentences. So merely increasing punishment on paper or increasing number of women in the force, as the minister has suggested, is no solution. New laws that recognise various issues around child abuse are need of the hour. International police is worried that India has become a paedophile hub. It is easy to pull our children into international porn racket because we have no laws. Even if the paedophilia racket hasn't reached middle and upper class homes yet, it has certainly reached every street kid.
But laws apart, to encourage reporting of abuse, we need a child protection court. That only means the child doesn't go to a kacheri. He goes to any normal room where there are toys, the judge sits casually, not behind a bench. The atmosphere is relaxed, and the child's testimony is taken down only once on video. The perpetrator is not present in the room. All this doesn't take any extra money. It takes political will and parental demand.
How can laws help if mindsets don't change?
Child sexual abuse is never going to cease, until the adult in a position of power realises that responsibility is not about abuse. We need adult awareness of boundaries especially when it comes to the child. Who puts these boundaries: families. Families protect their children. But the ignorance is such that you teach children to cross the road but you're not teaching them to protect themselves from anything else.
Times of India
We need a separate set of child laws
Pinki Virani (Ruchika Rathore case) - Winner of a national award for Bitter Chocolate, an eye-opener book on child sexual abuse, author-activist Pinki Virani tells Nandita Sengupta the nation has let down its children in the Ruchika Girhotra case.
You have said that government response to the Girhotra case is appalling.
In the national outrage on Ruchika, government has missed the woods for the trees. I'm appalled that the law minister says we will now strengthen the molestation law. He doesn't realise that a child is not an adult and it's not only girls who are abused. Boys are lost in the national discourse on molestation. For one, the molestation law does not cover boys. Cutting across all classes, 25 per cent boys are sexually abused at any point in time. That means one in four under-16 boys. The count is 40 per cent for girls, but don't ignore the boys. We need a separate set of child laws. The nation is in complete denial about child abuse. Statistics of missing children are staggering. Where do they go? Instead of looking at real reform, government is seized by this molestation law, playing adult games.
What would be the ambit of child laws?
Child protection laws would include any crime inflicted on a child by an adult: sexual and porn, physical and emotional, ragging, corporal punishment. Within this, you recognise differences: family abuse and outsider abuse. Right now, judges use their discretion to let off molesters from within family with shorter sentences. So merely increasing punishment on paper or increasing number of women in the force, as the minister has suggested, is no solution. New laws that recognise various issues around child abuse are need of the hour. International police is worried that India has become a paedophile hub. It is easy to pull our children into international porn racket because we have no laws. Even if the paedophilia racket hasn't reached middle and upper class homes yet, it has certainly reached every street kid.
But laws apart, to encourage reporting of abuse, we need a child protection court. That only means the child doesn't go to a kacheri. He goes to any normal room where there are toys, the judge sits casually, not behind a bench. The atmosphere is relaxed, and the child's testimony is taken down only once on video. The perpetrator is not present in the room. All this doesn't take any extra money. It takes political will and parental demand.
How can laws help if mindsets don't change?
Child sexual abuse is never going to cease, until the adult in a position of power realises that responsibility is not about abuse. We need adult awareness of boundaries especially when it comes to the child. Who puts these boundaries: families. Families protect their children. But the ignorance is such that you teach children to cross the road but you're not teaching them to protect themselves from anything else.
6th Jan, 2010
DNA
Airport scanners may break child porn laws
The new body scanners introduced at UK's airports threaten to breach child-protection laws, which ban the creation of indecent images of children . Images too graphic, say UK's privacy campaigners. Govt faces demands to exempt under-18s from scans.
However, Stephen Phispson, president of Smiths Detection, the world's largest maker of full-body scanners insists that the machines only show outlines - blurred images, and that they are far less intrusive than the traditional pat down of the body.
DNA
Airport scanners may break child porn laws
The new body scanners introduced at UK's airports threaten to breach child-protection laws, which ban the creation of indecent images of children . Images too graphic, say UK's privacy campaigners. Govt faces demands to exempt under-18s from scans.
However, Stephen Phispson, president of Smiths Detection, the world's largest maker of full-body scanners insists that the machines only show outlines - blurred images, and that they are far less intrusive than the traditional pat down of the body.
Jan 2nd, 2010
Times of India
Crimes against women rise fastest /
Ruchikas Abound Thanks To Tardy Investigation
Ruchika Girhotras case may be a particularly outrageous example, but things have been getting progressively worse for women in India. Official data shows that crimes against them are rising faster than any other crime. What is worse, investigation of anti-women offences is also tardier than most others.
