26.8.11
Times of India
Board to help rape victims claim damages
MUMBAI: Rape statistics keep rising each year but the conviction rate continues to remain low. Rape victims in India hardly receive any compensation unless courts direct the guilty to pay up. But eight months after the Union ministry for women and child development issued a directive to all states asking them to implement a scheme for compensation of victims of sexual assault, Maharashtra has finally constituted a district board to overlook compensation claims.
On August 24, the Mumbai collector set up a district board to deal with compensation claims and to issue guidelines to police stations regarding the manner in which claims can be made under this scheme. Majlis, a women's activist group, has been invited to be a member of this board. Others on the board are the collector, a deputy police commissioner, a representative of the State Legal Services Board and an official of the District Women and Child Development Authority.
But it may be a case of too little, too late, said activists Flavia Agnes and Nandita Shah. The issue of compensation to women victims has been pending for almost 15 years, they said. Expressing concern at the government's lack of promptness and seriousness towards a sensitive issue, activists have been demanding a law that requires the state to set up a fund for victims. To address some of the concerns, Majlis and the National Commission for Women have organized a National Consultation on 'Compensation to women victims of crime' this Sunday at the YMCA in Mumbai Central.
The consultation aims to iron out the difficulties and to explore the ways in which information about the scheme filters down to the grassroots so that survivors of rape are able to actually receive compensation.
"What is important is that the burden of making the claim is not thrust on individual victims. Information must be provided to police stations or public hospitals where a victim first goes," said Agnes. At least, interim compensation must be paid to the rape survivor.
"The second concern is to see whether the scheme can apply to victims other than rape," Agnes said. She added , "The concern is to gain clarity about the provision of Section 357A of the Criminal Procedure Code (which requires each state to formulate schemes to compensate victims of crime who suffered a loss, injury or need to be rehabilitated) and explore how women's concerns can be specifically articulated through this scheme.
August 26, 2011
24.8.11
Times of India
Man acquitted in rape case must pay for kid
MUMBAI: Nine years after a Wardha resident was acquitted of rape charges, the Bombay High Court, in a rare order, has asked him to shell out Rs 1,500 as monthly maintenance to the child who was born to the 'victim'.
Justice A P Bhangale upheld a sessions court order that as Sunil Katole (45) "was a man of sufficient means, he was bound to maintain his illegitimate son".
"There is no need to interfere with the quantum (of compensation) granted, particularly, considering the basic needs of the child like food, clothing, shelter and education," said the judge, while refusing to quash the compensation awarded by a sessions court. The high court said that Katole was free to prove that the child was not his or seek cancellation of the maintenance if he had substantial reasons by either moving a civil court or a subordinate court.
Eleven years ago, Katole was arrested for allegedly raping a girl 10 years younger than him. A sessions court in 2002, though, acquitted Katole of rape charges, saying it was consensual - the victim had consented to sexual intercourse on the promise of marriage.
Last year, the victim filed an application seeking maintenance for herself and her child under Section 125 of the Criminal Procedure Code. The provision says that the court can order maintenance if a man refuses or neglects to maintain his wife, children or parents. The protection of the law is also available to a man's illegitimate children.
While a magistrate dismissed the application, a sessions judge ordered Katole to pay monthly maintenance for the upkeep of the child. The mother's plea for maintenance, though, was rejected.
Katole, in his petition, denied that the child was his or that he had any liability to maintain him. "This contention will have to be substantiated by (Katole) by adopting appropriate remedy to prove the circumstances," said the high court, adding that "no manifest injustice or any miscarriage of justice appears to have occurred", to warrant its intervention. Katole's lawyer's plea to reduce the maintenance amount was also dismissed by the high court.
Times of India
Man acquitted in rape case must pay for kid
MUMBAI: Nine years after a Wardha resident was acquitted of rape charges, the Bombay High Court, in a rare order, has asked him to shell out Rs 1,500 as monthly maintenance to the child who was born to the 'victim'.
Justice A P Bhangale upheld a sessions court order that as Sunil Katole (45) "was a man of sufficient means, he was bound to maintain his illegitimate son".
"There is no need to interfere with the quantum (of compensation) granted, particularly, considering the basic needs of the child like food, clothing, shelter and education," said the judge, while refusing to quash the compensation awarded by a sessions court. The high court said that Katole was free to prove that the child was not his or seek cancellation of the maintenance if he had substantial reasons by either moving a civil court or a subordinate court.
Eleven years ago, Katole was arrested for allegedly raping a girl 10 years younger than him. A sessions court in 2002, though, acquitted Katole of rape charges, saying it was consensual - the victim had consented to sexual intercourse on the promise of marriage.
Last year, the victim filed an application seeking maintenance for herself and her child under Section 125 of the Criminal Procedure Code. The provision says that the court can order maintenance if a man refuses or neglects to maintain his wife, children or parents. The protection of the law is also available to a man's illegitimate children.
While a magistrate dismissed the application, a sessions judge ordered Katole to pay monthly maintenance for the upkeep of the child. The mother's plea for maintenance, though, was rejected.
Katole, in his petition, denied that the child was his or that he had any liability to maintain him. "This contention will have to be substantiated by (Katole) by adopting appropriate remedy to prove the circumstances," said the high court, adding that "no manifest injustice or any miscarriage of justice appears to have occurred", to warrant its intervention. Katole's lawyer's plea to reduce the maintenance amount was also dismissed by the high court.
25.8.11
Times of India
Notice to home secretary in sexual abuse case
MADURAI: Taking exception to the non-filing of a counter affidavit by the state home secretary, as to whether a state-level commission equivalent to the Commission for Protection of Child Rights Act 2006, has been constituted, the Madurai bench of the Madras high court has directed him to file the affidavit by September 7.
Justice R Sudhakar gave the direction to the home secretary while hearing a petition to decide the issue of whether the investigation in the alleged sexual assault of a girl by a school headmaster, be handed over to some other agency from the police.
On July 27, the judge, after hearing a matter pertaining to the headmaster, who allegedly committed sexual abuse on girl children, directed the home secretary to file a report by August 12, as to whether the commission has been constituted.
However, when the matter came up for hearing on Wednesday, the judge found that the official had not filed the counter affidavit.
In a petition, the father of the girl submitted that on July 12, his daughter came back from school disturbed and depressed. Upon repeated enquiries by his wife and the neighbouring women, she confided in them that Arockiasamy, the headmaster of the school, had misbehaved with her. On further enquiries with some of her schoolmates, the children shocked everyone saying that Arockiasamy had been subjecting them to physical abuse for the past two years.
He also contended in the petition that a girl who was studying in class 8 shared painfully that when she approached the headmaster for school admission in 2010 along with her grandmother who is visually challenged, he misbehaved with her taking advantage of the situation. When the girl tried to resist, he threatened her that he would not give her admission, he added.
Following protests by the parents, Arockiasamy was suspended, but not arrested. Hence, the petitioner preferred the present petition seeking to transfer of the investigation, as the police has not arrested him.
Times of India
Notice to home secretary in sexual abuse case
MADURAI: Taking exception to the non-filing of a counter affidavit by the state home secretary, as to whether a state-level commission equivalent to the Commission for Protection of Child Rights Act 2006, has been constituted, the Madurai bench of the Madras high court has directed him to file the affidavit by September 7.
Justice R Sudhakar gave the direction to the home secretary while hearing a petition to decide the issue of whether the investigation in the alleged sexual assault of a girl by a school headmaster, be handed over to some other agency from the police.
On July 27, the judge, after hearing a matter pertaining to the headmaster, who allegedly committed sexual abuse on girl children, directed the home secretary to file a report by August 12, as to whether the commission has been constituted.
However, when the matter came up for hearing on Wednesday, the judge found that the official had not filed the counter affidavit.
