27.11.10
Mumbai Mirror
Child sexual abuse cases on the rise: Study
A study on child sexual abuse conducted in 13 states by the Ministry of Women and Child Development in 2007 shows that out of the 12,447 children interviewed, more than 53 per cent had faced one or more forms of sexual abuse. The figures were published in a report titled, Child Abuse, 2007.
According to data from the National Crime Records Bureau, from 2,265 cases in 2001, the number has increased to 5,749 in 2008.
Not only that, 50 per cent abusers were persons known to the child or in a position of trust and responsibility, the Lok Sabha was informed on Friday.
Replying to a written question, Minister of State for Women and Child Development Krishna Tirath said, “The government proposes to bring in a new law to protect children against sexual offences of various types.” She added, “The draft Bill regards the best interests and well-being of the child as of paramount importance at every stage of the judicial process.”
November 28, 2010
November 25, 2010
25.11.10
Times of India
NGO Maps Citys Violent Reality Through RTI
Mumbai: Delhi has for long been perceived as Indias rape capital,whereas Mumbai is viewed as one of the safest cities in India for women.But data on crime against women in Mumbai over the last two years paints a rather grim picture of the city,with one rape occurring every two days in Mumbai.
North-central Mumbai has witnessed the highest number of rape cases,with 75 rapes reported in two years.Meanwhile,north-west Mumbai tops the charts when it comes to molestations.Incidentally,the report shows that every area in Mumbai has seen a decrease in the number of rape cases from 2008-09 to 2009-10,except for north-west Mumbai,which has seen an increase.
The above are some of the findings of a report on crime in Mumbai by the Praja Foundation.The report is the result of a series of RTI applications.
Our analysis in this white paper does not directly talk about the city polices preparation for another 26/11-style attack,but of the dayto-day 26/11 situations that the city and its people are facing, said Nitai Mehta,founder trustee,Praja.
The results of the report may come as a surprise for many Mumbaikars.Take for instance the fact that South Mumbai tops the charts for murder across all regions in the city,with 90 murders committed in the area over the last two years.South Mumbai has also witnessed the highest number of housebreaks (1,114) and thefts (3,037) in this period.
Times of India
NGO Maps Citys Violent Reality Through RTI
Mumbai: Delhi has for long been perceived as Indias rape capital,whereas Mumbai is viewed as one of the safest cities in India for women.But data on crime against women in Mumbai over the last two years paints a rather grim picture of the city,with one rape occurring every two days in Mumbai.
North-central Mumbai has witnessed the highest number of rape cases,with 75 rapes reported in two years.Meanwhile,north-west Mumbai tops the charts when it comes to molestations.Incidentally,the report shows that every area in Mumbai has seen a decrease in the number of rape cases from 2008-09 to 2009-10,except for north-west Mumbai,which has seen an increase.
The above are some of the findings of a report on crime in Mumbai by the Praja Foundation.The report is the result of a series of RTI applications.
Our analysis in this white paper does not directly talk about the city polices preparation for another 26/11-style attack,but of the dayto-day 26/11 situations that the city and its people are facing, said Nitai Mehta,founder trustee,Praja.
The results of the report may come as a surprise for many Mumbaikars.Take for instance the fact that South Mumbai tops the charts for murder across all regions in the city,with 90 murders committed in the area over the last two years.South Mumbai has also witnessed the highest number of housebreaks (1,114) and thefts (3,037) in this period.
November 23, 2010
20.11.10
Hindustan Times
Docs at Nair show how to handle child abuse cases
With cases of child abuse coming to fore often, the Mutli Disciplinary Child Protection Centre at the Nair Hospital organised a chart exhibition on Friday. The doctors had put up charts displaying behavioural signs parents need to lookout for to find out if their child has been sexually abused.
Dr Pawan Sable, a member of the centre, said the police should be careful while dealing with such victims. "Right from the time the victim informs her parents till the time the case is argued in the court, the victim has to recount the crime. This adds to her already traumatised state of mind," Dr Sable said.
"If possible the police must video record statement to ensure he/she does not go through the trauma of recounting their experiences," he added.
A young child may find it intimidating to approach the police. So it helps if some police officers visit the victim's residence. “In the court, the accused and the victim need to be present. However, there have been instances when judges have given permission to put a curtain between the two to ensure the victim cannot see the accused. This helps her in giving the version freely," Dr Sable said.
The centre, started in 2006 jointly by Nair Hospital authorities and UNICEF, makes an attempt to ensure that all the needs of victims who have been sexually abused or involved in trafficking for sexual ends are provided with all the necessary measures from medical aid to legal measures.
22.11.10
DNA
Statement by minor in rape case cannot be dismissed: Bombay high court
The Bombay high court has held that a minor rape victim’s statement about the crime may not be clear but her version cannot be dismissed as unreliable.
Justice VR Kingaonkar of Aurangabad bench on November 15 upheld conviction awarded by the Jalgaon additional session court to Uttam Thakare, a resident of Manyakheda taluka. He was sentenced to rigorous imprisonment for 10 years.
A complaint was lodged by Gautambai that on June 6, 2005 around 6pm her granddaughter, 7, who was playing near a godown, did not return home. Around 10.30pm, neighbours brought the girl home. Gautambai noticed that the girl’s private parts were swollen and bleeding. She found out that the girl had been taken by Thakare to a field.
An FIR was lodged next morning. Medical examination revealed that she was raped and sodomised. Thakare, who was absconding then, was subsequently arrested.
His lawyer argued that in absence of any direct evidence, the sessions court erred in accepting the prosecution’s version. He submitted that the girl “is rustic, of tender age and is not a reliable witness” and also “tutored” and therefore no implicit reliance could be placed on her version.
Kingaonkar noted said the sessions judge found the girl unable to appropriately describe Thakare’s alleged acts. “She narrated that he had slept over her body. Hence, she bled from her vagina. The victim’s statement may not be clear as far as sexual intercourse is concerned, yet, her version makes it clear that it was the appellant who had taken her to the field and ‘fallen over her body’,” the judge noted.
Hindustan Times
Docs at Nair show how to handle child abuse cases
With cases of child abuse coming to fore often, the Mutli Disciplinary Child Protection Centre at the Nair Hospital organised a chart exhibition on Friday. The doctors had put up charts displaying behavioural signs parents need to lookout for to find out if their child has been sexually abused.
Dr Pawan Sable, a member of the centre, said the police should be careful while dealing with such victims. "Right from the time the victim informs her parents till the time the case is argued in the court, the victim has to recount the crime. This adds to her already traumatised state of mind," Dr Sable said.
"If possible the police must video record statement to ensure he/she does not go through the trauma of recounting their experiences," he added.
A young child may find it intimidating to approach the police. So it helps if some police officers visit the victim's residence. “In the court, the accused and the victim need to be present. However, there have been instances when judges have given permission to put a curtain between the two to ensure the victim cannot see the accused. This helps her in giving the version freely," Dr Sable said.
The centre, started in 2006 jointly by Nair Hospital authorities and UNICEF, makes an attempt to ensure that all the needs of victims who have been sexually abused or involved in trafficking for sexual ends are provided with all the necessary measures from medical aid to legal measures.
22.11.10
DNA
Statement by minor in rape case cannot be dismissed: Bombay high court
The Bombay high court has held that a minor rape victim’s statement about the crime may not be clear but her version cannot be dismissed as unreliable.
Justice VR Kingaonkar of Aurangabad bench on November 15 upheld conviction awarded by the Jalgaon additional session court to Uttam Thakare, a resident of Manyakheda taluka. He was sentenced to rigorous imprisonment for 10 years.
A complaint was lodged by Gautambai that on June 6, 2005 around 6pm her granddaughter, 7, who was playing near a godown, did not return home. Around 10.30pm, neighbours brought the girl home. Gautambai noticed that the girl’s private parts were swollen and bleeding. She found out that the girl had been taken by Thakare to a field.
An FIR was lodged next morning. Medical examination revealed that she was raped and sodomised. Thakare, who was absconding then, was subsequently arrested.
His lawyer argued that in absence of any direct evidence, the sessions court erred in accepting the prosecution’s version. He submitted that the girl “is rustic, of tender age and is not a reliable witness” and also “tutored” and therefore no implicit reliance could be placed on her version.
Kingaonkar noted said the sessions judge found the girl unable to appropriately describe Thakare’s alleged acts. “She narrated that he had slept over her body. Hence, she bled from her vagina. The victim’s statement may not be clear as far as sexual intercourse is concerned, yet, her version makes it clear that it was the appellant who had taken her to the field and ‘fallen over her body’,” the judge noted.
November 16, 2010
11.11.10
BBC news
Row over Amazon sales of paedophile advice guide
A self-published guide giving advice to paedophiles that was on sale through online retailer Amazon is stirring up controversy, with some threatening to boycott the website.
The Pedophile's Guide to Love and Pleasure: a Child-lover's Code of Conduct has now been removed from sale.
But Amazon had defended the listing, saying it did not promote criminal acts but also avoided censorship.
Amazon allows authors to submit their own books and shares revenue with them.
Before authors are able to sell a work on the site, they are asked to read a set of guidelines, which bans offensive materials.
But Amazon does not specifically state on its website what material it deems offensive, instead saying "probably what you would expect".
Boycott threat
In recent hours the book listing appears to have been removed from the Amazon website. But there has been no response yet to BBC requests for a statement from the retailer.
It had previously adopted a defiant posture, saying in a statement: "Amazon believes it is censorship not to sell certain books simply because we or others believe their message is objectionable.
"Amazon does not support or promote hatred or criminal acts, however, we do support the right of every individual to make their own purchasing decisions."
The author, listed as Philip R Greaves II, argues that paedophiles are misunderstood and purports to offer advice to help them abide by the law.
Individuals on the micro-blogging website Twitter have asked Amazon to remove the book from its site, while some are threatening to boycott the retailer.
One Amazon user posted a comment on the site, saying that "to see a book like this on Amazon's 'shelves', so to speak, is very troubling to me".
The title is being sold for the Kindle electronic reader.
13.11.10
DNA
Activists bemoan lack of laws to deal with child sexual abuse
As SPS Rathore, the molester of a minor who was driven to suicide following the abuse, got bail, welfare foundations held a workshop in the city on Friday to sensitise policemen about child sexual abuse.
The workshop was conducted by the National Institute of Public Cooperation and Child Development in collaboration with the Childline foundation. It saw participation from assistant commissioners of police, senior police inspectors, community police and members of the crime branch.
“With a rampant increase in the cases of child sexual abuse, this workshop is an attempt to sensitise policemen about the psychological, legal and medical aspects related to child sexual abuse, as they are the one who deal with such cases on a daily basis,” said Jojo Verghese, city coordinator, Childline.
A matter of serious concern is the weak judicial system in India. Ranjeet Chouguley, director of the Justice and Care organisation, spoke about the legal aspects of child sexual abuse. He pointed that no specialised legislation for child sexual abuse are yet in place.
Speaking with DNA, he said, “The Juvenile Justice Act is a welfare Act but does not look at the criminal aspects of putting perpetrators behind bars. As of now, for child sexual abuse cases, we need to rely on provisions of legislation meant for adults. This is really unfair. We are hoping to implement some concrete laws once the Child Protection Bill gets passed in the winter session.”
Neeta Athale, faculty at the Tata Institute of Social Sciences, talked about the psychological aspects of child sexual abuse. What is worrisome, she said, is that a large number of cases do not get reported. This is because in 75% cases, the person who subjects a child to abuse is a family member, relative or a person who holds a position of trust with the child.
Jaspal Singh Ragi, ACP of Meghavadi, who attended the workshop, said, “Child sexual abuse is a sin to humanity. Cases are on the rise, because the laws are weak and the perpetrators easily go scot-free.”
Talking about the workshop, he said, “This workshop was very useful and clarified a lot of doubts that we had. I would recommend this workshop to be conducted at zonal level with more officers participating.” Such awareness campaigns are a step forward to ensure a healthy and happy childhood.
15.11.10
Times of India
Payouts for rape victims soon
Plan For.150Cr Corpus Cleared By Expenditure Panel,Awaits FinMin Nod
New Delhi: A week after the Union Cabinet gave its nod to a legislation that will protect women from sexual harassment at the workplace,another landmark scheme to provide financial aid to rape victims could soon be a reality.
The government has cleared the decks for providing the victims or their legal heirs with financial aid to ensure restorative justice in the form of legal and medical assistance,shelter,counselling and other support services.
The planmooted by the ministry of women and child development (WCD)has been cleared by the expenditure finance committee and awaits a nod by the finance ministry.It entails the creation of a corpus of Rs 150 crore.
Under the scheme,victims will receive interim financial assistance of Rs 20,000 and restorative support services of up to Rs 50,000.The final assistance can be up to a maximum of Rs 1.30 lakh.
While this relief can be accessed by a woman,minor girl or legal heirs of a victim,the aid can go up to Rs 3 lakh under certain circumstances.In special cases involving minor girls,mentally-challenged or handicapped women,those suffering from HIV/AIDS or STDs,the amount can be higher.Rape is one of the most violent forms of crime against women,which impacts her socially,mentally and psychologically.This scheme will provide restorative justice by not just giving immediate relief but also addressing long-term problems like shelter,medical and legal aid, Krishna Tirath,WCD minister,said.
