12.8.10
Times of India
Marriages between minors is valid : Delhi HC
NEW DELHI: Marriage between minors is valid and it can be annulled only on the plea by one of the partners, the Delhi High Court ruled on Wednesday.
"A marriage in contravention of clause (iii) of section 5 (which fixes minimum age of twenty-one years for bridegroom and eighteen years for bride) does not fall in the category of void marriages nor does it fall in the category of voidable marriages. Consequently, by the process of elimination, it would be a valid marriage," the court said.
A bench of Justices B D Ahmed and V K Jain said that even under the Prohibition of Child Marriage Act the marriage involving minors has not been declared as invalid and the Act just says that the marriage can be annuled on this ground if plea is made by the minor partner.
"It is clear that where, earlier, a child marriage may not have been voidable under personal law, as in the case of the Hindu Marriage Act, by virtue of the section 3 of the Prohibition of Child marriage Act, it has explicitly been made voidable at the option of the child spouse. But nobody other than a party to the marriage can petition for annulment of the marriage," the court said.
It said the legislature while drafting the provisions of the Hindu Marriage Act had consciously left out marriages in contravention of the age stipulation from the category of void or invalid marriages.
The court passed the order on a petition filed by a minor boy who tied knot with a minor girl against the wishes of their family members after fleeing from home.
18-year Jitendra Kumar Sharma approached the court after a criminal case was registered against him on the complaint of family members of 16-year-old minor girl Poonam Sharma who alleged the boy had abducted her.
12.8.10
DNA
Malad schoolkids rally to stop child abuse
Raising their voices against child sexual abuse, students, teachers and parents from the Billabong high international school, Malad, and members of the Tata Institute of Social Sciences (Tiss) on Wednesday marched from the NCPA to the Mantralaya, urging the government to pass stricter laws against the menace.
Sanjay Singh from Tiss, who is the national convener of the ‘Chuppi Todo’ campaign, said; “We are using this campaign as an advocacy tool with the central government to pass the ‘Prevention of Offences Against the Child Bill’. For that, we encourage students to sign a document that will be submitted to central law minister Veerappa Moily.”
As part of this campaign, a memorandum and a 24-minute educational film ‘Chuppi Todo’were submitted to state home minister RR Patil. They demanded a separate act for children in Maharashtra, equivalent to the Goa act for children. The minister said he supported the students on this cause.
The campaign started at the Billabong school, with the screening of the film for students and parents. The film screening was followed by a discussion with child psychologists. A spot survey was conducted with the students to check their awareness levels about child sexual abuse. The answers given by these students before and after the screening were compared, to see the impact of film on the awareness level of children. This was followed by the signature campaign.
Billabong principal Kusum Kanwar said, “I would like to request all parents to be more forthcoming about such issues.”
Added Singh, “According to the ministry of women and child development and Childline, in India a child experiences the trauma of sexual abuse every second, and every 155th minute, a child below 16 years of age is raped.”
To spread awareness among the students on how to identify and fight child sexual abuse, NGO Plan India has initiated programmes to educate the children and parents on safe and unsafe touches, in the context of child sexual abuse.
The ‘Chuupi Todo’ campaign will extend till Delhi via Baroda, Ahmedabad, Udaipur, and Jaipur. Billabong’s Baroda branch plans to support the campaign by screening the film, along with a panel discussion for parents and students on August 12.
August 12, 2010
August 3, 2010
Times of India
3.8.10
Sex offenders prey on the young
MUMBAI: A teenaged boy was arrested on Monday for allegedly raping his 2-year-old neighbour in Anand Nagar, Thane, bringing to focus yet again the growing trend of sexual crimes against young women and children.
Yogesh Jethwa was arrested by the Thane police after the girl complained of pain and was rushed by her parents to a private clinic in Mulund. The 17-year-old, who has been held at the Kopri police station, will be produced before a juvenile court on Tuesday.
Jethwa's case is the latest entry in the long list of sexual crimes perpetrated against young women and children.
In the last five years, city police statistics show, at 699, the highest number of rape victims fell in the age group between 14 and 30. Next were the victims aged between 30 and 50. During the same period, about 80 minor girls between 10 and 14 years were raped.
Police officials said that the victims aged between 14 and 30 are often lured into a physical relationship with false promises of marriage. "In many cases, girls fall victim to the crook's ostensible intentions," joint commissioner of police (Crime) Himanshu Roy said.
Roy said the sex offenders frequently feel that they can overpower the minors and easily escape after committing the crime. In many cases, he said, the sex offender is either a relative or a known neighbour. "The rape victims below the age group of 10 are usually lured with chocolates or sweets by the victims' relatives or someone they know," Roy said. "The rapists feel they can get away after threatening the girls."
Shockingly, out of the 1034 cases registered in the city in the last five years, only 203 accused have been convicted so far-a meagre 20%.
City's psychiatrists said that most victims in such cases suffer from shame and self-blame since they believe they are responsible, to some extent, for what happened.
The victim, said one psychiatrist, freezes out of shock and fails to "fight or flight against the offender", a stage also referred to as "passive resistance". The psychiatrist said that many rapists construe this as consent.
"This is the time when the victim's parents and close ones should take care of the victim so that she can overcome the trauma," the psychiatrist added.
Bihar fares better than state in natl list of rape cases
Last year,at 178,the city had 278 fewer rapes than Delhis 452,but 112 more than neighbouring Punes 66 and a lot more than Kolkatas 40.
But it is not just Mumbai,the state too does not fare well when compared to many other parts of the country.According to National Crime Record Bureau numbers,in 2009,there were 1,508 rapes across Maharashtra compared to 1,450 in the much-maligned Bihar and 1,430 in Rajasthan.Only Madhya Pradesh (2,900),West Bengal (2,400) and Uttar Pradesh (1,900) figured above Maharashtra.
And while Mumbai leads many other cities in the number of rape crimes,it lags behind them in bringing the accused to book.The conviction rate in rape cases in the last five years in the city was about 20% (203 found guilty out of 1,034),compared to the country's rate of 22% to 27%.
In Maharashtra,according to the state criminal investigation department,barely 15-16 % accused in rape cases were convicted of the crime.
Ninety per cent of the rape cases registered in the city are committed by either relatives or those who are very close to the victims, said Mumbai police commissioner Sanjeev Dayal,pointing out that in the Kurla rapes and murders too,the accused were suspected to have befriended the minor victims.Society should take up the matter seriously and understand their responsibility in ensuring the safety of their kids.
Asked about the poor record,Dayal argued that the investigators had to probe the rape matter properly.He said,The reason for the poor conviction rate is that the investigations continue for too longsometimes for years after the crime happenedwhich allows the accused time to get bail.They then cajole or threaten the victims who many a time turn hostile when the trial is finally heard.Such serious crimes should be prosecuted by a fast track court to get a better conviction rate.
Low conviction rates across country fail to move Centre
Mumbai: The number of crimes against women might be consistently rising across the country,but,womens rights groups alleged,the Centre remains impervious to them.
Talking to TOI,Brinda Karat,a senior Communist Party of India (Marxist) leader,said that a girl aged between 1 and 10 is raped every 10 hours in India,but the Union government remains indifferent.
We had forwarded a bill to the government two years ago.So far it has not tabled the bill before the parliament, said Karat,who is also a member of CPI(M)s womens wing,the All India Democratic Womens Association (AIDWA).
Called the Sexual Assault Bill,Karat said,the legislation proposed creating different categories of sexual crimeslike rape,molestation,eve-teasingto help increase conviction rates.
Poor legal system,poor understanding of policemen and lengthy procedures are few reasons for low conviction rate, Karat said.In child rape cases,after horrifying rounds of investigation the victim starts feeling that she is an accused and should not have registered the case.
Karat said that the low conviction rates are a major reason for the growing number of offences against women.The conviction rate shown by cops is somewhere around 30%.But the actual rate is just 15 to 16%.
On many occasions,complains do not get registered on time and then it is very difficult to prove that rape actually happened.It should be registered within 24 hours of the incident.
3.8.10
Sex offenders prey on the young
MUMBAI: A teenaged boy was arrested on Monday for allegedly raping his 2-year-old neighbour in Anand Nagar, Thane, bringing to focus yet again the growing trend of sexual crimes against young women and children.
Yogesh Jethwa was arrested by the Thane police after the girl complained of pain and was rushed by her parents to a private clinic in Mulund. The 17-year-old, who has been held at the Kopri police station, will be produced before a juvenile court on Tuesday.
Jethwa's case is the latest entry in the long list of sexual crimes perpetrated against young women and children.
In the last five years, city police statistics show, at 699, the highest number of rape victims fell in the age group between 14 and 30. Next were the victims aged between 30 and 50. During the same period, about 80 minor girls between 10 and 14 years were raped.
Police officials said that the victims aged between 14 and 30 are often lured into a physical relationship with false promises of marriage. "In many cases, girls fall victim to the crook's ostensible intentions," joint commissioner of police (Crime) Himanshu Roy said.
Roy said the sex offenders frequently feel that they can overpower the minors and easily escape after committing the crime. In many cases, he said, the sex offender is either a relative or a known neighbour. "The rape victims below the age group of 10 are usually lured with chocolates or sweets by the victims' relatives or someone they know," Roy said. "The rapists feel they can get away after threatening the girls."
Shockingly, out of the 1034 cases registered in the city in the last five years, only 203 accused have been convicted so far-a meagre 20%.
City's psychiatrists said that most victims in such cases suffer from shame and self-blame since they believe they are responsible, to some extent, for what happened.
The victim, said one psychiatrist, freezes out of shock and fails to "fight or flight against the offender", a stage also referred to as "passive resistance". The psychiatrist said that many rapists construe this as consent.
"This is the time when the victim's parents and close ones should take care of the victim so that she can overcome the trauma," the psychiatrist added.
Bihar fares better than state in natl list of rape cases
Last year,at 178,the city had 278 fewer rapes than Delhis 452,but 112 more than neighbouring Punes 66 and a lot more than Kolkatas 40.
But it is not just Mumbai,the state too does not fare well when compared to many other parts of the country.According to National Crime Record Bureau numbers,in 2009,there were 1,508 rapes across Maharashtra compared to 1,450 in the much-maligned Bihar and 1,430 in Rajasthan.Only Madhya Pradesh (2,900),West Bengal (2,400) and Uttar Pradesh (1,900) figured above Maharashtra.
And while Mumbai leads many other cities in the number of rape crimes,it lags behind them in bringing the accused to book.The conviction rate in rape cases in the last five years in the city was about 20% (203 found guilty out of 1,034),compared to the country's rate of 22% to 27%.
In Maharashtra,according to the state criminal investigation department,barely 15-16 % accused in rape cases were convicted of the crime.
Ninety per cent of the rape cases registered in the city are committed by either relatives or those who are very close to the victims, said Mumbai police commissioner Sanjeev Dayal,pointing out that in the Kurla rapes and murders too,the accused were suspected to have befriended the minor victims.Society should take up the matter seriously and understand their responsibility in ensuring the safety of their kids.
Asked about the poor record,Dayal argued that the investigators had to probe the rape matter properly.He said,The reason for the poor conviction rate is that the investigations continue for too longsometimes for years after the crime happenedwhich allows the accused time to get bail.They then cajole or threaten the victims who many a time turn hostile when the trial is finally heard.Such serious crimes should be prosecuted by a fast track court to get a better conviction rate.
Low conviction rates across country fail to move Centre
Mumbai: The number of crimes against women might be consistently rising across the country,but,womens rights groups alleged,the Centre remains impervious to them.
Talking to TOI,Brinda Karat,a senior Communist Party of India (Marxist) leader,said that a girl aged between 1 and 10 is raped every 10 hours in India,but the Union government remains indifferent.
We had forwarded a bill to the government two years ago.So far it has not tabled the bill before the parliament, said Karat,who is also a member of CPI(M)s womens wing,the All India Democratic Womens Association (AIDWA).
Called the Sexual Assault Bill,Karat said,the legislation proposed creating different categories of sexual crimeslike rape,molestation,eve-teasingto help increase conviction rates.
Poor legal system,poor understanding of policemen and lengthy procedures are few reasons for low conviction rate, Karat said.In child rape cases,after horrifying rounds of investigation the victim starts feeling that she is an accused and should not have registered the case.
Karat said that the low conviction rates are a major reason for the growing number of offences against women.The conviction rate shown by cops is somewhere around 30%.But the actual rate is just 15 to 16%.
On many occasions,complains do not get registered on time and then it is very difficult to prove that rape actually happened.It should be registered within 24 hours of the incident.
July 31, 2010
Hindustan times
28.7. 2010
Fast-track courts to try child rape cases
Alarmed by the increasing number of child rape cases, the state government will try the accused in fast-track courts and end the trials in three months. Home Minister R R Patil made this announcement in the Legislative Assembly on Tuesday after legislators expressed concern over the increase in
crimes against underage girls during a debate on law and order issues.
"We want to dispose of child rape cases in three months," Patil told the House.
According to Patil, 11 child rapes were registered across the state in last six months. In Kurla's Nehru Nagar alone, three girls were raped and murdered since March.
"Arrests were made in eight cases," Patil said. "Now, we need to get them [accused] harsh sentences at the earliest."
Patil said the government will seek the Bombay High Court's approval for the fast-track courts. The administration will put up a proposal to this effect very soon, he added.
DNA
28.7.10
Delay in rape FIR no grounds for acquittal: HC
Delay in lodging an FIR cannot be the grounds to seek acquittal in a rape case, ruled the Bombay high court.
Last week, the court was referring to a case in which an illiterate woman from Bengal was raped by two men on March 22, 2001. But the complaint was filed about 20 hours later, as her husband had initially refused to come with her to police station. But later when the neighbours intervened, he went with her and lodged a complaint.
Justice JH Bhatia, while upholding a 10-year rigorous imprisonment sentence granted to the convict, observed: "As far as delay of about 20 hours in lodging the FIR, there appears sufficient explanation. She came from a very poor family and was totally dependent on her husband who was also not willing to support her."
Although, the medical report did not confirm rape, the court held that her evidence was good enough to nail the accused (convict).
"In the present case, there is no reason to disbelieve the evidence of the prosecutrix who is married with a 15-year-old son. The incident took place at about 2 and 2.30 am. Her mouth was shut and her legs were pressed, she was unable to shout or resist," observed the court.
The court said none of the neighbours heard her cries as most were labourers who were asleep after a day's work. When her husband, who worked in the night shift, came home at 5am, he did not pay attention to her pleas as he was drunk. The victim then approached her neighbours, said the court.
"The fact that she approached the neighbours and told them about the incident and with their help, she went to the police station and lodged the report indicates that she wanted justice for the offence committed against her. Therefore, she appears to be trustworthy witness," said the judgment.
Mumbai Mirror
31.7.10
Political pressure, police goof-up lead to acquittal of rape accused
The Dindoshi Sessions Court on Friday acquitted Sunil Sanus, 22, of raping a minor girl mainly because the girl’s mother deposed that the police refused to register their case until the local corporator and MLA pressured them to. To make matters worse, the police goofed up with procedures.
