March 18, 2011

18.3.11

DNA

Govt spares rape victims the finger humiliation


The government has made finger test, which adds insult to rape victims’ injury, optional. It can now be conducted only when there is no other evidence to confirm rape or sexual assault and that too only with the consent of victims.

The health ministry has issued a note to all central government hospitals, asking doctors to desist from conducting the test as a practice. Medically known as p/v (per vagina) test, it involves a doctor inserting fingers in the vagina to determine its laxity.

The test is seen as physically invasive by women as it often determines a victim’s previous sexual experiences as well. According to women activists, defence lawyers often use this finding to discredit rape victims.

The change of examination pattern has been ordered by health minister Ghulam Nabi Azad following a representation by National Commission for Women.

A team of technical experts has also simplified the pro forma of medical examination report for sexual exploitation to remove irrelevant information sought from victims and cut down unnecessary tests.

This pattern is expected to be followed by state government and private hospitals as well.

The health ministry note states that medical tests on rape victims have to be carried out in a more sensitive manner and should be less humiliating.

Accordingly, doctors will now have to first conduct pubic hair combing and examination of external genitalia to check swelling, injury, bruises, etc, on victims’ private parts to establish rape or sexual assault.

“P/v test has to be conducted only if there is a dire need for further examination or there are no other visible signs of rape/assault or for other findings. We have also simplified the format to remove ambiguity and doubts of various women’s groups pursuing the issue,” a health ministry official said.

March 10, 2011

7.3.11

Hindustan Times


Minor’s willingness is not consent for sex, says high court

The willingness of a minor, classified as a person below 18 years of age, is not considered as consent for sexual intercourse under the law, ruled the Bombay high court while upholding the conviction of a 37-year-old man from Latur district who raped a minor girl. In 1997, the then Class 10 student, aged between 15 and 16 years, met Bhima Sontakke, who made false promises of marriage to her. In October 1997, Sontakke took her to various places and allegedly had intercourse with her.
Acting on a complaint lodged by the victim’s father in November 1997, the Latur police arrested Sontakke. In August 1999, a local court convicted him for various offences including rape and kidnapping, and sentenced him to five years of rigorous imprisonment.

Sontakke appealed before the Aurangabad bench of the Bombay high court contending that the girl had willingly come with him, and since they engaged in consensual sex, he should not have been convicted of rape and kidnapping.

Justice SS Shinde, however, refused to oppose the trial court’s stand on the matter. The trial court asserted that since the girl was a minor at the relevant time, her willingness could not be termed as consent.

Shinde took into consideration that despite being married, the convict made false promises of marriage to the girl to have sexual intercourse with her.
The court upheld Sontakke’s conviction for kidnapping saying that the consent of a minor cannot be used as a defence in kidnapping cases.

10.3.11

Times of India


Budget allocation cuts relief for rape victims

MUMBAI: After the celebrations for International Women's Day, here's some grim news. Despite the rising number of rapes in the country there has been a mind-boggling reduction in the budget for the relief and rehabilitation of rape victims over the years. The budget allocation for the welfare of rape victims has been slashed by nearly 85% from the previous financial year.

A comparison of budget estimates over the years shows that the allocation for the relief and rehabilitation of rape victims has fallen from Rs 53.30 crore in the 2009-10 Union budget to Rs 36.2 crore in 2010-11 to a mere Rs 7.5 crore in the 2011-12 budget outlays. Analysts say with basic medical care for a rape victim costing around Rs 1,000 daily in a city like Mumbai, the current budgetary allocations are grossly inadequate.

Researchers on women's issues say the slash is unwarranted given that the number of rapes in the country has been steadily on the rise . Over 21,397 women in the country were raped in 2009 alone, the latest year for which the National Crime Records Bureau provides statistics. The figure is believed to be conservative at best, given the under-reporting of such crimes.


Sangeeta Rege, senior researcher at CEHAT (Centre for Enquiry into Health and Allied Themes) says the paltry expenditure on the welfare of rape victims is a matter of serious concern. "An analysis of the government's expenditure on the relief and rehabilitation of rape victims in 2009 shows that only Rs 9 lakh of the budget was spent, which amounts to around Rs 42 per rape victim. This will not even provide for a victim's daily dose of medication. The budget reduction since then makes one wonder how less will the government spend?'' Rege says CEHAT research showed them that basic medical care for a rape victim costs around Rs 1,000 per day in a city like Mumbai.

There seems to be a lack of clarity on compensatory relief for rape. Senior officials from the ministry of women and child development told TOI that rape victims could file for compensation under section 357A of the CrPC. They said schemes for the rehabilitation of rape victims were awaiting final approvals. Asked about the poor spending of budget allocations, officials said the funds were channelised on a need basis.

Women researchers said that rape victims were often completely unaware about provisions for financial redressal. Explaining that the reduced fund-allocation is usually due to gross under-utilization of allocated funds in the previous year, head of economics at the SNDT Women's university Vibhuti Patel says the budget slash indicated rape victims or potential recipients such as the police, women's groups or remand homes were unaware about the availability of funding. "It could also be due to the non-formation of schemes to channelize funds,'' she said.

Following Supreme Court directives, the National Commission for Women had drawn up a scheme to provide restorative justice to rape victims by means of a compensatory fund, way back in 2005. After much deliberation, it was recently proposed that rape victims would receive financial assistance of Rs 20,000 and restorative support services upto Rs 50,000, but that scheme too still awaits implementation.

The reduced allocations are just another indication of victims getting short shrift. Lakshmi Lingam, professor of women's studies at the Tata Institute of Social Sciences says the government seems to lack direction on how to handle the issue of sexual violence against women.

March 4, 2011

DNA

4.3.11

Cabinet clears child abuse bill



A pathbreaking bill dealing exclusively with sexual offences against children was passed by the Union cabinet on Thursday providing for a jail term upto seven years and a fine of Rs50,000 for such crimes.

The Protection of Children Against Sexual Offences Bill, 2011, also legalised consensual sex with a person aged between 16-18 years. The new law will cover all new aspects of sexual offences against children not covered elsewhere.

The proposed bill aims at protecting children against offences of sexual assault, sexual harassment, pornography and provide for establishment of special courts for trial of such offences.

The bill provides for treating sexual assault as “aggravated offence” when it is committed by a person in position of trust or authority including a member of the security forces, police officer, public servant, management or staff of a children’s home, hospital or educational institution.

It will be treated as an aggravated offence where the child victim is below 12 years or has mental or physical disability or the sexual offence causes grievous hurt or injury to the child with long term adverse effect on the child’s mind and body. The punishment for such an offence would be imprisonment of upto seven years with fine. The punishment for penetrative sexual assault has been proposed to be at least five years in jail and a minimum fine of Rs50,000.

