April 19, 2011

17.4.11

DNA

PINK BOARD JUNGLE


For 15-year-old Ipsita Pal, end of school barely translated into the excitement most teenagers feel before entering college. Instead, she suffered from mood swings and scored badly in her ICSE preliminary exams.

Pal comes across as a reserved teenager, but is surprisingly candid about that “crazy, confusing phase where little made sense.”
“I was in love with my best friend - a girl. I don’t think I can even articulate what was going on in my head then,” Pal says in a rush.

“I had always seen my girlfriends gushing about liking guys. Love gave them such a high. But I felt none of that. I was ashamed and terrified because everything around you points towards liking the opposite sex,” explains Pal.

She adds that she was afraid of approaching a teacher because they never discussed similar dilemmas.
“If things went wrong, I would have been left with an added embarrassment - that of a teacher knowing about my feelings.”
Over months, Pal lost her appetite, sleep and her friends, too.

“The friend I loved moved to another city to pursuer college, and I had irrational fears about approaching other girls…what if I developed feelings for them too?”
Pal’s parents took her to two counsellors suspecting exam anxiety or, at most, depression.

“Neither took any time to speak to me, and put me on medication right away. It only reinforced the guilt I felt. I started believing that my feelings were unnatural, shameful and something I had to ‘cure’.”

Dr Zirak Marker was the third psychologist Pal visited.
“When a teenager approaches you with confusion about his/her sexuality, one has to be very careful about not disclosing too much or too little. Sexuality develops over a long period of time.”
Instead of concentrating on whether Pal was a lesbian or not, Dr Marker took time to understand her and took her off medication.

“You cannot reinforce an idea in a teenager’s mind - about heterosexuality or homosexuality.” In due course, Pal’s parents were taken into confidence. “Unlike most parents, Pal’s parents assured her that they loved her just the same - whether she loves a boy or a girl.

Dealing with confusion about one’s sexuality in school is difficult to begin with. Most signs around reinforce that heterosexual attraction and feelings for the opposite sex are ‘normal’ and anything that doesn’t conform to this notion is ‘abnormal’.

Worse, homophobia and bullying in schools makes it impossible for an adolescent to think his/her feelings through, says Mansi Hasan, child psychologist.

“The issue in school children today isn’t just about whether they can make sense of their sexual identities or not. It is also about the homophobia they see all around them. The word ‘gay’ is used as an abuse,” says Hasan.

Recently, the principal of an international school in the city approached Hasan to conduct a sex education workshop mainly because homosexual exploration was on the rise amongst boys and girls.

“Even 3-4 years ago, we didn’t include homosexuality in our workshops, but now we do touch upon it. In this school’s case, a fifth-grader made other boys uncomfortable by touching them inappropriately. When we conducted the workshop, we found his classmates to be severely homophobic.”

Hasan also started speaking to the boy separately and realised he himself was quite confused about his reasons for exploring his classmates.

“It is too early to ‘decide’ or explore whether the boy is homosexual or not - that is something the child will have to decide for himself. At this age, what is important is to create a safe atmosphere for the child. The boy, for instance, was bullied and mocked for “being gay”. Thanks to the information available online and on TV, even children as young as him do understand these concepts to some extent. He has started playing out the mockery to find out what it really meant,” explains Hasan.

Two years ago, when Mohit Prabhu was 13 years old, his mother took him to a psychologist because he, in an unusually frank chat, told his school counsellor that he often got aroused while playing with a male friend at home.

“For a long time, I had to help Mohit accept that arousal, whether with a boy or a girl, is something that he cannot ‘control’. After a year or two, he tried going around with girls but told me that he didn’t feel the same around them. I have not yet had a frank chat with him discussing his homosexuality, but he is more comfortable with how he feels. His parents, however, are still in denial.” The best way forward, says psychiatrist Dr Harish Shetty, is to let nature takes its course - and parents must be prepared for whatever their child chooses.

Dr Marker cites an instance of a boy who came to him because he had realised he was homosexual and was anxious about what “his future held for him”.
“His parents accompanied him, but after five to six sessions, his mother started approaching me secretly, demanding I stop asking him to accept the situation and concentrate on “curing” him instead.

"Sex education workshops are best done keeping parents in the loop too. It is futile if you work towards making a child comfortable, and do little to make his home environment conducive to his feelings,” says Dr Marker.

Dr Shetty says asks students to write their queries on paper anonymously. “Children are getting bolder and experience feelings more complex than we can imagine. Sex education workshops mustn’t be about moral judgements - once you let a child know that his feelings - homosexual or heretosexual - will be respected, h/she’ll not look for information from dubious sources.