An 11-year-old girl was playing with her friend in a Goregaon garden around 8.30 pm on June 15, 2008, when Sanus allegedly went up to her. As her friend ran away, Sanus allegedly gagged the girl and took her to a corner, where he allegedly undressed and then raped her. A woman passing by witnessed the incident and shouted for help. A crowd gathered, thrashed him and took him to Goregaon police station.
To the prosecution’s dismay, in her testimony, the girl’s mother admitted, “The police were not ready to record the FIR. We waited in the police station for five hours. Thereafter, the MLA and the corporator rang up the police station and then the FIR was registered. Before that, they had only enquired about the incident.”
Defence lawyer Arun Jadhav said that this created doubt about the authenticity of the girl’s complaint. “By showing that the FIR was registered only after being pressured, a doubt was created over the complaint itself.” Besides, the girl had in her statement named Sanus, but in her medical check-up, had referred to the accused as ‘unknown’ and said that he had only undressed her and attempted to rape her. However, the girl’s mother contradicted saying she had been raped.
But what worsened the case was the police inexplicably not summoning any of the witnesses from the crowd who had allegedly caught Sanus red-handed or the woman who first witnessed the alleged act. In fact, investigating officer API Ashok Sawant, who is now with the Crime Branch, deposed that they couldn’t trace that woman or the girl’s friend who fled the scene on seeing Sanus. Sawant deposed, “After their statement and the seizure of clothes, they were called the next day so as to send the victim to Nagpada police hospital for medical check-up.”
By this admission, Sawant established that the girl had washed up crucial medical evidence of rape, Jadhav added. “To add to this, the police’s claims that the crowd had battered Sanus and torn his shirt couldn’t be established as the shirt was not torn at all and he had no bruises on his face. Sanus was clearly framed,” said Jadhav.
28.7. 2010
Fast-track courts to try child rape cases
Alarmed by the increasing number of child rape cases, the state government will try the accused in fast-track courts and end the trials in three months. Home Minister R R Patil made this announcement in the Legislative Assembly on Tuesday after legislators expressed concern over the increase in
crimes against underage girls during a debate on law and order issues.
"We want to dispose of child rape cases in three months," Patil told the House.
According to Patil, 11 child rapes were registered across the state in last six months. In Kurla's Nehru Nagar alone, three girls were raped and murdered since March.
"Arrests were made in eight cases," Patil said. "Now, we need to get them [accused] harsh sentences at the earliest."
Patil said the government will seek the Bombay High Court's approval for the fast-track courts. The administration will put up a proposal to this effect very soon, he added.
DNA
28.7.10
Delay in rape FIR no grounds for acquittal: HC
Delay in lodging an FIR cannot be the grounds to seek acquittal in a rape case, ruled the Bombay high court.
Last week, the court was referring to a case in which an illiterate woman from Bengal was raped by two men on March 22, 2001. But the complaint was filed about 20 hours later, as her husband had initially refused to come with her to police station. But later when the neighbours intervened, he went with her and lodged a complaint.
Justice JH Bhatia, while upholding a 10-year rigorous imprisonment sentence granted to the convict, observed: "As far as delay of about 20 hours in lodging the FIR, there appears sufficient explanation. She came from a very poor family and was totally dependent on her husband who was also not willing to support her."
Although, the medical report did not confirm rape, the court held that her evidence was good enough to nail the accused (convict).
"In the present case, there is no reason to disbelieve the evidence of the prosecutrix who is married with a 15-year-old son. The incident took place at about 2 and 2.30 am. Her mouth was shut and her legs were pressed, she was unable to shout or resist," observed the court.
The court said none of the neighbours heard her cries as most were labourers who were asleep after a day's work. When her husband, who worked in the night shift, came home at 5am, he did not pay attention to her pleas as he was drunk. The victim then approached her neighbours, said the court.
"The fact that she approached the neighbours and told them about the incident and with their help, she went to the police station and lodged the report indicates that she wanted justice for the offence committed against her. Therefore, she appears to be trustworthy witness," said the judgment.
Mumbai Mirror
31.7.10
Political pressure, police goof-up lead to acquittal of rape accused
The Dindoshi Sessions Court on Friday acquitted Sunil Sanus, 22, of raping a minor girl mainly because the girl’s mother deposed that the police refused to register their case until the local corporator and MLA pressured them to. To make matters worse, the police goofed up with procedures.
An 11-year-old girl was playing with her friend in a Goregaon garden around 8.30 pm on June 15, 2008, when Sanus allegedly went up to her. As her friend ran away, Sanus allegedly gagged the girl and took her to a corner, where he allegedly undressed and then raped her. A woman passing by witnessed the incident and shouted for help. A crowd gathered, thrashed him and took him to Goregaon police station.
To the prosecution’s dismay, in her testimony, the girl’s mother admitted, “The police were not ready to record the FIR. We waited in the police station for five hours. Thereafter, the MLA and the corporator rang up the police station and then the FIR was registered. Before that, they had only enquired about the incident.”
Defence lawyer Arun Jadhav said that this created doubt about the authenticity of the girl’s complaint. “By showing that the FIR was registered only after being pressured, a doubt was created over the complaint itself.” Besides, the girl had in her statement named Sanus, but in her medical check-up, had referred to the accused as ‘unknown’ and said that he had only undressed her and attempted to rape her. However, the girl’s mother contradicted saying she had been raped.
But what worsened the case was the police inexplicably not summoning any of the witnesses from the crowd who had allegedly caught Sanus red-handed or the woman who first witnessed the alleged act. In fact, investigating officer API Ashok Sawant, who is now with the Crime Branch, deposed that they couldn’t trace that woman or the girl’s friend who fled the scene on seeing Sanus. Sawant deposed, “After their statement and the seizure of clothes, they were called the next day so as to send the victim to Nagpada police hospital for medical check-up.”
By this admission, Sawant established that the girl had washed up crucial medical evidence of rape, Jadhav added. “To add to this, the police’s claims that the crowd had battered Sanus and torn his shirt couldn’t be established as the shirt was not torn at all and he had no bruises on his face. Sanus was clearly framed,” said Jadhav.
July 24, 2010
23.7.10
Times of India
Sex after false promise of marriage doesn’t amount to rape’
Nagpur: The Nagpur bench of the Bombay HC has ruled that sexual relationship with a woman after making false promises of marriage does not amount to rape, and acquitted a man from offences of raping a girl.
A single-judge bench of Justice Ambadas Joshi observed that “sexual relationship under a mistaken belief and hence a rape, as developed in the process of trial, does not stand in the eye of law”. It set aside the Yavatmal sessions court’s order that convicted Sandip Rathod (now 42) under Section 376 of raping a girl allegedly 16 years old in 1996. The HC also said the victim’s age has been proved to be around 18 when the incident occurred.
Rathod, then 30 years old, was serving at a forest office near Mala’s (name changed) home. He developed sexual relations with her and promised to marry her. Mala informed her parents when she became pregnant and Rathod was arrested on her parents’ complaint.
Charged with repeatedly having sexual relations with an “underaged’’ Mala on and before November 11, 1996, the sessions court sentenced him to 10-year rigorous imprisonment. Two years later, the accused, a Yavatmal resident, challenged the conviction in the high court. The bench cited the Supreme Court and other rulings while acquitting him.
VARYING VERDICTS
Supreme Court
Oct 5, 2006: A bench of Justices A K Mathur and Altamas Kabir held that having sexual intercourse with a girl with her consent obtained through fraud, coercion or on promise of marriage amounts to rape
Aug 29, 2007: A bench of Justices Arijit Pasayat and D K Jain said a man having sex with a girl after obtaining her consent on the promise of a marriage does not necessarily constitute rape even if he retracts on his pledge
High Court
February 1, 2010: The Delhi HC held that having sex with a girl on the promise of marriage and later refusing to tie the knot on flimsy grounds amounts to rape
July 17, 2010: The Bombay high court upheld the acquittal of a man who was charged with having sexual relations with a woman after making a false promise of marriage
24.7.10
DNA
Supreme Court paves the way for rape convict to join IAS
New Delhi: The Supreme Court has dismissed an appeal from the National Commission for Women (NCW) challenging a high court verdict that reduced life term of a rape convict to five-and-a-half years to pave the way for him to join the civil services.
Thus, Ashok Rai, who raped a 21-year old student that prompted her to commit suicide in 2003, can now stake claim for IAS or IPS, provided Union Public Service Commission (UPSC) rules don’t have any reservations on accepting candidates with a tainted past.
The top court also handed a setback to NCW, which had filed the challenging the Delhi high court verdict on Rai. SC said it (NCW) had no legal right to file an appeal in a criminal case.
Delhi government has already told the court that it does not agree with the high court. In February last year, HC had slashed Rai’s sentence to five-and-a-half years, saying he had had “redeemed himself in jail” by qualifying for the UPSC examination.
Dismissing NCW’s appeal, a bench of justices HS Bedi and CK Prasad told counsel Priya Hingorani, “There is no provision in the criminal procedure code allowing persons other than the state, prosecutor or the kin of the victim to file an appeal under such circumstances. You have no locus standi (right) in the case.”
Hingorani said rape is a serious crime and HC has given untenable grounds for reducing the convict’s punishment.
Stressing that sentence in rape cases must be exemplary, SC had said the social impact of the crime, such as where it relates to offences against women, dacoity, kidnapping, misappropriation of public money, treason and other offences involving moral turpitude or moral delinquency, which have great impact on social order and public interest, cannot be lost sight of and per se require exemplary treatment.
Some other judgments in rape cases have interested the legal analysts.
In one, it said rape is “violation of the private person of a woman” and an “outrage by all means”.
“By the very nature of the offence, it is an obnoxious act of the highest order,’’ judges had said.
In another case, judged quashed a HC judgment that acquitted a rape convict on the ground he was drunk.
The court also held that a rapist couldn’t be acquitted merely because the victim is used to sex. Even ifit is hypothetically accepted that the victim had lost her virginity earlier, it did not and cannot in law give license to any person to rape her.
“It is the accused who is on trial and not the victim,” the court said.
Times of India
Sex after false promise of marriage doesn’t amount to rape’
Nagpur: The Nagpur bench of the Bombay HC has ruled that sexual relationship with a woman after making false promises of marriage does not amount to rape, and acquitted a man from offences of raping a girl.
A single-judge bench of Justice Ambadas Joshi observed that “sexual relationship under a mistaken belief and hence a rape, as developed in the process of trial, does not stand in the eye of law”. It set aside the Yavatmal sessions court’s order that convicted Sandip Rathod (now 42) under Section 376 of raping a girl allegedly 16 years old in 1996. The HC also said the victim’s age has been proved to be around 18 when the incident occurred.
Rathod, then 30 years old, was serving at a forest office near Mala’s (name changed) home. He developed sexual relations with her and promised to marry her. Mala informed her parents when she became pregnant and Rathod was arrested on her parents’ complaint.
Charged with repeatedly having sexual relations with an “underaged’’ Mala on and before November 11, 1996, the sessions court sentenced him to 10-year rigorous imprisonment. Two years later, the accused, a Yavatmal resident, challenged the conviction in the high court. The bench cited the Supreme Court and other rulings while acquitting him.
VARYING VERDICTS
Supreme Court
Oct 5, 2006: A bench of Justices A K Mathur and Altamas Kabir held that having sexual intercourse with a girl with her consent obtained through fraud, coercion or on promise of marriage amounts to rape
Aug 29, 2007: A bench of Justices Arijit Pasayat and D K Jain said a man having sex with a girl after obtaining her consent on the promise of a marriage does not necessarily constitute rape even if he retracts on his pledge
High Court
February 1, 2010: The Delhi HC held that having sex with a girl on the promise of marriage and later refusing to tie the knot on flimsy grounds amounts to rape
July 17, 2010: The Bombay high court upheld the acquittal of a man who was charged with having sexual relations with a woman after making a false promise of marriage
24.7.10
DNA
Supreme Court paves the way for rape convict to join IAS
New Delhi: The Supreme Court has dismissed an appeal from the National Commission for Women (NCW) challenging a high court verdict that reduced life term of a rape convict to five-and-a-half years to pave the way for him to join the civil services.
Thus, Ashok Rai, who raped a 21-year old student that prompted her to commit suicide in 2003, can now stake claim for IAS or IPS, provided Union Public Service Commission (UPSC) rules don’t have any reservations on accepting candidates with a tainted past.
The top court also handed a setback to NCW, which had filed the challenging the Delhi high court verdict on Rai. SC said it (NCW) had no legal right to file an appeal in a criminal case.
Delhi government has already told the court that it does not agree with the high court. In February last year, HC had slashed Rai’s sentence to five-and-a-half years, saying he had had “redeemed himself in jail” by qualifying for the UPSC examination.
Dismissing NCW’s appeal, a bench of justices HS Bedi and CK Prasad told counsel Priya Hingorani, “There is no provision in the criminal procedure code allowing persons other than the state, prosecutor or the kin of the victim to file an appeal under such circumstances. You have no locus standi (right) in the case.”
Hingorani said rape is a serious crime and HC has given untenable grounds for reducing the convict’s punishment.
Stressing that sentence in rape cases must be exemplary, SC had said the social impact of the crime, such as where it relates to offences against women, dacoity, kidnapping, misappropriation of public money, treason and other offences involving moral turpitude or moral delinquency, which have great impact on social order and public interest, cannot be lost sight of and per se require exemplary treatment.
Some other judgments in rape cases have interested the legal analysts.
In one, it said rape is “violation of the private person of a woman” and an “outrage by all means”.
“By the very nature of the offence, it is an obnoxious act of the highest order,’’ judges had said.
In another case, judged quashed a HC judgment that acquitted a rape convict on the ground he was drunk.
The court also held that a rapist couldn’t be acquitted merely because the victim is used to sex. Even ifit is hypothetically accepted that the victim had lost her virginity earlier, it did not and cannot in law give license to any person to rape her.
“It is the accused who is on trial and not the victim,” the court said.
July 20, 2010
Mumbai Mirror
19.7.10
A girl being raped would ‘resist fiercely’: HC
High Court sets aside conviction of alleged rapist because teenaged victim testified she lay there with her eyes closed and did not scream for help. Picking flaws in the ‘unnatural conduct’ and testimony of a teenaged girl, the Bombay High Court has set aside the conviction of a man accused of raping her. The HC raised its doubts about the incident because the girl testified that she lay still with her eyes closed, did not scream for help or ‘fiercely resist’ the alleged rapist.
In January, the Ambajogai sessions court convicted Beed’s Ganesh Korde, 25, for rape and sentenced him to seven years imprisonment. The victim – who had claimed to be a minor – was alone at home on June 10, 2006, when Korde barged in, threatened her, undressed her, raped her and fled the scene.
The girl informed her parents when they returned and a complaint of rape was registered against Korde.
During the trial, the girl testified that she did not know Korde but didn’t ask him who he was when he entered the house. She stated that Korde pushed her to the floor and forced himself on her. But there was no scuffle between them, the girl testified, adding that she was ‘lying with (her) eyes closed when he began undressing her’.