Sexual assault also includes fondling the child in an inappropriate way which will invite a penalty of minimum three years in jail.
Section seven of the bill provides for “no punishment” if the consent for sexual act has been obtained with a person aged between 16 and 18 years.

There is a special provision in the bill preventing abuse of children for pornographic purpose or possessing pornographic material involving children. There will be an obligation on the media, studio and photographic facilities not to report such cases and failure to do so will attract punishment.

The media has been barred from reporting the cases without having authentic information and from disclosing the identity of the child.

March 3, 2011

3.3.11

TIMES OF INDIA

Up to 5 yrs' jail proposed for sexual assault


NEW DELHI: The proposed Protection of Children from Sexual Offences Bill 2011 is likely to come up before the Cabinet on Thursday.

The bill — piloted by the women and child development ministry — while proposing stiffer punishment for offenders, also advocates punishing those making false complaints, except if the complainant is a child less than 16 years old.

The bill gains significance on the back of National Crime Records Bureau data that shows an increase in sexual offences against children. A ministry study in 2007 on child abuse found 53% reported one or more forms of sexual abuse. And 50% of the abusers were known to the child or in a position of trust and responsibility.

As per the new bill, whoever commits sexual assault can be punished with imprisonment of three years extendable up to five years and a fine. Punishment for penetrative sexual assault (where the perpetrator is a guardian, public servant or security personnel) has been proposed at 10 years, which could be extended to life term and a fine.

February 22, 2011

21.2.2011

Times of India, Kanpur


Several girls silently bear sexual abuse: Survey

KANPUR: Nearly 40 per cent of girls in the city are victims of some form of sexual abuse, revealed a study conducted by the home science department of Chandra Shekher Azad (CSA) University of Agriculture and Technology. It includes girls who are in the age group of 9-12 years and have been molested either at schools or homes. Many girls have faced physical and emotional neglect and social abuse as well.

Out of 249 girls surveyed, 123 reported of instances where their private parts were touched. While 41.2 per cent were forced to expose their genitals or subjected to other forms of sexual abuse. Whereas many girls reported of sexual act where the abuser forced the girl to touch his genitals.

Under the supervision of Neelima Kunwar, office-in-charge, extension education and communication management, CSA, the students of home science conducted a study among 249 girls under the age group of 9-12 years in 2010. The study was conducted in five Hindi and five English medium schools. The girls were interviewed with the help of a questionnaire.

"Generally, girls are sexually abused by an individual known to her family or somebody in her surrounding institutes. Rarely the abuser is a stranger," said Neelima. "In most of the cases, the girls were forced to show their body parts to the friends, cousins or teachers who are the abusers. They even are exposed to pornography and are forcefully kissed," she said.

Notably, abuse happens when someone tries to control or hurt the girl. It can be physical such as hitting or pushing. It can be making a girl feel worthless or making her possessive or jealous, to stop her from speaking to friends or family or even forcing her to participate in sexual activities.

Neelima mentioned that the victim is continuously targeted by the same abuser. With the passe of time the abuse rate increases. For example in the case of sexual abuse, the abuser in the initial stages shows his body parts and then it progresses to kissing, fondling, penetration and so on. And at the time he ensures to threat the child by abusing her physically and emotionally. Abuser simply try to convince the child that nobody would believe if they tell about the abuse.

However, such inappropriate sexual behaviour with a child such as fondling a child's genital, making the child fondle the adult's genital, intercourse, rape and sexual exploitation occurs because the respondent fails to express themselves after facing abuse. "Girls are least aware about such practices and secondly, they their parents due to some kind of physical abuse they experience at home.

Some girls are ashamed and feel guilty despite being subjected to fear and frustration.

Normally, the children who have been sexually exploited suffer from infection, genital injury, abdominal pain and urinary tract infection or behavioural problems. Besides, they face academic difficulties, concentration problem, depression, fear or shyness, insomnia and difficulty in learning.

Besides this, there are physical, emotional and neglect abuse. Physical abuse is one of the common abuse contributing to 72 per cent of the cases. In such cases, the child faces repeated beating and injuries, kicks, burns and other form of torture. As per the survey, a majority of children are either beaten by mother or schoolteacher. This is followed by emotional abuse. It includes verbal and mental abuse which leads to serious behavioural, emotional and mental disorders. Girls are even the victims of social abuse.

However, psychologist suggest that such unethical practices can be controlled if parents practice certain prevention strategies such as anger management and fill the communication gap between children and themselves.


21.2.11
Indian Express


Govt to bring in Bill to check sexual abuse of children


The government on Monday proposed to bring in a comprehensive legislation soon to prevent sexual abuse of children that will have provisions for stringent punishment for such offences.

In her address to joint sitting of both houses of Parliament, President Pratibha Patil said the government "proposes to introduce a bill regarding protection of children from sexual offences".

The new law will cover all new aspects of sexual offences against children not covered elsewhere with provision for stringent punishment.

Once through, this law will take precedence over any other existing law.

Congress President Sonia Gandhi was keen to see the bill through and had written to Women and Child Development (WCD) minister Krishna Tirath last year asking her to hasten the pace of the legislation focusing on sexual abuse of the children, sources said.

Amid reports of differences between ministries, she had asked the WCD ministry to coordinate with the Law Ministry which had already prepared a draft bill on similar lines.

The proposed legislation aims at protecting children against offences of sexual assault, sexual harassment, pornography and provide for establishment of special courts for trial of such offences.

The punishment for penetrative sexual assault has been proposed as at least five years in jail and a minimum fine of Rs 50,000. Sexual assault also includes fondling the child in an inappropriate way which will invite a penalty of minimum three years in jail.

There is a special provision preventing abuse of children for pornographic purpose or possessing pornographic material involving children. There will an obligation on media, studio and photographic facilities to report such cases and failure to do so will attract punishment.

To prevent misuse of this law, there is deterrent factor on false complaints and false information leading to six-month jail term.

There will be set procedure for media on reporting that would bar giving details of the victim and accused children's family or personal details or any form of reporting that can lead to their identification. Besides, it proposes special courts and more sensitive ways in dealing with crime against children.

In her address, Patil also touched upon the issue of protection of women against sexual harassment at workplace.

"The Protection of Women Against Sexual Harassment at Workplace Bill has also been introduced in Parliament," Patil said.