According to guidelines laid down by the ministry,the interim relief should be paid within three weeks of filing an application with a district board.
Taking a humanitarian view of the circumstances,the ministry has allowed for a time period of 60 days from the date of recording an FIR to file an application.The police station will also be required to forward a copy of the medical certificate and preliminary investigation report within 72 hours.The district board can disburse the interim relief of Rs 20,000 after a preliminary inquiry as far as possible within 15 days and in a maximum of three weeks.On the assessment of the needs of the affected woman,the board will be empowered to arrange support services like medical treatment,psychological counselling and alternative accommodation.The final amount of Rs 1.30 lakh can be directly disbursed by the district board within a period of one month from the date of which the affected person gives her evidence in the criminal trial or within a year from the date of filing an FIR.
The claim by a victim can be rejected by the board if the affected person does not inform the police,has delayed filing a complaint or FIR,turns hostile during the trial,appears collusive or the complaint is not based on verifiable facts.The scheme also envisages setting up of a state and national criminal injuries relief and rehabilitation board.
RELIEF FUND
Under the proposed scheme,rape victims will receive interim financial assistance of Rs 20,000 and restorative support services of up to Rs 50,000 The final assistance can be up to Rs 1.3 lakh.In certain cases,it can go up to Rs 3 lakh This relief can be accessed by a woman,minor girl or legal heirs of a victim The interim relief should be paid within three weeks of filing an application with a district board This scheme will provide restorative justice to rape victims by addressing long-term problems like shelter,medical and legal aid Krishna Tirath
BBC news
Row over Amazon sales of paedophile advice guide
A self-published guide giving advice to paedophiles that was on sale through online retailer Amazon is stirring up controversy, with some threatening to boycott the website.
The Pedophile's Guide to Love and Pleasure: a Child-lover's Code of Conduct has now been removed from sale.
But Amazon had defended the listing, saying it did not promote criminal acts but also avoided censorship.
Amazon allows authors to submit their own books and shares revenue with them.
Before authors are able to sell a work on the site, they are asked to read a set of guidelines, which bans offensive materials.
But Amazon does not specifically state on its website what material it deems offensive, instead saying "probably what you would expect".
Boycott threat
In recent hours the book listing appears to have been removed from the Amazon website. But there has been no response yet to BBC requests for a statement from the retailer.
It had previously adopted a defiant posture, saying in a statement: "Amazon believes it is censorship not to sell certain books simply because we or others believe their message is objectionable.
"Amazon does not support or promote hatred or criminal acts, however, we do support the right of every individual to make their own purchasing decisions."
The author, listed as Philip R Greaves II, argues that paedophiles are misunderstood and purports to offer advice to help them abide by the law.
Individuals on the micro-blogging website Twitter have asked Amazon to remove the book from its site, while some are threatening to boycott the retailer.
One Amazon user posted a comment on the site, saying that "to see a book like this on Amazon's 'shelves', so to speak, is very troubling to me".
The title is being sold for the Kindle electronic reader.
13.11.10
DNA
Activists bemoan lack of laws to deal with child sexual abuse
As SPS Rathore, the molester of a minor who was driven to suicide following the abuse, got bail, welfare foundations held a workshop in the city on Friday to sensitise policemen about child sexual abuse.
The workshop was conducted by the National Institute of Public Cooperation and Child Development in collaboration with the Childline foundation. It saw participation from assistant commissioners of police, senior police inspectors, community police and members of the crime branch.
“With a rampant increase in the cases of child sexual abuse, this workshop is an attempt to sensitise policemen about the psychological, legal and medical aspects related to child sexual abuse, as they are the one who deal with such cases on a daily basis,” said Jojo Verghese, city coordinator, Childline.
A matter of serious concern is the weak judicial system in India. Ranjeet Chouguley, director of the Justice and Care organisation, spoke about the legal aspects of child sexual abuse. He pointed that no specialised legislation for child sexual abuse are yet in place.
Speaking with DNA, he said, “The Juvenile Justice Act is a welfare Act but does not look at the criminal aspects of putting perpetrators behind bars. As of now, for child sexual abuse cases, we need to rely on provisions of legislation meant for adults. This is really unfair. We are hoping to implement some concrete laws once the Child Protection Bill gets passed in the winter session.”
Neeta Athale, faculty at the Tata Institute of Social Sciences, talked about the psychological aspects of child sexual abuse. What is worrisome, she said, is that a large number of cases do not get reported. This is because in 75% cases, the person who subjects a child to abuse is a family member, relative or a person who holds a position of trust with the child.
Jaspal Singh Ragi, ACP of Meghavadi, who attended the workshop, said, “Child sexual abuse is a sin to humanity. Cases are on the rise, because the laws are weak and the perpetrators easily go scot-free.”
Talking about the workshop, he said, “This workshop was very useful and clarified a lot of doubts that we had. I would recommend this workshop to be conducted at zonal level with more officers participating.” Such awareness campaigns are a step forward to ensure a healthy and happy childhood.
15.11.10
Times of India
Payouts for rape victims soon
Plan For.150Cr Corpus Cleared By Expenditure Panel,Awaits FinMin Nod
New Delhi: A week after the Union Cabinet gave its nod to a legislation that will protect women from sexual harassment at the workplace,another landmark scheme to provide financial aid to rape victims could soon be a reality.
The government has cleared the decks for providing the victims or their legal heirs with financial aid to ensure restorative justice in the form of legal and medical assistance,shelter,counselling and other support services.
The planmooted by the ministry of women and child development (WCD)has been cleared by the expenditure finance committee and awaits a nod by the finance ministry.It entails the creation of a corpus of Rs 150 crore.
Under the scheme,victims will receive interim financial assistance of Rs 20,000 and restorative support services of up to Rs 50,000.The final assistance can be up to a maximum of Rs 1.30 lakh.
While this relief can be accessed by a woman,minor girl or legal heirs of a victim,the aid can go up to Rs 3 lakh under certain circumstances.In special cases involving minor girls,mentally-challenged or handicapped women,those suffering from HIV/AIDS or STDs,the amount can be higher.Rape is one of the most violent forms of crime against women,which impacts her socially,mentally and psychologically.This scheme will provide restorative justice by not just giving immediate relief but also addressing long-term problems like shelter,medical and legal aid, Krishna Tirath,WCD minister,said.
According to guidelines laid down by the ministry,the interim relief should be paid within three weeks of filing an application with a district board.
Taking a humanitarian view of the circumstances,the ministry has allowed for a time period of 60 days from the date of recording an FIR to file an application.The police station will also be required to forward a copy of the medical certificate and preliminary investigation report within 72 hours.The district board can disburse the interim relief of Rs 20,000 after a preliminary inquiry as far as possible within 15 days and in a maximum of three weeks.On the assessment of the needs of the affected woman,the board will be empowered to arrange support services like medical treatment,psychological counselling and alternative accommodation.The final amount of Rs 1.30 lakh can be directly disbursed by the district board within a period of one month from the date of which the affected person gives her evidence in the criminal trial or within a year from the date of filing an FIR.
The claim by a victim can be rejected by the board if the affected person does not inform the police,has delayed filing a complaint or FIR,turns hostile during the trial,appears collusive or the complaint is not based on verifiable facts.The scheme also envisages setting up of a state and national criminal injuries relief and rehabilitation board.
RELIEF FUND
Under the proposed scheme,rape victims will receive interim financial assistance of Rs 20,000 and restorative support services of up to Rs 50,000 The final assistance can be up to Rs 1.3 lakh.In certain cases,it can go up to Rs 3 lakh This relief can be accessed by a woman,minor girl or legal heirs of a victim The interim relief should be paid within three weeks of filing an application with a district board This scheme will provide restorative justice to rape victims by addressing long-term problems like shelter,medical and legal aid Krishna Tirath
October 26, 2010
25.10.10
Times of India
Sex after false promise of marriage is rape: Court
MUMBAI: Stating that sexual relationships with a woman on false promise of marriage amounts to rape, a sessions court last week convicted a 20-year-old man for sexually exploiting his colleague. Saying that the accused caused damage to the victim's reputation and left behind a trail of misery, additional sessions Judge SD Bhate sentenced the accused to five years of rigorous imprisonment for rape and cheating.
The victim who was 18 years old at the time of the incident even gave birth to a baby girl as a result of the relationship. Since the accused refused to accept both the victim and the baby, the child was given up for adoption. According to the prosecution, the victim, Sarita (name changed), from Goregaon(E), used to attend night school and worked at a factory owned by her relatives since 2005. The accused, Pawan Harijan, also worked in the same factory. On May 16, 2008, Harijan asked Sarita to come to the factory at night. After reaching the factory, she found Harijan was alone there. When she refused to enter the factory, the accused dragged her inside and locked the door.
Promising to marry her, the accused had sex with her. Over the next month Harijan had sex with the victim several times while promising to marry her. In July 2008, Harijan went to his village in UP, saying that he would return in 15 days. He, however, didn't come back.
25.10.10
Hindustan Times
Crimes against girls on the rise, police claim
The arrests of two teenaged boys allegedly for committing sexual crimes against four-year-old girls last week, are not stray incidents, the Mumbai police claim. Statistics available with the police department say that crimes against minor girls in the city are on the rise.
Until September this year, 115 cases of molestation of girls have been reported. The figure in 2009 was 111
There has also been a rise in cases of outraging the modesty of girls from 14 cases in 2009 to 19 this year, police records claim.
“We suspect there could be many more such instances that don’t make it to the crime registers,” Deven Bharti, additional commissioner of police (crime), said. “Many children are abused and exploited in slums and those instances are seldom reported. But one thing is for sure that such cases are on the rise.”
Madhavi Mhatre, activist with Childline India Foundation, attributed the rise in these cases to sociological factors.
“There are more nuclear families with working parents. Children are left alone at home and are more vulnerable to abuse,” Mhatre said. “In joint families, there was a support structure even when the parents were away.” Snehal Rane from Balprafulta, an organisation working for child rights, said: “Young girls and boys are easy targets because there is a belief that they can be easily controlled. In most cases, the child is too scared to reveal anything about the incident to anyone.”
Dr. Nilima Mehta, former chairperson of the Child Welfare Committee said pressure to survive causes frustration that, in turn, leads to aggressive behaviour. “This aggression is directed towards vulnerable people like children and senior citizens,” she said. “There is also the factor of alienation and anonymity these days when people are not even aware about their next-door neighbours. Earlier, your neighbour’s children were like your children. In certain cases, they are seen as convenient targets.”
Mhatre said the police need to ensure that such cases are investigated properly and punitive action be taken. “Therapeutic treatment for the victim and the accused will help,” she said.
26.10.10
Times of India
Child’s rights violation rampant in India’
50% Schoolkids Interviewed Say They Had Faced Sexual Abuse: Survey
London: In a shocking revelation,more than 50% children interviewed for a survey in India to determine the extent of violence against them said they had faced sexual abuse.In total,12,500 schoolchildren in 13 states between five and 18,as well as otherwise,took part in the research.
The report by Plan International,a childrens organization here,said India has the dubious third rank among 13 countries in terms of estimated economic cost of corporal punishment.Plan calculated that anything between $1.4 billion and $7.4 billion was lost every year in India by way of social benefits because of physical ill-treatment in schools.This is premised on how the larger economy is affected by the impact of such punishment,causing poor pupils attendance and academic performance.Only the US and Brazil suffered greater economic damage in the same sphere.According to Plans findings,corporal punishment is widespread in Indian schools,despite being illegal.More than 65% children,its report claimed,said they had been beaten up.A majority of such victims are in state schools.
The study also discovered that caste and gender discrimination was the major cause of violence against children.It said many students abandoned their studies because of such humiliation,which included hitting with hands or sticks,making them stand in various positions for long hours and tying them to chairs.More boys (54%) than girls (45%) were subjected to corporal punishment.Students in Assam,Mizoram and Uttar Pradesh reported the highest rates of corporal punishment,while Rajasthan and Goa reported the lowest.
26.10.10
Mumbai Mirror
Neglected children sexually abuse siblings
A new study has suggested that kids who are born into families in which abuse, violence and neglect is common are more likely to indulge in sexually abusing other children. The researchers studies boys aged 10 or under who have molested siblings, classmates, or friends.
The study found that the boys were unable to form healthy relationships as a result of neglectful and hostile parenting.
Even before starting school, they were anxious, angry and detached; bed-wetting, nightmares, self-harm and eating problems were common.
By the time they received specialist help they had all perpetrated serious abuse against several children.
The research, conducted in the London-based National Clinical Assessment and Treatment Service, found that the authorities as well as teachers, social workers and doctors, often missed numerous opportunities to intervene.
Colin Hawkes, the study's author, said that professionals often ignore, dismiss or punish early warning signs such as a child exposing himself or talking explicitly about sex because they find it difficult to believe that children are physically or emotionally capable of such things.
The study also found that in a third of the 27 cases in its sample group the birth mother was suspected of sexually abusing her child.
The study asserted that in many cases the abusers copy what adults around them are doing.
They may also be seeking control in response to the cruelty and loneliness of their own lives, while spoiling the life of a "luckier or happier" child.