Justice Shrihari Davare of the Aurangabad Bench of the HC observed, “In the natural course of events, the victim could have resisted and a scuffle would have taken place between her and Korde. It is curious and surprising to note that no such scuffled occurred. Also, when Korde was undressing her, although her hands and legs were free, she simply lay down with her eyes closed.
“This appears to be an unnatural conduct. The victim would have shouted and obstructed the accused. In view of such infirmities, her testimony comes under the cloud of suspicion.”
As her testimony was ‘uncorroborated’ Justice Davare noted, “Inaction on the victim’s part and Korde’s presence in her house for two hours speaks volumes for themselves.”
Unfortunately, for the victim, even the medical evidence didn’t establish rape. Evidence suggested that she was not a minor as claimed, the HC noted.
19.7.10
A girl being raped would ‘resist fiercely’: HC
High Court sets aside conviction of alleged rapist because teenaged victim testified she lay there with her eyes closed and did not scream for help. Picking flaws in the ‘unnatural conduct’ and testimony of a teenaged girl, the Bombay High Court has set aside the conviction of a man accused of raping her. The HC raised its doubts about the incident because the girl testified that she lay still with her eyes closed, did not scream for help or ‘fiercely resist’ the alleged rapist.
In January, the Ambajogai sessions court convicted Beed’s Ganesh Korde, 25, for rape and sentenced him to seven years imprisonment. The victim – who had claimed to be a minor – was alone at home on June 10, 2006, when Korde barged in, threatened her, undressed her, raped her and fled the scene.
The girl informed her parents when they returned and a complaint of rape was registered against Korde.
During the trial, the girl testified that she did not know Korde but didn’t ask him who he was when he entered the house. She stated that Korde pushed her to the floor and forced himself on her. But there was no scuffle between them, the girl testified, adding that she was ‘lying with (her) eyes closed when he began undressing her’.
Justice Shrihari Davare of the Aurangabad Bench of the HC observed, “In the natural course of events, the victim could have resisted and a scuffle would have taken place between her and Korde. It is curious and surprising to note that no such scuffled occurred. Also, when Korde was undressing her, although her hands and legs were free, she simply lay down with her eyes closed.
“This appears to be an unnatural conduct. The victim would have shouted and obstructed the accused. In view of such infirmities, her testimony comes under the cloud of suspicion.”
As her testimony was ‘uncorroborated’ Justice Davare noted, “Inaction on the victim’s part and Korde’s presence in her house for two hours speaks volumes for themselves.”
Unfortunately, for the victim, even the medical evidence didn’t establish rape. Evidence suggested that she was not a minor as claimed, the HC noted.
July 8, 2010
8.7.10
Hindustan Times
‘Physical relationship based on marriage promise is not rape’
Sexual relationship with a woman after making false promises of marriage does not amount to rape, the Bombay High Court has ruled. While acquitting a 42-year-old man from charge of repeatedly raping a minor girl in 1996, the Nagpur bench of the high court observed: ""
The story of sexual relationship under a mistaken belief and hence a rape, as developed in the process of trial, does not stand in the eye of law."
Sandeep Rathod, a resident of Kolambi village at Yavatmal, was arrested in 1996 for allegedly raping a 16-year-old girl.
The prosecution claimed that Rathod, who used to work at a forest office near the victim’s house, would often would go to over to her place for water.
On November 24, 1996, when the girl's parents and siblings were away, Rathod allegedly came to her house on the pretext of having water and allegedly raped her. He also allegedly threatened her and told her not to inform her parents.
He allegedly promised to marry her and continued to rape her for six months, the prosecution claimed.
When the girl got pregnant, her parents lodged a complaint and the man was arrested.
In 1998, after the sessions court sentenced him to 10 years of rigourous imprisonment, he challenged the sentence in the Bombay High Court.
His advocate, R.P. Joshi, argued: "The case begins with the story of rape, and develops as consented sexual relationship on mistaken belief for promise to marry."
The court observed that there was serious omission of duty on the part of the police if they claimed that the first act of sexual intercourse was forceful. The police had not lodge a complaint accordingly. "The prolonged sexual relationship, therefore, creates a strong doubt about first act too being forcible," observed Justice A.H. Joshi.
Hindustan Times
‘Physical relationship based on marriage promise is not rape’
Sexual relationship with a woman after making false promises of marriage does not amount to rape, the Bombay High Court has ruled. While acquitting a 42-year-old man from charge of repeatedly raping a minor girl in 1996, the Nagpur bench of the high court observed: ""
The story of sexual relationship under a mistaken belief and hence a rape, as developed in the process of trial, does not stand in the eye of law."
Sandeep Rathod, a resident of Kolambi village at Yavatmal, was arrested in 1996 for allegedly raping a 16-year-old girl.
The prosecution claimed that Rathod, who used to work at a forest office near the victim’s house, would often would go to over to her place for water.
On November 24, 1996, when the girl's parents and siblings were away, Rathod allegedly came to her house on the pretext of having water and allegedly raped her. He also allegedly threatened her and told her not to inform her parents.
He allegedly promised to marry her and continued to rape her for six months, the prosecution claimed.
When the girl got pregnant, her parents lodged a complaint and the man was arrested.
In 1998, after the sessions court sentenced him to 10 years of rigourous imprisonment, he challenged the sentence in the Bombay High Court.
His advocate, R.P. Joshi, argued: "The case begins with the story of rape, and develops as consented sexual relationship on mistaken belief for promise to marry."
The court observed that there was serious omission of duty on the part of the police if they claimed that the first act of sexual intercourse was forceful. The police had not lodge a complaint accordingly. "The prolonged sexual relationship, therefore, creates a strong doubt about first act too being forcible," observed Justice A.H. Joshi.
July 7, 2010
7.7.10
DNA
New guidelines for doctors on reporting child abuse
New Delhi: The Indian Academy of Paediatricians (IAP) has formulated new guidelines for pediatricians and other doctors on how to recognise and respond to child abuse, particularly sexual abuse
This has been done to help doctors treat abused children effectively and to keep an eye on suspicious cases.
The guidelines, prepared by IAP in consultation with National Commission for Protection of Child Rights (NCPCR) and Unicef, have been drawn from United Kingdom’s child rights law.
Under new rules, doctors will be required to report all cases of abuse, including suspicious ones, to the police, NGOs and child helplines. Doctors are protected by law in case of erroneous reporting, as long as it is in good faith. But they can be penalised if they fail to report under the proposed Prevention of Offences against Children (POC) law, which includes a two-year jail term.
“There are no uniform guidelines for pediatricians regarding their response to child abuse even though they are often the first contact of a child who has suffered abuse. These guidelines will train them how to document, record and report instances of abuse. The aim is to assist the criminal justice system,” said Mumbai-based Dr Samir Dalwai. He was part of the program which formulated these guidelines.
The basic rules include admission to hospital in cases of serious injuries but a child may be also admitted in case it is felt there is an immediate threat to his safety at home.
Doctors are to watch out for and record nonverbal cues as ‘watchful frozenness’, sad mood, avoidance of eye contact, etc. In case of sexual abuse doctors have to specifically record if there is resistance to examination, dissociation [going to sleep during examination], general demeanour, pallor, bruises, vitamin deficiencies.
In case of sexual abuse, STD screening, including low and high vaginal swabs in post-pubertal girls and urethral swabs in boys is recommended. Serology for HIV, Hepatitis B and syphilis are to be done in cases of acute sexual assault, penetrative abuse, vaginal/ urethral discharge and STD in abuser. Besides, there are contentious issues of giving STD prophylaxis and emergency contraception to an adolescent with acute sexual assault.
In India, results from a government study on child abuseindicated that two out of every three children suffer physical abuse (88.6% by their parents), 53.2% children face one or more forms of sexual abuse, and every second child reported facing emotional abuse. Unfortunately, most children do not report the matter to anyone.
DNA
New guidelines for doctors on reporting child abuse
New Delhi: The Indian Academy of Paediatricians (IAP) has formulated new guidelines for pediatricians and other doctors on how to recognise and respond to child abuse, particularly sexual abuse
This has been done to help doctors treat abused children effectively and to keep an eye on suspicious cases.
The guidelines, prepared by IAP in consultation with National Commission for Protection of Child Rights (NCPCR) and Unicef, have been drawn from United Kingdom’s child rights law.
Under new rules, doctors will be required to report all cases of abuse, including suspicious ones, to the police, NGOs and child helplines. Doctors are protected by law in case of erroneous reporting, as long as it is in good faith. But they can be penalised if they fail to report under the proposed Prevention of Offences against Children (POC) law, which includes a two-year jail term.
“There are no uniform guidelines for pediatricians regarding their response to child abuse even though they are often the first contact of a child who has suffered abuse. These guidelines will train them how to document, record and report instances of abuse. The aim is to assist the criminal justice system,” said Mumbai-based Dr Samir Dalwai. He was part of the program which formulated these guidelines.
The basic rules include admission to hospital in cases of serious injuries but a child may be also admitted in case it is felt there is an immediate threat to his safety at home.
Doctors are to watch out for and record nonverbal cues as ‘watchful frozenness’, sad mood, avoidance of eye contact, etc. In case of sexual abuse doctors have to specifically record if there is resistance to examination, dissociation [going to sleep during examination], general demeanour, pallor, bruises, vitamin deficiencies.
In case of sexual abuse, STD screening, including low and high vaginal swabs in post-pubertal girls and urethral swabs in boys is recommended. Serology for HIV, Hepatitis B and syphilis are to be done in cases of acute sexual assault, penetrative abuse, vaginal/ urethral discharge and STD in abuser. Besides, there are contentious issues of giving STD prophylaxis and emergency contraception to an adolescent with acute sexual assault.
In India, results from a government study on child abuseindicated that two out of every three children suffer physical abuse (88.6% by their parents), 53.2% children face one or more forms of sexual abuse, and every second child reported facing emotional abuse. Unfortunately, most children do not report the matter to anyone.
July 5, 2010
5.7.10
Times of India
Child sex abuse bill in monsoon session
Special Courts Likely To Try Offenders
Chennai: The government is planning to table and pass in the next session of parliament a law to prevent sexual assault of children, Union law minister Veerappa Moily said on Sunday.
On June 30, TOI ran a story about the government planning an exclusive law to protect children from sexual assault and also that a special court will be set up to try such cases.
The Protection of Children From Sexual Assault Bill, 2010, seeks to protect children against offences of sexual assault and harassment more effectively than is possible under the provisions of Indian Penal Code. It will also eliminate ambiguity in defining crimes, make special courts with special powers mandatory for speedy trial, and overrule the need to obtain permission to penalise personnel of armed forces. The special courts will be appointed by the state governments and will have jurisdiction to try cases relating to child pornography.
“We have prepared the second working draft and will table and pass it in the next session of parliament as a separate law is inevitable. The government also hopes that all parties will extend their support in passing the bill,’’ he said. He was taking part in a discussion here on “Law reform and legislation on sexual offences against children’.
He also handed over the second draft of the bill and requested the participants to discuss and suggest changes and additions as early as possible because “we feel that there should be transparency in formulating the law’’.
In 4 years, no case will last over 3 years: Moily
Chennai: Steps are being taken to tone up the justice delivery system so that no litigation lasts beyond three years. And it will take four years for the measures to take effect. Talking to reporters after a meeting chief justices, law ministers and officials from the four southern states here, Union law minister M Veerappa Moily said the hefty grant of Rs 5,000 crore to upgrade infrastructure in the judiciary and steps like advancing the process of filling up posts even before they fall vacant and increasing the use of alternative dispute resolution forums would have the effect of reducing backlog of cases and bringing down litigation time. “In about four years, any litigation, of whatever kind, will not be prolonged beyond three years,’’ the law minister said. TNN
Times of India
Child sex abuse bill in monsoon session
Special Courts Likely To Try Offenders
Chennai: The government is planning to table and pass in the next session of parliament a law to prevent sexual assault of children, Union law minister Veerappa Moily said on Sunday.
On June 30, TOI ran a story about the government planning an exclusive law to protect children from sexual assault and also that a special court will be set up to try such cases.
The Protection of Children From Sexual Assault Bill, 2010, seeks to protect children against offences of sexual assault and harassment more effectively than is possible under the provisions of Indian Penal Code. It will also eliminate ambiguity in defining crimes, make special courts with special powers mandatory for speedy trial, and overrule the need to obtain permission to penalise personnel of armed forces. The special courts will be appointed by the state governments and will have jurisdiction to try cases relating to child pornography.
“We have prepared the second working draft and will table and pass it in the next session of parliament as a separate law is inevitable. The government also hopes that all parties will extend their support in passing the bill,’’ he said. He was taking part in a discussion here on “Law reform and legislation on sexual offences against children’.
He also handed over the second draft of the bill and requested the participants to discuss and suggest changes and additions as early as possible because “we feel that there should be transparency in formulating the law’’.
In 4 years, no case will last over 3 years: Moily
Chennai: Steps are being taken to tone up the justice delivery system so that no litigation lasts beyond three years. And it will take four years for the measures to take effect. Talking to reporters after a meeting chief justices, law ministers and officials from the four southern states here, Union law minister M Veerappa Moily said the hefty grant of Rs 5,000 crore to upgrade infrastructure in the judiciary and steps like advancing the process of filling up posts even before they fall vacant and increasing the use of alternative dispute resolution forums would have the effect of reducing backlog of cases and bringing down litigation time. “In about four years, any litigation, of whatever kind, will not be prolonged beyond three years,’’ the law minister said. TNN
July 3, 2010
2.7.10
Times of India
‘Girl need not testify to nail rapist’
Mumbai: A man can be convicted of rape, even if the victim does not testify in court during the trial, the Bombay High Court has ruled. The court’s ruling came in the infamous case of 2002 when a mentally challenged minor girl was raped by a youth in a Borivli-bound suburban train.
“Non-examination of the girl in the given circumstances will not be fatal for the prosecution case,’’ said Justice J H Bhatia. The judge observed that the victim girl was mentally challenged and was unable to express herself. The victim’s evidence, therefore, was not recorded by the trial court. “In such circumstances, merely because her evidence could not be recorded, the evidence of two eye-witnesses and other circumstantial evidence corroborating them could not be simply brushed aside or thrown away,’’ said the judge while finding Jogeshwari resident Salim Shaikh guilty of the charge of rape.
The court, though, reduced Shaikh’s jail term from 10 years to seven years, after defence advocate Arfan Sait argued that there was no justification to award a more harsh prison term than the minimum prescribed by law. “Merely because the prosecutrix (victim) in this case was mentally retarded cannot be a reason to award the sentence of imprisonment for 10 years,’’ agreed Justice Bhatia. Shaikh who has been in jail since his arrest in August 2002, has been ordered to be released by the court if he has completed his sentence.