March 31, 2011

Express buzz

31st March, 2011



Save our daughters


HYDERABAD: Sexual harassment has been used as a weapon to suppress and subjugate women over the centuries, and in all societies.

“Child abuse at home is not something unusual. It’s been there in large extended families,” points out Kalpana Kannabiran, president of the Asmita Resource Centre for Women, and explains: “When the violation takes place within the home, as is very often the case, the abuse is effectively condoned by tacit silence, and by the passivity displayed by the State and the law-enforcing machinery.” Because the crime is perpetrated most often by a father, stepfather, grandfather, brother or uncle, the rights of the child are usually sacrificed in order to protect the name of the family.

The violence, and its perpertrator, are thus shielded by a cloak of invisibility.

Then there is the horror of forced prostitution. Sunitha Krishnan, founder of the citybased Prajwala, an institution that works to stop human trafficking and has rescued 4268 girls to date, gives an account of the kind of cruelty inflicted on young children to break them into the flesh trade: “For instance, a 12-year-old Laila, it was a never ending saga of pain and fear. Enslaved in a cellar for three years, she was subjected to physical abuse and mental torture by a number of men. An 8-year-old girl can be beaten up badly or confined with a snake to terrorise her into submission.

And there have been cases of men throwing chilli powder in the vagina of the girls to induce an orgasm”

APATHY REIGNS

Dire poverty is another factor that has blighted the lives of girl children. Compelled to work as domestic servants, they are open to physical, including sexual, abuse by her employers. And there is also the devadasi phenomenon.

“In the poor rural areas of Telangana, where debt bondage is rife, it is believed that it is the daughter’s duty to sacrifice herself for the well-being of the family. Young women and girls (devadasis) are ‘dedicated’ to the service of a temple. The devadasis pratha does exist, but now it is closely tied to the caste system,” observes Kalpana.

As for the menace on the streets, that is a pervasive reality for most women and girls. Kalpana recalls her own experience: “At the age of 45, I myself was violently manhandled by a 20- year-old right in front of my house. Neighbours chose to be mere spectators.’’ So what advice does she have for those of her gender? Don’t be foolhardy, but when faced with a tough situation don’t be cowed.

“So many women come to my speaking engagements and training sessions as sheep and walk out determined, strong, empowered and ready to take control of their own lives,” she says.

UNENDING NIGHTMARE

Abusive husbands are another menace quite a few women have to contend with. And imagine the plight of someone who meets this fate while trying to escape another unendurable one. Take the case of Karuna (*name changed) who was barely out of college when a friend proposed marriage. She accepted and eventually they left for the United States where the husband proved to be abusive. Unable to bear the torment, she obtained a divorce and stayed back to pursue her studies rather than return home.

But why did Karuna accept the very first proposal that came her way? The answer is chilling.

“Not because I really liked the guy, but I was desperate to escape from the clutches of my father.” It turns out that he had abused her sexually since she was 15.

And worse was to come when her mother died: “It only got more convenient for him. It was sickening, but then he was my dad, who was also showering me with affection and taking care of me… I breathed not a word to anyone, but at the first opportunity I left him. But the the man I chose was worse…” Then there is the case of Ankita* who too had no inkling of what she was in for when she married Arnab*. For more than a decade now, she has been subjected to mental and physical abuse. It started in the very first year of marriage, but despite her economic independence and professional success this 37-year-old marketing executive has chosen to conform to social pressures and “save” the marriage. From this one can glean the condition of other victims of domestic violence who haven’t had access to a sound education or a well-paid job. Conversely, as more women join the workforce, there is growing concern that their very success triggers the resentment of the spouse and often ends in abuse.

Shocking cases of sexual abuse have been tumbling out of schools too. Last year, one Mohammed Salauddin Ayub Khan, 55, the director of the elite Parkwood International School in Vikarabad near the city, was arrested for repeatedly raping a Plus One student over four months.

The girl, who hailed from Mumbai, became pregnant and the matter came to light. According to activists, the number of students who get molested every year in schools in the State is nothing short of a couple of hundred.

And this number is arrived at only on bases of reported cases, most of which come from private schools. The heavy lid of silence generally screens off the abuse in Government schools whether in the city or elsewhere.

Taking cognisance of the menace, the Hyderabad district educational officer has set up a call centre with two 10-digit numbers to receive grievances from parents, students, teachers and school managements. They can lodge their complaints with: 9346283557 or 9346284556

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