Researchers were most shocked to find that many of the boys had learnt to groom and target vulnerable children. "This small minority cannot think straight. They have never experienced calm, coherent parenting," the Herald Sun quoted Hawkes as saying.
"By the time we see them they have been spinning through a spiral of thoughts and feelings and sexually harmful behaviours for years. Early intervention is key as the longer you leave it, the more likely these harmful patterns become fixed (in the brain)," he said.
The findings would be published in Child Abuse Review next year.
26.10.10
DNA
Beware ! Mess with the kids, and you have had it – Centre brings family members, relatives, teachers etc,. under the ambit of special law to prevent child sex abuse
The government is bringing what could be termed mother of all legislations to protect children (up to the age of 18) from sexual exploitation.
Protection of Children from Sexual Offences Bill (PCSOB), 2010, has been finalised and will most likely be placed before the Union cabinet for clearance next week. It will be tabled in parliament in the winter session. PCSOB will be superior to all other existing provisions of IPC.
The bill, which may soon become a law, expands the definition of incestuous sexual assaults to include, apart from parents and family members, to relatives, teachers, heads of institutions, staff, managers, etc.
It makes persons having knowledge of such attacks - media, hotel where the assault has occurred, hospitals, studios, neighbours, relatives — accountable for reporting the matter to police and proposes punishment otherwise.
“The term incest is seen as limited to relations with father or brother. An attempt has been made to widen its horizon to include all those people who are related to the child in some way,” Bharati Ali of Haq, an NGO for child rights, said. Ali was part of the bill making process.
Getting wiser with the Ruchika Girhotra case, the government has realised that molestation is a mild term. Hence, for the first time, sexual harassment has been made a crime against children too, which will include any sort of misbehaviour with a child done with “sexual intent”.
Uttering a word, or making a sound (like whistling) or a gesture or exhibiting any object or body part with “sexual intent” to attract the attention of a child will be seen as sexual harassment attracting punishment up to three years in jail.
“We have tried to cover all aspects of sexual assault to provide better protection from sexual abuse while stipulating stringent punishment as a deterrent. This will contribute to a sense of security among children and allow them to live with freedom and dignity,” women and child development minister Krishna Tirath said.
The bill proposes innovations such as child-friendly courts and procedures and punishment for not reporting offences and for false complaints and information. In cases where the victim is below 16, the onus of proving that s/he has not committed the offence will be on the accused.
The bill covers all aspects of sexual offences - aggravated, aggravated penetrative, assault by armed and security forces and school authorities. Physically incapacitating a child or causing him/her to become mentally ill, even if temporarily, making a girl pregnant, inflicting HIV/AIDS or any other life-threatening disease or infection that may incapacitate a child will be seen as an aggravated form of sexual assault.
Police officers investigating such cases shall ensure that victims do not come in physical contact with accused and do not see them while testifying. A harsher punishment has been prescribed if offences under the bill are committed by public servants, police officers, security or army officers or persons in position of trust or authority.
However, child rights activists complained the bill does not address the issue of supporting victims and their families. “The intention should not be to define crime and prescribe punishment. In special laws, criminality gets lost and becomes a social issue. The special points in the new law should be incorporated under a special chapter in IPC, which is the Bible for police. New law will further lead to duplication and complication,” Bharati Ali said.
Times of India
Sex after false promise of marriage is rape: Court
MUMBAI: Stating that sexual relationships with a woman on false promise of marriage amounts to rape, a sessions court last week convicted a 20-year-old man for sexually exploiting his colleague. Saying that the accused caused damage to the victim's reputation and left behind a trail of misery, additional sessions Judge SD Bhate sentenced the accused to five years of rigorous imprisonment for rape and cheating.
The victim who was 18 years old at the time of the incident even gave birth to a baby girl as a result of the relationship. Since the accused refused to accept both the victim and the baby, the child was given up for adoption. According to the prosecution, the victim, Sarita (name changed), from Goregaon(E), used to attend night school and worked at a factory owned by her relatives since 2005. The accused, Pawan Harijan, also worked in the same factory. On May 16, 2008, Harijan asked Sarita to come to the factory at night. After reaching the factory, she found Harijan was alone there. When she refused to enter the factory, the accused dragged her inside and locked the door.
Promising to marry her, the accused had sex with her. Over the next month Harijan had sex with the victim several times while promising to marry her. In July 2008, Harijan went to his village in UP, saying that he would return in 15 days. He, however, didn't come back.
25.10.10
Hindustan Times
Crimes against girls on the rise, police claim
The arrests of two teenaged boys allegedly for committing sexual crimes against four-year-old girls last week, are not stray incidents, the Mumbai police claim. Statistics available with the police department say that crimes against minor girls in the city are on the rise.
Until September this year, 115 cases of molestation of girls have been reported. The figure in 2009 was 111
There has also been a rise in cases of outraging the modesty of girls from 14 cases in 2009 to 19 this year, police records claim.
“We suspect there could be many more such instances that don’t make it to the crime registers,” Deven Bharti, additional commissioner of police (crime), said. “Many children are abused and exploited in slums and those instances are seldom reported. But one thing is for sure that such cases are on the rise.”
Madhavi Mhatre, activist with Childline India Foundation, attributed the rise in these cases to sociological factors.
“There are more nuclear families with working parents. Children are left alone at home and are more vulnerable to abuse,” Mhatre said. “In joint families, there was a support structure even when the parents were away.” Snehal Rane from Balprafulta, an organisation working for child rights, said: “Young girls and boys are easy targets because there is a belief that they can be easily controlled. In most cases, the child is too scared to reveal anything about the incident to anyone.”
Dr. Nilima Mehta, former chairperson of the Child Welfare Committee said pressure to survive causes frustration that, in turn, leads to aggressive behaviour. “This aggression is directed towards vulnerable people like children and senior citizens,” she said. “There is also the factor of alienation and anonymity these days when people are not even aware about their next-door neighbours. Earlier, your neighbour’s children were like your children. In certain cases, they are seen as convenient targets.”
Mhatre said the police need to ensure that such cases are investigated properly and punitive action be taken. “Therapeutic treatment for the victim and the accused will help,” she said.
26.10.10
Times of India
Child’s rights violation rampant in India’
50% Schoolkids Interviewed Say They Had Faced Sexual Abuse: Survey
London: In a shocking revelation,more than 50% children interviewed for a survey in India to determine the extent of violence against them said they had faced sexual abuse.In total,12,500 schoolchildren in 13 states between five and 18,as well as otherwise,took part in the research.
The report by Plan International,a childrens organization here,said India has the dubious third rank among 13 countries in terms of estimated economic cost of corporal punishment.Plan calculated that anything between $1.4 billion and $7.4 billion was lost every year in India by way of social benefits because of physical ill-treatment in schools.This is premised on how the larger economy is affected by the impact of such punishment,causing poor pupils attendance and academic performance.Only the US and Brazil suffered greater economic damage in the same sphere.According to Plans findings,corporal punishment is widespread in Indian schools,despite being illegal.More than 65% children,its report claimed,said they had been beaten up.A majority of such victims are in state schools.
The study also discovered that caste and gender discrimination was the major cause of violence against children.It said many students abandoned their studies because of such humiliation,which included hitting with hands or sticks,making them stand in various positions for long hours and tying them to chairs.More boys (54%) than girls (45%) were subjected to corporal punishment.Students in Assam,Mizoram and Uttar Pradesh reported the highest rates of corporal punishment,while Rajasthan and Goa reported the lowest.
26.10.10
Mumbai Mirror
Neglected children sexually abuse siblings
A new study has suggested that kids who are born into families in which abuse, violence and neglect is common are more likely to indulge in sexually abusing other children. The researchers studies boys aged 10 or under who have molested siblings, classmates, or friends.
The study found that the boys were unable to form healthy relationships as a result of neglectful and hostile parenting.
Even before starting school, they were anxious, angry and detached; bed-wetting, nightmares, self-harm and eating problems were common.
By the time they received specialist help they had all perpetrated serious abuse against several children.
The research, conducted in the London-based National Clinical Assessment and Treatment Service, found that the authorities as well as teachers, social workers and doctors, often missed numerous opportunities to intervene.
Colin Hawkes, the study's author, said that professionals often ignore, dismiss or punish early warning signs such as a child exposing himself or talking explicitly about sex because they find it difficult to believe that children are physically or emotionally capable of such things.
The study also found that in a third of the 27 cases in its sample group the birth mother was suspected of sexually abusing her child.
The study asserted that in many cases the abusers copy what adults around them are doing.
They may also be seeking control in response to the cruelty and loneliness of their own lives, while spoiling the life of a "luckier or happier" child.
Researchers were most shocked to find that many of the boys had learnt to groom and target vulnerable children. "This small minority cannot think straight. They have never experienced calm, coherent parenting," the Herald Sun quoted Hawkes as saying.
"By the time we see them they have been spinning through a spiral of thoughts and feelings and sexually harmful behaviours for years. Early intervention is key as the longer you leave it, the more likely these harmful patterns become fixed (in the brain)," he said.
The findings would be published in Child Abuse Review next year.
26.10.10
DNA
Beware ! Mess with the kids, and you have had it – Centre brings family members, relatives, teachers etc,. under the ambit of special law to prevent child sex abuse
The government is bringing what could be termed mother of all legislations to protect children (up to the age of 18) from sexual exploitation.
Protection of Children from Sexual Offences Bill (PCSOB), 2010, has been finalised and will most likely be placed before the Union cabinet for clearance next week. It will be tabled in parliament in the winter session. PCSOB will be superior to all other existing provisions of IPC.
The bill, which may soon become a law, expands the definition of incestuous sexual assaults to include, apart from parents and family members, to relatives, teachers, heads of institutions, staff, managers, etc.
It makes persons having knowledge of such attacks - media, hotel where the assault has occurred, hospitals, studios, neighbours, relatives — accountable for reporting the matter to police and proposes punishment otherwise.
“The term incest is seen as limited to relations with father or brother. An attempt has been made to widen its horizon to include all those people who are related to the child in some way,” Bharati Ali of Haq, an NGO for child rights, said. Ali was part of the bill making process.
Getting wiser with the Ruchika Girhotra case, the government has realised that molestation is a mild term. Hence, for the first time, sexual harassment has been made a crime against children too, which will include any sort of misbehaviour with a child done with “sexual intent”.
Uttering a word, or making a sound (like whistling) or a gesture or exhibiting any object or body part with “sexual intent” to attract the attention of a child will be seen as sexual harassment attracting punishment up to three years in jail.
“We have tried to cover all aspects of sexual assault to provide better protection from sexual abuse while stipulating stringent punishment as a deterrent. This will contribute to a sense of security among children and allow them to live with freedom and dignity,” women and child development minister Krishna Tirath said.
The bill proposes innovations such as child-friendly courts and procedures and punishment for not reporting offences and for false complaints and information. In cases where the victim is below 16, the onus of proving that s/he has not committed the offence will be on the accused.
The bill covers all aspects of sexual offences - aggravated, aggravated penetrative, assault by armed and security forces and school authorities. Physically incapacitating a child or causing him/her to become mentally ill, even if temporarily, making a girl pregnant, inflicting HIV/AIDS or any other life-threatening disease or infection that may incapacitate a child will be seen as an aggravated form of sexual assault.
Police officers investigating such cases shall ensure that victims do not come in physical contact with accused and do not see them while testifying. A harsher punishment has been prescribed if offences under the bill are committed by public servants, police officers, security or army officers or persons in position of trust or authority.
However, child rights activists complained the bill does not address the issue of supporting victims and their families. “The intention should not be to define crime and prescribe punishment. In special laws, criminality gets lost and becomes a social issue. The special points in the new law should be incorporated under a special chapter in IPC, which is the Bible for police. New law will further lead to duplication and complication,” Bharati Ali said.
October 19, 2010
17.10.10
Hindustan Times
UP cops target HT for report on minor’s rape
Instead of arresting the alleged rapist of a nine-year-old girl in her school premises where she bled to death, the Kanpur police unleashed its fury on Hindustan Times and its sister publication, Hindi daily Hindustan on Friday night for their unrelenting campaign for justice for Divya Bhadoria.
Divya was allegedly sodomised by the son of the manager of Bharti Gyansthali School on September 27. School authorities did not even take her to a hospital while she bled. They just dropped her dead body at her home.
The police, apparently keen to shield manager Chandrapal Verma's son Piyush Verma, a postgraduate science student, took no action for the 18 days that Hindustan Times and Hindustan reported intensively on the case and generated a public outrage.
But the sustained campaign by the two dailies and mounting public pressure seemed to have compelled the police to finally arrest Piyush Verma for sodomy and murder and send his father to jail for criminal negligence.
But the matter did not end there. Hours after arresting Piyush on Friday, the police descended on the offices of HT and Hindustan.
A police jeep rolled into the premises of the two dailies at 11 pm, followed by policemen from a nearby police station. They detained editorial and non-editorial staff, intimidating them and accusing them of using stolen vehicles.
The posse of 14 policemen, who stayed on till 2.30 am, sealed the premises, preventing distribution of the newspapers.