The incident, which shocked the city, occurred on August 14, 2002, at around 1.50 am in a Borivli-bound local train. The victim was travelling in the train, when the accused raped her between Malad and Borivli. When other commuters tried to come to the aid of the victim, Shaikh reportedly threatened them and jumped out as soon as the train reached Borivli station. Two of the commuters, who were the prime witnesses in the case, approached the police to register a complaint. Shaikh was nabbed while the victim was sent to a shelter. A medical examination confirmed rape. The trial court sentenced Shaikh to 10 years rigorous imprisonment. He then filed an appeal in the high court.
Advocate Sait, who was appointed from the legal aid panel to represent Shaikh, pointed to drawbacks in the prosecution story. Sait argued that the victim had not been examined to prove the offence of rape. The advocate also raised doubts on the testimony of the witnesses arguing that even though there were number of persons in the bogie in the running train, nobody had intervened. Additional public prosecutor Madhvi Mhatre said the victim was not examined during the trial as she was mentally challenged.
“The evidence of the medical officer, particularly in respect of the girl clearly goes to show that the girl must have been ravished,’’ said the HC. The court further said the witnesses had no reason to falsely implicate the accused. “It is not the case of the accused that these two persons and the accused met earlier or that they had any grudge against him or that they wanted to punish him or take some revenge for some enmity,’’ the court said.
The HC held Shaikh guilty of rape, but agreed with defence advocate Sait that the accused could not have been convicted of outraging modesty of a woman as he had already been charged with a graver crime.
3.7.10
Times of India
Khaps want girls' marriageable age lowered to 15
BHIWANI: Jat Mahasabha wants marriageable age of girls and boys to be lowered to 15 and 17 respectively so that couples don't elope and marry against the wishes of their families.
According to Om Prakash Mann, Haryana president of All India Jat Mahasabha, the demand will be discussed at a sarv khap panchayat on July 17 at Meham Chaubisi Chabutara in Rohtak. The demand was raised at a meeting of khap representatives at Dhanana village.
The panchayat will be attended by representatives of around 600 khaps of all castes and communities, including Jats, Rajputs, Sainis, Gujjars and Dhanaks, Mann claimed.
Khap panchayats had no role in honour killings, Mann said. "By lowering the legal age of marriage, young couples can be prevented from eloping. A girl brings shame to her family when she runs away. Parents kill the guilty children in a fit of rage," he said.
He, however, refused to comment on early marriage posing a hurdle to the education of girls. "I am concerned about young people getting killed by their families. This should be curbed immediatelt," he said.
He is planning a campaign to make the younger generation aware of their customs and traditions. But he was opposed to making a film on khaps.
"Any film showing khaps in a poor light will face violent opposition. The government, too, should not allow this," he said.
3.7.10
Times of India
Premarital sex is fine, say 90% teens
If you are a teenager who’s been abandoned for eight years in boarding school, then return home to an authoritarian father and younger step-brother who doesn’t know about you, are forced to work in your father’s steel factory in Jamshedpur, give up your dream of being a writer and study engineering instead... you are going to be one rebellious teenager indeed!
That is what Anurag Kashyap, Sanjay Singh and UTV Spot Boy’s film Udaan is about. And, in a unique promo to the film which releases on July 16, the producers attempted to study the mind and world of the Indian teenager and provide him/her a platform to be heard. Here’s how...
They conducted a comprehensive online survey that got urban teenagers to reveal crucial information about their lives. Very little data is available on how adolescents are grappling with growing up issues — particularly the more taboo issues of sex, what drives them to try alcohol, smoking, lying or stealing from their parents, etc. The study, targeting internet users between 12 and 19 in Delhi, Mumbai, Ahmedabad, Bengaluru, Chandigarh, Chennai, Hyderabad and Kolkata, ties in well with the ‘growing up pains’ theme of Udaan. It has been uploaded on surveymonkey with links on all major networking sites teenagers populate including the ‘Udaan FB page’.
And here’s a summary of the survey using 1,004 respondents (76% of them boys)... one in three teens is uncomfortable talking to their parents about stress/problems; one in three teens wants to change their study stream; one in 10 teens say they are closest to their dad; one in five teens have smoked before they turned 16; two in five teens have driven a car/bike before they reached 16; 50% of teens have kissed someone of the opposite sex; one in five teens have watched porn before they reached 13; one in two teens have watched porn before they reached 16; one in two kids steal money from their parents; one in five teens have got intimate in the school/college loo; 60% of teens want to choose a career purely of their own design; 90% of teens think premarital sex is fine.
Times of India
‘Girl need not testify to nail rapist’
Mumbai: A man can be convicted of rape, even if the victim does not testify in court during the trial, the Bombay High Court has ruled. The court’s ruling came in the infamous case of 2002 when a mentally challenged minor girl was raped by a youth in a Borivli-bound suburban train.
“Non-examination of the girl in the given circumstances will not be fatal for the prosecution case,’’ said Justice J H Bhatia. The judge observed that the victim girl was mentally challenged and was unable to express herself. The victim’s evidence, therefore, was not recorded by the trial court. “In such circumstances, merely because her evidence could not be recorded, the evidence of two eye-witnesses and other circumstantial evidence corroborating them could not be simply brushed aside or thrown away,’’ said the judge while finding Jogeshwari resident Salim Shaikh guilty of the charge of rape.
The court, though, reduced Shaikh’s jail term from 10 years to seven years, after defence advocate Arfan Sait argued that there was no justification to award a more harsh prison term than the minimum prescribed by law. “Merely because the prosecutrix (victim) in this case was mentally retarded cannot be a reason to award the sentence of imprisonment for 10 years,’’ agreed Justice Bhatia. Shaikh who has been in jail since his arrest in August 2002, has been ordered to be released by the court if he has completed his sentence.
The incident, which shocked the city, occurred on August 14, 2002, at around 1.50 am in a Borivli-bound local train. The victim was travelling in the train, when the accused raped her between Malad and Borivli. When other commuters tried to come to the aid of the victim, Shaikh reportedly threatened them and jumped out as soon as the train reached Borivli station. Two of the commuters, who were the prime witnesses in the case, approached the police to register a complaint. Shaikh was nabbed while the victim was sent to a shelter. A medical examination confirmed rape. The trial court sentenced Shaikh to 10 years rigorous imprisonment. He then filed an appeal in the high court.
Advocate Sait, who was appointed from the legal aid panel to represent Shaikh, pointed to drawbacks in the prosecution story. Sait argued that the victim had not been examined to prove the offence of rape. The advocate also raised doubts on the testimony of the witnesses arguing that even though there were number of persons in the bogie in the running train, nobody had intervened. Additional public prosecutor Madhvi Mhatre said the victim was not examined during the trial as she was mentally challenged.
“The evidence of the medical officer, particularly in respect of the girl clearly goes to show that the girl must have been ravished,’’ said the HC. The court further said the witnesses had no reason to falsely implicate the accused. “It is not the case of the accused that these two persons and the accused met earlier or that they had any grudge against him or that they wanted to punish him or take some revenge for some enmity,’’ the court said.
The HC held Shaikh guilty of rape, but agreed with defence advocate Sait that the accused could not have been convicted of outraging modesty of a woman as he had already been charged with a graver crime.
3.7.10
Times of India
Khaps want girls' marriageable age lowered to 15
BHIWANI: Jat Mahasabha wants marriageable age of girls and boys to be lowered to 15 and 17 respectively so that couples don't elope and marry against the wishes of their families.
According to Om Prakash Mann, Haryana president of All India Jat Mahasabha, the demand will be discussed at a sarv khap panchayat on July 17 at Meham Chaubisi Chabutara in Rohtak. The demand was raised at a meeting of khap representatives at Dhanana village.
The panchayat will be attended by representatives of around 600 khaps of all castes and communities, including Jats, Rajputs, Sainis, Gujjars and Dhanaks, Mann claimed.
Khap panchayats had no role in honour killings, Mann said. "By lowering the legal age of marriage, young couples can be prevented from eloping. A girl brings shame to her family when she runs away. Parents kill the guilty children in a fit of rage," he said.
He, however, refused to comment on early marriage posing a hurdle to the education of girls. "I am concerned about young people getting killed by their families. This should be curbed immediatelt," he said.
He is planning a campaign to make the younger generation aware of their customs and traditions. But he was opposed to making a film on khaps.
"Any film showing khaps in a poor light will face violent opposition. The government, too, should not allow this," he said.
3.7.10
Times of India
Premarital sex is fine, say 90% teens
If you are a teenager who’s been abandoned for eight years in boarding school, then return home to an authoritarian father and younger step-brother who doesn’t know about you, are forced to work in your father’s steel factory in Jamshedpur, give up your dream of being a writer and study engineering instead... you are going to be one rebellious teenager indeed!
That is what Anurag Kashyap, Sanjay Singh and UTV Spot Boy’s film Udaan is about. And, in a unique promo to the film which releases on July 16, the producers attempted to study the mind and world of the Indian teenager and provide him/her a platform to be heard. Here’s how...
They conducted a comprehensive online survey that got urban teenagers to reveal crucial information about their lives. Very little data is available on how adolescents are grappling with growing up issues — particularly the more taboo issues of sex, what drives them to try alcohol, smoking, lying or stealing from their parents, etc. The study, targeting internet users between 12 and 19 in Delhi, Mumbai, Ahmedabad, Bengaluru, Chandigarh, Chennai, Hyderabad and Kolkata, ties in well with the ‘growing up pains’ theme of Udaan. It has been uploaded on surveymonkey with links on all major networking sites teenagers populate including the ‘Udaan FB page’.
And here’s a summary of the survey using 1,004 respondents (76% of them boys)... one in three teens is uncomfortable talking to their parents about stress/problems; one in three teens wants to change their study stream; one in 10 teens say they are closest to their dad; one in five teens have smoked before they turned 16; two in five teens have driven a car/bike before they reached 16; 50% of teens have kissed someone of the opposite sex; one in five teens have watched porn before they reached 13; one in two teens have watched porn before they reached 16; one in two kids steal money from their parents; one in five teens have got intimate in the school/college loo; 60% of teens want to choose a career purely of their own design; 90% of teens think premarital sex is fine.
July 1, 2010
30.6.10
Times of India
Soon, a law just on child sex abuse
So Far, Cases Tried Under IPC Didn’t Consider Victim’s Age, Had Many Grey Areas
Chennai: India will soon have its first law to deal exclusively with child sexual abuse cases. The provisional draft of the Bill, titled ‘Sexual Offences Against Children Bill, 2010’, seeks to substitute the word ‘rape’ with technical terms and cover several forms of abuse of both boys and girls, which now remain grey areas in the absence of a specific legislation. The proposed legislation calls for setting up of special courts, special public prosecutors and child-friendly proceedings.
“We have prepared a provisional draft in consultation with NGOs and experts, which will be forwarded to the ministry of woman and child development for inputs. We have not set a deadline to present the Bill in Parliament but we want to do it at the earliest, given the increasing number of child sexual abuse cases in the country,” law minister Veerappa Moily said.
Calling for special courts and special prosecutors in every district to try such cases, the draft proposes that evidence from the child be recorded within a month of the court taking cognizance and the trial be completed within a year. At present, cases of sexual offences against children are being tried under the Indian Penal Code, which does not always take into consideration the age of the victim. With such offences attracting only such sections that deal with rape, unnatural offences and outraging the modesty of a woman, many sexual offences against children, especially those against boys, were not getting a focussed trial, it was felt.
The draft proposes to prosecute child sex offenders mainly under five heads—penetrative sexual assault, aggravated penetrative sexual assault, sexual assault, aggravated sexual assault and sexual harassment. While penetrative sexual assault covers all kinds of penetration using body parts or objects, the other acts come under sexual assault. Sexual harassment covers abuse of a child using gestures and spoken words. The term ‘aggravated’ is prefixed to offences when the perpetrator is a person who wields power by virtue of being in a position of authority or trust or when the victim has a mental or physical disability. It recommends punishments ranging from three years in jail for ‘sexual harassment’ to life imprisonment for ‘aggravated sexual assault.’ The courts for offences against children would also hear cases as defined under the IT Act, which includes abuse through Net and child pornography.
HAPPY FEAT
The Sexual Offences Against Children Bill, 2010, will substitute rape with technical terms and cover several forms of abuse for both boys and girls
Draft proposes proof from child be recorded within a month of the court taking cognizance and trial conducted within a year
Call for setting up special courts, special public prosecutors and child-friendly trials
Times of India
Soon, a law just on child sex abuse
So Far, Cases Tried Under IPC Didn’t Consider Victim’s Age, Had Many Grey Areas
Chennai: India will soon have its first law to deal exclusively with child sexual abuse cases. The provisional draft of the Bill, titled ‘Sexual Offences Against Children Bill, 2010’, seeks to substitute the word ‘rape’ with technical terms and cover several forms of abuse of both boys and girls, which now remain grey areas in the absence of a specific legislation. The proposed legislation calls for setting up of special courts, special public prosecutors and child-friendly proceedings.
“We have prepared a provisional draft in consultation with NGOs and experts, which will be forwarded to the ministry of woman and child development for inputs. We have not set a deadline to present the Bill in Parliament but we want to do it at the earliest, given the increasing number of child sexual abuse cases in the country,” law minister Veerappa Moily said.
Calling for special courts and special prosecutors in every district to try such cases, the draft proposes that evidence from the child be recorded within a month of the court taking cognizance and the trial be completed within a year. At present, cases of sexual offences against children are being tried under the Indian Penal Code, which does not always take into consideration the age of the victim. With such offences attracting only such sections that deal with rape, unnatural offences and outraging the modesty of a woman, many sexual offences against children, especially those against boys, were not getting a focussed trial, it was felt.
The draft proposes to prosecute child sex offenders mainly under five heads—penetrative sexual assault, aggravated penetrative sexual assault, sexual assault, aggravated sexual assault and sexual harassment. While penetrative sexual assault covers all kinds of penetration using body parts or objects, the other acts come under sexual assault. Sexual harassment covers abuse of a child using gestures and spoken words. The term ‘aggravated’ is prefixed to offences when the perpetrator is a person who wields power by virtue of being in a position of authority or trust or when the victim has a mental or physical disability. It recommends punishments ranging from three years in jail for ‘sexual harassment’ to life imprisonment for ‘aggravated sexual assault.’ The courts for offences against children would also hear cases as defined under the IT Act, which includes abuse through Net and child pornography.
HAPPY FEAT
The Sexual Offences Against Children Bill, 2010, will substitute rape with technical terms and cover several forms of abuse for both boys and girls
Draft proposes proof from child be recorded within a month of the court taking cognizance and trial conducted within a year
Call for setting up special courts, special public prosecutors and child-friendly trials
June 26, 2010
25.6.10
Times of India
Teachers tread warily around sexual harassment incidents
MUMBAI: Sexual harassment is one of those prickly subjects that never makes it to the school curriculum. And when instances of harassment or abuse do occur at schools or colleges, most institutions sweep the matter under the carpet for fear of damaging their reputation. In several cases in the past, when girls have been molested by school staff, peons, etc, management often chose to hush up the matter or not take the complaints seriously.
The principal of a suburban school, which ultimately sacked a bus driver for sexually harassing a kindergarten student a year ago, told TOI that the child in question may not have got the facts right and may have imagined the incident. Another suburban school successfully hushed up a similar incident by threatening parents with dire consequences if they spoke to the press.