February 9, 2011

9.2.11
Times of India



COP OUT , Police Said No To FIR For 2 Days In Girls Rape

Mumbai: For two whole days,the Vakola police refused to lodge an FIR in the rape of a three-year-old girl because they were uncertain if the offence had taken place.
The kindergartner was allegedly raped on Thursday morning in her Santa Cruz (East) school,the Kalina Education Society school,by a watchman,Telam Singh.Later that day,the childs mother called on Vakola police station to register a complaint,but the police paid little heed.On Friday too,the cops did not act;instead,playing the role of an arbiter between the school administration and the mother.The FIR was eventually lodged on Saturday after the mother produced a medical certificate from Sion Hospital,and on Monday,the police arrested Singh for alleged rape along with two other school employees who allegedly attempted to hush up the incident.

Rajendra Pardesi,senior police inspector of Vakola police station,argued that the police had recorded the mothers statement on Thursday,but they did not register an FIR till Saturday because they were unsure if the girl had indeed been raped.

On Tuesday morning,a number of parents protested outside Kalina Education Society,demanding strict action against its staff for laxity.When the crowd grew angry and in size,the police stepped in.A few of the parents,accompanied by a local social worker,were later allowed into the school to survey the site of the crime and meet the school management.My house is just a half a kilometre from the school.My daughter is in fifth standard.Every day,she used to come with her friends,but the incident has forced me to accompany her, said a protesting father.The victim studies in Junior KG in the preprimary section of Kalina Education Society school.According to the police,Singh took the child to a toilet on Thursday morning and sexually assaulted her.When the three-year-old,bleeding profusely,raised an alarm,a peon (Rekha Kamble) and a teacher (Elison Mirinda) assaulted her and threatened her.But once home,the young victim told her mother about the incident.

The mother rushed the child to Vakola police station,where a female police inspector dismissed their complaint as an attempt at raising an unnecessary controversy after the examining the victims private parts.She said the girl had not been raped.

When the mother insisted on filing a complaint,the police summoned the school staff,but did not send the child for a medical exam.Over the next day and a half,the cops played arbiter between the school and the complainant.

Things changed only on Saturday when the mother took the girl to Sion Hospital,where doctors confirmed,after an examination,that the child had been raped.The local police at the hospital,thereafter,contacted the Vakola police,which finally lodged an FIR.

The Vakola police took the girl to the school,where she identified the accused and the site of the crime.With no options left,the police arrested Singh along with Kamble and Mirinda.

9.2.11
Times of India


'Kids must be encouraged to talk freely'

MUMBAI: City psychiatrists say the steady increase in child sex abuse cases has brought to light the importance of training children about the difference between 'good touch' and 'bad touch'. Parents particularly need to communicate with kids every day so they can feel free to say anything they consider unusual.

"One can't trust strangers anymore and this is the first thing a child should be taught. Don't ask kids to respect and follow the advice of all adults," said Dr Harish Shetty. He added that the busy lifestyle of parents is increasingly giving offenders chances to victimize children. "Regular interaction with children is very important and parents should always take statements made by children seriously, unless proved otherwise," Shetty said.

With a number of sexual offences taking place at schools, psychiatrists say, it is important for parents to stay in touch with school authorities. "Parents should know who their kids interact with on a daily basis. They should regularly go to the school and stay around their kids to know what they do. This not only boosts the child's confidence in parents, but also leaves offenders with the impression that the child is well protected," said Dr Shubhangi Parkar, head of the psychiatry wing of KEM Hospital. She added that parents should simply and gently explain to their kids the issues of 'good touch' and 'bad touch' and about keeping away from strangers.

Schools should be aware of where students are at any given point of time. There should be enough attendants in class to ensure the safety of younger kids. "Even teachers should encourage students to enquire about anything and everything they feel like," said Shetty.

Increasing cases of child sex abuse have left parents wondering the right age to discuss such issues with kids. "There is no right age anymore. Earlier, we had instances of 5- or 6-year-olds being raped, but now we hear cases of kids barely 2 or 3 years old being targeted," said Dr Yusuf Matcheswalla, adding that early detection of such cases and therapy is very important or else children might end up with a phobia of other people.

February 2, 2011

2.2.11

Times of India


Sexual offences bill: Govt talks of 2 versions

CHENNAI/NEW DELHI: The ministry of women and child development denied a TOI report that the draft Protection of Children from Sexual Offences Bill, 2010, proposes to permit consensual non-penetrative sex between 12-year-olds. It said the report seems to be quoting provisions of a draft prepared by the National Commission for Protection of Child Rights.

In its clarification, the ministry said the draft put up before the cabinet has the age of consent at 16. The proviso to Section 3 of the draft sent to states clearly mentions 16 as the age of consent for any sexual act and in any case of penetrative sexual assault on a child between 16 to 18 years of age, it has to be considered whether consent was taken, it said.

According to TN government sources, NCPCR had earlier recommended lowering the age of consent to 12 years and this was subsequently circulated to various states by the ministry of women and child development. But this version has since been superseded by another draft which retains the age of consent between 16 to 18 as under the Indian Penal Code. It is this draft which has, after consultations with the ministry of law, been sent for cabinet approval.

The move to circulate the draft which lowers the age of consent to 12 has, however, been criticized by child welfare groups. Says Raajmangal Prasad, chairperson of Delhi Child Welfare Committee, ''NCPCR does not have the mandate to send the draft directly to states unless it is its own initiative. The ministry had commissioned NCPCR to draft the bill and it cannot wash its hands of the matter.'' Prasad is also critical of the ministry's secretive ways of drafting legislation.

TOI had quoted Aparna Bhat, an SC lawyer who was part of the drafting committee, as saying that the decision to lower the age of consent for minors was aimed at decriminalizing sexual exploration by children.

February 1, 2011

1.2.11

Times of India


Bill seeks to let 12-yr-olds have non-penetrative sex

CHENNAI: Twelve-year-old children will be legally permitted to have non-penetrative sex with children their age, according to a draft Protection of Children From Sexual Offences Bill, 2010, that has been sent to states by the ministry of women and child development for their views.

The Bill also seeks to introduce a gradation in the age of consensual non-penetrative sex (12-14 years and 14-16 years) against the existing age of consent for sex which is 16 years. It proposes that in case of the age group 12-14, the maximum age gap between partners should be two years. For the 14-16 group, the maximum gap should be three years.

The age of consent in the US is between 16 and 18 years, depending on the state they live in; in the UK it is 16. Spain has one of the lowest ages of consent, at 13 years.

While a senior official of the ministry of women and child development confirmed that the Bill has been sent to state governments, law minister Veerappa Moily said he was not aware of it. ``Twelve years is anyway not a proper age for a sexual act,`` he told TOI.

Section 3 of the proposed Bill lists under exceptions of unlawful sexual act with a child:

(i) Any consensual non-penetrative sexual act penalised by this chapter is not an offence when engaged in between two children who are both over 12 years of age and are either of the same age or whose ages are within two years of each other.