In a petition, the father of the girl submitted that on July 12, his daughter came back from school disturbed and depressed. Upon repeated enquiries by his wife and the neighbouring women, she confided in them that Arockiasamy, the headmaster of the school, had misbehaved with her. On further enquiries with some of her schoolmates, the children shocked everyone saying that Arockiasamy had been subjecting them to physical abuse for the past two years.
He also contended in the petition that a girl who was studying in class 8 shared painfully that when she approached the headmaster for school admission in 2010 along with her grandmother who is visually challenged, he misbehaved with her taking advantage of the situation. When the girl tried to resist, he threatened her that he would not give her admission, he added.
Following protests by the parents, Arockiasamy was suspended, but not arrested. Hence, the petitioner preferred the present petition seeking to transfer of the investigation, as the police has not arrested him.
23.8.11
DNA
Relief for sex assault victim
Mumbai: The Bombay high court has said that it is normal if a victim of molestation files her complaint a few days after the crime has occurred and that it can't be considered a defence for the accused, as it is a very difficult decision for the victim to take the case to court. The court stated this while dismissing an appeal filed by an accused against the three months sentence he was handed for outraging the modesty of a child.
Single judge AP Bhangale, while dismissing the appeal of Vikas Motiram Ghodke, 29, observed: "It is a difficult decision to take such a matter to the court. Ordinarily, the victim's family would not like any stigma to be attached to her."
Justice Bhangale also rejected Ghodke's claim that he was being falsely implicated by the victim. The court said: "I find it difficult to digest that a school girl will put her character at stake in order to falsely implicate the accused."
According to the prosecution, the victim registered a complaint on February 16, 2006, stating that two days earlier when she had gone to Ghodke's shop, he outraged her modesty. The victim narrated the incident to her aunt and uncle.
The accused was arrested and charged under section 354 of the Indian Penal Code. During the trial, the court examined five witnesses. Considering the evidence, the magistrate sentenced the accused to imprisonment for three months and a fine of Rs 300. Ghodke challenged the sentence in sessions court which was rejected and he moved the high court.
Justice Bhangale, while rejecting the defence that no independent witnesses were examined, said: "Knowledge and intention cannot be demonstrated like physical objects. The existence of intention or knowledge has to be culled out from various circumstances. A victim of molestation and indignation is in the same position as an injured witness and her testimony should receive the same weight.
DNA
Relief for sex assault victim
Mumbai: The Bombay high court has said that it is normal if a victim of molestation files her complaint a few days after the crime has occurred and that it can't be considered a defence for the accused, as it is a very difficult decision for the victim to take the case to court. The court stated this while dismissing an appeal filed by an accused against the three months sentence he was handed for outraging the modesty of a child.
Single judge AP Bhangale, while dismissing the appeal of Vikas Motiram Ghodke, 29, observed: "It is a difficult decision to take such a matter to the court. Ordinarily, the victim's family would not like any stigma to be attached to her."
Justice Bhangale also rejected Ghodke's claim that he was being falsely implicated by the victim. The court said: "I find it difficult to digest that a school girl will put her character at stake in order to falsely implicate the accused."
According to the prosecution, the victim registered a complaint on February 16, 2006, stating that two days earlier when she had gone to Ghodke's shop, he outraged her modesty. The victim narrated the incident to her aunt and uncle.
The accused was arrested and charged under section 354 of the Indian Penal Code. During the trial, the court examined five witnesses. Considering the evidence, the magistrate sentenced the accused to imprisonment for three months and a fine of Rs 300. Ghodke challenged the sentence in sessions court which was rejected and he moved the high court.
Justice Bhangale, while rejecting the defence that no independent witnesses were examined, said: "Knowledge and intention cannot be demonstrated like physical objects. The existence of intention or knowledge has to be culled out from various circumstances. A victim of molestation and indignation is in the same position as an injured witness and her testimony should receive the same weight.
August 12, 2011
12.8.11
DNA
Disturbing findings in homes for mentally challenged kids
Homes or orphanages for mentally challenged children in Maharashtra are in a pitiable condition and child sexual abuse cannot be ruled out, Dr Asha Bajpayee, TISS faculty, said in her report before the Bombay High Court.
The court appointed an apex committee under Bajpayee, amicus curiae, in August 2010 to study the conditions of welfare homes for mentally challenged children across the state.
About a year ago, there were reports of children being sexually abused and physically exploited at Kavdas orphanage in Shahpur in Thane district, about 90km off Mumbai.
Once the court realised that such a thing was more of a norm than exception, it formed the committee.
The report submitted before the court on July 29, 2011, threw up disturbing findings. There are homes for the mentally challenged in only 20 of the 35 districts.
“The basis on which such homes are opened is suspicious,” says the report. The Directorate of Women and Child Development (DWCD) has not attempted to find out if these children need institutionalisation.
“When a home is sanctioned in any district, a cut has to be paid to the DWCD officer and also to Child Welfare Committee members in the district,” the report alleged. The report questioned “the mushrooming of homes” over the past two year. “This is done for political considerations and it is not in the interest of children.”
Since the study began in August 2010, three homes had to shut down following revelations of child sexual abuse, malnourishment and deaths because of callous officials. Allegations of financial irregularities too had surfaced.
The report says none of the staff at any of the homes is even aware of signs of child sexual abuse. They answer a readymade questionnaire meant for the children, often selecting the “we are not sexually exploited” option. Since the children are mentally challenged, they have no idea of all this, the report alleged.
The government gives Rs1,140 as grant for every child. But most homes, according to the report, fudge the accounts by increasing the number of children. Also, only one home — in Mankhurd — is fully aided. The report pointed out the poor salaries of the administrative staff. “A superintendent gets the highest salary — Rs3,000 a month. This leads to staff shortage, resulting in children being neglected,” Bajpayee told DNA.
Children are transferred from one home to another like cattle without the knowledge of CWC members — a clear contravention of rules, she said. “If a child is seriously ill and there is a probability of his/her death, the child is transferred as no one wants to deal with death. Most of these homes also have adults. Some have even crossed 60,” she said pointing out the lack of coordination between the social justice departments that runs such facilities for adults and children. “A child is condemned as mentally challenged after a questionable IQ test… and the government, which should ideally care for them as state wards, simply leave them to languish in such homes.”
In Amravati division, the committee found that more than 15%of the children were not mentally challenged but they suffered from speech and hearing disabilities. In fact, data compiled by superintendents shows only 41% of the children actually need institutionalised care.
Harish Rathod, joint commissioner of DWCD, said the report was good. “We are studying it and we will ensure action is taken according to its recommendations,” he said.
DNA
Disturbing findings in homes for mentally challenged kids
Homes or orphanages for mentally challenged children in Maharashtra are in a pitiable condition and child sexual abuse cannot be ruled out, Dr Asha Bajpayee, TISS faculty, said in her report before the Bombay High Court.
The court appointed an apex committee under Bajpayee, amicus curiae, in August 2010 to study the conditions of welfare homes for mentally challenged children across the state.
About a year ago, there were reports of children being sexually abused and physically exploited at Kavdas orphanage in Shahpur in Thane district, about 90km off Mumbai.
Once the court realised that such a thing was more of a norm than exception, it formed the committee.
The report submitted before the court on July 29, 2011, threw up disturbing findings. There are homes for the mentally challenged in only 20 of the 35 districts.
“The basis on which such homes are opened is suspicious,” says the report. The Directorate of Women and Child Development (DWCD) has not attempted to find out if these children need institutionalisation.
“When a home is sanctioned in any district, a cut has to be paid to the DWCD officer and also to Child Welfare Committee members in the district,” the report alleged. The report questioned “the mushrooming of homes” over the past two year. “This is done for political considerations and it is not in the interest of children.”
Since the study began in August 2010, three homes had to shut down following revelations of child sexual abuse, malnourishment and deaths because of callous officials. Allegations of financial irregularities too had surfaced.
The report says none of the staff at any of the homes is even aware of signs of child sexual abuse. They answer a readymade questionnaire meant for the children, often selecting the “we are not sexually exploited” option. Since the children are mentally challenged, they have no idea of all this, the report alleged.