In 2007, the year for which latest data is available from the National Crime Records Bureau (NCRB), seven of the ten fastest rising crimes in India were against women. While the incidence of all cognizable crimes under the IPC rose by under 5% over the previous year, dowry deaths registered an increase of 15%, cruelty by husband and relatives of 14%, kidnapping and abduction of females by 13%, importation of girls by 12% and sexual harassment by 11%. Rape and molestation cases grew by a more modest 6-7 %, but even that was higher than the average rate.
Despite the rising cases of crimes against women, they would appear to be not in the priority list of the investigating agencies. The NCRB data shows that investigation starts within the same year in only one out of 10 sexual harassment cases and only two out of 10 cases of molestation or cruelty by husbands and relatives. Similarly, only 3 out of 10 rapes and dowry deaths are investigated within the same year.
Delayed investigation, it need hardly be emphasised, not only frustrates the victim but also provides an opportunity to the accused to use his clout in influencing the investigation, as evident in the Ruchika case.
With one in every two brought to trial getting convicted, sexual harassment might have the highest conviction rate among the 22 major crime heads tabulated in the NCRBs Crime in India 2007, but this may have something to do with the fact that sexual harassment is the least severe of all crimes committed against women with the maximum punishment being simple imprisonment for one year, or a fine, or both. For the other crimes against women, the conviction rates are lower than the 35.8% average conviction rate for all cognizable crimes under IPC.
Times of India
Crimes against women rise fastest /
Ruchikas Abound Thanks To Tardy Investigation
Ruchika Girhotras case may be a particularly outrageous example, but things have been getting progressively worse for women in India. Official data shows that crimes against them are rising faster than any other crime. What is worse, investigation of anti-women offences is also tardier than most others.
In 2007, the year for which latest data is available from the National Crime Records Bureau (NCRB), seven of the ten fastest rising crimes in India were against women. While the incidence of all cognizable crimes under the IPC rose by under 5% over the previous year, dowry deaths registered an increase of 15%, cruelty by husband and relatives of 14%, kidnapping and abduction of females by 13%, importation of girls by 12% and sexual harassment by 11%. Rape and molestation cases grew by a more modest 6-7 %, but even that was higher than the average rate.
Despite the rising cases of crimes against women, they would appear to be not in the priority list of the investigating agencies. The NCRB data shows that investigation starts within the same year in only one out of 10 sexual harassment cases and only two out of 10 cases of molestation or cruelty by husbands and relatives. Similarly, only 3 out of 10 rapes and dowry deaths are investigated within the same year.
Delayed investigation, it need hardly be emphasised, not only frustrates the victim but also provides an opportunity to the accused to use his clout in influencing the investigation, as evident in the Ruchika case.
With one in every two brought to trial getting convicted, sexual harassment might have the highest conviction rate among the 22 major crime heads tabulated in the NCRBs Crime in India 2007, but this may have something to do with the fact that sexual harassment is the least severe of all crimes committed against women with the maximum punishment being simple imprisonment for one year, or a fine, or both. For the other crimes against women, the conviction rates are lower than the 35.8% average conviction rate for all cognizable crimes under IPC.
Jan 2nd, 2010
Times of India
Delhi sheds rape capital tag in 09
From 466 Sexual Assault Cases In 08, Last Yr Saw 452
New Delhi: Women have a reason to cheer. Even as Delhi struggles hard to shed its rape capital tag, last year it actually recorded lesser number of rape and molestation cases.
Rape cases recorded a marginal decrease from 466 in 2008 to 452 in 2009. And in 97.35% of the cases, the accused were known to the victims. While 35 of the accused were relatives, 64 were friends, 212 neighbours and 129 other known persons. Around 83% of the accused were either illiterate or school dropouts, 67% were below 25 years of age and 68% belonged to economically weaker section . The police said that in 94.25% of the cases, the accused were arrested.
At least 35 of the 150 police stations did not get any reports of rape at all. Police stations in outer Delhis Bhalsawa Dairy recorded 11 cases, the highest among all police stations . When compared to other mega cities, Delhi recorded less number of rapes than Bhopal, Ludhiana and Indore.
The number of molestation cases also came down from 597 in 2008 to 532 in 2009. And like rape cases, most of the accused47 %were neighbours. Only 5% were strangers while 4% were friends and 6% were relatives.
Eve-teasers too had to think twice before making lewd gestures , for the women felt empowered by the anti-obscene helpline of the Delhi police. It received 12,108 calls out of which 11,625 call actions were taken. Special police arrangements were made around women colleges and hostels in coordination with university authorities.
The women helpline maintained by crime against women (CAW) cell also received 7,354 calls out of which 1,894 calls were related to domestic violence while 3916 calls were about missing girls, 402 were about sexual harassment .
The CAW cell also started a new police station which received nearly 8400 complaints of marital disputes out of which 3579 were settled with mediation and guidance.
