WHY MAKE THIS POOR LAW

Proposal To Make Sex Illegal For Teenagers Up To 18 Years Of Age Flies Against All Logic And Draws Fire From Experts

Anahita Mukherji & Shreya Roy Chowdhury | TNN


Adecade ago,canoodling couples in Bandra,an uptown Mumbai suburb,were rounded up by the police.A few months ago,a Ghaziabad policewoman pounced on young lovers on park benches,pulling the men by their ears and publicly humiliating them.Elsewhere,a group of mothers in Manipur are cracking down on teenage couples in restaurants,threatening them with sticks and videocameras.

While the countrys conservatives have,for long,declared war on adolescent sexuality,the law may be set to follow suit,with a new bill in the Rajya Sabha that criminalizes teenage sex.The Protection of Children from Sexual Offences Bill (2011) had a provision for consensual sexual activity between the ages of 16 and 18,but the caveat has now been dropped from the bill,effectively criminalizing teenage sex.It renders poor an otherwise good legislation.

Deleting the consent clause has created a furore among the countrys child rights activists,feminists and the medical fraternity.Many believe that the new law will not only lead to unnecessary police harassment of young couples,but also high-risk sexual behaviour in the absence of any social support.

Do we want to start punishing young people for premarital sex Do we want them to start wearing chastity belts The authorities have gone overboard in removing the age of consent for those between 16 and 18,especially in a scenario where young people are getting sexually active at an early age.This is stupid and goes against the child, says academic Madhu Kishwar,founder of Manushi,an organization that works for democracy and womens rights.

Meanwhile,the National Commission for the Protection of Child Rights (NCPCR) has taken a consistent view against criminalizing sexual exploration among those between 16 and 18.Penalizing such activities will only add to the confusion.The law can be used against both boys and girls.Anybody,from parents to neighbours,can complain to the authorities,who will,in turn,take action against the youngsters.As a result,something very natural will now become distorted,secretive and unacceptable.This will have consequences for how we organize our society and relations between boys and girls, says Shanta Sinha,chairperson,NCPCR.

The caveat for consensual sex between the ages of 16 and 18 has been dropped despite advice to the contrary from NGOs,advocates and organisations that represent women and children.While we are against the sexual exploitation of children,we have taken a position against criminalizing teenage sex,as those between 16 and 18 are known to explore their sexuality, says Nandita Shah,co-founder of Akshara,an NGO that works for the uplift of women,and was involved in consultations over the drafting of the bill.
Actor Rahul Boses The Foundation,which works towards fighting child sexual abuse,is among the organizations which have written to the government against criminalizing teenage sex.We know of instances where boys between 16 and 18 have been sent to jail for consensual sex with a girl.The new law is highly regressive and will result in an increase in such instances and also make it dangerous to engage in physical relationships.This,in turn,will lead to a rise in risky sexual behaviour.The health risks increase for girls,while boys will be threatened with jail.No gender will benefit, says Suchismita Bose,director,The Foundation.
Activists say theres nothing wrong in mutual consent sex in the age group 16 to 18,provided theres proper sex education and inculcation of awareness about sex-related risks.However,they draw a line when theres sex between,say,a 16 -year-old and a 40-year-old,as the possibility of the younger one being either forced or tricked is high.We need a nuanced law,not a blanket ban, says an activist.

The lack of sex education in schools does little to remedy the situation.While both psychiatrists and sex surveys point to the fact that teenagers are increasingly getting sexually active,and hence there is greater need than ever for sex education,a parliamentary panel headed by BJP leader Venkaiah Naidu had led the charge against the introduction of sex education in schools in 2009.

Doctors believe that the lack of information on sex,coupled with the threat of jail for teenagers indulging in sexual activity,is disastrous as it will make sex not just clandestine but a high-risk activity.Dr S Krishna Kumar,a gynaecologist from Thane,gets three to five cases of teen pregnancy a month,with the girls seeking medical termination of pregnancy.If sex between 16 and 17 year olds is a crime,such cases will be forced to go underground,resulting in an increase in unsafe abortions, says Kumar.

I have handled many teenage pregnancies.Youngsters,many of them under 16,are known to indiscriminately pop Ipills and other emergency contraceptives to prevent conception, says Ahmedabadbased gynaecologist Dr Rajal Thakker.