17.10.10
Mumbai Mirror
HC sets up watchdog for children’s homes
Dr Asha Bajpai to head panel to ensure there is no repeat of what happened at the Kavdas orphanage recently
The court asked Dr Bajpai to choose five members to assist her and, on the suggestion of the state, added that Women and Child Development secretary Vandna Krishna will help her in the selection.
The committee will examine ground realities and working of these homes. It will also form sub-committees to regularly inspect the homes, so that a repeat of what happened at Kavdas does not occur.
In an important development that emerged as an off shoot in the case after the two sexually abused girls were shifted to KEM, the court endorsed a suggestion from Dr Bajpai that paediatric wards of general hospitals should reserve beds for mentally deficient children, and that such children should not be accommodated in the general psychiatric ward.
At last Thursday’s hearing, Dr Bajpai pointed out that it was important to have separate beds for children who suffered trauma and that they should not be kept with adults in the psychiatric ward as it could result in more trauma.
The court considered the suggestion and passed directions on Saturday. The state also submitted that other facilities like Child Protection Units, district welfare officers and other issues will be dealt with within three months.
The division bench of Justice Mohit Shah and Justice D Y Chandrachud asked the Child Welfare Committee and the DWCD about the condition of the other 28 homes. “This is one case that has come to light, but if there are 29 homes across the state, what is the state in the other homes, have you inspected them?” asked the judges.
Interestingly, when questioned about the recommendation given to the Kavdas orphanage, advocate Nitin Pradhan who represents CWC said it was given on an informal letter. “It is important that three committee members visit a home before recommendation is given, but in this case only one member went there and the letter was given innocently. It was not even a proper formal letter,” he said.
Shocked by the response, the court asked how the home even came into being. “There were shops and galas where the children were kept - how can that be done?” asked Justice Chandrachud.
Dr Bajpai further said that the blame game between the nodal agencies should stop, their roles should be clearly defined, and in cases such as Kavdas, they should come together to address the issue.
The CWC-DWCD tiff is evident, as on minor issues like ID cards, the agencies blame each other.
This was clear when it was submitted by the KEM counsel, that if CWC members want to visit girls kept there, they should carry their cards. But CWC members said that the state had not given them ID cards. The state in response said “members have not given their photographs”.
The court has now instructed CWC to find suitable homes for the girls with the help of the amicus curiae and DWCD.
The court also called for the criminal investigation to be speeded up and, more importantly, a women officer be appointed as IO and, if possible, a lady judge should hear the case.
The next hearing is on October 26.
17.10.10
Sunday Times
No virgin territory!
Youngsters these days are under greater pressure to be sexually active very early, says psychiatrist Anjali Chhabria
Teenage sex has become a trend of the new generation as girls and boys have the desire to explore their sexuality at a younger age now-a-days. It could be out of curiosity or because of exposure of western television shows. The general thought pattern of a teen is: I'm a teenager, what's the harm in exploring. Along with there new-found independence, premarital sex is no longer seen as a taboo.
This makes sex education in schools compulsory. Teenagers are aware of masturbation and tools of sexual pleasure before entering college. Because they have access to pornography, sex is treated as a means for gratification rather than an expression of love. That often makes them comfortable with having one-night stands and blind sex dates.
Teenage years are marked with insecurities of the future and teens are critical about themselves and face issues of low self-esteem and low confidence and they are more likely to feel the urge to move out of their homes. It's only as a person matures that he/she looks at bonding, and the need for physical intimacy increases as there is pressured to behave in a 'manly/ womanly' manner.
As a case in point, let's look at a 17-year-old boy who was depressed and claimed that he already had two sexual encounters with girls of his age. His depression resulted from the fact that his present girlfriend had to undergo an abortion. This weakened their relationship and they couldn't even relate to each other any more.
Cases like this highlight the need to address the issue in a mature manner. Teenagers should be taught to act in a more responsible way. And, parents need to be friends with their children at this age rather than taking an authoritative or passive approach. One needs to discuss the pros and cons of irresponsible sexual behaviour.
Parents should teach their children to be assertive and say 'no' to peers, especially when it involves sex, drugs and alcohol. If youngsters are taught that sex should not be viewed as a means of revenge or to prove a point to one's peers, it will help them develop a healthy attitude towards the opposite sex.
Youngsters should be taught that their behaviour should be out of their own will rather than to compete for attention or to be accepted by a peer group.
Parents should assist their teenage children by helping them find appropriate social groups.
Getting teenagers involved in activities that they are passionate about, like reading, music, sports, etc, their energy can be channelise in a more productive manner.
Hindustan Times
UP cops target HT for report on minor’s rape
Instead of arresting the alleged rapist of a nine-year-old girl in her school premises where she bled to death, the Kanpur police unleashed its fury on Hindustan Times and its sister publication, Hindi daily Hindustan on Friday night for their unrelenting campaign for justice for Divya Bhadoria.
Divya was allegedly sodomised by the son of the manager of Bharti Gyansthali School on September 27. School authorities did not even take her to a hospital while she bled. They just dropped her dead body at her home.
The police, apparently keen to shield manager Chandrapal Verma's son Piyush Verma, a postgraduate science student, took no action for the 18 days that Hindustan Times and Hindustan reported intensively on the case and generated a public outrage.
But the sustained campaign by the two dailies and mounting public pressure seemed to have compelled the police to finally arrest Piyush Verma for sodomy and murder and send his father to jail for criminal negligence.
But the matter did not end there. Hours after arresting Piyush on Friday, the police descended on the offices of HT and Hindustan.
A police jeep rolled into the premises of the two dailies at 11 pm, followed by policemen from a nearby police station. They detained editorial and non-editorial staff, intimidating them and accusing them of using stolen vehicles.
The posse of 14 policemen, who stayed on till 2.30 am, sealed the premises, preventing distribution of the newspapers.
17.10.10
Mumbai Mirror
HC sets up watchdog for children’s homes
Dr Asha Bajpai to head panel to ensure there is no repeat of what happened at the Kavdas orphanage recently
The court asked Dr Bajpai to choose five members to assist her and, on the suggestion of the state, added that Women and Child Development secretary Vandna Krishna will help her in the selection.
The committee will examine ground realities and working of these homes. It will also form sub-committees to regularly inspect the homes, so that a repeat of what happened at Kavdas does not occur.
In an important development that emerged as an off shoot in the case after the two sexually abused girls were shifted to KEM, the court endorsed a suggestion from Dr Bajpai that paediatric wards of general hospitals should reserve beds for mentally deficient children, and that such children should not be accommodated in the general psychiatric ward.
At last Thursday’s hearing, Dr Bajpai pointed out that it was important to have separate beds for children who suffered trauma and that they should not be kept with adults in the psychiatric ward as it could result in more trauma.
The court considered the suggestion and passed directions on Saturday. The state also submitted that other facilities like Child Protection Units, district welfare officers and other issues will be dealt with within three months.
The division bench of Justice Mohit Shah and Justice D Y Chandrachud asked the Child Welfare Committee and the DWCD about the condition of the other 28 homes. “This is one case that has come to light, but if there are 29 homes across the state, what is the state in the other homes, have you inspected them?” asked the judges.
Interestingly, when questioned about the recommendation given to the Kavdas orphanage, advocate Nitin Pradhan who represents CWC said it was given on an informal letter. “It is important that three committee members visit a home before recommendation is given, but in this case only one member went there and the letter was given innocently. It was not even a proper formal letter,” he said.
Shocked by the response, the court asked how the home even came into being. “There were shops and galas where the children were kept - how can that be done?” asked Justice Chandrachud.
Dr Bajpai further said that the blame game between the nodal agencies should stop, their roles should be clearly defined, and in cases such as Kavdas, they should come together to address the issue.
The CWC-DWCD tiff is evident, as on minor issues like ID cards, the agencies blame each other.
This was clear when it was submitted by the KEM counsel, that if CWC members want to visit girls kept there, they should carry their cards. But CWC members said that the state had not given them ID cards. The state in response said “members have not given their photographs”.
The court has now instructed CWC to find suitable homes for the girls with the help of the amicus curiae and DWCD.
The court also called for the criminal investigation to be speeded up and, more importantly, a women officer be appointed as IO and, if possible, a lady judge should hear the case.
The next hearing is on October 26.
17.10.10
Sunday Times
No virgin territory!
Youngsters these days are under greater pressure to be sexually active very early, says psychiatrist Anjali Chhabria
Teenage sex has become a trend of the new generation as girls and boys have the desire to explore their sexuality at a younger age now-a-days. It could be out of curiosity or because of exposure of western television shows. The general thought pattern of a teen is: I'm a teenager, what's the harm in exploring. Along with there new-found independence, premarital sex is no longer seen as a taboo.
This makes sex education in schools compulsory. Teenagers are aware of masturbation and tools of sexual pleasure before entering college. Because they have access to pornography, sex is treated as a means for gratification rather than an expression of love. That often makes them comfortable with having one-night stands and blind sex dates.
Teenage years are marked with insecurities of the future and teens are critical about themselves and face issues of low self-esteem and low confidence and they are more likely to feel the urge to move out of their homes. It's only as a person matures that he/she looks at bonding, and the need for physical intimacy increases as there is pressured to behave in a 'manly/ womanly' manner.
As a case in point, let's look at a 17-year-old boy who was depressed and claimed that he already had two sexual encounters with girls of his age. His depression resulted from the fact that his present girlfriend had to undergo an abortion. This weakened their relationship and they couldn't even relate to each other any more.
Cases like this highlight the need to address the issue in a mature manner. Teenagers should be taught to act in a more responsible way. And, parents need to be friends with their children at this age rather than taking an authoritative or passive approach. One needs to discuss the pros and cons of irresponsible sexual behaviour.
Parents should teach their children to be assertive and say 'no' to peers, especially when it involves sex, drugs and alcohol. If youngsters are taught that sex should not be viewed as a means of revenge or to prove a point to one's peers, it will help them develop a healthy attitude towards the opposite sex.
Youngsters should be taught that their behaviour should be out of their own will rather than to compete for attention or to be accepted by a peer group.
Parents should assist their teenage children by helping them find appropriate social groups.
Getting teenagers involved in activities that they are passionate about, like reading, music, sports, etc, their energy can be channelise in a more productive manner.
October 11, 2010
10.10.10
Hindustan Times
Early trauma influences adult behaviour, say psychiatrists
Children separated from their mothers or abandoned soon after birth grow up into anxious or depressed adults, said city psychotherapists, confirming recent findings of a study on animal models published in the Journal of Neuroscience. A study on rats carried out by the Tata Institute of Fundamental
Research in Colaba and the University of Toronto suggests that negative experiences in early life changed their brain circuits in a way that increased their vulnerability to stress during adulthood.
“In any individual, the chance of developing psychiatric disorders is a combination of genetic history and life experience,” said Vidita Vaidya, biologist at TIFR. “The individual could either be vulnerable or resilient. Clinical information from children with a history of trauma and neglect indicates that negative experience can contribute to the risk for psychiatric disorders.”
The TIFR study suggests in particular that major changes in the way the serotonin2A receptors function in the brain based on the quality of life experience may be important in determining how experiences changes whether an individual is vulnerable or protected from psychiatric disorders.
“The quality of care one receives in early life changes the extent and manner in which this receptor functions and may be important to the effects of early life in shaping the extent of anxiety in adulthood,” she said.
“Stressful situations in early childhood influence both brain structure and growth. Parents thus need to secure their kids,” said Dayal Mirchandani, a psychiatrist who treats such cases.
The death of a parent early in life or the child getting hospitalised without the parent could also be reasons for stress and anxiety in adulthood. These children could grow into adults with low self-esteem, relationship problems or even confusion about careers.
“Experiences get encoded in the brain before the age of three. Therefore there could be trauma even before language develops,” said Dr Rani Raote, psychotherapist, who has worked with adult patients with early separation. “We assume that memory is what we can write and repeat. But there is implicit memory from images, sounds and sensation that can manifest into various forms in adulthood.”
According to psychiatrists and psychotherapists, stress and trauma in the first four years of brain formation affects the child’s intelligence and emotional stability. During these early years, the child needs active nurturing that makes them more resilient to deal with difficulties in adult life.
However, damage from negative early life experiences can also be repaired or lessened with a responsible support system. The TIFR study showed that some of this could be returned to normal by administering a drug that blocks the serotonin2A receptor.
“Apart from therapy, symptoms can also be managed with the help of loving partners, active nurturing by caregivers over time, sensitive teachers as well as meditation,” said Mirchandani.
Hindustan Times
Early trauma influences adult behaviour, say psychiatrists
Children separated from their mothers or abandoned soon after birth grow up into anxious or depressed adults, said city psychotherapists, confirming recent findings of a study on animal models published in the Journal of Neuroscience. A study on rats carried out by the Tata Institute of Fundamental
Research in Colaba and the University of Toronto suggests that negative experiences in early life changed their brain circuits in a way that increased their vulnerability to stress during adulthood.
“In any individual, the chance of developing psychiatric disorders is a combination of genetic history and life experience,” said Vidita Vaidya, biologist at TIFR. “The individual could either be vulnerable or resilient. Clinical information from children with a history of trauma and neglect indicates that negative experience can contribute to the risk for psychiatric disorders.”