(ii) when engaged in between two persons who are both over 14 years of age and are either of the same age or whose ages are within three years of each other

The Bill will soon be sent to the cabinet, after which a parliamentary standing committee will scrutinise it. Suggestions and objections from the states will be considered then, said a senior official at the ministry of women and child development.

The law ministry too has been working on a similar Bill with an identical name, in which the age of consent is mentioned as 16 years, with no gradation as suggested by the new Bill. The circulation of two Bills with the same title has created confusion in the government.

Opinion on the minimum age are divided. Aparna Bhat, a Supreme Court lawyer who was part of a National Commission for Protection of Child Rights group that drafted the latest Bill said the gradation of age down to 12 years was to decriminalise sexual exploration by two children.

Under the existing law, if two 12-year-olds get physical and if one childs parent complains, the other can be pulled up by the Juvenile Justice Board. The panel felt such minor things should be decriminalised, she said.

Raaj Mangal, chairperson of Delhi Child Welfare Committee said the Bill could prove ``disastrous`` if it comes into effect. ``Twelve, given the mind and maturity of a child, is not an age to give consent, be it penetrative or non-penetrative sex. In the name of decriminalising, you can`t keep sexual acts between children out of the notice of the authorities,`` said Mangal.

Former CBI director RK Raghavan felt the attempt to draw a distinction between an act involving penetration and one not involving penetration will create confusion in the minds of investigators. ``Disputes regarding the age of the offender or the victim, which will be many, will dilute the objective of protecting children,`` he said.

Some others like Nina Nayak, chairperson of Karnataka State Commission for the protection of child rights, called the Bill ``absolutely unacceptable``. ``The Juvenile Justice Board is anyway lenient to children in conflict with law. Even if a minor rapes a minor, the child in conflict with law is just admonished and sent. There is no need of a new law to make sexual acts between children permissible,`` she said.

January 28, 2011

26.1.11
Times of India



Similar crime, varying verdicts in apex court - Despite Precedent, Spares Rapist-Killer Noose


New Delhi: The Supreme Court overcame a precedent in Dhananjoy Chatterjee, an apartment security guard sentenced to death for raping and killing a school girl, to reject capital punishment for a Gujarat watchman convicted in an identical case. 

   In 1994, the court had awarded the death penalty to Chatterjee, a 27-year-old married man, for the rape and murder of 18-year-old Hetal Parekh in her flat when her parents were away. The court rejected his mercy plea 10 years later and he was hanged in 2004.

   Employed as a watchman at Sanudip Apartments in Surat, 28-year-old Ramesh Bhai Chandubhai Rathod was also married when he raped and murdered a 10-year-old class IV school girl when her parents were away on December 17, 1999. His conviction was upheld by the Supreme Court.

   But, on punishment—life or death sentence—a bench of two judges was split. The issue was placed before a three-judge bench, which on Monday decided against death penalt and Rathod was given lifeand ordered that Rathod be lodged in jail for the rest of his life.

   Was Rathod’s case any different than Chatterjee’s? If it was not and the crime appeared to be more brutal than the Kolkata one, why the difference in the sentence?

   The bench of Justices H S Bedi, P Sathasivam and Chandramauli Kumar Prasad considered these questions and said: “We notice that there is a very thin line on facts which separates the award of a capital sentence from a life sentence in the case of rape and murder of a young child by a young man and the subjective opinion of individual judges as to the morality, efficacy or otherwise of a death sentence cannot entirely be ruled out.”

   On Rathod’s sentence, the bench said: “We commute the death sentence awarded to him to life but direct that the life sentence must extend to the full life of the appellant subject to any remission or commutation at the instance of the government for good and sufficient reasons.”

January 23, 2011

21.1.11
Times of India


Delhi again country’s rape capital

With 182 Rapes In 09,Mumbai 2nd On List


New Delhi: Delhi has never been very safe for women, and this is not just a perception.The crime figures for the national capital as compared to other cities in India for 2009 reveal that almost one-fourth of the rapes were reported from Delhi.Similarly,over one-third of kidnappings\abductions of women happened in Delhi,15% of dowry deaths and 14% of molestation cases.

The figures released by the National Crime Records Bureau (NCRB) of the home ministry on Thursday,show among 35 mega cities in India, Delhi reported 404 out of 1,696 rapes;1,379 out of total 3,544 of kidnapping and abduction of women,104 out of 684 of dowry deaths and 491 out of 3,477 of molestation during the period.

Among the states,the dubious distinction of the rape state has gone to Madhya Pradesh which had reported the highest number of rape cases (2,998),accounting for 14% of total such case reported in the country.

But if one looks at the figures of Incest Rape (that is rape by someone in the family),Chhattisgarh reported the highest number in all,107.

Incest rape cases have increased by 30.7%from 309 cases in 2008 to 404 cases in 2009 as compared to 0.3% decrease in overall rape cases.Crime experts say the highest number of rapes in the country is incest rapes,although they are often not reported.

Besides Delhi,the other cities which reported rapes in bigger number are Mumbai (182),Bhopal (117),Jabalpur (76),Jaipur (69) and Pune (67).Incidentally,most of the rapes were committed by those offenders who knew the victims.Overall,21,21,345 of the IPC cases (which include violent crimes like murder,attempt to murder,rape,culpable homicide not amounting to murder etc.) were reported in the country in 2009 as compared to 20,93,379 cases in 2008a marginal increase.

Among the cities,Delhi,Bangalore and Mumbai have accounted for 13.2%,9.4% and 9.1% respectively of the total crimesover one-third of the total crimes reported from 35 mega cities.

January 18, 2011

DNA
18.1.11

Top Mumbai police admits to crime spurt: 140 minors, 55 women raped



The Mumbai police on Monday said that cases of rapes of minor girls and other crimes against women are on the rise.

The statistics available with the Mumbai police show that 140 cases of rapes of minor girls were registered last year, whereas 128 were registered in 2009. Also, 469 cases of molestation were registered last year, compared to 395 in 2009.

“It has been seen that in 92% rape cases, the accused is known to the victim. While the cases of rape have increased, the detection rate has also gone up,” said Mumbai police commissioner Sanjeev Dayal.
Interestingly, statistics reveal that rape cases in which the accused was a relative, parent or close family member are few. In most, the victim is either abused by the neighbour or friends.

Citing a few important rape cases like the one involving senior police inspector Arun Borude and the Nehru Nagar serial rape case, Dayal said, “We are sensitive about a police official’s involvement in rape cases.