The government gives Rs1,140 as grant for every child. But most homes, according to the report, fudge the accounts by increasing the number of children. Also, only one home — in Mankhurd — is fully aided. The report pointed out the poor salaries of the administrative staff. “A superintendent gets the highest salary — Rs3,000 a month. This leads to staff shortage, resulting in children being neglected,” Bajpayee told DNA.
Children are transferred from one home to another like cattle without the knowledge of CWC members — a clear contravention of rules, she said. “If a child is seriously ill and there is a probability of his/her death, the child is transferred as no one wants to deal with death. Most of these homes also have adults. Some have even crossed 60,” she said pointing out the lack of coordination between the social justice departments that runs such facilities for adults and children. “A child is condemned as mentally challenged after a questionable IQ test… and the government, which should ideally care for them as state wards, simply leave them to languish in such homes.”
In Amravati division, the committee found that more than 15%of the children were not mentally challenged but they suffered from speech and hearing disabilities. In fact, data compiled by superintendents shows only 41% of the children actually need institutionalised care.
Harish Rathod, joint commissioner of DWCD, said the report was good. “We are studying it and we will ensure action is taken according to its recommendations,” he said.
July 30, 2011
28.7.11
Mumbai Mirror
Girls, boys raped daily, alcohol forced down their throats
Hope for the 13 boys and five girls, as new charge sheet in the Kavdas orphanage rape and abuse case gives true picture of the torture the victims went through
A fresh charge sheet has raised hopes of justice for the 18 children who suffered rape, starvation, regular thrashing and sexual assault at an orphanage in Kavdas.
The children (13 boys and five girls) were rescued from the horror house on August 22, last year.
After being let down by the Child Welfare Committee, State government and the police, the children are inching towards justice.
A special team headed by Superintendent of Police Rashmi Karandikar has submitted an exhaustive charge sheet, narrating how the horrors extended from pitiable living conditions, almost no food, physical abuse, going right up to violent rape of the girls, and sodomy of the boys. Alcohol was often forced down their throats while their tormentors abused them.
Daily chores
The charge sheet lists how the mentally-challenged children, aged between seven and 13 years, were made to wake up at the crack of dawn, and slog through the day. Their chores included fetching water from a river located a km from the orphanage, cleaning the premises, and cutting grass to feed the cattle owned by the orphanage founder. Hesitation, delay or mistakes in carrying out the chores resulted in relentless beatings, the charge sheet said.
Once the children were done with the morning chores, which took them at least three hours, they given a dry chapatti each, which was basically leftover food from the previous night, with some watery dal.
The victims stated in fresh statements to Karandikar’s team that they were never given tooth brushes, soap or hair oil. Bath was a luxury granted once in 15 days, and that too at the river.
At times, the five girls were made to wash clothes of all inmates. On paper, the orphanage had toilets, but none was functional. The children were forced to defecate in the open, the charge sheet said.
Post lunch, if one could call a dry chapatti and dal fare a lunch, the children were sent back to work, when they should have been studying in an in-house school. The orphanage had recruited teachers, and had shown classrooms on the premises while applying for licence to run the shelter home.
However, the teachers were just task masters who made the children slog. In their statement, the children said two ‘teachers’ - Sonal Shirke and Harshada Nichite (both have been arrested) used to beat them with iron rods if they did not complete the chores.
The duo were often joined by Shailaja Tarmale alias Sakshi Gole (also arrested), president of the orphanage, who ruthlessly beat up the kids. Medical examination of the children revealed that they were subjected to frequent thrashing by rods and sticks.
It is further alleged that the ailing children were taken to a government medical centre in Shahpur only when their condition turned critical. At the shelter home, the ailing kids were locked in a dark and dingy room, where they were forced to eat, sleep and even defecate.
The severely ill kids were not able to work, and got very little food. Their condition deteriorated over a period, and of the 24 kids shifted to the orphanage in December 2009, five died between May and July 2010.
On August 22, Mumbai Mirror reporters visited the orphanage, and found five severely-ill children locked in a room. Let alone walk, they were barely able to stand. All of them were severely malnourished, and lunged for the biscuit packets that the Mirror team had taken for them.
Sexual abuse
The children revealed that the worst was reserved for the evening. Immediately after sunset, they were served dinner, which included not more than two chapattis each and watery dal.
The children said they were never served eggs, fresh vegetables or meat, which the institution was supposed to provide, according to the terms and conditions set by the State for the licence.
Milk and other dairy products were unheard of at the orphanage.
Post dinner, the boys and girls were packed in different rooms, which had no beds, sheets, mattresses or even pillows. They told the police about the horrors night after night, when someone would walk into their rooms and rape them.
The five girls in their statements have stated that orphanage founder Pundalik Gole walked in almost every night in an inebriated state. He would force bottles of country liquor down the girls’ throats, and raped them.
Those who protested were brutally thrashed, and scalded with cigarettes. Medical examination revealed burn wounds from cigarettes on all girls, mostly around their private parts. Gole has been arrested.
The girls mentioned that men working in the orphanage would also walk into their rooms, and raped them. They identified their tormentors Sikander Pinjari, Sayyed Nawab, Jitendra Chavan, Nana Baghul and another man they knew as Chhota Chavan. The men subjected the five girls to unnatural
There were times when a girl was raped, and minutes later, forced to have unnatural with another man. Their medical examination revealed of the five girls, four were repeatedly raped, while a seven-year-old was sexually abused on several occasions.
The men regularly barged into the boys’ rooms as well. In their statement, the boys said that their tormentors would ask one of the elder boys to fetch a younger inmate.
The boys were often forced to drink alcohol, following which they were sexually abused. Often, one of them would be raped by different men. Medical reports said eight boys were sexually abused repeatedly.
The charges
Eight of the accused have been booked for gang rape, custodial rape, rape of the mentally-challenged, unnatural, molestation, assault, attempt to murder, culpable homicide not amounting to murder, and abetment.
They have also been charged under Sections 23, 25 and 27 of the Juvenile Justice Act for torture and starvation. Office bearers of the orphanage have been charged for cheating under Section 420 of Indian Penal Code.
While applying for a licence to run the orphanage, a list of seven trustees was given to the state. Of the seven, three were related, which is against rules. As per the government norms, members of the same family cannot be on a trust that runs an institution.
While the investigating team has booked the trustees, there is no mention of the State officials who accepted the list, and granted a licence to the orphanage.
Loopholes in the previous charge sheet
The charge sheet filed by the Shahpur police in the Kavdas case on April 6 was so weak, the Bombay High Court asked the State to respond to the allegations of shoddy work by the police.
The HC rap came after Mirror reported on April 27 at least 10 crucial leads the Shahpur police ignored, or didn’t follow up, while filing the charge sheet.
Incisive leads such as an inmate’s death at the orphanage due to alleged beating by one of the trustees, allegations of rape and sexual assault, and deaths of five children in three months were not looked into. The police didn’t record the children’s statements either.
While the orphanage trustee Pundalik Gole, named main accused, was charged with rape, molestation, assault, intimidation and ill-treating the children, there was no mention of the six other trustees of Adivasi Magaswargiya Krishi Vikas Sanstha, which ran the shelter home, and its 22 employees.
Over the past seven months, the police interviewed several witnesses, interrogated the accused, spoke to the victims, and yet, they were only able to name Gole in the case.
Mumbai Mirror
Girls, boys raped daily, alcohol forced down their throats
Hope for the 13 boys and five girls, as new charge sheet in the Kavdas orphanage rape and abuse case gives true picture of the torture the victims went through
A fresh charge sheet has raised hopes of justice for the 18 children who suffered rape, starvation, regular thrashing and sexual assault at an orphanage in Kavdas.
The children (13 boys and five girls) were rescued from the horror house on August 22, last year.