This bill will not serve any purpose.Age of sexual contact has gone down remarkably and the adult-child is a reality, says psychiatrist Dr Harish Shetty,president of the Counsellors Association of India.He feels that punitive law of this kind will not stop sexual abuse but only increase corruption.It refutes the changing times and is a denial of the current reality.Taking away the provision of consent puts a heavy price on any attempt at sexual exploration by kids in their lateteens.If a 19-year-old boy has sex with a 17-year-old girl,will you put him away in jail"asks Shetty.Besides,this will lead a spike in honour killings,suicides and parents of one child blackmailing others.While Ahmedabad-based clinical psychologist Dr Pooja Pushkarna describes the governments denial of adolescent sexuality as the ostrich-like approach,Delhi psychiatrist Dr Jitendra Nagpal says this is an over-ambitious attempt on the part of the government to alter behaviour patterns.It could lead to kids using more dangerous ways of experimenting or result in more young people eloping, says Nagpal.Sexual contact typically begins between the ages of 12 and 14 in our metros,he says.With intercourse starting between ages of 15 and 18.With the overwhelming opinion against criminalizing teenage sex,there is still time for a rethink.Although the cabinet has cleared the bill,Parliament should review the proposal and ensure our laws are in tune with the times.


With inputs from Radha Sharma in Ahmedabad and Neha Miglani in Chandigarh



UK MODEL



Age of consent 16

Protects under 16s from abuse Mutually agreed teen sex OK,unless it involves abuse If age gap is,say 16 & 40,law comes down harshly,but gap of 16 & 23 fine

THE LAW IN CANADA



Age of consent: 16 years,raised from 14 years on May 1,2008

Consent age 18 where sexual activity exploits youngster or in a relationship of authority,trust or dependency Sexual activity exploitative based on youngsters age,age gap,how relationship developed Exceptions: A 14 or 15-year-old can consent to sex as long as partner is less than five years older,theres no relationship of trust,authority or dependency If partner is 5 years or older than 14 or-15-year-old,sexual activity is criminal offence unless theyre married to each other

THE US STORY



Age of consent in the 50 states and DC range between 16 and 18

At age prescribed one can have sex with whomever they wish as long as the person is consenting and are same age or older Many states have age-gap provisions that legalize teen sexuality as long as they are within a certain age range In all states,dating,hugging,holding hands,kissing not illegal In some states,fondling,groping through clothes illegal

27/4/12 
DNA

Sex with minors to be treated as rape

The Union cabinet on Thursday approved the Protection of Children from Sexual Offences Bill, which will address sexual offences, sexual harassment and assault on children under 18 years of age.
According to the new law, having sex with persons below 18 years of age will be deemed as “rape”, irrespective of “consent or no consent”. The amendments to the law were suggested by the parliamentary standing committee which scrutinized the bill.

“In the original bill, the provision was not to treat consensual actions by and against children between the age group of 16 to 18 as crime,” a cabinet source said.

The parliamentary committee had expressed the view that once the age of the child had been specified as up to 18 years in the Bill, the element of consent should be treated as irrelevant up to this age and suggested that provisions related to age of consent should be deleted.

Section 375 of the IPC will now read as: “Rape will be committed with or without consent when the girl is under 16 years of age.” The proposed law also aims to protect children from offences, including sexual assault, sexual harassment and pornography.

Another amendment to the Bill was approved after which the responsibility to create awareness about the law would be vested in both the central and state governments, officials said.

The Cabinet, meanwhile, referred the Protection of Women Against Sexual Harassment at Workplace Bill, 2010, to a group of ministers as the women and child development ministry had proposed several amendments to it.— —With agency inputs

26.4.12 

Sexual offences against those under 18 may attract life term 

 Himanshi Dhawan TNN New Delhi:

The Union Cabinet is likely to discuss on Thursday a bill that will make sexual intercourse or ‘contact with sexual intent’ with a child— a person below 18— illegal. The sexual offences against children bill proposes tough penal provisions ranging from three years in jail to life term for a person convicted of sexual harassment, sexual assault, penetrative sexual assault or aggravated penetrative sexual assault. It also seeks to include sexual abuse of male children while bringing trafficking and using kids for pornography under the ambit of the new law. It is for the first time that a legislation will be brought to tackle offences specifically against children that are not dealt with under the existing laws.

The bill has dropped the ‘age of consent’ (16-18 years) clause following a recommendation by a House panel which argued that under existing laws like the Indian Penal Code and the Prohibition of Child Marriage Act, a person below 18 is considered a minor and there should be uniformity in laws. Housemaids included in harassment bill The Cabinet will also consider a bill aimed at cracking down on sexual harassment of women at workplace. Domestic helps will be included in it for the first time.

The bill makes it mandatory for workplaces, including homes, to set up an internal panel to redress complaints. P 12 Sex abuse of kids up, convictions down New Delhi: The sexual offences against children bill, which makes sexual assault against a person under 18 punishable with up to life term, has been mooted by the ministry of women and child development (WCD). According to the National Crime Records Bureau data, sexual offences against children, including rape, procuring of minor girls and buying and selling of girls for prostitution, shot up from 2,265 in 2004 to 5,694 in 2009. Out of 20,890 reported cases of rape in 2009, nearly 24% were against children.