“The department acted quickly by dismissing Borude from service as soon as his name figured in the case. Also, in the Nehru Nagar rape cases, one case was solved with the arrest of one person. We are working on detecting the remaining two cases.
“We have come across information about people who left the city after the incident came to light.
“Efforts are on to trace them and get their DNA analysed. We have collected over 810 DNA samples.”

Suggesting a disturbing trend, the statistics show that there was a rise in the number of dowry death cases last year, as compared to 2009. However, dowry-related suicide cases and cases of mental and physical harassment for dowry came down last year, as compared to 2009.

The statistics also reveal that 46 brothels were closed down last year in the city. This is the highest number in the past five years.
The number of women rescued from the brothels was 370, including 15 minors.
“We have been taking the help of non-governmental organisations in rehabilitating the women rescued from brothels and prostitution rackets,” the police commissioner said.

January 15, 2011

14.1.2011

Times of India

Victim takes up child trafficking cause


MUMBAI: Stolen from home and robbed of a childhood more than 30 years ago, Rani Tong, a victim of child trafficking, launched a battle against human trafficking through her NGO, Tronie Foundation, one that she set up with her husband Tron in 2006.

While Rani was trafficked from south India, Tron was a victim of trafficking in Vietnam. They now live in the US, a country where they were both carted to as children. On Thursday evening, Rani shared her story at a discussion on women,s empowerment at the American Centre, Mumbai.

Rani was born into an impoverished family in a village in Kerala. At seven, a woman in the village approached her mother and promised to look after Rani and provide her with the best education. With the assurance that she would be able to see her daughter every day, her mother agreed to hand over her daughter to the woman, who turned out to be a trafficker. Rani was stolen and taken to Tamil Nadu, a state whose language she did not know. "I was scared and alone. I was tortured, starved and beaten by my master, who wanted me to submit to his will," she says. "My body and mind shut down after the abuse. At the age of eight, I was totally broken," says Rani, who was on the verge of death at the time.

By then, her trafficker had little use for her, and sold her to an international adoption agency, where she was first transported to Canada, and from there to the US.

She credits her adoptive mother for helping her heal from the trauma.

"As a child slave, my captors said I had no voice. And now, so many people want to listen to what I have to say," says Rani, who has even been felicitated by the United Nations for her campaign against human trafficking.

Rani has travelled extensively through India, tracing the source of human trafficking, as well as the route taken to smuggle human beings from one state to the next. She has interviewed several victims of exploitation, who have joined her in her fight against human trafficking.

Over a decade ago, she even traced her roots to the village in Kerala where she once lived. It,s here that she was re-united with her family in 1999.

January 13, 2011

MIDDAY, Delhi

Sodomised boy traced, sister disappears


By: Atul Krishan Date: 2010-12-21 Place: Delhi

The thirteen-year-old boy - one of the three siblings from central Delhi's Prasad Nagar, who were drugged and sodomised over 18 months, allegedly by their school cab driver and four other juveniles - was traced on Monday, after he went missing three days ago. But now his fourteen-year-old sister has gone missing.

Delhi police personnel are befuddled and plan to lodge a case of kidnapping. The boy had gone missing a day after Crime Branch, which is now looking into the matter, filed a chargesheet with a city court regarding the case. Police had also filed a kidnapping case regarding the boy who says he was abducted by one of the accused.

The sexual abuse was reported on September 17, when the kids' mother Rajkumari (name changed) informed one of her neighbours that her daughter and two sons were raped and sodomised by their cab driver Lalit Ratawal (32) and four juveniles for several months.
Though the mother came to know about it seven months later, she was threatened with dire consequences when she confronted the accused. She kept silent for a week before reporting the matter to police.



Times of India, Delhi
Dec 21st


Prasad Nagar victim found, says he was kidnapped

NEW DELHI: Seventy-two hours after he disappeared on Friday , the 13-year-old boy , who is one of the three victims in the shocking Prasad Nagar sexual abuse case , was found on Deshbandhu Gupta Road in central Delhi on Sunday evening . The boy was found while he was serving tea to a lady in a garment shop .

Neeta Khullar , the owner of the shop in Durga Chambers , explained , "The boy came to me serving tea around 4pm. Since he was well-dressed and didn't appear to be destitute, I asked him why he was working at such a young age . At first , he appeared scared and pretended that he had no family . But later I managed to cajole him into giving me his mother's number who I then called . I informed her that her child was safe and in my shop ."

Khullar , who runs an NGO said , "I was not aware that the child was linked to the Prasad Nagar case . It was only after I spoke to the mother that I realised what the situation was ." The victim claimed that he had been drugged , kidnapped and taken to a dark room . "I was beaten up and a CD with videos of our sexual abuse was snatched from me . I was threatened not to return to my residence or else they would harm my family . Then I was dropped off on Pusa Road on Saturday evening where a tea shop owner gave me refuge . I did not want to go back home because I was scared ," the boy said .

Subhash Nagar , a neighbour of the family and a social worker , said , "The boy told us that one of the accused , who is yet to be caught , allegedly drugged and kidnapped him while he was unconscious from outside his Taekwondo teacher's residence in Patel Nagar ."

Deputy commissioner of police (central ) Vivek Kishore confirmed that the boy had been recovered . "The boy is currently in our possession . As our investigations are going on , we cannot reveal anything further ," said DCP Kishore .

13.1.11
Hindustan Times, Delhi


Sexual abuse victims face mom’s wrath

In a new twist to the case of three Delhi siblings exploited sexually by their school cab driver for over a year, a city court has found their woes were compounded with the mother subjecting them to severe physical violence. “All the three child victims appear to have been physically assaulted
repeatedly while in the custody of their mother,” said additional sessions judge Santosh Snehi Mann in her order dismissing the bail plea of cab driver Lalit Ratawal.
Disturbed by the worsening plight of the children, the judge wanted the state to intervene in the matter to ensure chidlren's welfare.
The court made the "shocking and disturbing" findings in the medical reports of the three children examined on three different dates after the arrest of the accused on September 17 last year and when they were in the custody of their own mother. “The children, who are the victims of sexual assault, were constantly physically abused and appear to have been treated with utmost cruelty while in the custody of their mother.” PTI

January 10, 2011

http://www.skyvalleychronicle.com/BREAKING-NEWS/BRILLIANT-COMPUTER-SCIENTIST-TAKES-OWN-LIFE-BR-Leaves-behind-stunning-note-telling-of-childhood-sexual-abuse-563408


BRILLIANT COMPUTER SCIENTIST TAKES OWN LIFE

Leaves behind stunning note telling of childhood sexual abuse
January 08, 2011

PRINCETON, MASS.) --Bill Zeller, a 27-year old fifth-year graduate student in the computer science department at Princeton University died Wednesday night as a result of injuries and complications sustained in a suicide attempt.