The TIFR study suggests in particular that major changes in the way the serotonin2A receptors function in the brain based on the quality of life experience may be important in determining how experiences changes whether an individual is vulnerable or protected from psychiatric disorders.
“The quality of care one receives in early life changes the extent and manner in which this receptor functions and may be important to the effects of early life in shaping the extent of anxiety in adulthood,” she said.
“Stressful situations in early childhood influence both brain structure and growth. Parents thus need to secure their kids,” said Dayal Mirchandani, a psychiatrist who treats such cases.
The death of a parent early in life or the child getting hospitalised without the parent could also be reasons for stress and anxiety in adulthood. These children could grow into adults with low self-esteem, relationship problems or even confusion about careers.
“Experiences get encoded in the brain before the age of three. Therefore there could be trauma even before language develops,” said Dr Rani Raote, psychotherapist, who has worked with adult patients with early separation. “We assume that memory is what we can write and repeat. But there is implicit memory from images, sounds and sensation that can manifest into various forms in adulthood.”
According to psychiatrists and psychotherapists, stress and trauma in the first four years of brain formation affects the child’s intelligence and emotional stability. During these early years, the child needs active nurturing that makes them more resilient to deal with difficulties in adult life.
However, damage from negative early life experiences can also be repaired or lessened with a responsible support system. The TIFR study showed that some of this could be returned to normal by administering a drug that blocks the serotonin2A receptor.
“Apart from therapy, symptoms can also be managed with the help of loving partners, active nurturing by caregivers over time, sensitive teachers as well as meditation,” said Mirchandani.
11.10.10
Times of India
Soon, a manual for docs, police to handle sexual assault cases
MUMBAI: The state government will shortly bring out a manual specifying the rules that the police and healthcare providers should follow while dealing with victims of sexual violence. This step has been taken to nail culprits who many a time go scot-free owing to faulty procedure of collecting evidence and victims turning hostile.
According to the National Crime Records Bureau, from 1990 to 2008, rape cases have increased by 112% and officials said it was time to have the procedures tighter so that the culprits can, in no way, evade punishment.
Three departments of the state are working in tandem to draw the manual, which will be ready in a month, that will be used to train medical officers and the police in how to be better equipped to build water-tight cases for sexual assault. The home department, the department of medical education and research and the directorate of health services have held a series of meetings and a few more are lined up before the draft is finalized.
A forensic science expert attached with the team emphasized on how hospitals did not have specific format or a list of tests required to ensure proper collection of evidence and that often diluted the cases. "All hospitals do their own things and in the end, sometimes, officials fail to collect the evidence properly," said the expert. However, an official said, the new list would hopefully redefine the ways in which the case details would be recorded so that the transfer of an officer would not hamper the probe.
Police surgeon Dr S M Patil, who is also working on the manual, said the main idea was to bring in uniformity in the way doctors and police handled sexual assault cases. "We are looking to make it easier for victims to lodge their complaints or approach medical officers for help," he said, adding that training of doctors was an important part of the programme.
Human rights and healthcare activists have time and again criticized the methods followed by healthcare providers who concentrate more on collecting forensic evidence and finishing paperwork rather than the need for therapeutic care. But psycho-social help was of utmost importance, said Padma Devasthali, coordinator of Centre for Enquiry into Health and Allied Themes. "Every victim has the right to treatment," she said, criticizing the mechanical approach of doctors while treating patients of assault. Devasthali added that proper counselling at that hour helps many victims make up their mind whether or not to pursue litigation.
The manual is also likely to take a stricter stand on the dilemma of doctors who refuse to treat victims till the latter had lodged a police complaint. "This attitude does intimidate and discourage the victims from pursuing treatment or legal action," said a medical officer from JJ Hospital.
Times of India
Soon, a manual for docs, police to handle sexual assault cases
MUMBAI: The state government will shortly bring out a manual specifying the rules that the police and healthcare providers should follow while dealing with victims of sexual violence. This step has been taken to nail culprits who many a time go scot-free owing to faulty procedure of collecting evidence and victims turning hostile.
According to the National Crime Records Bureau, from 1990 to 2008, rape cases have increased by 112% and officials said it was time to have the procedures tighter so that the culprits can, in no way, evade punishment.
Three departments of the state are working in tandem to draw the manual, which will be ready in a month, that will be used to train medical officers and the police in how to be better equipped to build water-tight cases for sexual assault. The home department, the department of medical education and research and the directorate of health services have held a series of meetings and a few more are lined up before the draft is finalized.
A forensic science expert attached with the team emphasized on how hospitals did not have specific format or a list of tests required to ensure proper collection of evidence and that often diluted the cases. "All hospitals do their own things and in the end, sometimes, officials fail to collect the evidence properly," said the expert. However, an official said, the new list would hopefully redefine the ways in which the case details would be recorded so that the transfer of an officer would not hamper the probe.
Police surgeon Dr S M Patil, who is also working on the manual, said the main idea was to bring in uniformity in the way doctors and police handled sexual assault cases. "We are looking to make it easier for victims to lodge their complaints or approach medical officers for help," he said, adding that training of doctors was an important part of the programme.
Human rights and healthcare activists have time and again criticized the methods followed by healthcare providers who concentrate more on collecting forensic evidence and finishing paperwork rather than the need for therapeutic care. But psycho-social help was of utmost importance, said Padma Devasthali, coordinator of Centre for Enquiry into Health and Allied Themes. "Every victim has the right to treatment," she said, criticizing the mechanical approach of doctors while treating patients of assault. Devasthali added that proper counselling at that hour helps many victims make up their mind whether or not to pursue litigation.
The manual is also likely to take a stricter stand on the dilemma of doctors who refuse to treat victims till the latter had lodged a police complaint. "This attitude does intimidate and discourage the victims from pursuing treatment or legal action," said a medical officer from JJ Hospital.
October 8, 2010
6.10.10
Times of India
Suffer the Children
The most shocking part of Delhi's recent case of child abuse over a period of 18 months a school van driver repeatedly drugged, raped and sodomised three children aged between seven and 12 entrusted in his care is the swiftness with which it has been erased from public memory. Distracted by the ongoing violence in Kashmir, and the skeletons falling out of the closet of the CWG, the media seem to have lost interest in the case.
There have been few follow-up stories, barring a couple which said that the police were allegedly reluctant to pursue the case as some senior classmates of the victims, who were accomplices in the crime, are said to belong to so-called 'well-connected' families. Media indifference apart, there appears to be a general public reluctance to confront the entire issue of child abuse, the most repugnant and unforgivable of crimes, more so even than murder or rape. In this particular case, the unspeakable torment that the children suffered went on unnoticed for a year and a half till, finally, a suspicious mother, noticing the strange and withdrawn behaviour of the children, and the marks on their arms where they had been injected with drugs to make them more compliant, told a neighbour who, in turn, alerted the police.
Even as the Catholic church, in Ireland and elsewhere, has been shaken to its roots by the exposure of widespread paedophilia amongst its clergy and subsequent attempts to cover up such incidents in India we seem deliberately to look away from this most shameful of perversions, the corruption of innocence. These things happen in other places; they don't happen here, in our country, in our culture. Mohandas Gandhi's recorded practice of sharing his bed with nubile girls in order to test his ability to overcome physical arousal? That was an experiment in truth, not child abuse, no matter what psychological and emotional effects this may have had on those who were so experimented upon.
Gandhi's experiments with truth while being violative of current norms of child protection, at least as practised in other countries did not constitute paedophilia. But to believe that paedophilia, the physical defilement of children, does not occur in India, or is very rare, would be a dangerous delusion. Reviewing Mira Nair's film, Monsoon Wedding, a Delhi-based film critic took exception to the character who had sexually abused his niece when she was a child, saying that this was an un-Indian anomaly.
As Pinki Virani's unflinching testimony, Bitter Chocolate, reveals, far from being an anomaly, child abuse is horrifyingly common in India. Though the joint family system may have become outmoded, cramped quarters are frequently shared by adults and children, often breeding unhealthy proximity. The practice of leaving children with domestic help increasingly common in a milieu where both husband and wife are working can also lead to abusive practices.
Some commentators have pointed out that the issue of child abuse has been overplayed in the West, with people being coaxed by motivated researchers to concoct false 'memories' of being victims of sexual predation when they were children. But if this most destructive of social diseases has indeed been overplayed in the West, it has been criminally underplayed in India. Sexual abuse apart, India's children are victims of economic necessity which compels them to do hard manual labour, often in hazardous and brutal conditions, in order to survive. India has the Right to Education Act and it has more anti-child labour laws than any other country in the world; it also has the largest number of child workers.
We like to idolise childhood and infancy. But despite all our sentimentalism, Bal Krishna would have a sorry time of it in 21st century India.
6.10.10
Hindustan Times
HOW SAFE ARE OUR CHILDREN?
A boy of Class VIII in Kolkata committed suicide after he was caned by his principal and humiliated in front of schoolmates. The principal was arrested on Monday on charges of suicide abetment but the police within hours changed his offence to ‘assault’. He is out on bail. A 17-year-old girl in Hyderabad endured months of sexual harassment by her 50-year-old school principal who had managed to procure nude pictures of her.
She eventually decided enough was enough and revealed her story to the media in the hope that more did not suffer the same ordeal.
An 11-year-old boy was sodomised by two of his schoolmates in Delhi.
Sexual abuse and corporal punishment are a daily reality for many school students around the country. And they don’t just cause distress — such harassment can have a lifelong psychological, health and educational impact.
“Such incidents can cause trauma and pain that can last for their entire lives,” senior psychiatrist Jitender Nagpal says.
Even children who don’t experience harassment themselves but see such incidents taking place feel unsafe at school, leading to withdrawal and low self-esteem.
“I am worried whenever my son reaches home with a sad face, especially with such reports coming out every day,” said Rinku Singh, whose 12-year-old son attends a reputed school in New Delhi.
The spurt in the number of such incidents shows the government, teachers and administrators need to do more to ensure the safety of children at school.
NEED FOR STRICT LAWS
Recognising the need for stricter laws to combat exploitation in schools, the government is planning to pass the Protection of Children from Sexual Assault Bill, 2010, in Parliament soon.
The Bill gives a broader definition of sexual abuse of children and would make such offences non-bailable. It also covers the abuse inflicted on children through the Internet, another growing concern.
The bill is gender-neutral — a first for sexual abuse — and has been delineated into five categories with differing punishments: sexual assault, aggravated sexual assault, penetrative sexual assault, aggravated penetrative sexual assault and sexual harassment.
The draft law also provides for courts that are more oriented towards children to try such cases.
But instituting a law is never enough.
For instance, even though the Supreme Court banned corporal punishment a decade ago, school children are routinely rapped on the knuckles, asked to kneel down or stand for hours, caned and slapped by their teachers.
In 2006, a nodal agency called the National Commission for Protection of Child Rights was set up to look into allegations and cases relating to the safety and development of children. But few know of its existence.
A new law to prevent sexual exploitation of children will face implementational challenges such as how to make a six-year-old child complain about her abuse, or even realise she is facing abuse.
RAISING AWARENESS
Raising the awareness of children about sexual harassment and educating them on this are things that schools need to work on.
“Laws come into effect only when the case has surfaced and it does not provide for a preventive mechanism. Also there is a lack of transparency on what happens in our schools, for which we should have an autonomous authority or an independent person from the local child development office to be present in the school, to hear the problems faced by the children,” says P.S. Sharda, a lawyer and child rights activist.
Schools say they are working on this issue.
“We regularly send circulars to our teachers to sensitise them on corporal punishment and have initiated a process which tries to see signs of agony or distress in our children and act accordingly,” says Lata Vaidyanathan, principal of Modern School, Delhi.
She adds that a counselling cell and an active parent-teacher association are also there to address such issues.
Parents feel schools need to involve them to a greater extent to curb the menace.
“The only way to stop such incidents is to give adequate representation to parents in the school management. There is also a need for a more proactive counselling department talking not just to the children but with the parents and teachers as well,” says Ashok Agarwal, president of the All India Parents Association.
“The safety of the child can be ensured only if there is harmony between the natural surrounding of the school, i.e. its infrastructure, method of study and the emotional development of the child which is generally forgotten,” says Nagpal. “This is the need of the hour.”
Times of India
Suffer the Children
The most shocking part of Delhi's recent case of child abuse over a period of 18 months a school van driver repeatedly drugged, raped and sodomised three children aged between seven and 12 entrusted in his care is the swiftness with which it has been erased from public memory. Distracted by the ongoing violence in Kashmir, and the skeletons falling out of the closet of the CWG, the media seem to have lost interest in the case.
There have been few follow-up stories, barring a couple which said that the police were allegedly reluctant to pursue the case as some senior classmates of the victims, who were accomplices in the crime, are said to belong to so-called 'well-connected' families. Media indifference apart, there appears to be a general public reluctance to confront the entire issue of child abuse, the most repugnant and unforgivable of crimes, more so even than murder or rape. In this particular case, the unspeakable torment that the children suffered went on unnoticed for a year and a half till, finally, a suspicious mother, noticing the strange and withdrawn behaviour of the children, and the marks on their arms where they had been injected with drugs to make them more compliant, told a neighbour who, in turn, alerted the police.