After being let down by the Child Welfare Committee, State government and the police, the children are inching towards justice.
A special team headed by Superintendent of Police Rashmi Karandikar has submitted an exhaustive charge sheet, narrating how the horrors extended from pitiable living conditions, almost no food, physical abuse, going right up to violent rape of the girls, and sodomy of the boys. Alcohol was often forced down their throats while their tormentors abused them.
Daily chores
The charge sheet lists how the mentally-challenged children, aged between seven and 13 years, were made to wake up at the crack of dawn, and slog through the day. Their chores included fetching water from a river located a km from the orphanage, cleaning the premises, and cutting grass to feed the cattle owned by the orphanage founder. Hesitation, delay or mistakes in carrying out the chores resulted in relentless beatings, the charge sheet said.
Once the children were done with the morning chores, which took them at least three hours, they given a dry chapatti each, which was basically leftover food from the previous night, with some watery dal.
The victims stated in fresh statements to Karandikar’s team that they were never given tooth brushes, soap or hair oil. Bath was a luxury granted once in 15 days, and that too at the river.
At times, the five girls were made to wash clothes of all inmates. On paper, the orphanage had toilets, but none was functional. The children were forced to defecate in the open, the charge sheet said.
Post lunch, if one could call a dry chapatti and dal fare a lunch, the children were sent back to work, when they should have been studying in an in-house school. The orphanage had recruited teachers, and had shown classrooms on the premises while applying for licence to run the shelter home.
However, the teachers were just task masters who made the children slog. In their statement, the children said two ‘teachers’ - Sonal Shirke and Harshada Nichite (both have been arrested) used to beat them with iron rods if they did not complete the chores.
The duo were often joined by Shailaja Tarmale alias Sakshi Gole (also arrested), president of the orphanage, who ruthlessly beat up the kids. Medical examination of the children revealed that they were subjected to frequent thrashing by rods and sticks.
It is further alleged that the ailing children were taken to a government medical centre in Shahpur only when their condition turned critical. At the shelter home, the ailing kids were locked in a dark and dingy room, where they were forced to eat, sleep and even defecate.
The severely ill kids were not able to work, and got very little food. Their condition deteriorated over a period, and of the 24 kids shifted to the orphanage in December 2009, five died between May and July 2010.
On August 22, Mumbai Mirror reporters visited the orphanage, and found five severely-ill children locked in a room. Let alone walk, they were barely able to stand. All of them were severely malnourished, and lunged for the biscuit packets that the Mirror team had taken for them.
Sexual abuse
The children revealed that the worst was reserved for the evening. Immediately after sunset, they were served dinner, which included not more than two chapattis each and watery dal.
The children said they were never served eggs, fresh vegetables or meat, which the institution was supposed to provide, according to the terms and conditions set by the State for the licence.
Milk and other dairy products were unheard of at the orphanage.
Post dinner, the boys and girls were packed in different rooms, which had no beds, sheets, mattresses or even pillows. They told the police about the horrors night after night, when someone would walk into their rooms and rape them.
The five girls in their statements have stated that orphanage founder Pundalik Gole walked in almost every night in an inebriated state. He would force bottles of country liquor down the girls’ throats, and raped them.
Those who protested were brutally thrashed, and scalded with cigarettes. Medical examination revealed burn wounds from cigarettes on all girls, mostly around their private parts. Gole has been arrested.
The girls mentioned that men working in the orphanage would also walk into their rooms, and raped them. They identified their tormentors Sikander Pinjari, Sayyed Nawab, Jitendra Chavan, Nana Baghul and another man they knew as Chhota Chavan. The men subjected the five girls to unnatural
There were times when a girl was raped, and minutes later, forced to have unnatural with another man. Their medical examination revealed of the five girls, four were repeatedly raped, while a seven-year-old was sexually abused on several occasions.
The men regularly barged into the boys’ rooms as well. In their statement, the boys said that their tormentors would ask one of the elder boys to fetch a younger inmate.
The boys were often forced to drink alcohol, following which they were sexually abused. Often, one of them would be raped by different men. Medical reports said eight boys were sexually abused repeatedly.
The charges
Eight of the accused have been booked for gang rape, custodial rape, rape of the mentally-challenged, unnatural, molestation, assault, attempt to murder, culpable homicide not amounting to murder, and abetment.
They have also been charged under Sections 23, 25 and 27 of the Juvenile Justice Act for torture and starvation. Office bearers of the orphanage have been charged for cheating under Section 420 of Indian Penal Code.
While applying for a licence to run the orphanage, a list of seven trustees was given to the state. Of the seven, three were related, which is against rules. As per the government norms, members of the same family cannot be on a trust that runs an institution.
While the investigating team has booked the trustees, there is no mention of the State officials who accepted the list, and granted a licence to the orphanage.
Loopholes in the previous charge sheet
The charge sheet filed by the Shahpur police in the Kavdas case on April 6 was so weak, the Bombay High Court asked the State to respond to the allegations of shoddy work by the police.
The HC rap came after Mirror reported on April 27 at least 10 crucial leads the Shahpur police ignored, or didn’t follow up, while filing the charge sheet.
Incisive leads such as an inmate’s death at the orphanage due to alleged beating by one of the trustees, allegations of rape and sexual assault, and deaths of five children in three months were not looked into. The police didn’t record the children’s statements either.
While the orphanage trustee Pundalik Gole, named main accused, was charged with rape, molestation, assault, intimidation and ill-treating the children, there was no mention of the six other trustees of Adivasi Magaswargiya Krishi Vikas Sanstha, which ran the shelter home, and its 22 employees.
Over the past seven months, the police interviewed several witnesses, interrogated the accused, spoke to the victims, and yet, they were only able to name Gole in the case.
July 14, 2011
13.7.11
Hindustan Times
Conviction rate for rape cases in state just 19%
The conviction rate in rape cases registered in Maharashtra is less than 20%, reveal the latest government data, raising worrying questions against the backdrop of the rise in the incidence of rape and molestation in Mumbai, reported by Hindustan Times in its Tuesday edition. A judicial verdict was given in only 283 of the 1,483 rape cases registered in the state in 2009, reveal the latest figures available with the government. In the remaining 1,200 cases, either the accused have been acquitted or the victim is still waiting for justice.
At 19.1%, the conviction rate in the state is way below the national average of 26.9% (in 2009), show data obtained from the National Crime Record Bureau and the state home department.
The poor conviction rate could explain the rise in the number of offences against women. "The low conviction rate is a matter of concern and is one of the main reasons for a rise in [rape] cases. We need to make the process, from approaching the police to conviction, more stringent to improve the scenario," Satej Patil, minister of state for home, told HT.
On Tuesday, in an exclusive report, Hindustan Times published the latest data that shows a 15% rise in the- number of rape and molestation cases in the city from November 2010 to April 2011, compared to the previous six months.
Advocate Manisha Tulpule, who has handled several rape cases, blames both the police and the government. "As per a Supreme Court directive, rape victims should be given immediate free legal, medical aid, counselling and compensation, which is absent in majority of the cases," said Tulpule.
Shirish Gupte, a Bombay high court advocate, suggests that the huge case backlog is the problem. "We follow all the norms put down for tackling rape cases, but sometimes they get delayed because of a huge backlog," he said. "Also, in several cases women backtrack because of lack of medical evidence or because they get married."
Brinda Karat, who heads the All India Democratic Women's Association, said making fine promises is not good enough. "Only promises, but no action has led to this. A poor legal system, inconsiderate police who question the victim a million times, doing court rounds are reasons for low convictions and high number of rapes," she said.
Hindustan Times
Conviction rate for rape cases in state just 19%
The conviction rate in rape cases registered in Maharashtra is less than 20%, reveal the latest government data, raising worrying questions against the backdrop of the rise in the incidence of rape and molestation in Mumbai, reported by Hindustan Times in its Tuesday edition. A judicial verdict was given in only 283 of the 1,483 rape cases registered in the state in 2009, reveal the latest figures available with the government. In the remaining 1,200 cases, either the accused have been acquitted or the victim is still waiting for justice.