What left his family, friends, fellow students and teachers in shock was what caused him to try to commit suicide.

Zeller left behind a 4,000 page suicide note describing how he had never been a fully functioning human being after being repeatedly raped as a small child.

If anyone wants to understand the effects that childhood sexual abuse can have on an individual for the rest of his or her life, tap into Zeller’s 4,000-word note describing the torment that has been his life since he was a young boy.

In the note Zeller described how repeated sexual abuse as a young child haunted him for the rest of his life, causing regular nightmares and limiting his ability to connect with other human beings.


Zeller's words are a heart-wrenching testament to just how much a child rapist steals from the child that is abused. In Zeller’s case, what was taken from him was the rest of his life. He had no joy, no hope, no peace, no future but the darkness that followed him everywhere.


Zeller did not name in the note who had raped him repeatedly as a child. It was not immediately known if the rapist had been caught and prosecuted years ago or if the rapist remained unknown to the police and/or Zeller’s parents.

The Princeton University campus newspaper The Princetonian ran an article about Zeller’s death and the note he left behind here

I have the urge to declare my sanity and justify my actions, but I
assume I'll never be able to convince anyone that this was the right
decision. Maybe it's true that anyone who does this is insane by
definition, but I can at least explain my reasoning. I considered not
writing any of this because of how personal it is, but I like tying up
loose ends and don't want people to wonder why I did this. Since I've
never spoken to anyone about what happened to me, people would likely
draw the wrong conclusions.

My first memories as a child are of being raped, repeatedly. This has
affected every aspect of my life. This darkness, which is the only way I
can describe it, has followed me like a fog, but at times intensified
and overwhelmed me, usually triggered by a distinct situation. In
kindergarten I couldn't use the bathroom and would stand petrified
whenever I needed to, which started a trend of awkward and unexplained
social behavior. The damage that was done to my body still prevents me
from using the bathroom normally, but now it's less of a physical
impediment than a daily reminder of what was done to me.

This darkness followed me as I grew up. I remember spending hours
playing with legos, having my world consist of me and a box of cold,
plastic blocks. Just waiting for everything to end. It's the same thing
I do now, but instead of legos it's surfing the web or reading or
listening to a baseball game. Most of my life has been spent feeling
dead inside, waiting for my body to catch up.

At times growing up I would feel inconsolable rage, but I never
connected this to what happened until puberty. I was able to keep the
darkness at bay for a few hours at a time by doing things that required
intense concentration, but it would always come back. Programming
appealed to me for this reason. I was never particularly fond of
computers or mathematically inclined, but the temporary peace it would
provide was like a drug. But the darkness always returned and built up
something like a tolerance, because programming has become less and less
of a refuge.

The darkness is with me nearly every time I wake up. I feel like a grime
is covering me. I feel like I'm trapped in a contimated body that no
amount of washing will clean. Whenever I think about what happened I
feel manic and itchy and can't concentrate on anything else. It
manifests itself in hours of eating or staying up for days at a time or
sleeping for sixteen hours straight or week long programming binges or
constantly going to the gym. I'm exhausted from feeling like this every
hour of every day.

Three to four nights a week I have nightmares about what happened. It
makes me avoid sleep and constantly tired, because sleeping with what
feels like hours of nightmares is not restful. I wake up sweaty and
furious. I'm reminded every morning of what was done to me and the
control it has over my life.

I've never been able to stop thinking about what happened to me and this
hampered my social interactions. I would be angry and lost in thought
and then be interrupted by someone saying "Hi" or making small talk,
unable to understand why I seemed cold and distant. I walked around,
viewing the outside world from a distant portal behind my eyes, unable
to perform normal human niceties. I wondered what it would be like to
take to other people without what happened constantly on my mind, and I
wondered if other people had similar experiences that they were better
able to mask.

Alcohol was also something that let me escape the darkness. It would
always find me later, though, and it was always angry that I managed to
escape and it made me pay. Many of the irresponsible things I did were
the result of the darkness. Obviously I'm responsible for every decision
and action, including this one, but there are reasons why things happen
the way they do.

Alcohol and other drugs provided a way to ignore the realities of my
situation. It was easy to spend the night drinking and forget that I had
no future to look forward to. I never liked what alcohol did to me, but
it was better than facing my existence honestly. I haven't touched
alcohol or any other drug in over seven months (and no drugs or alcohol
will be involved when I do this) and this has forced me to evaluate my
life in an honest and clear way. There's no future here. The darkness
will always be with me.

I used to think if I solved some problem or achieved some goal, maybe he
would leave. It was comforting to identify tangible issues as the source
of my problems instead of something that I'll never be able to change. I
thought that if I got into to a good college, or a good grad school, or
lost weight, or went to the gym nearly every day for a year, or created
programs that millions of people used, or spent a summer or California
or New York or published papers that I was proud of, then maybe I would
feel some peace and not be constantly haunted and unhappy. But nothing I
did made a dent in how depressed I was on a daily basis and nothing was
in any way fulfilling. I'm not sure why I ever thought that would change
anything.

I didn't realize how deep a hold he had on me and my life until my
first relationship. I stupidly assumed that no matter how the darkness
affected me personally, my romantic relationships would somehow be
separated and protected. Growing up I viewed my future relationships as
a possible escape from this thing that haunts me every day, but I began
to realize how entangled it was with every aspect of my life and how it
is never going to release me. Instead of being an escape, relationships
and romantic contact with other people only intensified everything about
him that I couldn't stand. I will never be able to have a relationship
in which he is not the focus, affecting every aspect of my romantic
interactions.

Relationships always started out fine and I'd be able to ignore him for
a few weeks. But as we got closer emotionally the darkness would return
and every night it'd be me, her and the darkness in a black and gruesome
threesome. He would surround me and penetrate me and the more we did the
more intense it became. It made me hate being touched, because as long
as we were separated I could view her like an outsider viewing something
good and kind and untainted. Once we touched, the darkness would
envelope her too and take her over and the evil inside me would surround
her. I always felt like I was infecting anyone I was with.

Relationships didn't work. No one I dated was the right match, and I
thought that maybe if I found the right person it would overwhelm him.
Part of me knew that finding the right person wouldn't help, so I became
interested in girls who obviously had no interest in me. For a while I
thought I was gay. I convinced myself that it wasn't the darkness at
all, but rather my orientation, because this would give me control over
why things didn't feel "right". The fact that the darkness affected
sexual matters most intensely made this idea make some sense and I
convinced myself of this for a number of years, starting in college
after my first relationship ended. I told people I was gay (at Trinity,
not at Princeton), even though I wasn't attracted to men and kept
finding myself interested in girls. Because if being gay wasn't the
answer, then what was? People thought I was avoiding my orientation, but
I was actually avoiding the truth, which is that while I'm straight, I
will never be content with anyone. I know now that the darkness will
never leave.