When a teenager from a popular Churchgate college was dragged out of the college premises and forced into a taxi by a spurned suitor, the lady principal of the college was far more upset about the newspaper coverage that the incident received than the fact that one of her students was in danger of being raped. And though the girl was rescued by a passerby, neither her parents nor the college were particularly interested in following the case to its logical conclusion, or getting the boy arrested.
“I think it’s important for principals to understand that the damage done to their reputation is not a patch on the trauma that victims of harassment face,’’ said social psychologist Chandni Parekh, who has developed modules on sexual harassment that she has conducted in schools and colleges. “I know of a number of instances where parents accompany children for gymnastics classes and swimming lessons, to ensure that the child is not harassed by the instructor,’’ she said, adding that many school counsellors may not be not equipped to deal with cases of trauma and sexual abuse.
Times of India
Teachers tread warily around sexual harassment incidents
MUMBAI: Sexual harassment is one of those prickly subjects that never makes it to the school curriculum. And when instances of harassment or abuse do occur at schools or colleges, most institutions sweep the matter under the carpet for fear of damaging their reputation. In several cases in the past, when girls have been molested by school staff, peons, etc, management often chose to hush up the matter or not take the complaints seriously.
The principal of a suburban school, which ultimately sacked a bus driver for sexually harassing a kindergarten student a year ago, told TOI that the child in question may not have got the facts right and may have imagined the incident. Another suburban school successfully hushed up a similar incident by threatening parents with dire consequences if they spoke to the press.
When a teenager from a popular Churchgate college was dragged out of the college premises and forced into a taxi by a spurned suitor, the lady principal of the college was far more upset about the newspaper coverage that the incident received than the fact that one of her students was in danger of being raped. And though the girl was rescued by a passerby, neither her parents nor the college were particularly interested in following the case to its logical conclusion, or getting the boy arrested.
“I think it’s important for principals to understand that the damage done to their reputation is not a patch on the trauma that victims of harassment face,’’ said social psychologist Chandni Parekh, who has developed modules on sexual harassment that she has conducted in schools and colleges. “I know of a number of instances where parents accompany children for gymnastics classes and swimming lessons, to ensure that the child is not harassed by the instructor,’’ she said, adding that many school counsellors may not be not equipped to deal with cases of trauma and sexual abuse.
June 24, 2010
DNA
24.6.10
Centre moves to protect children from cruelty
New Delhi: The Union government is in the process of bringing about a comprehensive law to prevent all forms of cruelty to children.If the proposed law goes to its intended end, acts like kissing a child on the lips, fondling his or her private parts and inflicting physical penalty on him or her in the name of disciplining would attract imprisonment of 10-14 years.
The proposed law also seeks tough punishment in the cases of harmful traditions that endanger the life or limb of a child and neglect of a child by parents or guardians.
The draft of the special law — prevention of offences against the child bill - has been piloted by the ministry of women and child development (WCD) and is pending with the law and justice ministry for fine-tuning. It is understood that given the sensitivity involved in the legislation, the proposed law is being handled directly by solicitor general of India Gopal Subramaniam.
The major reform in the proposed legislation includes raising the age of consent from 16 to 18 years. Which means having sexual relationship with a child below 18 years will amount to rape.
Criminal responsibility of a child, which begins after seven years of age at present, is being increased to 12 years. This means no offence committed by a child below 12 years will be considered an offence and he/she would be presumed innocent. The proposed law also seeks to raise the age of ‘immaturity’ — the age at which he is unable to understand the consequences of his action - to 15 years. The present age is below 12 years under the Indian Penal Code (IPC), section 83.
The proposed law recommends a jail term up to three years and a fine of up to Rs25,000 for corporal punishment. The definition of corporal punishment now includes violence, cruelty and inhuman or degrading treatment by any person, including a child’s family members, school, relatives, friends, prisons and juvenile homes. IPC sections 232, 324, 325, 326, 341 and 342 will be applicable under such circumstances.
To prevent the growing trend of “child goddesses”, the proposed law bans dedicating a child to the service of any deity, idol, object of worship, temple or any other religious institution. The offence can attract rigorous punishment up to 14 years and fine up to Rs10 lakh. It also bans child beggars or forcing children to seek alms.
“Though a few offences are covered under various sections in the Indian Penal Code, it is mainly in a disjointed manner. We are bringing a comprehensive legislation which will cover all sorts of offences against the child,” said WCD minister Krishna Tirath. The minister is keen to table the bill in the monsoon session of the parliament.
Stressing on child-related jurisprudence and reforms in existing laws to protect children, chairperson of the National Commission for Protection of Child Rights (NCPCR) Shantha Sinha emphasised on fast-tracking cases involving children and handling these in a more sensitive way.
“There is need for adequate penal provisions for restitution, reparation and rehabilitation of a child for its life with dignity,” the NCPCR chairperson said.
WCD ministry officials said there is a lot of duplication and overlapping in the existing laws. The proposed law would be more comprehensive and being a special law will prevail over any other existing law coming in conflict with it.
24.6.10
Centre moves to protect children from cruelty
New Delhi: The Union government is in the process of bringing about a comprehensive law to prevent all forms of cruelty to children.If the proposed law goes to its intended end, acts like kissing a child on the lips, fondling his or her private parts and inflicting physical penalty on him or her in the name of disciplining would attract imprisonment of 10-14 years.
The proposed law also seeks tough punishment in the cases of harmful traditions that endanger the life or limb of a child and neglect of a child by parents or guardians.
The draft of the special law — prevention of offences against the child bill - has been piloted by the ministry of women and child development (WCD) and is pending with the law and justice ministry for fine-tuning. It is understood that given the sensitivity involved in the legislation, the proposed law is being handled directly by solicitor general of India Gopal Subramaniam.
The major reform in the proposed legislation includes raising the age of consent from 16 to 18 years. Which means having sexual relationship with a child below 18 years will amount to rape.
Criminal responsibility of a child, which begins after seven years of age at present, is being increased to 12 years. This means no offence committed by a child below 12 years will be considered an offence and he/she would be presumed innocent. The proposed law also seeks to raise the age of ‘immaturity’ — the age at which he is unable to understand the consequences of his action - to 15 years. The present age is below 12 years under the Indian Penal Code (IPC), section 83.
The proposed law recommends a jail term up to three years and a fine of up to Rs25,000 for corporal punishment. The definition of corporal punishment now includes violence, cruelty and inhuman or degrading treatment by any person, including a child’s family members, school, relatives, friends, prisons and juvenile homes. IPC sections 232, 324, 325, 326, 341 and 342 will be applicable under such circumstances.
To prevent the growing trend of “child goddesses”, the proposed law bans dedicating a child to the service of any deity, idol, object of worship, temple or any other religious institution. The offence can attract rigorous punishment up to 14 years and fine up to Rs10 lakh. It also bans child beggars or forcing children to seek alms.
“Though a few offences are covered under various sections in the Indian Penal Code, it is mainly in a disjointed manner. We are bringing a comprehensive legislation which will cover all sorts of offences against the child,” said WCD minister Krishna Tirath. The minister is keen to table the bill in the monsoon session of the parliament.
Stressing on child-related jurisprudence and reforms in existing laws to protect children, chairperson of the National Commission for Protection of Child Rights (NCPCR) Shantha Sinha emphasised on fast-tracking cases involving children and handling these in a more sensitive way.
“There is need for adequate penal provisions for restitution, reparation and rehabilitation of a child for its life with dignity,” the NCPCR chairperson said.
WCD ministry officials said there is a lot of duplication and overlapping in the existing laws. The proposed law would be more comprehensive and being a special law will prevail over any other existing law coming in conflict with it.
June 21, 2010
14.6.10
Times of India
Girls hitting puberty before 10,says study
Growing numbers of girls are reaching puberty before the age of 10,raising fears of increased sexual activity among a new generation of children.
Scientists believe the phenomenon could be linked to obesity or exposure to chemicals in the food chain,and is putting girls at greater longterm risk of breast cancer.
A study conducted by researchers at University Hospital in Copenhagen has revealed that breast development in a sample of 1,000 girls started at an average age of 9 years and 10 months an entire year earlier than when a similar cohort was examined in 1991.
Hitting puberty early can mean longer exposure to oestrogen,which is a factor in breast cancer.There is also a greater risk of heart disease.
A number of artificially produced chemicals have been blamed for interfering with sexual development,notably bisphenol A,a plastic found in the lining of tin cans and babies feeding bottles.Another factor in puberty could be diet.Kids are eating more than previous generations and growing bigger many are turning obese.
13.6.10
Puberty for girls begins at 9 now
London, June 13 : A large number of girls are now reaching puberty before the age of 10, say scientists who believe the phenomenon could be linked to obesity or exposure to chemicals in the food chain.
A study has revealed that breast development in a sample of 1,000 girls started at an average age of nine years and 10 months - an entire year earlier than when a similar cohort was examined in 1991.
The research was conducted in Denmark in 2006, the latest year for which figures were available, but experts say the trend applies to Britain and other parts of Europe.
Data from America also point to the earlier onset of puberty.
The scientists have warned that such young girls are ill-equipped to cope with sexual development when they are still at primary school, and they could be at a greater long-term risk of developing breast cancer.
"We were very surprised that there had been such a change in a period of just 15 years," The Times quoted Anders Juul, head of the Department of Growth and Reproduction at the University hospital in Copenhagen, a world leader in the study of hormones and growth, as saying.
"If girls mature early, they run into teenage problems at an early age and they're more prone to diseases later on. We should be worried about this regardless of what we think the underlying reasons might be. It's a clear sign that something is affecting our children, whether it's junk food, environmental chemicals or lack of physical activity," Juul added.
18.6.10
Times of India
Sex education can start at age 5: UK watchdog
LONDON: Sex education should be taught to children from the age of five to give them the skills and confidence to delay sexual intimacy until they are ready, a British health watchdog said on Thursday.
Inadequate sex education at a young age is widely seen as contributing to Britain’s steep rate of teenage conception, still amongst the highest in Europe despite a 13% fall over the past decade.
The latest guidance from the National Institute for Health and Clinical Excellence (NICE) is in draft form and will not be compulsory, but the agency said it expected local authorities and others to follow it.
NICE said school governors should ensure education about sex and relationships and alcohol starts in primary school, which British children attend from the age of five. “Topics should be introduced and covered in a way that is appropriate to the maturity of pupils,” it said.
Times of India
Girls hitting puberty before 10,says study
Growing numbers of girls are reaching puberty before the age of 10,raising fears of increased sexual activity among a new generation of children.
Scientists believe the phenomenon could be linked to obesity or exposure to chemicals in the food chain,and is putting girls at greater longterm risk of breast cancer.
A study conducted by researchers at University Hospital in Copenhagen has revealed that breast development in a sample of 1,000 girls started at an average age of 9 years and 10 months an entire year earlier than when a similar cohort was examined in 1991.
Hitting puberty early can mean longer exposure to oestrogen,which is a factor in breast cancer.There is also a greater risk of heart disease.
A number of artificially produced chemicals have been blamed for interfering with sexual development,notably bisphenol A,a plastic found in the lining of tin cans and babies feeding bottles.Another factor in puberty could be diet.Kids are eating more than previous generations and growing bigger many are turning obese.
13.6.10
Puberty for girls begins at 9 now
London, June 13 : A large number of girls are now reaching puberty before the age of 10, say scientists who believe the phenomenon could be linked to obesity or exposure to chemicals in the food chain.
A study has revealed that breast development in a sample of 1,000 girls started at an average age of nine years and 10 months - an entire year earlier than when a similar cohort was examined in 1991.
The research was conducted in Denmark in 2006, the latest year for which figures were available, but experts say the trend applies to Britain and other parts of Europe.
Data from America also point to the earlier onset of puberty.
The scientists have warned that such young girls are ill-equipped to cope with sexual development when they are still at primary school, and they could be at a greater long-term risk of developing breast cancer.
"We were very surprised that there had been such a change in a period of just 15 years," The Times quoted Anders Juul, head of the Department of Growth and Reproduction at the University hospital in Copenhagen, a world leader in the study of hormones and growth, as saying.
"If girls mature early, they run into teenage problems at an early age and they're more prone to diseases later on. We should be worried about this regardless of what we think the underlying reasons might be. It's a clear sign that something is affecting our children, whether it's junk food, environmental chemicals or lack of physical activity," Juul added.
18.6.10
Times of India
Sex education can start at age 5: UK watchdog
LONDON: Sex education should be taught to children from the age of five to give them the skills and confidence to delay sexual intimacy until they are ready, a British health watchdog said on Thursday.
Inadequate sex education at a young age is widely seen as contributing to Britain’s steep rate of teenage conception, still amongst the highest in Europe despite a 13% fall over the past decade.
The latest guidance from the National Institute for Health and Clinical Excellence (NICE) is in draft form and will not be compulsory, but the agency said it expected local authorities and others to follow it.
NICE said school governors should ensure education about sex and relationships and alcohol starts in primary school, which British children attend from the age of five. “Topics should be introduced and covered in a way that is appropriate to the maturity of pupils,” it said.
June 6, 2010
3.6.10
Times of India
Anti-grooming’ software will catch online paedophiles
LONDON: Scientists have developed “anti-grooming” software, which can detect whether kids may be chatting with an adult posing as a child or a teenager on the internet.
The program, which has been developed by Lancaster University, uses language analysis technique to detect fraudsters. The key is that people of a particular age group have a particular vocabulary. Computer experts believe it could be a significant breakthrough in helping to catch paedophiles.
Researchers believe the software could eventually be used to pick up on “stylistic footprints” used by paedophiles, which would help police track them as they move around the internet.
In a study, when the software was installed on some computers, it correctly worked out whether it was an adult or a child using a chatroom in 47 cases out of 50 — including when an adult was pretending to be a child.
“Paedophiles often pose as children online and our research indicates that children don’t find it easy to spot an adult pretending to be a child,” the Independent quoted professor Awais Rashid, from Lancaster University’s computing department, as saying.
“We hope to develop a system which can pick up on quirks of language particular to a certain age group. These language patterns can help us expose adults who seek to groom children online.
“The software looks at a range of things, for example, the structure of sentences, the language which is being used and also things which indicate deception.”
It is hoped that an early working version of the software could be available by next summer.
4.6.10
Times of India
HCs often lax in convicting accused’
Apex Court Finds 2,280 Cases Of Rape, Murder Stayed By HCs
New Delhi: Ever wondered why so many accused in heinous crimes — murder, rape, kidnapping and dacoity — roam around for years before the law catches up with them?
This question bothered the Supreme Court a lot and it found that the High Courts were mainly responsible for such a sorry state of affairs. For, they have stayed the proceedings in these cases and forgotten all about them for years
As many as 2,280 cases relating to murder, rape, kidnapping and dacoity have been stayed by HCs at various — FIR, investigation, framing of charges and trial — stages and then left in the limbo, possibly allowing the accused to remain at large on bail. A Bench comprising Justices G S Singhvi and A K Ganguly sought assistance from Solicitor General Gopal Subramaniam for collating data on cases relating to the four categories of heinous crimes which have been stayed by HCs after it found an identical situation pointed out in a petition filed by Imtiaz Ahmed, where the Allahabad HC had stayed a criminal case since April 2003.