Times of India
Delhi sheds rape capital tag in 09
From 466 Sexual Assault Cases In 08, Last Yr Saw 452
New Delhi: Women have a reason to cheer. Even as Delhi struggles hard to shed its rape capital tag, last year it actually recorded lesser number of rape and molestation cases.
Rape cases recorded a marginal decrease from 466 in 2008 to 452 in 2009. And in 97.35% of the cases, the accused were known to the victims. While 35 of the accused were relatives, 64 were friends, 212 neighbours and 129 other known persons. Around 83% of the accused were either illiterate or school dropouts, 67% were below 25 years of age and 68% belonged to economically weaker section . The police said that in 94.25% of the cases, the accused were arrested.
At least 35 of the 150 police stations did not get any reports of rape at all. Police stations in outer Delhis Bhalsawa Dairy recorded 11 cases, the highest among all police stations . When compared to other mega cities, Delhi recorded less number of rapes than Bhopal, Ludhiana and Indore.
The number of molestation cases also came down from 597 in 2008 to 532 in 2009. And like rape cases, most of the accused47 %were neighbours. Only 5% were strangers while 4% were friends and 6% were relatives.
Eve-teasers too had to think twice before making lewd gestures , for the women felt empowered by the anti-obscene helpline of the Delhi police. It received 12,108 calls out of which 11,625 call actions were taken. Special police arrangements were made around women colleges and hostels in coordination with university authorities.
The women helpline maintained by crime against women (CAW) cell also received 7,354 calls out of which 1,894 calls were related to domestic violence while 3916 calls were about missing girls, 402 were about sexual harassment .
The CAW cell also started a new police station which received nearly 8400 complaints of marital disputes out of which 3579 were settled with mediation and guidance.
Jan 2nd, 2010
Times of India
Sexual offence victims face social stigma -
Data from the National Crime Records Bureau (NCRB) shows a sharp rise in crimes against women. It might be pertinent here to cite a recent study by the UK government of rape cases in the country, which shows that a majority of convictions in rapes are from admission of guilt and not because of successful trial as the delays in investigation and the social stigma related with sexual offences often force the victims to withdraw the case.
If that's true in the UK, we can imagine how much worse the social pressures in India would be and hence how crucial it is to minimise delays in prosecuting such cases.
Perhaps the Sexual Offences (Special Courts) Bill, 2010 seeking a maximum six months trial period for sexual offences might reduce the influence of the accused on the course of justice and hence provide a fairer trail for the victims of sexual offences.
Times of India
Sexual offence victims face social stigma -
Data from the National Crime Records Bureau (NCRB) shows a sharp rise in crimes against women. It might be pertinent here to cite a recent study by the UK government of rape cases in the country, which shows that a majority of convictions in rapes are from admission of guilt and not because of successful trial as the delays in investigation and the social stigma related with sexual offences often force the victims to withdraw the case.
If that's true in the UK, we can imagine how much worse the social pressures in India would be and hence how crucial it is to minimise delays in prosecuting such cases.
Perhaps the Sexual Offences (Special Courts) Bill, 2010 seeking a maximum six months trial period for sexual offences might reduce the influence of the accused on the course of justice and hence provide a fairer trail for the victims of sexual offences.
Jan 2nd, 2010
DNA
One out of every three girls in Mumbai is molested:
DNA
One out of every three girls in Mumbai is molested:
It is a commendable fact that Ruchika’s family did not give up even after so many years,” said Pooja Taparia, founder and CEO of Arpan, an NGO working on the issue of child sexual abuse.
“Unfortunately, many such cases go unreported.”
“We find very few complaints being lodged, and hardly any action being taken against the perpetrators,” said Taparia, attributing this to the fact that there are “no specific and stringent laws” to tackle the issue of child sexual abuse or even molestation.
“On one end of the spectrum is section 509, which deals with outraging a woman’s modesty and on the other is section 376, which defines punishment for rape. However, there are several other issues ‘in-between’ which neither addresses,” said Taparia.
Pushpa Venkatraman, who has counselled several adult survivors of sexual abuse, agreed. “Issues like touching, non-contact offences like lewd glances, talking furtively, as well as sending obscene MMS clippings, which are happening more and more often now, are not addressed,” said Venkatraman.
“As far as molestation cases are concerned, people either get away on bail, or it takes years for the hearing to come up, or a person can do an out of court settlement very easily,” said Taparia. “Speedy justice, speedy trials, friendly environment for the victim are the need of the hour,” she said.
However, at the bottom of all this, said social activists, is the patriarchal Indian society.
“Many a times, the abuse is done by a known person. In such cases, protecting family honour becomes more important,” said therapist Rita D’Souza.
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