Last spring I met someone who was unlike anyone else I'd ever met.
Someone who showed me just how well two people could get along and how
much I could care about another human being. Someone I know I could be
with and love for the rest of my life, if I weren't so fucked up.
Amazingly, she liked me. She liked the shell of the man the darkness had
left behind. But it didn't matter because I couldn't be alone with her.
It was never just the two of us, it was always the three of us: her, me
and the darkness. The closer we got, the more intensely I'd feel the
darkness, like some evil mirror of my emotions. All the closeness we had
and I loved was complemented by agony that I couldn't stand, from him. I
realized that I would never be able to give her, or anyone, all of me or
only me. She could never have me without the darkness and evil inside
me. I could never have just her, without the darkness being a part of
all of our interactions. I will never be able to be at peace or content
or in a healthy relationship. I realized the futility of the romantic
part of my life. If I had never met her, I would have realized this as
soon as I met someone else who I meshed similarly well with. It's likely
that things wouldn't have worked out with her and we would have broken
up (with our relationship ending, like the majority of relationships do)
even if I didn't have this problem, since we only dated for a short
time. But I will face exactly the same problems with the darkness with
anyone else. Despite my hopes, love and compatability is not enough.
Nothing is enough. There's no way I can fix this or even push the
darkness down far enough to make a relationship or any type of intimacy
feasible.

So I watched as things fell apart between us. I had put an explicit time
limit on our relationship, since I knew it couldn't last because of the
darkness and didn't want to hold her back, and this caused a variety of
problems. She was put in an unnatural situation that she never should
have been a part of. It must have been very hard for her, not knowing
what was actually going on with me, but this is not something I've ever
been able to talk about with anyone. Losing her was very hard for me as
well. Not because of her (I got over our relationship relatively
quickly), but because of the realization that I would never have another
relationship and because it signified the last true, exclusive personal
connection I could ever have. This wasn't apparent to other people,
because I could never talk about the real reasons for my sadness. I was
very sad in the summer and fall, but it was not because of her, it was
because I will never escape the darkness with anyone. She was so loving
and kind to me and gave me everything I could have asked for under the
circumstances. I'll never forget how much happiness she brought me in
those briefs moments when I could ignore the darkness. I had originally
planned to kill myself last winter but never got around to it. (Parts of
this letter were written over a year ago, other parts days before doing
this.) It was wrong of me to involve myself in her life if this were a
possibility and I should have just left her alone, even though we only
dated for a few months and things ended a long time ago. She's just one
more person in a long list of people I've hurt.

I could spend pages talking about the other relationships I've had that
were ruined because of my problems and my confusion related to the
darkness. I've hurt so many great people because of who I am and my
inability to experience what needs to be experienced. All I can say is
that I tried to be honest with people about what I thought was true.

I've spent my life hurting people. Today will be the last time.

I've told different people a lot of things, but I've never told anyone
about what happened to me, ever, for obvious reasons. It took me a while
to realize that no matter how close you are to someone or how much they
claim to love you, people simply cannot keep secrets. I learned this a
few years ago when I thought I was gay and told people. The more harmful
the secret, the juicier the gossip and the more likely you are to be
betrayed. People don't care about their word or what they've promised,
they just do whatever the fuck they want and justify it later. It feels
incredibly lonely to realize you can never share something with someone
and have it be between just the two of you. I don't blame anyone in
particular, I guess it's just how people are. Even if I felt like this
is something I could have shared, I have no interest in being part of a
friendship or relationship where the other person views me as the
damaged and contaminated person that I am. So even if I were able to
trust someone, I probably would not have told them about what happened
to me. At this point I simply don't care who knows.

I feel an evil inside me. An evil that makes me want to end life. I need
to stop this. I need to make sure I don't kill someone, which is not
something that can be easily undone. I don't know if this is related to
what happened to me or something different. I recognize the irony of
killing myself to prevent myself from killing someone else, but this
decision should indicate what I'm capable of.

So I've realized I will never escape the darkness or misery associated
with it and I have a responsibility to stop myself from physically
harming others.

I'm just a broken, miserable shell of a human being. Being molested has
defined me as a person and shaped me as a human being and it has made me
the monster I am and there's nothing I can do to escape it. I don't know
any other existence. I don't know what life feels like where I'm apart
from any of this. I actively despise the person I am. I just feel
fundamentally broken, almost non-human. I feel like an animal that woke
up one day in a human body, trying to make sense of a foreign world,
living among creatures it doesn't understand and can't connect with.

I have accepted that the darkness will never allow me to be in a
relationship. I will never go to sleep with someone in my arms, feeling
the comfort of their hands around me. I will never know what
uncontimated intimacy is like. I will never have an exclusive bond with
someone, someone who can be the recipient of all the love I have to
give. I will never have children, and I wanted to be a father so badly.
I think I would have made a good dad. And even if I had fought through
the darkness and married and had children all while being unable to feel
intimacy, I could have never done that if suicide were a possibility. I
did try to minimize pain, although I know that this decision will hurt
many of you. If this hurts you, I hope that you can at least forget
about me quickly.

There's no point in identifying who molested me, so I'm just going to
leave it at that. I doubt the word of a dead guy with no evidence about
something that happened over twenty years ago would have much sway.

You may wonder why I didn't just talk to a professional about this. I've
seen a number of doctors since I was a teenager to talk about other
issues and I'm positive that another doctor would not have helped. I was
never given one piece of actionable advice, ever. More than a few spent
a large part of the session reading their notes to remember who I was.
And I have no interest in talking about being raped as a child, both
because I know it wouldn't help and because I have no confidence it
would remain secret. I know the legal and practical limits of
doctor/patient confidentiality, growing up in a house where we'd hear
stories about the various mental illnesses of famous people, stories
that were passed down through generations. All it takes is one doctor
who thinks my story is interesting enough to share or a doctor who
thinks it's her right or responsibility to contact the authorities and
have me identify the molestor (justifying her decision by telling
herself that someone else might be in danger). All it takes is a single
doctor who violates my trust, just like the "friends" who I told I was
gay did, and everything would be made public and I'd be forced to live
in a world where people would know how fucked up I am. And yes, I
realize this indicates that I have severe trust issues, but they're
based on a large number of experiences with people who have shown a
profound disrepect for their word and the privacy of others.