Even as the Catholic church, in Ireland and elsewhere, has been shaken to its roots by the exposure of widespread paedophilia amongst its clergy and subsequent attempts to cover up such incidents in India we seem deliberately to look away from this most shameful of perversions, the corruption of innocence. These things happen in other places; they don't happen here, in our country, in our culture. Mohandas Gandhi's recorded practice of sharing his bed with nubile girls in order to test his ability to overcome physical arousal? That was an experiment in truth, not child abuse, no matter what psychological and emotional effects this may have had on those who were so experimented upon.
Gandhi's experiments with truth while being violative of current norms of child protection, at least as practised in other countries did not constitute paedophilia. But to believe that paedophilia, the physical defilement of children, does not occur in India, or is very rare, would be a dangerous delusion. Reviewing Mira Nair's film, Monsoon Wedding, a Delhi-based film critic took exception to the character who had sexually abused his niece when she was a child, saying that this was an un-Indian anomaly.
As Pinki Virani's unflinching testimony, Bitter Chocolate, reveals, far from being an anomaly, child abuse is horrifyingly common in India. Though the joint family system may have become outmoded, cramped quarters are frequently shared by adults and children, often breeding unhealthy proximity. The practice of leaving children with domestic help increasingly common in a milieu where both husband and wife are working can also lead to abusive practices.
Some commentators have pointed out that the issue of child abuse has been overplayed in the West, with people being coaxed by motivated researchers to concoct false 'memories' of being victims of sexual predation when they were children. But if this most destructive of social diseases has indeed been overplayed in the West, it has been criminally underplayed in India. Sexual abuse apart, India's children are victims of economic necessity which compels them to do hard manual labour, often in hazardous and brutal conditions, in order to survive. India has the Right to Education Act and it has more anti-child labour laws than any other country in the world; it also has the largest number of child workers.
We like to idolise childhood and infancy. But despite all our sentimentalism, Bal Krishna would have a sorry time of it in 21st century India.
6.10.10
Hindustan Times
HOW SAFE ARE OUR CHILDREN?
A boy of Class VIII in Kolkata committed suicide after he was caned by his principal and humiliated in front of schoolmates. The principal was arrested on Monday on charges of suicide abetment but the police within hours changed his offence to ‘assault’. He is out on bail. A 17-year-old girl in Hyderabad endured months of sexual harassment by her 50-year-old school principal who had managed to procure nude pictures of her.
She eventually decided enough was enough and revealed her story to the media in the hope that more did not suffer the same ordeal.
An 11-year-old boy was sodomised by two of his schoolmates in Delhi.
Sexual abuse and corporal punishment are a daily reality for many school students around the country. And they don’t just cause distress — such harassment can have a lifelong psychological, health and educational impact.
“Such incidents can cause trauma and pain that can last for their entire lives,” senior psychiatrist Jitender Nagpal says.
Even children who don’t experience harassment themselves but see such incidents taking place feel unsafe at school, leading to withdrawal and low self-esteem.
“I am worried whenever my son reaches home with a sad face, especially with such reports coming out every day,” said Rinku Singh, whose 12-year-old son attends a reputed school in New Delhi.
The spurt in the number of such incidents shows the government, teachers and administrators need to do more to ensure the safety of children at school.
NEED FOR STRICT LAWS
Recognising the need for stricter laws to combat exploitation in schools, the government is planning to pass the Protection of Children from Sexual Assault Bill, 2010, in Parliament soon.
The Bill gives a broader definition of sexual abuse of children and would make such offences non-bailable. It also covers the abuse inflicted on children through the Internet, another growing concern.
The bill is gender-neutral — a first for sexual abuse — and has been delineated into five categories with differing punishments: sexual assault, aggravated sexual assault, penetrative sexual assault, aggravated penetrative sexual assault and sexual harassment.
The draft law also provides for courts that are more oriented towards children to try such cases.
But instituting a law is never enough.
For instance, even though the Supreme Court banned corporal punishment a decade ago, school children are routinely rapped on the knuckles, asked to kneel down or stand for hours, caned and slapped by their teachers.
In 2006, a nodal agency called the National Commission for Protection of Child Rights was set up to look into allegations and cases relating to the safety and development of children. But few know of its existence.
A new law to prevent sexual exploitation of children will face implementational challenges such as how to make a six-year-old child complain about her abuse, or even realise she is facing abuse.
RAISING AWARENESS
Raising the awareness of children about sexual harassment and educating them on this are things that schools need to work on.
“Laws come into effect only when the case has surfaced and it does not provide for a preventive mechanism. Also there is a lack of transparency on what happens in our schools, for which we should have an autonomous authority or an independent person from the local child development office to be present in the school, to hear the problems faced by the children,” says P.S. Sharda, a lawyer and child rights activist.
Schools say they are working on this issue.
“We regularly send circulars to our teachers to sensitise them on corporal punishment and have initiated a process which tries to see signs of agony or distress in our children and act accordingly,” says Lata Vaidyanathan, principal of Modern School, Delhi.
She adds that a counselling cell and an active parent-teacher association are also there to address such issues.
Parents feel schools need to involve them to a greater extent to curb the menace.
“The only way to stop such incidents is to give adequate representation to parents in the school management. There is also a need for a more proactive counselling department talking not just to the children but with the parents and teachers as well,” says Ashok Agarwal, president of the All India Parents Association.
“The safety of the child can be ensured only if there is harmony between the natural surrounding of the school, i.e. its infrastructure, method of study and the emotional development of the child which is generally forgotten,” says Nagpal. “This is the need of the hour.”
September 24, 2010
21.9.10
Times of India
20 get double life terms in infamous sex scandal
Ahmednagar : District and session court Judge Makarand Keskar has convicted 20 accused to two life terms for their involvement in the 2006 high profile sex scandal.
The judgment was delivered by the court late last evening.
The judge also fined all the convicts Rs 10,000 each for every section they were charged with, out of which 50 per cent amount will be given to the victim, failing which they will have to undergo additional jail terms of three months to one year.
A total of 25 people comprising local politicians, businessmen and hotel owners had been booked in the case. However, the main accused Sheela Bargal, died a couple of months after the case was registered in February 2006. Three suspects are still absconding. The verdict against another accused Satish Pakhare, has been postponed to December 20 since he is in hospital following a serious accident.
According to the police report in 2006, Bargal used to clandestinely supply girls to customers and lure the minor girls with promise of giving money.
The case was exposed by Childline-Shehalaya in Ahmednagar following a tip-off.
Childline convinced the victims, two minor girls, to file a police complaint at the Tofkhana police station. The minor girls were gangraped in various lodges in Ahmednagar, Shirdi, NimgaonJali and Dhule by the 25 accused. Since several local politicians and traders were involved in the scandal, the case was handed over to the state Crime Investigation Department (CID), which had filed a chargesheet.
The convicts were punished under section 376(2)(G)gang rape, 120(B), 376(Rape),120(B) and section 5(A)(1)(D) of the Prevention of Immoral Trafficking Act(PITA) and 366 (kidnapping).
The case was pleaded by special Public Prosecutor Advocate Vijay Sawant.
22.9.10
DNA
Sonia Gandhi drives Krishna Tirath to frame child abuse law
Under pressure from their boss — Congress president Sonia Gandhi — the ministries of law and women and child development (WCD) have quickly set aside their differences and together prepared the draft the for Protection of Children from Sexual Offences Bill.
The proposed law will cover all new aspects of sexual offences against children and recommend stringent punishment. Once it is passed, this law will take priority over other laws on the same subject.
The move comes after Gandhi wrote to WCD minister Krishna Tirath asking her to hasten up the process of formulating the law and coordinate with the law ministry, which had already prepared a law on similar lines .
“I understand that this omnibus legislation is likely to take some time...There is a need to immediately bring a law that addresses the issue of sexual offences against children with care and sensitivity, without waiting for a more comprehensive legislation on child offences in general which may take time,” Gandhi wrote to Tirath in her capacity as chairperson of National Advisory Council.
After the rap from Sonia, the two ministries got their acts together and readied the draft of the proposed legislation. Tirath has now informed Gandhi that the bill has been vetted by secretaries of both ministries and is ready for circulation. This is being done to get the views of various departments and ministries. According to Tirath, the bill is likely to be introduced in the winter session of Parliament.
The bill aims to protect children against sexual assault, sexual harassment, pornography and provide for the establishment of special courts to try such offences. The punishment recommended for penetrative sexual assault is at least five years imprisonment and a minimum fine of Rs50,000. Sexual assault also includes fondling the child and will invite a penalty of minimum three years imprisonment. There is a special provision that makes use of children in pornography punishable.
Possessing child pornographic material also carries punishment. According to the bill, the media, studios and photographers are obliged to report child pornography cases and a failure to do so will attract punishment.
To prevent misuse of the law, there is a six-month jail term for all those who make false complaints and give false information. While reporting child abuse, the media will be barred from identifying the victim and the accused’s children or giving other personal details.
The bill also proposes the setting up of special courts to deal with child abuse and suggests sensitive ways to deal with crime against children.
Times of India
20 get double life terms in infamous sex scandal
Ahmednagar : District and session court Judge Makarand Keskar has convicted 20 accused to two life terms for their involvement in the 2006 high profile sex scandal.
The judgment was delivered by the court late last evening.
The judge also fined all the convicts Rs 10,000 each for every section they were charged with, out of which 50 per cent amount will be given to the victim, failing which they will have to undergo additional jail terms of three months to one year.
A total of 25 people comprising local politicians, businessmen and hotel owners had been booked in the case. However, the main accused Sheela Bargal, died a couple of months after the case was registered in February 2006. Three suspects are still absconding. The verdict against another accused Satish Pakhare, has been postponed to December 20 since he is in hospital following a serious accident.
According to the police report in 2006, Bargal used to clandestinely supply girls to customers and lure the minor girls with promise of giving money.
The case was exposed by Childline-Shehalaya in Ahmednagar following a tip-off.
Childline convinced the victims, two minor girls, to file a police complaint at the Tofkhana police station. The minor girls were gangraped in various lodges in Ahmednagar, Shirdi, NimgaonJali and Dhule by the 25 accused. Since several local politicians and traders were involved in the scandal, the case was handed over to the state Crime Investigation Department (CID), which had filed a chargesheet.
The convicts were punished under section 376(2)(G)gang rape, 120(B), 376(Rape),120(B) and section 5(A)(1)(D) of the Prevention of Immoral Trafficking Act(PITA) and 366 (kidnapping).
The case was pleaded by special Public Prosecutor Advocate Vijay Sawant.
22.9.10
DNA
Sonia Gandhi drives Krishna Tirath to frame child abuse law
Under pressure from their boss — Congress president Sonia Gandhi — the ministries of law and women and child development (WCD) have quickly set aside their differences and together prepared the draft the for Protection of Children from Sexual Offences Bill.
The proposed law will cover all new aspects of sexual offences against children and recommend stringent punishment. Once it is passed, this law will take priority over other laws on the same subject.
The move comes after Gandhi wrote to WCD minister Krishna Tirath asking her to hasten up the process of formulating the law and coordinate with the law ministry, which had already prepared a law on similar lines .
“I understand that this omnibus legislation is likely to take some time...There is a need to immediately bring a law that addresses the issue of sexual offences against children with care and sensitivity, without waiting for a more comprehensive legislation on child offences in general which may take time,” Gandhi wrote to Tirath in her capacity as chairperson of National Advisory Council.
After the rap from Sonia, the two ministries got their acts together and readied the draft of the proposed legislation. Tirath has now informed Gandhi that the bill has been vetted by secretaries of both ministries and is ready for circulation. This is being done to get the views of various departments and ministries. According to Tirath, the bill is likely to be introduced in the winter session of Parliament.
The bill aims to protect children against sexual assault, sexual harassment, pornography and provide for the establishment of special courts to try such offences. The punishment recommended for penetrative sexual assault is at least five years imprisonment and a minimum fine of Rs50,000. Sexual assault also includes fondling the child and will invite a penalty of minimum three years imprisonment. There is a special provision that makes use of children in pornography punishable.
Possessing child pornographic material also carries punishment. According to the bill, the media, studios and photographers are obliged to report child pornography cases and a failure to do so will attract punishment.
To prevent misuse of the law, there is a six-month jail term for all those who make false complaints and give false information. While reporting child abuse, the media will be barred from identifying the victim and the accused’s children or giving other personal details.
The bill also proposes the setting up of special courts to deal with child abuse and suggests sensitive ways to deal with crime against children.
September 14, 2010
13.9.10
Times of India
Poverty is no grounds for showing leniency, says HC
MUMBAI: Upholding a trial court verdict that sentenced a man to nine years in prison for raping, trespass and threatening to kill a 22-year-old woman, the Bombay high court observed that poverty cannot be a reason to show leniency towards a rape accused.
Section 376 of the Indian Penal Code states that the maximum punishment for the offence is seven years, but for special reasons, lesser punishment may be imposed. Citing Supreme Court judgments, Justice Bhangale observed that "the socio-economic status of the accused or his religion, caste, creed are irrelevant factors''.
In 2006, Satinath Raut, a labourer, raped a woman in his village in Bhandara district. The incident occurred late at night when the woman was alone at home with her three-year-old daughter. Her husband and mother-in-law were away. The prosecution alleged that the accused had entered the victim's house, and taking advantage of the fact that she was alone, had threatened her with a knife and raped her.