At 19.1%, the conviction rate in the state is way below the national average of 26.9% (in 2009), show data obtained from the National Crime Record Bureau and the state home department.
The poor conviction rate could explain the rise in the number of offences against women. "The low conviction rate is a matter of concern and is one of the main reasons for a rise in [rape] cases. We need to make the process, from approaching the police to conviction, more stringent to improve the scenario," Satej Patil, minister of state for home, told HT.
On Tuesday, in an exclusive report, Hindustan Times published the latest data that shows a 15% rise in the- number of rape and molestation cases in the city from November 2010 to April 2011, compared to the previous six months.
Advocate Manisha Tulpule, who has handled several rape cases, blames both the police and the government. "As per a Supreme Court directive, rape victims should be given immediate free legal, medical aid, counselling and compensation, which is absent in majority of the cases," said Tulpule.
Shirish Gupte, a Bombay high court advocate, suggests that the huge case backlog is the problem. "We follow all the norms put down for tackling rape cases, but sometimes they get delayed because of a huge backlog," he said. "Also, in several cases women backtrack because of lack of medical evidence or because they get married."
Brinda Karat, who heads the All India Democratic Women's Association, said making fine promises is not good enough. "Only promises, but no action has led to this. A poor legal system, inconsiderate police who question the victim a million times, doing court rounds are reasons for low convictions and high number of rapes," she said.
9.7.11
Indian Express
Experiments in sex shocks teachers
KOCHI: Giving an indication that all is not well with the teenagers in the state, the adolescent clinics set up by the government in three districts have started reporting cases of substance and sexual abuse, homosexuality and criminal behaviour.
The teaching community and the health workers in the schools are alarmed at the ‘experiments in sex’ among schoolchildren, which include homosexuality.
“It is when we sit through the counselling sessions that we come to know about how badly teenagers need help. Many of them are carried away by peer pressure and those who get into these groups don’t know how to handle themselves,” says
Dr Gracy Thomas, Medical Officer, Adolescent Reproductive Sexual Health(ARSH)programme, Ernakulam district.
‘’The complaints and doubts are shocking. The teachers are aware of it, but most of them don’t know what to do,” says Dr Gracy.
So, when the ARSH medical unit team led by Dr Gracy, a counsellor and a primary healthcare nurse visit schools across the district, the children come crying for help.
“Some of them wait to just talk to me and ask me to help them. We identify such cases and try and make sure that they come for counselling at the adolescent clinics,” she explains. After hearing the stories, it doesn’t look surprising that Paravoor, Kothamangalam and Vettichira incidents happened.
“The mobile phones have been responsible for introducing the children to experiment in perverse acts after watching blue films and SMSes,” Dr Gracy Thomas said.� After the sex education class which explains to them that the changes in their body are all part of growing up, the medical team warns them of the health consequences of acquiring habits beyond their age.
“We show them pictures of diseases caused by free sex, tobacco and alcohol abuse and drugs,” she explains.
“Most of them are shocked and even the most unmanageable children listen attentively. The reaction from the kids indicate that most of them do not know� the harsh realities behind the fantasies.”
“Now, we are working on strategies to bring all problem children into these clinics.
‘‘The seven clinics in the district have started getting a good response. We hope to bring in new methods to address the psycho-social and reproductive health problems among adolescents,” says Dr K V Beena, District Manager, National Rural Health Mission. “The state government, as part of the 100-day programme of the Health Department, has okayed `50 lakh from the Child Development Centre for the clinics, says CDC Director M K C Nair.
“The fund will be used for the welfare of adolescent girls.� ‘‘We haven’t planned anything for the boys yet, though we are aware of problems like homosexuality and sexual abuse among them,” says Nair.
Indian Express
Experiments in sex shocks teachers
KOCHI: Giving an indication that all is not well with the teenagers in the state, the adolescent clinics set up by the government in three districts have started reporting cases of substance and sexual abuse, homosexuality and criminal behaviour.
The teaching community and the health workers in the schools are alarmed at the ‘experiments in sex’ among schoolchildren, which include homosexuality.
“It is when we sit through the counselling sessions that we come to know about how badly teenagers need help. Many of them are carried away by peer pressure and those who get into these groups don’t know how to handle themselves,” says
Dr Gracy Thomas, Medical Officer, Adolescent Reproductive Sexual Health(ARSH)programme, Ernakulam district.
‘’The complaints and doubts are shocking. The teachers are aware of it, but most of them don’t know what to do,” says Dr Gracy.
So, when the ARSH medical unit team led by Dr Gracy, a counsellor and a primary healthcare nurse visit schools across the district, the children come crying for help.
“Some of them wait to just talk to me and ask me to help them. We identify such cases and try and make sure that they come for counselling at the adolescent clinics,” she explains. After hearing the stories, it doesn’t look surprising that Paravoor, Kothamangalam and Vettichira incidents happened.
“The mobile phones have been responsible for introducing the children to experiment in perverse acts after watching blue films and SMSes,” Dr Gracy Thomas said.� After the sex education class which explains to them that the changes in their body are all part of growing up, the medical team warns them of the health consequences of acquiring habits beyond their age.
“We show them pictures of diseases caused by free sex, tobacco and alcohol abuse and drugs,” she explains.
“Most of them are shocked and even the most unmanageable children listen attentively. The reaction from the kids indicate that most of them do not know� the harsh realities behind the fantasies.”
“Now, we are working on strategies to bring all problem children into these clinics.
‘‘The seven clinics in the district have started getting a good response. We hope to bring in new methods to address the psycho-social and reproductive health problems among adolescents,” says Dr K V Beena, District Manager, National Rural Health Mission. “The state government, as part of the 100-day programme of the Health Department, has okayed `50 lakh from the Child Development Centre for the clinics, says CDC Director M K C Nair.
“The fund will be used for the welfare of adolescent girls.� ‘‘We haven’t planned anything for the boys yet, though we are aware of problems like homosexuality and sexual abuse among them,” says Nair.
12.7.11
Hindustan Times
89 cases of rape, molestation in 180 days in Mumbai
The city saw 89 cases of rape and molestation registered with the police in 180 days (between November 2010 and April 2011). The situation is worse across Maharashtra, with four rape and molestation cases being registered every day. The latest data accessed by Hindustan Times from the state home department shows that Mumbai has seen a 15% increase in the number of rape and molestation cases in the past six months, compared to 77 from May to October 2010.
“It is certainly a matter of concern if the data is revealing this. We will immediately look into the issue and see what can be done,” Umeshchandra Sarangi, additional chief secretary (home) told HT.
At 166, Mumbai has the highest number of cases registered among the nine cities in the state in the past one year (May 2010 to April 2011). The nine cities include Navi Mumbai and Thane.
There were 755 cases registered across the state from November 2010 to April 2011, a rise from the 739 cases registered in the previous six months.
“These figures are just the tip of the iceberg. Few cases of rape get registered, and even fewer reach the conviction stage. The start is to get the police to register rape cases,” said Neelam Gorhe, Shiv Sena legislator and women’s rights activist.
Just two weeks ago, the Bombay high court pulled up the railway police for the rising number of offences against women, following an HT report published in the June 21 edition about the molestation of a Nerul resident in a moving train.
The court recommended to the state that it make molestation a non-bailable offence. Sarangi said the government is now considering an amendment to section 354 of the Indian Penal Code, to convert molestation into a non-bailable offence and to make the sentence harsher. “We will ensure a higher conviction rate for rape cases,” he said.
Currently, the punishment for molestation is two years’ imprisonment, while for rape it can be ten years’ imprisonment or a life sentence and/or fine.
The rural areas of Maharashtra are divided into seven police district ranges, and the Nagpur range is the worst, with 111 cases registered during the six-month period ending this April. It is followed by the Kolhapur range, home minister RR Patil’s backyard, which saw 98 cases.