The efforts by the SG to collate such cases threw up startling facts:
Murder cases stayed at various stages by HCs were 1,021 (45% of the total cases), rape cases 492, kidnapping cases 550 and dacoity 217
As many as 41% of the 2,280 cases were pending for 2-6 years and 8% for more than 8 years. Of a total of 178 cases pending for more than 6 years, 97 were murder cases
Calcutta High Court appears to be the most liberal when it came to staying cases relating to heinous crimes accounting for 31% of the 2,280 cases. Allahabad High Court was not far behind having stayed 29% of the cases
In most of the cases across the HCs, the duration for which the case is pending varied from 1 to 4 years. It is seen that 34 out of 201 cases in Patna HC and 33 out of 653 cases in Allahabad HC were pending for more than 8 years After perusing the enormity of the situation and having regard to the case in hand that related to Allahabad HC, the Bench headed by Justice Singhvi requested the counsel for the High Court to furnish data about the number of cases which have been stayed at the stage of investigation or trial and listed the matter for further hearing on July 9.The report was submitted to the court by Subramaniam, who took assistance of Dr Pronab Sen and Dr G S Manna, secretary and deputy director in the ministry of statistics and programme implementation, in studying the data supplied by various HCs. The SG, in the concluding part of the report, said “the factfinding exercise by the Supreme Court has revealed a problem of serious dimension” and suggested that the apex court would be well within its jurisdiction to direct the HCs to dispose of the matter within a year from the date of grant of stay in cases relating to heinous crimes.
4.6.10
DNA
Imported rapists turn New Delhi into danger zone
New Delhi: That Delhi is the nation’s rape capital is well-known. What is not known is that a major chunk of criminals which has made it earn the dubious reputation are “outsiders”.
These are fly-by-night migrant labourers, mostly school dropouts aged 17-23 years, who come to the capital in search of work and disappear after 5-6 months.
According to a recent assessment by the Delhi Police crime branch, of the 185 rapes registered in the capital till May 15 this year, the accused in 52% cases were school dropouts.
“In most cases, the accused are dropouts who left school between the 6th and 8th grades,” a senior police officer said.
Over 84% of the rapes were recorded at 85 police stations, exactly 50% of the total number of police stations in Delhi.
“The people living in most of these areas [in northeast, south and northwest Delhi] belong to economically weak sections of society.
They are part of the migrating population that comes in search of work and leaves after a few months,” the officer said.
“These areas are semi-urban colonies that are densely populated. They have a huge number of clusters of one-room accommodations. The people living in these colonies are mainly daily wage workers,” he said.
The police assessment also revealed that in more than 96% of cases, the accused were known to victims. “There are cases where cousins or other family members assaulted girls,” the officer said.
“Though we have solved most cases, sometimes it is difficult to trace accused because they leave for their villages after committing crimes in the city,” he said.
Times of India
Anti-grooming’ software will catch online paedophiles
LONDON: Scientists have developed “anti-grooming” software, which can detect whether kids may be chatting with an adult posing as a child or a teenager on the internet.
The program, which has been developed by Lancaster University, uses language analysis technique to detect fraudsters. The key is that people of a particular age group have a particular vocabulary. Computer experts believe it could be a significant breakthrough in helping to catch paedophiles.
Researchers believe the software could eventually be used to pick up on “stylistic footprints” used by paedophiles, which would help police track them as they move around the internet.
In a study, when the software was installed on some computers, it correctly worked out whether it was an adult or a child using a chatroom in 47 cases out of 50 — including when an adult was pretending to be a child.
“Paedophiles often pose as children online and our research indicates that children don’t find it easy to spot an adult pretending to be a child,” the Independent quoted professor Awais Rashid, from Lancaster University’s computing department, as saying.
“We hope to develop a system which can pick up on quirks of language particular to a certain age group. These language patterns can help us expose adults who seek to groom children online.
“The software looks at a range of things, for example, the structure of sentences, the language which is being used and also things which indicate deception.”
It is hoped that an early working version of the software could be available by next summer.
4.6.10
Times of India
HCs often lax in convicting accused’
Apex Court Finds 2,280 Cases Of Rape, Murder Stayed By HCs
New Delhi: Ever wondered why so many accused in heinous crimes — murder, rape, kidnapping and dacoity — roam around for years before the law catches up with them?
This question bothered the Supreme Court a lot and it found that the High Courts were mainly responsible for such a sorry state of affairs. For, they have stayed the proceedings in these cases and forgotten all about them for years
As many as 2,280 cases relating to murder, rape, kidnapping and dacoity have been stayed by HCs at various — FIR, investigation, framing of charges and trial — stages and then left in the limbo, possibly allowing the accused to remain at large on bail. A Bench comprising Justices G S Singhvi and A K Ganguly sought assistance from Solicitor General Gopal Subramaniam for collating data on cases relating to the four categories of heinous crimes which have been stayed by HCs after it found an identical situation pointed out in a petition filed by Imtiaz Ahmed, where the Allahabad HC had stayed a criminal case since April 2003.
The efforts by the SG to collate such cases threw up startling facts:
Murder cases stayed at various stages by HCs were 1,021 (45% of the total cases), rape cases 492, kidnapping cases 550 and dacoity 217
As many as 41% of the 2,280 cases were pending for 2-6 years and 8% for more than 8 years. Of a total of 178 cases pending for more than 6 years, 97 were murder cases
Calcutta High Court appears to be the most liberal when it came to staying cases relating to heinous crimes accounting for 31% of the 2,280 cases. Allahabad High Court was not far behind having stayed 29% of the cases
In most of the cases across the HCs, the duration for which the case is pending varied from 1 to 4 years. It is seen that 34 out of 201 cases in Patna HC and 33 out of 653 cases in Allahabad HC were pending for more than 8 years After perusing the enormity of the situation and having regard to the case in hand that related to Allahabad HC, the Bench headed by Justice Singhvi requested the counsel for the High Court to furnish data about the number of cases which have been stayed at the stage of investigation or trial and listed the matter for further hearing on July 9.The report was submitted to the court by Subramaniam, who took assistance of Dr Pronab Sen and Dr G S Manna, secretary and deputy director in the ministry of statistics and programme implementation, in studying the data supplied by various HCs. The SG, in the concluding part of the report, said “the factfinding exercise by the Supreme Court has revealed a problem of serious dimension” and suggested that the apex court would be well within its jurisdiction to direct the HCs to dispose of the matter within a year from the date of grant of stay in cases relating to heinous crimes.
4.6.10
DNA
Imported rapists turn New Delhi into danger zone
New Delhi: That Delhi is the nation’s rape capital is well-known. What is not known is that a major chunk of criminals which has made it earn the dubious reputation are “outsiders”.
These are fly-by-night migrant labourers, mostly school dropouts aged 17-23 years, who come to the capital in search of work and disappear after 5-6 months.
According to a recent assessment by the Delhi Police crime branch, of the 185 rapes registered in the capital till May 15 this year, the accused in 52% cases were school dropouts.
“In most cases, the accused are dropouts who left school between the 6th and 8th grades,” a senior police officer said.
Over 84% of the rapes were recorded at 85 police stations, exactly 50% of the total number of police stations in Delhi.
“The people living in most of these areas [in northeast, south and northwest Delhi] belong to economically weak sections of society.
They are part of the migrating population that comes in search of work and leaves after a few months,” the officer said.
“These areas are semi-urban colonies that are densely populated. They have a huge number of clusters of one-room accommodations. The people living in these colonies are mainly daily wage workers,” he said.
The police assessment also revealed that in more than 96% of cases, the accused were known to victims. “There are cases where cousins or other family members assaulted girls,” the officer said.
“Though we have solved most cases, sometimes it is difficult to trace accused because they leave for their villages after committing crimes in the city,” he said.
May 25, 2010
12.5.10
Yahoo news
Women panel cautions girls against boyfriends Bhubaneswar: With rising cases of young girls being exploited by their friends who record their intimate moments, the State Commission for Women (SCW) in Orissa has asked all college-goers to be "very careful" about their boyfriends.
"This is a serious matter and a new trend in Orissa. We will sensitise girls through a state-wide campaign," SCW Chairperson Jyoti Panigrahi told reporters.
The matter relating to circulation of pornographic CDs involving college girls came to light after a 22-year-old girl committed suicide last year in Cuttack. She found her nude pictures in a CD allegedly made by her friend who had captured some of their intimate moments.
He was later arrested by police. Three more girls fell victim to the porn CD racket in Dhenkanal district last month. In all the cases, the boys allegedly took nude pictures of the girls after winning their confidence, Panigrahi said.
Besides porn CD cases in Cuttack and Dhenkanal, a similar incident came to light in Balangir district also. One of the girls in Dhenkanal recently attempted to commit suicide after finding her nude pictures in a CD available in the local market, she said.
14.5.10
Times of India
Wives gain courage in fight against abuse More Women Are Daring To File
Police Complaints About Cruelty And Threats To Their Life Due To Dowry Harassment
Mumbai: It appears the long and silently suffering Indian woman is finally taking the first steps to fight for herself.Undettered by what social activists term as laborious procedures at police stations,Maharashtras women are increasingly taking their dowry-demanding husbands to the police.
From 2006 to 2008,more than 30% more women from Maharashtra complained to the police about their husbands attempts to murder them for dowry.While 168 complaints were made in 2006,140 were made in 2008.
Separately,as against the 6,738 women who went to police stations in 2006 to complain about cruelty by husbands and relatives,14% more women did so in 2008.
According to the state economic survey,an increasing number of cases are being filed under the anti-Dowry Act and the Protection of Women from Domestic Violence (PWDV) Act.Since 2006,around 24,044 cases have been filed for dowry harassment and 2,731 cases under the PWDV Act.The majority of cases registered under the anti-Dowry Act relate to harassment by husband and relatives.
Activists see the trend as an assertion of rights by women and an effort to seek timely help.Violence in society is increasing,especially violence against women.The declining sex ratio shows the devaluation and commodification of women.But there is also increasing awareness and women are coming forward to seek help, said Sonia Gill of the All India Democratic Womens Association.
In a country where women have traditionally suffered silently rather than tarnish the family honour and cause suffering to their children,it is noteworthy that a majority of women who file complaints come from humble educational backgrounds,said Gill.
Womens organisations across the country maintain that it is very difficult for an ordinary woman to access the police station and courts.It has been our experience that the police do not accept complaints by a woman without mediation, said Gill.This means an NGO representative or a social worker should accompany the woman to the police station when she files a complaint.Moreover,the police do not register an FIR under Indian Penal Code 498-A (cruelty by husband or relatives) unless there is a pattern established by a number of preceding non-cognisable complaints filed by the woman.This is the standard operating procedure followed by the police in all cases of dowry harassment.
The police do not take domestic violence seriously and prefer to give the man a dressing down and send the couple back.So it is heartening that despite the difficulties,women a re s e e k i n g help to get out of violent situations, said Gill.
Even filing a case under the PWDV Act is an onerous task as there are not enough Protection Officers (PO) appointed.The POs,who hold administrative charge as well,are overburdened and do not have time for the women, added Gill.
Lawyer Vivekanand Gupta said the PWDV Act is a beautiful piece of legislation.It needs to be widely publicised,as any womanwhether a mother or someone living incan seek help.The act provides for a PO at every police station,but the state is yet to implement it, he said.H a r i s h S a d a n i,founder member,Men Against Violence and Abuse,said there is a need to change the mindset of men.The Indian woman has become assertive and this is heartening.But the mans psyche also needs to be changed, he said.Meanwhile,the laws are only marginally misused against men,claim activists.No scientific study has been done to ascertain if these laws are being misused.If they are,it is very marginal, said Arokya Swamy,of the Indian Institute of Population Sciences.
14.5.10
Times of India
40% of states young brides are below 18
Mumbai: It is ironic that in Maharashtra,where social reformers such as Mahatma Jyotiba Phule introduced the concept of womens rights over a century back,a huge number of women continue to get married before they turn 18.
According to the third District Level Household and Facility Survey,carried out in 2007-08,40.4% of women aged 20 to 24 had married before the age of 18.This disturbing statistic is in the Economic Survey of Maharashtra,which was presented to the state legislature during the recently concluded budget session.
The National Family Health Survey-3 also shows that the overall percentage of early marriages in Maharashtra is around 40% and in rural areas is as high as 52%.
The reasons are cultural, said Arokya Swamy,of the Indian Institute of Population Sciences.Swamy said that even boys are married off at an early age.Often,the boys are married off at ages 21 to 23 and families seek brides who are at least four to five years younger.So you have more women getting married before the legal age of 18, he said.
A direct and negative correlation is observed between education and early marriage.In Maharashtra,the enrollment in schools for both boys and girls in the 6-to-10 age bracket is 91%.This slips to 86% for boys and 80% for girls in the 11-to-14 bracket and dives to 53% for boys and 42% for girls in the 15-to-17 bracket.Barring a few states,only one-third of the girls who enroll in school make it to standards X to XII across the country,added Swamy.
Girls are not encouraged to study because then one would have to find a groom who is better qualified and has better job prospects,which would be a difficult task.Then,the marriage expenditure and dowry expectations would also be higher, he remarked.
Leena Joshi,director of Apnalaya,an NGO that works for slum children,said a declining marriage age is a growing trend both among the middle and poorer classes.Parents fear that if their daughter gets older she may marry someone of her choice and then,if the marriage doesnt work out,they will be burdened with looking after her.Secondly,they fear for the girls physical security, said Joshi.
The only positive thing about the middle class,she said,is that the in-laws tend to support the girls decision to study further and pursue a career.
15.5.10
DNA
Japanese government blocks a ban on child pornography
The Japanese government has blocked legal efforts to clamp down on child pornography, with the country becoming the world's "kiddie porn superpower," according to a pressure group.
The ruling Democratic Party of Japan has refused to support legislation that would outlaw the possession of child pornography on the grounds that it would infringe individuals' freedom of expression – although there has been a stepped-up police campaign against people that sell sexual images of children.
The National Police Agency said it received 4,486 complaints from the public of child pornography on the internet in 2009 and a record 650 people were charged with offences related to child pornography. Campaigners believe that represents the tip of the iceberg.
The DPJ opposed the bill and instead called for the definition of child pornography to be narrowed down, while acquisition for money and multiple acquisitions would be made illegal.
"We consider child pornography to be the worst of all evils and we find it hard to understand how images of naked children tied up with ropes can be considered acceptable,"
"The only people who will be pleased at the failure to pass this legislation are paedophiles."
17.5.10
Times of India
Rapists pay for victims’ rehab Goa Govt Implements SC Judgment On Sexual Abuse Compensation Scheme
Panaji: Prema (name changed) was 15 when she was sexually assaulted by a man in 2008. Two years after her ordeal, the illiterate girl from a poor family of labourers lives with her mother, afraid to venture out alone.