People say suicide is selfish. I think it's selfish to ask people to
continue living painful and miserable lives, just so you possibly won't
feel sad for a week or two. Suicide may be a permanent solution to a
temporary problem, but it's also a permanent solution to a ~23 year-old
problem that grows more intense and overwhelming every day.

Some people are just dealt bad hands in this life. I know many people
have it worse than I do, and maybe I'm just not a strong person, but I
really did try to deal with this. I've tried to deal with this every day
for the last 23 years and I just can't fucking take it anymore.

I often wonder what life must be like for other people. People who
can feel the love from others and give it back unadulterated, people who
can experience sex as an intimate and joyous experience, people who can
experience the colors and happenings of this world without constant
misery. I wonder who I'd be if things had been different or if I were a
stronger person. It sounds pretty great.

I'm prepared for death. I'm prepared for the pain and I am ready to no
longer exist. Thanks to the strictness of New Jersey gun laws this will
probably be much more painful than it needs to be, but what can you do.
My only fear at this point is messing something up and surviving.

---

I'd also like to address my family, if you can call them that. I despise
everything they stand for and I truly hate them, in a non-emotional,
dispassionate and what I believe is a healthy way. The world will be a
better place when they're dead--one with less hatred and intolerance.

If you're unfamiliar with the situation, my parents are fundamentalist
Christians who kicked me out of their house and cut me off financially
when I was 19 because I refused to attend seven hours of church a week.

They live in a black and white reality they've constructed for
themselves. They partition the world into good and evil and survive
by hating everything they fear or misunderstand and calling it love.
They don't understand that good and decent people exist all around us,
"saved" or not, and that evil and cruel people occupy a large percentage
of their church. They take advantage of people looking for hope by
teaching them to practice the same hatred they practice.

A random example:

"I am personally convinced that if a Muslim truly believes and obeys the
Koran, he will be a terrorist." - George Zeller, August 24, 2010.

If you choose to follow a religion where, for example, devout Catholics
who are trying to be good people are all going to Hell but child
molestors go to Heaven (as long as they were "saved" at some point),
that's your choice, but it's fucked up. Maybe a God who operates by
those rules does exist. If so, fuck Him.

Their church was always more important than the members of their family
and they happily sacrificed whatever necessary in order to satisfy
their contrived beliefs about who they should be.

I grew up in a house where love was proxied through a God I could never
believe in. A house where the love of music with any sort of a beat was
literally beaten out of me. A house full of hatred and intolerance, run
by two people who were experts at appearing kind and warm when others
were around. Parents who tell an eight year old that his grandmother is
going to Hell because she's Catholic. Parents who claim not to be racist
but then talk about the horrors of miscegenation. I could list hundreds
of other examples, but it's tiring.

Since being kicked out, I've interacted with them in relatively normal
ways. I talk to them on the phone like nothing happened. I'm not sure
why. Maybe because I like pretending I have a family. Maybe I like
having people I can talk to about what's been going on in my life.
Whatever the reason, it's not real and it feels like a sham. I should
have never allowed this reconnection to happen.

I wrote the above a while ago, and I do feel like that much of the time.
At other times, though, I feel less hateful. I know my parents honestly
believe the crap they believe in. I know that my mom, at least, loved me
very much and tried her best. One reason I put this off for so long is
because I know how much pain it will cause her. She has been sad since
she found out I wasn't "saved", since she believes I'm going to Hell,
which is not a sadness for which I am responsible. That was never going
to change, and presumably she believes the state of my physical body is
much less important than the state of my soul. Still, I cannot
intellectually justify this decision, knowing how much it will hurt her.
Maybe my ability to take my own life, knowing how much pain it will
cause, shows that I am a monster who doesn't deserve to live. All I know
is that I can't deal with this pain any longer and I'm am truly sorry I
couldn't wait until my family and everyone I knew died so this could be
done without hurting anyone. For years I've wished that I'd be hit by a
bus or die while saving a baby from drowning so my death might be more
acceptable, but I was never so lucky.

---

To those of you who have shown me love, thank you for putting up with
all my shittiness and moodiness and arbitrariness. I was never the
person I wanted to be. Maybe without the darkness I would have been a
better person, maybe not. I did try to be a good person, but I realize I
never got very far.

I'm sorry for the pain this causes. I really do wish I had another
option. I hope this letter explains why I needed to do this. If you
can't understand this decision, I hope you can at least forgive me.

Bill Zeller

---

Please save this letter and repost it if gets deleted. I don't want
people to wonder why I did this. I disseminated it more widely than I
might have otherwise because I'm worried that my family might try to
restrict access to it. I don't mind if this letter is made public. In
fact, I'd prefer it be made public to people being unable to read it and
drawing their own conclusions.

Feel free to republish this letter, but only if it is reproduced in its
entirety.

.

January 1, 2011

1.01.2011
DNA


When Indian women cry rape, it is likely to be genuine: HC

When a girl or woman in India alleges rape, there is a “built-in assurance” that the charge is genuine, observed the Bombay high court while dismissing the appeal of a father who repeatedly raped his 15-year-old daughter for nearly a year with the result that she delivered a child.

A division bench of justices DD Sinha and VK Tahilramani was hearing the appeal of Patrick Nathan, challenging the September 16, 2004, order of the additional sessions judge, Nashik, convicting him under section 376 (rape) of the Indian Penal Code and sentencing him to rigorous imprisonment for life.

The judges said corroboration of the testimony of a victim of sexual offence may be considered essential against the backdrop of the Western world’s social ecology. “But it is unnecessary to import the said concept and to transplant it on Indian soil regardless of the different atmosphere, attitudes, mores, responses of the Indian society and its profile,” they added. “Rarely will a girl or a woman in India make false allegations of sexual assault due to various psycho-social factors.”
According to the prosecution, Reena (name changed), an only child, resided with her father at Wagle Estate, Thane. Seven years prior to the incident, her mother left home and her whereabouts were unknown. Nathan worked in a liquor den and daily returned home drunk. In April 2002, he raped Reena. When she objected, he paid no heed and told her not to disclose it to anyone. He raped her on many occasions thereafter.

When she complained of stomach pain, a neighbour took her to a doctor who said she was pregnant. Reena said it was because of her father. Reena delivered a male child on June 7, 2003.

Nathan pleaded not guilty, saying he was implicated by his estranged wife. Neighbours testified that his wife left the house due to harassment. The first time she took Reena along, but Nathan traced her and brought them home.

The second time, she left alone and there was no news of her. They testified that they often heard Reena weeping and crying: “Father, leave me.” Reena told them that Nathan threatened to throw acid on her face. He stored it at home for throwing on his wife.