Known as the rape capital, Delhi saw 258 cases of rapes and molestations registered in six months, from January 1 to June 30.
Hindustan Times
89 cases of rape, molestation in 180 days in Mumbai
The city saw 89 cases of rape and molestation registered with the police in 180 days (between November 2010 and April 2011). The situation is worse across Maharashtra, with four rape and molestation cases being registered every day. The latest data accessed by Hindustan Times from the state home department shows that Mumbai has seen a 15% increase in the number of rape and molestation cases in the past six months, compared to 77 from May to October 2010.
“It is certainly a matter of concern if the data is revealing this. We will immediately look into the issue and see what can be done,” Umeshchandra Sarangi, additional chief secretary (home) told HT.
At 166, Mumbai has the highest number of cases registered among the nine cities in the state in the past one year (May 2010 to April 2011). The nine cities include Navi Mumbai and Thane.
There were 755 cases registered across the state from November 2010 to April 2011, a rise from the 739 cases registered in the previous six months.
“These figures are just the tip of the iceberg. Few cases of rape get registered, and even fewer reach the conviction stage. The start is to get the police to register rape cases,” said Neelam Gorhe, Shiv Sena legislator and women’s rights activist.
Just two weeks ago, the Bombay high court pulled up the railway police for the rising number of offences against women, following an HT report published in the June 21 edition about the molestation of a Nerul resident in a moving train.
The court recommended to the state that it make molestation a non-bailable offence. Sarangi said the government is now considering an amendment to section 354 of the Indian Penal Code, to convert molestation into a non-bailable offence and to make the sentence harsher. “We will ensure a higher conviction rate for rape cases,” he said.
Currently, the punishment for molestation is two years’ imprisonment, while for rape it can be ten years’ imprisonment or a life sentence and/or fine.
The rural areas of Maharashtra are divided into seven police district ranges, and the Nagpur range is the worst, with 111 cases registered during the six-month period ending this April. It is followed by the Kolhapur range, home minister RR Patil’s backyard, which saw 98 cases.
Known as the rape capital, Delhi saw 258 cases of rapes and molestations registered in six months, from January 1 to June 30.
July 7, 2011
6.7.11
Hindustan Times
Rape victims to be compensated
Rape victims will soon get a financial assistance ranging upto Rs 3 lakh. There will also be a provision for interim relief of upto Rs 20,000 and restorative support of Rs 50,000, which will be given within 15 days of the incident. This was stated in a landmark draft scheme of the Centre submitted before the Delhi high court on Wednesday. The court directed the Centre to finalise the scheme and notify it within six weeks.
Besides financial assistance, the women and child development ministry’s scheme aims for “restorative justice” in the form of legal and medical assistance, shelter, counselling and other support services.
The relief can be accessed by a woman, minor girl or legal heirs of an affected woman. In certain special cases involving minor girls, mentally challenged or handicapped women, suffering from HIV/AIDS or STDs the amount can go upto R5 lakh.
Interim relief has to 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 will also have to forward the medical certificate and preliminary investigation report within 72 hours. The district board can disburse the interim relief of R20,000 after a preliminary inquiry as far as possible within 15 days and in a maximum of three weeks.
The final amount of R3 lakh can be directly disbursed by the district board within 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.
A bench headed by chief justice Dipak Misra had lashed out at the Centre on May 8 for delaying the scheme for over a year.
“The matter has to be taken up with all seriousness as a case of this nature requires attention for the purpose of enabling rape victims to be rehabilitated both socially as well as mentally because the anguish, the agony and the trauma suffered by a rape victim is absolutely immeasurable,” the court had said.
Hindustan Times
Rape victims to be compensated
Rape victims will soon get a financial assistance ranging upto Rs 3 lakh. There will also be a provision for interim relief of upto Rs 20,000 and restorative support of Rs 50,000, which will be given within 15 days of the incident. This was stated in a landmark draft scheme of the Centre submitted before the Delhi high court on Wednesday. The court directed the Centre to finalise the scheme and notify it within six weeks.
Besides financial assistance, the women and child development ministry’s scheme aims for “restorative justice” in the form of legal and medical assistance, shelter, counselling and other support services.
The relief can be accessed by a woman, minor girl or legal heirs of an affected woman. In certain special cases involving minor girls, mentally challenged or handicapped women, suffering from HIV/AIDS or STDs the amount can go upto R5 lakh.
Interim relief has to 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 will also have to forward the medical certificate and preliminary investigation report within 72 hours. The district board can disburse the interim relief of R20,000 after a preliminary inquiry as far as possible within 15 days and in a maximum of three weeks.
The final amount of R3 lakh can be directly disbursed by the district board within 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.
A bench headed by chief justice Dipak Misra had lashed out at the Centre on May 8 for delaying the scheme for over a year.
“The matter has to be taken up with all seriousness as a case of this nature requires attention for the purpose of enabling rape victims to be rehabilitated both socially as well as mentally because the anguish, the agony and the trauma suffered by a rape victim is absolutely immeasurable,” the court had said.
June 27, 2011
18.6.11
DNA
100 may have exploited 14-year-old in Kerala
The Kerala police is hunting for at least 70 persons who allegedly sexually exploited a 14-year old girl in connivance with her father.
The police believe that over 100 persons might be involved in the sexual exploitation of the girl, and 29 have been arrested recently.
The girl said her father, who used to do odd roles in Malayalam films, first exploited her and then let others in the industry and outside to do the same.
Hailing from Paravoor in Ernakulam district, the girl revealed her trauma to a close relative, following which a police complaint was filed three months ago.
Police said 71 accused are absconding and the police are hunting for them in Kerala, Tamil Nadu and Karnataka. The victim had named some persons and a few more have to be identified.
DNA
100 may have exploited 14-year-old in Kerala
The Kerala police is hunting for at least 70 persons who allegedly sexually exploited a 14-year old girl in connivance with her father.
The police believe that over 100 persons might be involved in the sexual exploitation of the girl, and 29 have been arrested recently.
The girl said her father, who used to do odd roles in Malayalam films, first exploited her and then let others in the industry and outside to do the same.
Hailing from Paravoor in Ernakulam district, the girl revealed her trauma to a close relative, following which a police complaint was filed three months ago.
Police said 71 accused are absconding and the police are hunting for them in Kerala, Tamil Nadu and Karnataka. The victim had named some persons and a few more have to be identified.
22.6.11
Indian Express
Training for cops to deal with sexual abuse victims
For a victim of sexual abuse, the horror often does not end with the crime. The victim relives the pain and humiliation repeatedly starting from the time he or she approaches the police to register a complaint. In a bid to sensitise the police, a city-based NGO is training policemen on handling child sexual abuse cases.
Muskaan, an initiative under Aalochana, Centre for Documentation and Research on Women, is training policemen on the psychological, social, and legal aspects of sexual abuse cases. “In most cases, the culprits are close relatives who make the victims feel ashamed of themselves,” Radhika Rawat of Muskaan said.
Recently, state Director General of Police Ajit Parasnis had said that growing crime against minors was one of the biggest concerns for the police. Sharmila Raje, another team member said, “We approached Police Commissioner Meeran Borwankar and expressed our concern about the way the issue of chld sexual abuse is dealt with at police stations. We suggested training for the police. With her approval, we have begun our training with sub inspectors and writers at police stations. We have covered all police stations under Zone I and will be covering the other three zones in the coming days.”
Indian Express
Training for cops to deal with sexual abuse victims
For a victim of sexual abuse, the horror often does not end with the crime. The victim relives the pain and humiliation repeatedly starting from the time he or she approaches the police to register a complaint. In a bid to sensitise the police, a city-based NGO is training policemen on handling child sexual abuse cases.
Muskaan, an initiative under Aalochana, Centre for Documentation and Research on Women, is training policemen on the psychological, social, and legal aspects of sexual abuse cases. “In most cases, the culprits are close relatives who make the victims feel ashamed of themselves,” Radhika Rawat of Muskaan said.