Shanti (name changed) is another illiterate girl from a poor labour class family who was sexually assaulted in 2001 when she was a minor. She too has been living indoors, fearful of visitors, too scared to trust anybody.
For the first time, the state has come to their rescue by sanctioning funds for their rehabilitation under the victim compensation scheme. A committee comprising the district magistrate, superintendent of police and superintendent of Aguada central jail has sanctioned Rs 50,000 to each of the victims and will place the money in a bank in fixed deposit for five years in favour of the girls.
The money for the compensation will come from the wages of the girls’ attackers. Prema’s attacker Mahesh Kagi is at present serving a sentence of 10 years’ rigorous imprisonment in Central jail, Aguada, while Shanti’s rapist Siddappa Jamuni is undergoing seven years’ RI.
The victim compensation scheme is the result of a landmark Supreme Court judgment of 1998 wherein the apex court directed that wages earned by the prisoners be deducted and paid as compensation to deserving victims of the crime through a common fund to be created for the purpose. The Goa committee has taken the help of the NGO, Prison Ministry under Sister Jane, to place the two girls at a welfare home where they will be educated and receive vocational training.
North Goa district magistrate Mihir Vardhan said, “The interest accruing on a quarterly basis will be used for their education and other expenditure. After five years, on becoming majors, the girls may take a decision about how to use the money. The committee will continue to monitor the progress of the two victims and if necessary, may think of further ways of providing support.’’
It is in compliance with this SC directive that the Goa (prisoners’ victim or his family of offence) Compensation Rules, 2005 came into existence.
15.5.10
Hindustan Times
What are condoms, pills?
If you believe that today’s youngsters are well-informed and don’t need sex education, consider this: More than 40 per cent of unmarried women (age 15 to 24) in Maharashtra don’t know about condoms and 72 per cent are clueless about emergency contraceptive pills, a survey has found.
On an average, 30 per cent of unmarried Indian women don’t know about condoms, the survey revealed.
While the lack of awareness may not have been a concern two decades ago, it spells trouble considering past studies have established that Indians are becoming sexually active at a younger age. The survey — the third District Level Household Survey (DLHS) — was commissioned by the Union Health Ministry to assess the current state of reproductive, maternal and child health across the country.
In Maharashtra, more than 37,600 households were surveyed between May and October 2008. A detailed report will be published soon.
Researchers found that while more than 75 per cent of women (married and unmarried) in the state knew about HIV/AIDS, nearly 73 per cent women had not even heard of other sexually transmitted infections (STIs).
Mumbai women were as ignorant — 70 per cent of them had not heard of STIs and barely 37 per cent knew that consistent use of condoms could protect one against HIV.
Worse, 18.7 per cent of married women in the state had symptoms of the infections. And, awareness levels were higher at the time of the second DLHS in 2002-4 when only 62.5 per cent women had not heard of STIs.
“The findings show that government programmes have succeeded in creating awareness about HIV/AIDS but not about other risks of irresponsible sexual behaviour,” said Dr Balram Paswan from the International Institute for Population Sciences, which conducted the survey.
22.5.10
Times of India
SEXUAL ASSAULT laws are archaic : Lawyer
Amendments A Must To Protect Women From Range Of Abuse,Says Activist
Mumbai: The draft bill for amendments to laws on rape and sexual assault mainly replaces the term rape with sexual assault in Section 375 of the Indian Penal Code (IPC).This means that the current penalty for rapeseven yearswould apply to a broader category of sexual offences.
The Union home ministry had invited comments from the general public on the draft bill till May 15.
Bringing sexual assault and rape under a single umbrella,the draft bill describes sexual assault as an act in which a man penetrates the vagina,anus,urethra or mouth of a woman with any part of his body or any object manipulated by him.The draft bill excludes penetrations by objects carried out for hygienic or medical reasons.
Lawyer and activist Flavia Agnes told TOI that such changes are needed because current sexual assault laws are archaic.She said several forms of sexual assault go unpunished.They will essentially help the police to act against those crimes in which a woman may not have been raped,but was subjected to sexual assault nevertheless, she said.
However,reactions from men sent to the home ministry have ranged from apprehensions that such laws could be used to extort money to outright panic that the doors would be thrown open for false cases that destroy reputations.
Writing to the Union home ministry,a group going by the name All India Forgotten Womens Association (AIFWA) said that even under current laws there were several cases in which successful businessmen,fashion designers,film producers,publishers,and many other simple,honest,decent men were among those who were threatened and falsely charged with rape. AIFWA said that the new law would make matters worse as it would not distinguish between violent rape and molestation.
Rajesh Kumar,a Delhi-based lawyer and mens rights activist,posted a copy of the bill for discussion on the internet and said it had elements which made it patently anti-men.Kumar worried that the nuances of the law could be used to file false cases against men even if a sexual relationship was consensual. He also said that the law was gender discriminatory as it recognised only sexual assault of women by men and not the other way around.
If the age of consent is raised,then any sexual act with a woman under 18 years of age would also be automatically regarded as a sexual assault,irrespective of whether she gave her consent or not.
Mumbai-based criminal lawyer Mubin Solkar told TOI, The proposed definition of sexual assault is too vague and thus open to misuse. For instance,even a man putting his tongue in a woman’s mouth could attract seven years in jail.
AIFWA,which sent a letter dated April 30 to the ministry, and later posted the contents of the letter on the internet, said that if the government enacts such a law it should also enact stringent clauses to punish women who file false cases. Accused men are subjected to humiliation, mental harassment and the trauma of lengthy trials before they are pronounced not guilty, AIFWA said. It demanded that standards of proof be made more stringent before the police file sexual assault cases.
The new offence of sexual assault would also be non-bailable,which means a man would face arrest the moment a case is lodged by the police. He would then have to approach a court for bail and could spend days in jail before his plea is taken up. Presently,sexual assault cases are bailable when dealt with under molestation laws.
Legally Speaking
Existing law |
The crime specified in Section 375 of the IPC is for rape,which is forced penetrative sexual intercourse between a man and woman
Draft bill |
The crime specified in section 375 is for sexual assault,in which a man penetrates the mouth,vagina,anus or urethra of a woman with any part of his body,or with an object (except for hygienic or medical purposes)
Existing |
Jail for rape is 7 years to life.Jail for sexual assault can be up to 2 years
Draft |
Jail for rape and sexual assault would be 7 years to life.Crimes by those in authority,like policeman,would get 10 years to life
Existing |
Age of consent 16
Draft |
Age of consent 18
No change | Certain aspects of the law wont change. For example,the factors that make a sexual act criminal.This includes an act done against a womans will,by putting in her the fear of death,while she is intoxicated and so on
Point-Counterpoint
Broad law needed
The current rape laws are archaic and amendments are a must.There are forms of penetrative sexual assaultlike when a man uses his fingers or an objectwhich go unpunished
Flavia Agnes | LAWYER AND ACTIVIST
Precise definitions needed
A more precise definition in the law would be better so that actual cases of sexual assault are punished and chances of harassment of innocent people are reduced
Mubin Solkar | CRIMINAL LAWYER
Changes would also help fight child sexual abuse
Amendments to the rape and sexual assault laws would not just help in cases involving adults,but also in cases involving the sexual abuse of children,say activists.
The weakness of the existing sexual assault laws were exposed most severely in cases involving child sexual abuse,where minors were sexually abused by adults who stopped just short of raping them.The new definition could change all that, said Flavia Agnes,an advocate and womens rights activist.
Broadening the law would help to fight evils like child sexual abuse, Agnes said.The proposal to raise the age of consent from 16 to 18 would also bring more child sexual abuse cases under the ambit of the law.In such instances,even if a girl below 18 has given her consent,the man can be prosecuted for sexual assault.
The amendments,contained in the draft bill prepared by a highpowered committee set up by the Union government,could forever change the manner in which the courts and police deal with cases of sexual assault.
The current definition of rape,as given under the Indian Penal Code (IPC),has often been criticised as being too weak and not in keeping with the times.Thus,the 19thcentury law looks at only forced sexual intercourse between a man and a woman as a crime.Other forms of predatory sexual assault,remained unaddressed or the culprits got away lightly by arguing that it was just molestation.
If the proposed amendments to the law are passed by Parliament,then experts say rape laws in India would be up-to-date.Thus,even in a situation where a man forces an object such as a pen into the mouth of a woman,he could suffer a harsh jail term.This is something that we have been demanding since the 1980s, Agnes said.
It has also been proposed that complaints by women be recorded as far as possible by women police officers.This is an attempt to sensitise the process of lodging FIRs by victims of sexual abuse,who often find it difficult to narrate their plight to a man.
There are,however,certain problems being pointed out in the proposed amendments.The changes are not gender neutral,defining sexual assault only as a crime by a man against a woman.Mens organisations have demanded that provisions of the law take care of those situations where a man is a victim of sexual abuse and harassment.
24.5.10
Times of India
Age of consent anomaly prompted rape law rejig
New Delhi: An illiterate,poor fathers petition in the Delhi high court has forced the Union government to agree to bring wide-ranging reforms in rape laws that will treat sex with any women less than 18 years of age as rape.
Mahadev,whose daughter was allegedly kidnapped and forcibly married only to become a pregnant underaged teen,had in his petition filed two years ago exposed the conflicting provisions in the IPC and the Prevention of Child Marriage Act that led to serious anomalies.Over two years,a special bench grappled with Mahadevs arguments made through his lawyer Arvind Jain and questioned the Centre,demanding to know why there were conflicting provisions in law that in effect encouraged child marriages.
The HC had also roped in bodies like the Law Commission and Womens Commission to brainstorm and find a solution.All this while Mahadevs pregnant daughter continued to languish in Nari Niketan because her husband was behind bars and the custody couldnt be given to the father.
Left with little room to manoeuvre,the government decided to amend the IPC and the CrPC to remove discrepancies that allow different penal yardsticks for age of consent (16),marriageable age (18) and exception to cohabit with wife (12-16 years).A draft bill submitted before the special bench on Friday by the government promises to keep 18 years as the uniform age for marriage and consent,abolishing all exceptions.In other words,sex with a girl less than 18 years will amount to rape and no discount can be given to a male who has a minor wife.Currently,marital rape of a minor has lesser punishment.
The draft bill also does away with an exception under section 198 of the CrPC that prohibited a court from taking cognizance of a rape complaint by a minor wife if lodged one year after the incident.
In his petition,Mahadev had urged the HC to strike down the sub-sections of Section 375 and 376,which do not consider rape of a woman by her husband as a crime.He had also challenged Section 6 (C) of the Hindu Minority and Guardian Act and Section 198(6) of the CrPC stating they were unconstitutional and in violation of his and his daughters fundamental rights.
RIGHTING THE WRONG
Discrepancies
The IPC and the CrPC allow different penal yardsticks for age of consent (16),marriageable age (18) and exception to cohabit with wife (12-16 years)
How the anomaly came to light
Mahadev,whose daughter was allegedly kidnapped and forcibly married only to become a pregnant teen,had in his petition before the Delhi high court filed two years ago exposed the conflicting provisions in the IPC and the Prevention of Child Marriage Act.A special bench took up the issue and asked the Centre why there were conflicting provisions in laws that,in turn,encouraged child marriages
Changes in the draft bill
A draft bill submitted before the special bench on Friday by the govt promises to keep 18 years as the uniform age for marriage and consent,abolishing all exceptions.In other words,sex with a girl less than 18 years will amount to rape and no discount can be given to a male who has a minor wife.Currently,marital rape of a minor has lesser punishment
Yahoo news
Women panel cautions girls against boyfriends Bhubaneswar: With rising cases of young girls being exploited by their friends who record their intimate moments, the State Commission for Women (SCW) in Orissa has asked all college-goers to be "very careful" about their boyfriends.
"This is a serious matter and a new trend in Orissa. We will sensitise girls through a state-wide campaign," SCW Chairperson Jyoti Panigrahi told reporters.
The matter relating to circulation of pornographic CDs involving college girls came to light after a 22-year-old girl committed suicide last year in Cuttack. She found her nude pictures in a CD allegedly made by her friend who had captured some of their intimate moments.
He was later arrested by police. Three more girls fell victim to the porn CD racket in Dhenkanal district last month. In all the cases, the boys allegedly took nude pictures of the girls after winning their confidence, Panigrahi said.
Besides porn CD cases in Cuttack and Dhenkanal, a similar incident came to light in Balangir district also. One of the girls in Dhenkanal recently attempted to commit suicide after finding her nude pictures in a CD available in the local market, she said.
14.5.10
Times of India
Wives gain courage in fight against abuse More Women Are Daring To File
Police Complaints About Cruelty And Threats To Their Life Due To Dowry Harassment
Mumbai: It appears the long and silently suffering Indian woman is finally taking the first steps to fight for herself.Undettered by what social activists term as laborious procedures at police stations,Maharashtras women are increasingly taking their dowry-demanding husbands to the police.
From 2006 to 2008,more than 30% more women from Maharashtra complained to the police about their husbands attempts to murder them for dowry.While 168 complaints were made in 2006,140 were made in 2008.
Separately,as against the 6,738 women who went to police stations in 2006 to complain about cruelty by husbands and relatives,14% more women did so in 2008.
According to the state economic survey,an increasing number of cases are being filed under the anti-Dowry Act and the Protection of Women from Domestic Violence (PWDV) Act.Since 2006,around 24,044 cases have been filed for dowry harassment and 2,731 cases under the PWDV Act.The majority of cases registered under the anti-Dowry Act relate to harassment by husband and relatives.
Activists see the trend as an assertion of rights by women and an effort to seek timely help.Violence in society is increasing,especially violence against women.The declining sex ratio shows the devaluation and commodification of women.But there is also increasing awareness and women are coming forward to seek help, said Sonia Gill of the All India Democratic Womens Association.
In a country where women have traditionally suffered silently rather than tarnish the family honour and cause suffering to their children,it is noteworthy that a majority of women who file complaints come from humble educational backgrounds,said Gill.
Womens organisations across the country maintain that it is very difficult for an ordinary woman to access the police station and courts.It has been our experience that the police do not accept complaints by a woman without mediation, said Gill.This means an NGO representative or a social worker should accompany the woman to the police station when she files a complaint.Moreover,the police do not register an FIR under Indian Penal Code 498-A (cruelty by husband or relatives) unless there is a pattern established by a number of preceding non-cognisable complaints filed by the woman.This is the standard operating procedure followed by the police in all cases of dowry harassment.
The police do not take domestic violence seriously and prefer to give the man a dressing down and send the couple back.So it is heartening that despite the difficulties,women a re s e e k i n g help to get out of violent situations, said Gill.
Even filing a case under the PWDV Act is an onerous task as there are not enough Protection Officers (PO) appointed.The POs,who hold administrative charge as well,are overburdened and do not have time for the women, added Gill.