In February 2007, a sessions court sentenced Raut to nine years on charges of rape, criminal trespass and threatening to kill the victim. He was also asked to pay the victim Rs 1,000 as compensation.
In 2009, Raut appealed before the Nagpur bench of the Bombay high court. In his appeal, he pleaded that he has five children and an aged mother to look after. Hence, the sentence imposed upon him for rape should be reduced for the period he has already undergone. Refusing to accept this, the court observed, "His socio-economic status cannot constitute adequate and special reason. Punishment, which is to be imposed upon the convict, has to be proportionate to the crime committed. The court has to bear in mind the society's cry for justice.''
Justice Bhangale also observed, "It might have been otherwise, had the victim herself come forward with an affidavit to forgive the appellant and to pray for lenient sentence for him.''
14.9.10
Times of India
Bill seeks cover for kids during trial
NEW DELHI: In a move that could bring greater sensitivity to investigation and handling of child sexual assault cases, a new bill proposes that children not be forced to confront the accused while testifying and the evidence be recorded within a month.
These child-friendly measures have been included in the 'Prevention of Offences against Child Bill 2009' by the ministry of women and child development (WCD).
"The special court shall ensure that the child is not exposed in any way to the accused at the time of evidence, while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocate," the draft says. The proposed legislation also recommends that policemen appear in plainclothes so as not to intimidate the victim. Though the Supreme Court has laid down some guidelines on the issue, these are followed by courts only erratically.
Children can also use the services of an interpreter and will have to give evidence only in camera. The bill is likely to come up in the Union Cabinet by next month and may be introduced in the winter session of Parliament. WCD minister Krishna Tirath said, "We are introducing child-friendly procedures in the proposed bill to ensure cases of child sexual assault are handled with greater sensitivity." The bill — that is expected to address any unlawful physical contact with sexual intent — also adds pornography as an offence. Using a minor for pornography could make an individual liable for RI for 5 years extendable to 7 years and a fine of Rs 5 lakh extendable to Rs 10 lakh. Penalty for penetrative sexual assault has been proposed to be 10 years which could be extended to life imprisonment and a fine of Rs 1 lakh.
Whoever commits sexual assault can be punished with imprisonment of 3 years and Rs 25,000 as fine. Incidentally, the ministry has also asked the National Commission for Protection of Child Rights ( NCPCR) to explore changes in the Juvenile Justice Act to include stringent punishment for corporal punishment and ragging in educational institutions. A study by the WCD ministry found that 53% of children in India were sexually abused. Of these, a large majority (70%) remain unreported because the perpetrator is someone close to the child.
Former law commission member Kirti Singh said, "It is a good thing that child-friendly procedures are being adopted. I, however, feel that the definition of sexual assault has been narrowed instead of being widened." Sexual assault has been described as "whoever with sexual intent touches the vagina, penis, anus or breasts of the child or makes the child touch the vagina, penis, anus or breasts of other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault". Singh said the definition was too convoluted and simply describing the crime as "unlawful physical contact with sexual intent" would have been clearer.
Times of India
Poverty is no grounds for showing leniency, says HC
MUMBAI: Upholding a trial court verdict that sentenced a man to nine years in prison for raping, trespass and threatening to kill a 22-year-old woman, the Bombay high court observed that poverty cannot be a reason to show leniency towards a rape accused.
Section 376 of the Indian Penal Code states that the maximum punishment for the offence is seven years, but for special reasons, lesser punishment may be imposed. Citing Supreme Court judgments, Justice Bhangale observed that "the socio-economic status of the accused or his religion, caste, creed are irrelevant factors''.
In 2006, Satinath Raut, a labourer, raped a woman in his village in Bhandara district. The incident occurred late at night when the woman was alone at home with her three-year-old daughter. Her husband and mother-in-law were away. The prosecution alleged that the accused had entered the victim's house, and taking advantage of the fact that she was alone, had threatened her with a knife and raped her.
In February 2007, a sessions court sentenced Raut to nine years on charges of rape, criminal trespass and threatening to kill the victim. He was also asked to pay the victim Rs 1,000 as compensation.
In 2009, Raut appealed before the Nagpur bench of the Bombay high court. In his appeal, he pleaded that he has five children and an aged mother to look after. Hence, the sentence imposed upon him for rape should be reduced for the period he has already undergone. Refusing to accept this, the court observed, "His socio-economic status cannot constitute adequate and special reason. Punishment, which is to be imposed upon the convict, has to be proportionate to the crime committed. The court has to bear in mind the society's cry for justice.''
Justice Bhangale also observed, "It might have been otherwise, had the victim herself come forward with an affidavit to forgive the appellant and to pray for lenient sentence for him.''
14.9.10
Times of India
Bill seeks cover for kids during trial
NEW DELHI: In a move that could bring greater sensitivity to investigation and handling of child sexual assault cases, a new bill proposes that children not be forced to confront the accused while testifying and the evidence be recorded within a month.
These child-friendly measures have been included in the 'Prevention of Offences against Child Bill 2009' by the ministry of women and child development (WCD).
"The special court shall ensure that the child is not exposed in any way to the accused at the time of evidence, while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocate," the draft says. The proposed legislation also recommends that policemen appear in plainclothes so as not to intimidate the victim. Though the Supreme Court has laid down some guidelines on the issue, these are followed by courts only erratically.
Children can also use the services of an interpreter and will have to give evidence only in camera. The bill is likely to come up in the Union Cabinet by next month and may be introduced in the winter session of Parliament. WCD minister Krishna Tirath said, "We are introducing child-friendly procedures in the proposed bill to ensure cases of child sexual assault are handled with greater sensitivity." The bill — that is expected to address any unlawful physical contact with sexual intent — also adds pornography as an offence. Using a minor for pornography could make an individual liable for RI for 5 years extendable to 7 years and a fine of Rs 5 lakh extendable to Rs 10 lakh. Penalty for penetrative sexual assault has been proposed to be 10 years which could be extended to life imprisonment and a fine of Rs 1 lakh.
Whoever commits sexual assault can be punished with imprisonment of 3 years and Rs 25,000 as fine. Incidentally, the ministry has also asked the National Commission for Protection of Child Rights ( NCPCR) to explore changes in the Juvenile Justice Act to include stringent punishment for corporal punishment and ragging in educational institutions. A study by the WCD ministry found that 53% of children in India were sexually abused. Of these, a large majority (70%) remain unreported because the perpetrator is someone close to the child.
Former law commission member Kirti Singh said, "It is a good thing that child-friendly procedures are being adopted. I, however, feel that the definition of sexual assault has been narrowed instead of being widened." Sexual assault has been described as "whoever with sexual intent touches the vagina, penis, anus or breasts of the child or makes the child touch the vagina, penis, anus or breasts of other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault". Singh said the definition was too convoluted and simply describing the crime as "unlawful physical contact with sexual intent" would have been clearer.
September 7, 2010
2.9.10
DNA/ Hindustan Times
Malaysia plans special school for pregnant teenagers
Malaysian state authorities will soon open a school exclusively for pregnant teenagers to help them overcome the stigma of having children without being married, an official said on Wednesday.
The school will be able to accept about 30 students starting Sept 16, making the southern state of Malacca the first in this Muslim-majority country to have such an institution, said school chairman Abdul Rahman Abdul Karim.
The plan comes after Malaysian officials have voiced increasing concerns about teenagers who inadvertently become pregnant and drop out of school. Some young mothers have abandon their babies in garbage dumps, bushes or public toilets.
The Islamic affairs department in Malacca will run the school and offer classes in math, science, English and other subjects alongside religious counseling for the girls, Abdul Rahman said. They can also stay in a hostel next to the school.
"We want to give them a second chance to rebuild their future," Abdul Rahman said, "After they deliver their babies, the girls can go back to their ordinary schools."
Sex without wedlock remains a taboo for many Muslims in Malaysia, where more than 50 babies have been found abandoned so far this year. Many of them died. Officials in Malacca have recorded at least 170 babies born without wedlock this year. More than 70 were delivered by teenage girls. Malacca's chief minister recently encouraged Muslim teenagers to get married if they cannot resist having sex and promised to allocate state funds to help them start a family.
4.9.10
Times of India
Saki Naka girl cried rape at aunts behest
Mumbai: The rape charges levelled by a 12-year-old girl from Saki Naka against nine persons,including her cousin,has turned out to be false.
The girl,who is currently lodged at Mankhurd Children Home,has told the police that her aunt,Jyotsna Bapat,and uncle had forced her to lodge a false complaint.And,the police said,the Bapats had wanted to frame the nine in a fake rape case to settle some old scores over a property dispute and also to extract money from them.Jyotsna also named her son,Daval (22),in the case to make it appear real.
The police will submit a B Summary (false complaint) case to court that will decide on the further course of action.The girls aunt had found out that she had an illicit relationship with her uncle.The girl has claimed that her aunt blackmailed her into lodging the complaint to frame one of the accused and his employees.Jyotsna was involved in a property dispute with the person concerned, the police said.
Based on the girls complaint lodged on March 19,a paint shop owner,Jamuna Sharma (71),his son Rajesh,his employees,Jitendra Yadav (25),Vinod Yadav (27),Vakil Ahmed (27) and Premchand Pandit (35),Daval,his friend Raj Sharma and another person were booked.The girl claimed that Daval and Raj were the main culprits,each of whom had raped her six times since 2008.
Of the accused persons,six were released on bail,while three got anticipatory bail.Daval had been at large for some times.But last month,he came to us and told us that he was out of the city and not hiding.He also said he did not have any clue why his parents did such a thing, Saki Naka senior inspector S R Dhanedhar said.
Deputy commissioner of police (Zone X) Prakash Mutyal said,We are searching for the aunt and uncle who have gone into hiding.
4.9.10
Times of India
Helpline launched for women and children
Adipath Foundation and Research Centre, a newly formed NGO believes in prevention of abuse and trauma of women and children at home. This NGO aims to extend a helping hand to victims of physical abuse, particularly women and children. In an attempt to reach out to such victims, the foundation has launched at toll-free helpline number, which is presently functioning in the city and the state of Maharashtra.
Talking about the unique initiative, advocate Neelima Kanetkar, general secretary of the foundation, stated, “Adi means beginning in Sanskrit and path means 'marg' or a way/ road. Adipath, therefore, means beginning of a new path for such victims.
We are a team of experts from various fields and we will provide counseling, knowledge with regards to legal rights, medical advice depending on the case of the caller. In the first stage, we will counsel them over the telephone, depending on the seriousness of the situation. If there is a need for personal interaction, we will refer them to the nearest centre/ trust/ social welfare organization.”
In the words of Dr Madhuri Gurjar, vice-president of the foundation, “We will also hold awareness campaigns, workshops, seminars etc in the educational institutions to address issues like pre-marriage counseling, pre and post-divorce counseling, empowerment of women, legal literacy with regard to rights of women and children in distress.
We have already finalized with colleges like Ruparel and we are in the process of holding such camps at institutions like Indian Education Society’s schools spread across the city including the suburbs of Mulund and Bhandup.” According to the members, teenagers also need to be aware of their legal rights because being soft targets; they often become victims of physical abuse.
Hence, there is a need to create public awareness to enlighten different groups at large to deal with their problems and also to prevent abuse/ trauma at home. According to Meera Joshi, the other vice president and retired LIC officer, “We have restricted our helpline service, which is functioning from 12 - 6 pm, only to Maharashtra.
The caller can tell us their problems over the telephone, without disclosing their identity. We will guide and counsel them depending on their problem or impart information of available services in the proximity of the caller.The foundation is supported by several eminent patrons like Justice Sri Krishna, Dr Snehalata Deshmukh (former vice-chancellor, Mumbai University), Kalindi Muzumdar (former vice-principal, Nirmala Niketan college of Social work), Mahesh Kothare (accomplished film-maker from the Marathi film industry) and others.
To raise the necessary financial resources for this noble cause, the foundation collaborated with Klub Nostalgia, (a Powai-based musical event management organization) to organize a musical show on August 13.N R Ventatachalam, founder of Klub Nostalgia, added, “The musical show was held at Yeshwant Natya Mandir, as a musical tribute to Mohd Rafi, to mark his 30th death anniversary.
All our shows are done for charity. This NGO deals with a noble cause, so we provided a platform during this show wherein the audience were given some information regarding the toll free number and its purpose.”
Toll free helpline -- 1800 220 205 from 12 – 6 pm. Sunday closed.
Alternate contacts: 99670 15120/ 98207 97377
6.9.10
Times of India
Wild fantasies step out of bedrooms
Bestiality,Zoophilia Not Uncommon In India,Say Experts At Sex Meet
Chennai: Stories about group of young boys having sex with buffaloes in rural South India,upwardly mobile women tutoring dogs in intercourse,and a group of frequent flyers travelling in search of stallions tumbled out of doctors case sheets after US-based sex therapist Hani Miletski spoke about bestiality and zoophilia during 26th national sex conference being held in the city.The session,however,did not arrive at a conclusion whether bestiality,which is punishable under Section 377 (unnatural sex) of the Indian Penal Code,was right or wrong.In fact,the session raised more questions than answers.Yet,everyone agreed bestiality is not rare in India.