Recently, state Director General of Police Ajit Parasnis had said that growing crime against minors was one of the biggest concerns for the police. Sharmila Raje, another team member said, “We approached Police Commissioner Meeran Borwankar and expressed our concern about the way the issue of chld sexual abuse is dealt with at police stations. We suggested training for the police. With her approval, we have begun our training with sub inspectors and writers at police stations. We have covered all police stations under Zone I and will be covering the other three zones in the coming days.”
Kids are no longer safe
Express News Service , The New Indian Express
Posted on Jun 25, 2011 at 12:26pm IST
KOCHI: Incidents of sexual abuse have been hitting headlines for years now. But some of the incidents that have cropped up recently seem to be a little too disturbing. For, it is no longer the woman but the child who is the target and that too with the active participation of the parent.
Is this a new phenomenon in our society or is it just a continuation of our history?
“We cannot say this is completely new. There is no data to say that. But now such incidents are coming out in the open. It must be said that on an average the number of parents committing sexual abuse is just two percent. But the fact that it is happening cannot be ignored,” says M K G Nair, director of Child Development Centre, Trivandrum Medical College.
Cities seem to be on the forefront as far as such incidents are concerned.
Experts say this might be due to under reporting in villages while others feel these can be some of the side-effects of modernity seen in cities. “In rural areas, people are more connected. In my experience I have seen that when such incidents take place, the neighbours get to know and the local people intervene. But in cities this network is limited,” says M P Antony, project officer, Rajagiri Outreach.
At a time when children are increasingly becoming the focus of a parent’s life, such incidents have a tendency to shock society. “These were problems generally associated with the western society.
But in the west there are also several mechanisms to counter the issue. But we have ended up in a situation where we have all the problems but no solutions. A child here is extremely vulnerable because there are hardly any avenues for him/her to voice their problems,” said Sachidananda Kamath, president, Indian Medical Association, Kochi.
Counselling centres in schools which experts believe can put some check on the incidents.
Sex education of children from a young age could reduce their vulnerability to such abuse. “It has been scientifically proven that children who are given adequate sex education are five times less vulnerable to sexual abuse. “As part of the Integrated Child Development Programme (ICDS) the government has started a programme which makes counselling in schools compulsory. But the programme is yet to take off. “We are launching a state-wide scheme on similar lines under the CM’s 100-day programme.
It will include 10 lakh children from 300 Anganwadis. It might not be a revolution but it is at least a step forward,” said Nair.
Express News Service , The New Indian Express
Posted on Jun 25, 2011 at 12:26pm IST
KOCHI: Incidents of sexual abuse have been hitting headlines for years now. But some of the incidents that have cropped up recently seem to be a little too disturbing. For, it is no longer the woman but the child who is the target and that too with the active participation of the parent.
Is this a new phenomenon in our society or is it just a continuation of our history?
“We cannot say this is completely new. There is no data to say that. But now such incidents are coming out in the open. It must be said that on an average the number of parents committing sexual abuse is just two percent. But the fact that it is happening cannot be ignored,” says M K G Nair, director of Child Development Centre, Trivandrum Medical College.
Cities seem to be on the forefront as far as such incidents are concerned.
Experts say this might be due to under reporting in villages while others feel these can be some of the side-effects of modernity seen in cities. “In rural areas, people are more connected. In my experience I have seen that when such incidents take place, the neighbours get to know and the local people intervene. But in cities this network is limited,” says M P Antony, project officer, Rajagiri Outreach.
At a time when children are increasingly becoming the focus of a parent’s life, such incidents have a tendency to shock society. “These were problems generally associated with the western society.
But in the west there are also several mechanisms to counter the issue. But we have ended up in a situation where we have all the problems but no solutions. A child here is extremely vulnerable because there are hardly any avenues for him/her to voice their problems,” said Sachidananda Kamath, president, Indian Medical Association, Kochi.
Counselling centres in schools which experts believe can put some check on the incidents.
Sex education of children from a young age could reduce their vulnerability to such abuse. “It has been scientifically proven that children who are given adequate sex education are five times less vulnerable to sexual abuse. “As part of the Integrated Child Development Programme (ICDS) the government has started a programme which makes counselling in schools compulsory. But the programme is yet to take off. “We are launching a state-wide scheme on similar lines under the CM’s 100-day programme.
It will include 10 lakh children from 300 Anganwadis. It might not be a revolution but it is at least a step forward,” said Nair.
June 14, 2011
14.6.11
Times of India
Court roots for greater awareness on tackling sexual assaults on kids
MUMBAI: The Bombay high court has pitched for greater awareness of the three 'R's--recognise, resist and report--to tackle sexual assaults on children. Justice Roshan Dalvi's observations came while upholding the 10 years rigorous imprisonment awarded to a Raigad resident who had raped a nine-year-old standard III student seven years ago.
"It is when society, as also families, fail to follow these principles that offences of the kind alleged by the prosecution, in this case (rape of a child), take place," said Justice Dalvi. The judge said that while such crimes were universal, in rural areas, sexual abuse of children was left unobserved. "It is, therefore, that the crime persists with regular frequency over the most innocent victims," said the judge.
The judge called the assault on the victim a "gross violation of human rights" and refused to show the accused, Laxman Kokare, leniency. The defence had urged lesser punishment, saying Kokare was the father of two minors. "This would mean that the father of two minor children can sexually molest the minor children of other fathers. It would be scandalous to suggest that such persons who are a menace to innocent minor children can be seen by the court with any amount of leniency," said the judge.
On July 9, 2004, when the victim was on her way to school, Kokare had lured her with a chocolate and sexually assaulted her. A few days earlier, he had made a similar attempt. The victim later went to school, where the teacher noticed bleeding and sent her home.
Later in the day, she told her 17-year-old sister, who lodged a complaint with the police.
A sessions court had sentenced Kokare to 10 years, which he challenged. The high court held that Kokare was guilty of aggravated rape. It, however, noted the casualness with which the school and others treated the incident.
"It appears from evidence, the awareness required to be disseminated was absent in the home of the victim, her neighbourhood, as also her school. The violation on her person was taken in the stride by her siblings, neighbours, as also her teacher," said the judge.
The court reflected on preventive measures required in society and said, "The criminal justice system, which comes at the top of the ladder of society and which comes into play much after the offence is committed, can only deal with the punitive effect of such offence, the preventive and protective measures having failed in society."
14.6.11
Times of India
State to pay victims of crime
MUMBAI: Victims of sexual assault and any other form of violence who suffer severe injuries, or their kin in case of fatalities, will no longer have to appeal in court to get monetary compensation. The Maharashtra government is readying a draft victim rehabilitation policy to ensure that those who suffer severe mental trauma and grievous injuries get financial aid from the state.
"The process to assist 'victims of body injuries' has begun. The department is working on the modalities like the content of the policy, the compensation amount and criteria for entitlement," said Pravin Dixit, principal secretary, home department.
On Friday, Dixit chaired a debut meeting at Mantralaya to discuss the nature of the policy for grievously injured victims. The two-hour meeting was attended by senior IPS official Gulabrao Pol, joint secretary of the home department R D Sankhe and officials of the legal department.
The state government's initiative comes following an amendment to Section 357A of the Criminal Procedure Code (CrPC) approved by the government of India. It obliges every state government to prepare a scheme for providing funds to compensate the victim of a crime or his or her dependents.
"A corpus meant exclusively for compensating 'victims of body injuries' was discussed," said a senior official present at the meeting. Victims of rape cases or crimes where a person loses a limb or any part of the body will be covered in the new compensation policy, the official added.
"The policy prepared by the home department will be tabled for approval by the state government's finance, planning, law and judiciary departments. It will then be forwarded to the Union government for its approval and suggestions if any," Dixit said.