Lawyer Vivekanand Gupta said the PWDV Act is a beautiful piece of legislation.It needs to be widely publicised,as any womanwhether a mother or someone living incan seek help.The act provides for a PO at every police station,but the state is yet to implement it, he said.H a r i s h S a d a n i,founder member,Men Against Violence and Abuse,said there is a need to change the mindset of men.The Indian woman has become assertive and this is heartening.But the mans psyche also needs to be changed, he said.Meanwhile,the laws are only marginally misused against men,claim activists.No scientific study has been done to ascertain if these laws are being misused.If they are,it is very marginal, said Arokya Swamy,of the Indian Institute of Population Sciences.
14.5.10
Times of India
40% of states young brides are below 18
Mumbai: It is ironic that in Maharashtra,where social reformers such as Mahatma Jyotiba Phule introduced the concept of womens rights over a century back,a huge number of women continue to get married before they turn 18.
According to the third District Level Household and Facility Survey,carried out in 2007-08,40.4% of women aged 20 to 24 had married before the age of 18.This disturbing statistic is in the Economic Survey of Maharashtra,which was presented to the state legislature during the recently concluded budget session.
The National Family Health Survey-3 also shows that the overall percentage of early marriages in Maharashtra is around 40% and in rural areas is as high as 52%.
The reasons are cultural, said Arokya Swamy,of the Indian Institute of Population Sciences.Swamy said that even boys are married off at an early age.Often,the boys are married off at ages 21 to 23 and families seek brides who are at least four to five years younger.So you have more women getting married before the legal age of 18, he said.
A direct and negative correlation is observed between education and early marriage.In Maharashtra,the enrollment in schools for both boys and girls in the 6-to-10 age bracket is 91%.This slips to 86% for boys and 80% for girls in the 11-to-14 bracket and dives to 53% for boys and 42% for girls in the 15-to-17 bracket.Barring a few states,only one-third of the girls who enroll in school make it to standards X to XII across the country,added Swamy.
Girls are not encouraged to study because then one would have to find a groom who is better qualified and has better job prospects,which would be a difficult task.Then,the marriage expenditure and dowry expectations would also be higher, he remarked.
Leena Joshi,director of Apnalaya,an NGO that works for slum children,said a declining marriage age is a growing trend both among the middle and poorer classes.Parents fear that if their daughter gets older she may marry someone of her choice and then,if the marriage doesnt work out,they will be burdened with looking after her.Secondly,they fear for the girls physical security, said Joshi.
The only positive thing about the middle class,she said,is that the in-laws tend to support the girls decision to study further and pursue a career.
15.5.10
DNA
Japanese government blocks a ban on child pornography
The Japanese government has blocked legal efforts to clamp down on child pornography, with the country becoming the world's "kiddie porn superpower," according to a pressure group.
The ruling Democratic Party of Japan has refused to support legislation that would outlaw the possession of child pornography on the grounds that it would infringe individuals' freedom of expression – although there has been a stepped-up police campaign against people that sell sexual images of children.
The National Police Agency said it received 4,486 complaints from the public of child pornography on the internet in 2009 and a record 650 people were charged with offences related to child pornography. Campaigners believe that represents the tip of the iceberg.
The DPJ opposed the bill and instead called for the definition of child pornography to be narrowed down, while acquisition for money and multiple acquisitions would be made illegal.
"We consider child pornography to be the worst of all evils and we find it hard to understand how images of naked children tied up with ropes can be considered acceptable,"
"The only people who will be pleased at the failure to pass this legislation are paedophiles."
17.5.10
Times of India
Rapists pay for victims’ rehab Goa Govt Implements SC Judgment On Sexual Abuse Compensation Scheme
Panaji: Prema (name changed) was 15 when she was sexually assaulted by a man in 2008. Two years after her ordeal, the illiterate girl from a poor family of labourers lives with her mother, afraid to venture out alone.
Shanti (name changed) is another illiterate girl from a poor labour class family who was sexually assaulted in 2001 when she was a minor. She too has been living indoors, fearful of visitors, too scared to trust anybody.
For the first time, the state has come to their rescue by sanctioning funds for their rehabilitation under the victim compensation scheme. A committee comprising the district magistrate, superintendent of police and superintendent of Aguada central jail has sanctioned Rs 50,000 to each of the victims and will place the money in a bank in fixed deposit for five years in favour of the girls.
The money for the compensation will come from the wages of the girls’ attackers. Prema’s attacker Mahesh Kagi is at present serving a sentence of 10 years’ rigorous imprisonment in Central jail, Aguada, while Shanti’s rapist Siddappa Jamuni is undergoing seven years’ RI.
The victim compensation scheme is the result of a landmark Supreme Court judgment of 1998 wherein the apex court directed that wages earned by the prisoners be deducted and paid as compensation to deserving victims of the crime through a common fund to be created for the purpose. The Goa committee has taken the help of the NGO, Prison Ministry under Sister Jane, to place the two girls at a welfare home where they will be educated and receive vocational training.
North Goa district magistrate Mihir Vardhan said, “The interest accruing on a quarterly basis will be used for their education and other expenditure. After five years, on becoming majors, the girls may take a decision about how to use the money. The committee will continue to monitor the progress of the two victims and if necessary, may think of further ways of providing support.’’
It is in compliance with this SC directive that the Goa (prisoners’ victim or his family of offence) Compensation Rules, 2005 came into existence.
15.5.10
Hindustan Times
What are condoms, pills?
If you believe that today’s youngsters are well-informed and don’t need sex education, consider this: More than 40 per cent of unmarried women (age 15 to 24) in Maharashtra don’t know about condoms and 72 per cent are clueless about emergency contraceptive pills, a survey has found.
On an average, 30 per cent of unmarried Indian women don’t know about condoms, the survey revealed.
While the lack of awareness may not have been a concern two decades ago, it spells trouble considering past studies have established that Indians are becoming sexually active at a younger age. The survey — the third District Level Household Survey (DLHS) — was commissioned by the Union Health Ministry to assess the current state of reproductive, maternal and child health across the country.
In Maharashtra, more than 37,600 households were surveyed between May and October 2008. A detailed report will be published soon.
Researchers found that while more than 75 per cent of women (married and unmarried) in the state knew about HIV/AIDS, nearly 73 per cent women had not even heard of other sexually transmitted infections (STIs).
Mumbai women were as ignorant — 70 per cent of them had not heard of STIs and barely 37 per cent knew that consistent use of condoms could protect one against HIV.
Worse, 18.7 per cent of married women in the state had symptoms of the infections. And, awareness levels were higher at the time of the second DLHS in 2002-4 when only 62.5 per cent women had not heard of STIs.
“The findings show that government programmes have succeeded in creating awareness about HIV/AIDS but not about other risks of irresponsible sexual behaviour,” said Dr Balram Paswan from the International Institute for Population Sciences, which conducted the survey.
22.5.10
Times of India
SEXUAL ASSAULT laws are archaic : Lawyer
Amendments A Must To Protect Women From Range Of Abuse,Says Activist
Mumbai: The draft bill for amendments to laws on rape and sexual assault mainly replaces the term rape with sexual assault in Section 375 of the Indian Penal Code (IPC).This means that the current penalty for rapeseven yearswould apply to a broader category of sexual offences.
The Union home ministry had invited comments from the general public on the draft bill till May 15.
Bringing sexual assault and rape under a single umbrella,the draft bill describes sexual assault as an act in which a man penetrates the vagina,anus,urethra or mouth of a woman with any part of his body or any object manipulated by him.The draft bill excludes penetrations by objects carried out for hygienic or medical reasons.
Lawyer and activist Flavia Agnes told TOI that such changes are needed because current sexual assault laws are archaic.She said several forms of sexual assault go unpunished.They will essentially help the police to act against those crimes in which a woman may not have been raped,but was subjected to sexual assault nevertheless, she said.
However,reactions from men sent to the home ministry have ranged from apprehensions that such laws could be used to extort money to outright panic that the doors would be thrown open for false cases that destroy reputations.
Writing to the Union home ministry,a group going by the name All India Forgotten Womens Association (AIFWA) said that even under current laws there were several cases in which successful businessmen,fashion designers,film producers,publishers,and many other simple,honest,decent men were among those who were threatened and falsely charged with rape. AIFWA said that the new law would make matters worse as it would not distinguish between violent rape and molestation.
Rajesh Kumar,a Delhi-based lawyer and mens rights activist,posted a copy of the bill for discussion on the internet and said it had elements which made it patently anti-men.Kumar worried that the nuances of the law could be used to file false cases against men even if a sexual relationship was consensual. He also said that the law was gender discriminatory as it recognised only sexual assault of women by men and not the other way around.
If the age of consent is raised,then any sexual act with a woman under 18 years of age would also be automatically regarded as a sexual assault,irrespective of whether she gave her consent or not.
Mumbai-based criminal lawyer Mubin Solkar told TOI, The proposed definition of sexual assault is too vague and thus open to misuse. For instance,even a man putting his tongue in a woman’s mouth could attract seven years in jail.
AIFWA,which sent a letter dated April 30 to the ministry, and later posted the contents of the letter on the internet, said that if the government enacts such a law it should also enact stringent clauses to punish women who file false cases. Accused men are subjected to humiliation, mental harassment and the trauma of lengthy trials before they are pronounced not guilty, AIFWA said. It demanded that standards of proof be made more stringent before the police file sexual assault cases.
The new offence of sexual assault would also be non-bailable,which means a man would face arrest the moment a case is lodged by the police. He would then have to approach a court for bail and could spend days in jail before his plea is taken up. Presently,sexual assault cases are bailable when dealt with under molestation laws.
Legally Speaking
Existing law |
The crime specified in Section 375 of the IPC is for rape,which is forced penetrative sexual intercourse between a man and woman
Draft bill |
The crime specified in section 375 is for sexual assault,in which a man penetrates the mouth,vagina,anus or urethra of a woman with any part of his body,or with an object (except for hygienic or medical purposes)
Existing |
Jail for rape is 7 years to life.Jail for sexual assault can be up to 2 years
Draft |
Jail for rape and sexual assault would be 7 years to life.Crimes by those in authority,like policeman,would get 10 years to life
Existing |
Age of consent 16
Draft |
Age of consent 18
No change | Certain aspects of the law wont change. For example,the factors that make a sexual act criminal.This includes an act done against a womans will,by putting in her the fear of death,while she is intoxicated and so on
Point-Counterpoint
Broad law needed
The current rape laws are archaic and amendments are a must.There are forms of penetrative sexual assaultlike when a man uses his fingers or an objectwhich go unpunished
Flavia Agnes | LAWYER AND ACTIVIST
Precise definitions needed
A more precise definition in the law would be better so that actual cases of sexual assault are punished and chances of harassment of innocent people are reduced
Mubin Solkar | CRIMINAL LAWYER
Changes would also help fight child sexual abuse
Amendments to the rape and sexual assault laws would not just help in cases involving adults,but also in cases involving the sexual abuse of children,say activists.
The weakness of the existing sexual assault laws were exposed most severely in cases involving child sexual abuse,where minors were sexually abused by adults who stopped just short of raping them.The new definition could change all that, said Flavia Agnes,an advocate and womens rights activist.
Broadening the law would help to fight evils like child sexual abuse, Agnes said.The proposal to raise the age of consent from 16 to 18 would also bring more child sexual abuse cases under the ambit of the law.In such instances,even if a girl below 18 has given her consent,the man can be prosecuted for sexual assault.
The amendments,contained in the draft bill prepared by a highpowered committee set up by the Union government,could forever change the manner in which the courts and police deal with cases of sexual assault.
The current definition of rape,as given under the Indian Penal Code (IPC),has often been criticised as being too weak and not in keeping with the times.Thus,the 19thcentury law looks at only forced sexual intercourse between a man and a woman as a crime.Other forms of predatory sexual assault,remained unaddressed or the culprits got away lightly by arguing that it was just molestation.
If the proposed amendments to the law are passed by Parliament,then experts say rape laws in India would be up-to-date.Thus,even in a situation where a man forces an object such as a pen into the mouth of a woman,he could suffer a harsh jail term.This is something that we have been demanding since the 1980s, Agnes said.
It has also been proposed that complaints by women be recorded as far as possible by women police officers.This is an attempt to sensitise the process of lodging FIRs by victims of sexual abuse,who often find it difficult to narrate their plight to a man.
There are,however,certain problems being pointed out in the proposed amendments.The changes are not gender neutral,defining sexual assault only as a crime by a man against a woman.Mens organisations have demanded that provisions of the law take care of those situations where a man is a victim of sexual abuse and harassment.
24.5.10
Times of India
Age of consent anomaly prompted rape law rejig
New Delhi: An illiterate,poor fathers petition in the Delhi high court has forced the Union government to agree to bring wide-ranging reforms in rape laws that will treat sex with any women less than 18 years of age as rape.
Mahadev,whose daughter was allegedly kidnapped and forcibly married only to become a pregnant underaged teen,had in his petition filed two years ago exposed the conflicting provisions in the IPC and the Prevention of Child Marriage Act that led to serious anomalies.Over two years,a special bench grappled with Mahadevs arguments made through his lawyer Arvind Jain and questioned the Centre,demanding to know why there were conflicting provisions in law that in effect encouraged child marriages.
The HC had also roped in bodies like the Law Commission and Womens Commission to brainstorm and find a solution.All this while Mahadevs pregnant daughter continued to languish in Nari Niketan because her husband was behind bars and the custody couldnt be given to the father.
Left with little room to manoeuvre,the government decided to amend the IPC and the CrPC to remove discrepancies that allow different penal yardsticks for age of consent (16),marriageable age (18) and exception to cohabit with wife (12-16 years).A draft bill submitted before the special bench on Friday by the government promises to keep 18 years as the uniform age for marriage and consent,abolishing all exceptions.In other words,sex with a girl less than 18 years will amount to rape and no discount can be given to a male who has a minor wife.Currently,marital rape of a minor has lesser punishment.
The draft bill also does away with an exception under section 198 of the CrPC that prohibited a court from taking cognizance of a rape complaint by a minor wife if lodged one year after the incident.
In his petition,Mahadev had urged the HC to strike down the sub-sections of Section 375 and 376,which do not consider rape of a woman by her husband as a crime.He had also challenged Section 6 (C) of the Hindu Minority and Guardian Act and Section 198(6) of the CrPC stating they were unconstitutional and in violation of his and his daughters fundamental rights.
RIGHTING THE WRONG
Discrepancies
The IPC and the CrPC allow different penal yardsticks for age of consent (16),marriageable age (18) and exception to cohabit with wife (12-16 years)
How the anomaly came to light
Mahadev,whose daughter was allegedly kidnapped and forcibly married only to become a pregnant teen,had in his petition before the Delhi high court filed two years ago exposed the conflicting provisions in the IPC and the Prevention of Child Marriage Act.A special bench took up the issue and asked the Centre why there were conflicting provisions in laws that,in turn,encouraged child marriages
Changes in the draft bill
A draft bill submitted before the special bench on Friday by the govt promises to keep 18 years as the uniform age for marriage and consent,abolishing all exceptions.In other words,sex with a girl less than 18 years will amount to rape and no discount can be given to a male who has a minor wife.Currently,marital rape of a minor has lesser punishment
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