Chennai-based sexologist Dr Narayana Reddy said six months ago,a young couple from Vellore had visited him.The initial complaint was that the man had problems of erectile dysfunction.They were married for five years but they never had sex.
When I independently investigated,I found that the 29-year-old man preferred buffaloes as partners.He has been having sex with female buffaloes for several years along with the boys in his age group, he said.In another case,he said,an upwardly mobile woman preferred to involve her pet dog whenever her spouse wanted to have sex.
Its complicated to give solutions.For now,we ask our clients what they are looking for.On most occasions,its an attempt to save the marriage and we help them, Dr Reddy said.There are,however,no studies indicating statistics on sexual activity with animals in the country.But by practice,most sexologists say its high in the rural areas and among those living in close proximity of livestock.
Miletski, who carried out a study on bestiality for a doctoral dissertation at the Institute for Advanced Study of Human Sexuality in San Francisco, said there were two classes of people having sex with animal - the bestialites and zoophiles. While bestialites are those who have sexual contacts with an animal or use them when they don’t find human partners, zoophiles prefer an animal as a sex partner, often forming deep emotional relationships with them. Though the practice is as old as 25,000 years, there is still little knowledge about this, she said.
As for the number of people involved, she quoted a US-based study done by Kinsey which indicated that 8% of men and 4% of women in the US were indulging in sex with animals. In her own study, Miletski surveyed the answers of given by 93 people82 men and 11 women to the questionnaire. Many of her samples admitted that they felt disgusted with the thought of having sex with humans. She quoted one of them: Ask a homosexual if they want to have sex with opposite gender. There were a flood of questions, but most had no definite answers. Some doctors argued that people indulging in animal sex have as much rights to fight for legality as much as homosexuals. Many others chose to oppose it because it could lead to dangerous consequences.
7.9.10
Times of India
Hindustan Times
DNA
Rights Group Condems India's Rape Test
India's government, which is reforming its sexual violence laws, should ban the unscientific, degrading "finger test" on rape victims, Human Rights Watch said.
In a report released Monday, the organization said the continued use of the archaic practice, and reliance on the results by many defense lawyers and courts, perpetuates false, damaging stereotypes of rape survivors as "loose" women.
The procedure, described in outdated medical jurisprudence textbooks, involves a doctor inserting fingers in a rape victim's vagina to determine the presence or absence of the hymen and the so-called "laxity" of the vagina. Defense attorneys use the findings to challenge the credibility and character of the survivors.
"This test is yet another assault on a rape survivor, placing her at risk of further humiliation," said Aruna Kashyap, women's rights researcher at Human Rights Watch. "The Indian government should heed demands of Indian activists to abolish this degrading and useless practice."
The report, "Dignity on Trial: India's Need for Sound Standards for Conducting and Interpreting Forensic Examinations of Rape Survivors," is based on interviews in Mumbai and Delhi with activists, rape survivors and their parents, prosecutors, other lawyers, judges, doctors and forensic experts. Research also included an analysis of 153 High Court judgments on rape that referred to finger-test findings.
HRW said the Indian government should prohibit the tests and align medical treatment and forensic examinations of sexual violence victims with rights to health, privacy, dignity, and legal remedy.
The rights organization said the government should introduce sensitivity programs for doctors, police, prosecutors and judges concerning the rights of survivors, as well as establish multidisciplinary teams in all government hospitals that are sensitive to survivors and can conduct tests that respect their rights.
DNA/ Hindustan Times
Malaysia plans special school for pregnant teenagers
Malaysian state authorities will soon open a school exclusively for pregnant teenagers to help them overcome the stigma of having children without being married, an official said on Wednesday.
The school will be able to accept about 30 students starting Sept 16, making the southern state of Malacca the first in this Muslim-majority country to have such an institution, said school chairman Abdul Rahman Abdul Karim.
The plan comes after Malaysian officials have voiced increasing concerns about teenagers who inadvertently become pregnant and drop out of school. Some young mothers have abandon their babies in garbage dumps, bushes or public toilets.
The Islamic affairs department in Malacca will run the school and offer classes in math, science, English and other subjects alongside religious counseling for the girls, Abdul Rahman said. They can also stay in a hostel next to the school.
"We want to give them a second chance to rebuild their future," Abdul Rahman said, "After they deliver their babies, the girls can go back to their ordinary schools."
Sex without wedlock remains a taboo for many Muslims in Malaysia, where more than 50 babies have been found abandoned so far this year. Many of them died. Officials in Malacca have recorded at least 170 babies born without wedlock this year. More than 70 were delivered by teenage girls. Malacca's chief minister recently encouraged Muslim teenagers to get married if they cannot resist having sex and promised to allocate state funds to help them start a family.
4.9.10
Times of India
Saki Naka girl cried rape at aunts behest
Mumbai: The rape charges levelled by a 12-year-old girl from Saki Naka against nine persons,including her cousin,has turned out to be false.
The girl,who is currently lodged at Mankhurd Children Home,has told the police that her aunt,Jyotsna Bapat,and uncle had forced her to lodge a false complaint.And,the police said,the Bapats had wanted to frame the nine in a fake rape case to settle some old scores over a property dispute and also to extract money from them.Jyotsna also named her son,Daval (22),in the case to make it appear real.
The police will submit a B Summary (false complaint) case to court that will decide on the further course of action.The girls aunt had found out that she had an illicit relationship with her uncle.The girl has claimed that her aunt blackmailed her into lodging the complaint to frame one of the accused and his employees.Jyotsna was involved in a property dispute with the person concerned, the police said.
Based on the girls complaint lodged on March 19,a paint shop owner,Jamuna Sharma (71),his son Rajesh,his employees,Jitendra Yadav (25),Vinod Yadav (27),Vakil Ahmed (27) and Premchand Pandit (35),Daval,his friend Raj Sharma and another person were booked.The girl claimed that Daval and Raj were the main culprits,each of whom had raped her six times since 2008.
Of the accused persons,six were released on bail,while three got anticipatory bail.Daval had been at large for some times.But last month,he came to us and told us that he was out of the city and not hiding.He also said he did not have any clue why his parents did such a thing, Saki Naka senior inspector S R Dhanedhar said.
Deputy commissioner of police (Zone X) Prakash Mutyal said,We are searching for the aunt and uncle who have gone into hiding.
4.9.10
Times of India
Helpline launched for women and children
Adipath Foundation and Research Centre, a newly formed NGO believes in prevention of abuse and trauma of women and children at home. This NGO aims to extend a helping hand to victims of physical abuse, particularly women and children. In an attempt to reach out to such victims, the foundation has launched at toll-free helpline number, which is presently functioning in the city and the state of Maharashtra.
Talking about the unique initiative, advocate Neelima Kanetkar, general secretary of the foundation, stated, “Adi means beginning in Sanskrit and path means 'marg' or a way/ road. Adipath, therefore, means beginning of a new path for such victims.
We are a team of experts from various fields and we will provide counseling, knowledge with regards to legal rights, medical advice depending on the case of the caller. In the first stage, we will counsel them over the telephone, depending on the seriousness of the situation. If there is a need for personal interaction, we will refer them to the nearest centre/ trust/ social welfare organization.”
In the words of Dr Madhuri Gurjar, vice-president of the foundation, “We will also hold awareness campaigns, workshops, seminars etc in the educational institutions to address issues like pre-marriage counseling, pre and post-divorce counseling, empowerment of women, legal literacy with regard to rights of women and children in distress.
We have already finalized with colleges like Ruparel and we are in the process of holding such camps at institutions like Indian Education Society’s schools spread across the city including the suburbs of Mulund and Bhandup.” According to the members, teenagers also need to be aware of their legal rights because being soft targets; they often become victims of physical abuse.
Hence, there is a need to create public awareness to enlighten different groups at large to deal with their problems and also to prevent abuse/ trauma at home. According to Meera Joshi, the other vice president and retired LIC officer, “We have restricted our helpline service, which is functioning from 12 - 6 pm, only to Maharashtra.
The caller can tell us their problems over the telephone, without disclosing their identity. We will guide and counsel them depending on their problem or impart information of available services in the proximity of the caller.The foundation is supported by several eminent patrons like Justice Sri Krishna, Dr Snehalata Deshmukh (former vice-chancellor, Mumbai University), Kalindi Muzumdar (former vice-principal, Nirmala Niketan college of Social work), Mahesh Kothare (accomplished film-maker from the Marathi film industry) and others.
To raise the necessary financial resources for this noble cause, the foundation collaborated with Klub Nostalgia, (a Powai-based musical event management organization) to organize a musical show on August 13.N R Ventatachalam, founder of Klub Nostalgia, added, “The musical show was held at Yeshwant Natya Mandir, as a musical tribute to Mohd Rafi, to mark his 30th death anniversary.
All our shows are done for charity. This NGO deals with a noble cause, so we provided a platform during this show wherein the audience were given some information regarding the toll free number and its purpose.”
Toll free helpline -- 1800 220 205 from 12 – 6 pm. Sunday closed.
Alternate contacts: 99670 15120/ 98207 97377
6.9.10
Times of India
Wild fantasies step out of bedrooms
Bestiality,Zoophilia Not Uncommon In India,Say Experts At Sex Meet
Chennai: Stories about group of young boys having sex with buffaloes in rural South India,upwardly mobile women tutoring dogs in intercourse,and a group of frequent flyers travelling in search of stallions tumbled out of doctors case sheets after US-based sex therapist Hani Miletski spoke about bestiality and zoophilia during 26th national sex conference being held in the city.The session,however,did not arrive at a conclusion whether bestiality,which is punishable under Section 377 (unnatural sex) of the Indian Penal Code,was right or wrong.In fact,the session raised more questions than answers.Yet,everyone agreed bestiality is not rare in India.
Chennai-based sexologist Dr Narayana Reddy said six months ago,a young couple from Vellore had visited him.The initial complaint was that the man had problems of erectile dysfunction.They were married for five years but they never had sex.
When I independently investigated,I found that the 29-year-old man preferred buffaloes as partners.He has been having sex with female buffaloes for several years along with the boys in his age group, he said.In another case,he said,an upwardly mobile woman preferred to involve her pet dog whenever her spouse wanted to have sex.
Its complicated to give solutions.For now,we ask our clients what they are looking for.On most occasions,its an attempt to save the marriage and we help them, Dr Reddy said.There are,however,no studies indicating statistics on sexual activity with animals in the country.But by practice,most sexologists say its high in the rural areas and among those living in close proximity of livestock.
Miletski, who carried out a study on bestiality for a doctoral dissertation at the Institute for Advanced Study of Human Sexuality in San Francisco, said there were two classes of people having sex with animal - the bestialites and zoophiles. While bestialites are those who have sexual contacts with an animal or use them when they don’t find human partners, zoophiles prefer an animal as a sex partner, often forming deep emotional relationships with them. Though the practice is as old as 25,000 years, there is still little knowledge about this, she said.
As for the number of people involved, she quoted a US-based study done by Kinsey which indicated that 8% of men and 4% of women in the US were indulging in sex with animals. In her own study, Miletski surveyed the answers of given by 93 people82 men and 11 women to the questionnaire. Many of her samples admitted that they felt disgusted with the thought of having sex with humans. She quoted one of them: Ask a homosexual if they want to have sex with opposite gender. There were a flood of questions, but most had no definite answers. Some doctors argued that people indulging in animal sex have as much rights to fight for legality as much as homosexuals. Many others chose to oppose it because it could lead to dangerous consequences.
7.9.10
Times of India
Hindustan Times
DNA
Rights Group Condems India's Rape Test
India's government, which is reforming its sexual violence laws, should ban the unscientific, degrading "finger test" on rape victims, Human Rights Watch said.
In a report released Monday, the organization said the continued use of the archaic practice, and reliance on the results by many defense lawyers and courts, perpetuates false, damaging stereotypes of rape survivors as "loose" women.
The procedure, described in outdated medical jurisprudence textbooks, involves a doctor inserting fingers in a rape victim's vagina to determine the presence or absence of the hymen and the so-called "laxity" of the vagina. Defense attorneys use the findings to challenge the credibility and character of the survivors.
"This test is yet another assault on a rape survivor, placing her at risk of further humiliation," said Aruna Kashyap, women's rights researcher at Human Rights Watch. "The Indian government should heed demands of Indian activists to abolish this degrading and useless practice."
The report, "Dignity on Trial: India's Need for Sound Standards for Conducting and Interpreting Forensic Examinations of Rape Survivors," is based on interviews in Mumbai and Delhi with activists, rape survivors and their parents, prosecutors, other lawyers, judges, doctors and forensic experts. Research also included an analysis of 153 High Court judgments on rape that referred to finger-test findings.
HRW said the Indian government should prohibit the tests and align medical treatment and forensic examinations of sexual violence victims with rights to health, privacy, dignity, and legal remedy.
The rights organization said the government should introduce sensitivity programs for doctors, police, prosecutors and judges concerning the rights of survivors, as well as establish multidisciplinary teams in all government hospitals that are sensitive to survivors and can conduct tests that respect their rights.
August 12, 2010
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.
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 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.
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