According to the policy, immediately after the incident of crime, a victim will be entitled to compensation as the policy is not linked to the outcome of court cases. "Irrespective of whether the accused is convicted or acquitted, the victim will get monetary help as finalized by the government," Dixit said.
If the state government is to be believed, every year 5,000 to 6,000 cases of severe injuries are registered in the state. "The victim will have to make a claim for the compensation. Those who do not claim will not be entitled to financial assistance," a senior Mantralaya official said. "The victim will have to get a medical certificate from doctors (the panel is yet to be decided) and the claim will be verified by the legal aid cell committee."
Still at a nascent stage, the policy will take a while to be fine-tuned. A similar policy is already in place in Punjab, whereby a compensation of Rs 1 lakh is given for loss of life and Rs 40,000 for over 40% damage to a body organ. In cases of rape, the compensation is Rs 30,000 and Rs 20,000 for an injury that causes mental trauma.
Times of India
Court roots for greater awareness on tackling sexual assaults on kids
MUMBAI: The Bombay high court has pitched for greater awareness of the three 'R's--recognise, resist and report--to tackle sexual assaults on children. Justice Roshan Dalvi's observations came while upholding the 10 years rigorous imprisonment awarded to a Raigad resident who had raped a nine-year-old standard III student seven years ago.
"It is when society, as also families, fail to follow these principles that offences of the kind alleged by the prosecution, in this case (rape of a child), take place," said Justice Dalvi. The judge said that while such crimes were universal, in rural areas, sexual abuse of children was left unobserved. "It is, therefore, that the crime persists with regular frequency over the most innocent victims," said the judge.
The judge called the assault on the victim a "gross violation of human rights" and refused to show the accused, Laxman Kokare, leniency. The defence had urged lesser punishment, saying Kokare was the father of two minors. "This would mean that the father of two minor children can sexually molest the minor children of other fathers. It would be scandalous to suggest that such persons who are a menace to innocent minor children can be seen by the court with any amount of leniency," said the judge.
On July 9, 2004, when the victim was on her way to school, Kokare had lured her with a chocolate and sexually assaulted her. A few days earlier, he had made a similar attempt. The victim later went to school, where the teacher noticed bleeding and sent her home.
Later in the day, she told her 17-year-old sister, who lodged a complaint with the police.
A sessions court had sentenced Kokare to 10 years, which he challenged. The high court held that Kokare was guilty of aggravated rape. It, however, noted the casualness with which the school and others treated the incident.
"It appears from evidence, the awareness required to be disseminated was absent in the home of the victim, her neighbourhood, as also her school. The violation on her person was taken in the stride by her siblings, neighbours, as also her teacher," said the judge.
The court reflected on preventive measures required in society and said, "The criminal justice system, which comes at the top of the ladder of society and which comes into play much after the offence is committed, can only deal with the punitive effect of such offence, the preventive and protective measures having failed in society."
14.6.11
Times of India
State to pay victims of crime
MUMBAI: Victims of sexual assault and any other form of violence who suffer severe injuries, or their kin in case of fatalities, will no longer have to appeal in court to get monetary compensation. The Maharashtra government is readying a draft victim rehabilitation policy to ensure that those who suffer severe mental trauma and grievous injuries get financial aid from the state.
"The process to assist 'victims of body injuries' has begun. The department is working on the modalities like the content of the policy, the compensation amount and criteria for entitlement," said Pravin Dixit, principal secretary, home department.
On Friday, Dixit chaired a debut meeting at Mantralaya to discuss the nature of the policy for grievously injured victims. The two-hour meeting was attended by senior IPS official Gulabrao Pol, joint secretary of the home department R D Sankhe and officials of the legal department.
The state government's initiative comes following an amendment to Section 357A of the Criminal Procedure Code (CrPC) approved by the government of India. It obliges every state government to prepare a scheme for providing funds to compensate the victim of a crime or his or her dependents.
"A corpus meant exclusively for compensating 'victims of body injuries' was discussed," said a senior official present at the meeting. Victims of rape cases or crimes where a person loses a limb or any part of the body will be covered in the new compensation policy, the official added.
"The policy prepared by the home department will be tabled for approval by the state government's finance, planning, law and judiciary departments. It will then be forwarded to the Union government for its approval and suggestions if any," Dixit said.
According to the policy, immediately after the incident of crime, a victim will be entitled to compensation as the policy is not linked to the outcome of court cases. "Irrespective of whether the accused is convicted or acquitted, the victim will get monetary help as finalized by the government," Dixit said.
If the state government is to be believed, every year 5,000 to 6,000 cases of severe injuries are registered in the state. "The victim will have to make a claim for the compensation. Those who do not claim will not be entitled to financial assistance," a senior Mantralaya official said. "The victim will have to get a medical certificate from doctors (the panel is yet to be decided) and the claim will be verified by the legal aid cell committee."
Still at a nascent stage, the policy will take a while to be fine-tuned. A similar policy is already in place in Punjab, whereby a compensation of Rs 1 lakh is given for loss of life and Rs 40,000 for over 40% damage to a body organ. In cases of rape, the compensation is Rs 30,000 and Rs 20,000 for an injury that causes mental trauma.
June 13, 2011
11.6.2011
Hindustan Times
Scheme for rape victims by mid-August
Following the finance ministry’s acquiescence, a Centrally-sponsored scheme, not a fund, will be launched in two months time to monetarily compensate victims of rape, a government source told HT. The Centre will finance the scheme for the first year, but for subsequent years it will operate on a shared basis with the states, the source added.
“We have been pursuing this scheme for restorative justice and would like it to be launched at the earliest as now only creation of certain structures at the state and district levels is left. This scheme has been formalised after wide consultations,” women and child development minister Krishna Tirath said.
THE SCHEME
Based on the principles of restorative justice, the proposed scheme seeks to provide the rape victim a helping hand to help cope with the trauma and to tide over immediate and long-term needs.
Money-wise, the immediate and interim amount to be offered would be R70,000, while R1,30,000 would be offered for victim’s long-term needs.
The scheme also envisages setting up of criminal injuries relief and rehabilitation boards at the district, state and central levels for consideration of claims and ensuring effective coordination.
In certain cases, where victim is a minor or physically challenged, the rehabilitation boards will have the jurisdiction to increase the compensation amount to Rs 3 lakh.
THE HURDLE
The proposal had run into a hitch after the Planning Commission suggested that it should be financed from a fund and not operated in the form of a Centrally-sponsored scheme.
NCW’s role
The formulation of the scheme was initiated by the National Commission for Women in 1995 following a SC directive.
Hindustan Times
Scheme for rape victims by mid-August
Following the finance ministry’s acquiescence, a Centrally-sponsored scheme, not a fund, will be launched in two months time to monetarily compensate victims of rape, a government source told HT. The Centre will finance the scheme for the first year, but for subsequent years it will operate on a shared basis with the states, the source added.
“We have been pursuing this scheme for restorative justice and would like it to be launched at the earliest as now only creation of certain structures at the state and district levels is left. This scheme has been formalised after wide consultations,” women and child development minister Krishna Tirath said.
THE SCHEME
Based on the principles of restorative justice, the proposed scheme seeks to provide the rape victim a helping hand to help cope with the trauma and to tide over immediate and long-term needs.
Money-wise, the immediate and interim amount to be offered would be R70,000, while R1,30,000 would be offered for victim’s long-term needs.
The scheme also envisages setting up of criminal injuries relief and rehabilitation boards at the district, state and central levels for consideration of claims and ensuring effective coordination.
In certain cases, where victim is a minor or physically challenged, the rehabilitation boards will have the jurisdiction to increase the compensation amount to Rs 3 lakh.
THE HURDLE
The proposal had run into a hitch after the Planning Commission suggested that it should be financed from a fund and not operated in the form of a Centrally-sponsored scheme.
NCW’s role
The formulation of the scheme was initiated by the National Commission for Women in 1995 following a SC directive.
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