 A worrisome trend was that 11% of these cases were against kids below 14 and 3% against children under 10 years WCD officials said the conviction rate of rape cases had come down to 30.7% in 2009 from 38.7% in 2001, indicating that children were targeted as they were unable to testify convincingly against the accused. A study on child abuse by the WCD ministry found that more than 53% children had faced one or more forms of sexual abuse. More shocking, 50% of the abusers were reported to be known to the child or were people who were in a position of trust or responsibility with respect to the child. Times View:Raising of the age of consent for sex from 16 to 18 must be seen as a step back, not a forward movement. At a time when the puberty is known to be setting in much earlier than in the past and when social mores are getting easier about sexuality, this looks like an attempt to roll the clock back.

This is clearly not going to prevent young adults from exploring their sexuality. All it will do is to provide scope for undue harassment of teenagers indulging in consensual sex. If we are serious about emotionally and otherwise protecting our adolescents, the way to go is more sex education and counselling, not trying to make the act itself illegal.

Betrayed by the protector

In an era where bad news has become a daily staple and the severity of crimes against people reaches new lows every day, the recent report of a father raping his own daughter for over a year is exceptionally disgusting and repulsive. What does it say about our plunging moral ecosystem?

One of the worst crimes that can be committed is that where one exploits a person who one is expected to protect otherwise. A father's relationship with his daughter is fiduciary, i.e. one of trust. He is not just a financial provider to her, but is also her greatest source of protection in a dangerous world. She is his baby, whatever her physical age. When the protector turns defiler, can there be a crime worse than that?

In this situation, it's not just a sex crime that's being perpetrated. The real crime in this situation is the betrayal of that trust. Having been violated by her own father, the girl (who incidentally is a minor) has perhaps lost the ability to strike any healthy relationships during the course of her life. Her ability to think and believe in the inherent goodness of mankind has perhaps been tarnished forever.

Two issues require serious deliberation here. The first issue is more generic about society. Why does a rape victim have to face continuing (even lifelong) trauma? Why is she believed to have invited the calamity on herself when, in a free country, everyone is entitled to lead a life of one's choice? Why does the social taboo of 'being raped' multiply the troubles of a victim, never the perpetrator? Why is society callous towards the victim, and continues to berate her? Why is she not allowed to lead a normal life even after the crime, without anyone making snide remarks about her 'character'?

These questions say a lot about our society and its misguided beliefs, but never elicit a sensitive hearing from our political leaders, opinion-leaders, family-members and other stakeholders (other than some well-calibrated lip-service).

The second issue relates to the role of the girl's mother. It's not as if a crime of this brutality was committed in a moment of madness. This girl was abused several times by her father for over a year, and all this while, the mother kept quiet. She attributes her reticence to the fear of the family name being tarnished in an unforgiving society. It's not as if we are talking about an eminent family of the country, but just common people who are guaranteed anonymity anyway in a fast-paced city. She also feared being beaten up by her husband if she intervened to protect the child. However, her financial and emotional dependence on her husband cannot mitigate her role in the crime, one of omission rather than commission, but equally grave.

Can we move on to a world where girls are respected, nurtured and loved, rather than brutalized by their own parents?

--Shaina N C

Child Sexual Abuse Awareness Month

Create an understanding and open environment to help the child talk about the sexual abuse:
when children finally do talk about abuse,its very important to handle it carefully.
Rules in handling disclosure:
keep calm
believe the child
listen to the child
Answer the child's question honestly
Respect the child's privacy by not telling other people
Give positive messages:"I know you could not help",'Its not your fault',"I am with you" or "I am proud of you for telling".
Get professional help from counselors,doctors after taking the child into confidence.
Arrange a medical examination if necessary.

28.3.12

DNA

Bloggers to lay bare sex abuse stories

Maya Singh suffered in silence for years before she picked up the courage to tell her mother that an older cousin had been touching her inappropriately. “She reacted in exactly the way I had feared she would. At first, she was shocked, then she went into denial, and when I persisted, she simply asked me to keep out of his way and not say a word to anyone,” recalls Singh, who finally confronted her abuser. “He backed off only when I threatened to tell his wife. I was bluffing, but it worked,” says the now 42-year-old school teacher.

Several such stories will soon be shared on an online forum that will have more than 70 bloggers from across the country addressing the issue of child sexual abuse. The participants will include anonymous survivors of child abuse, activists and concerned parents. The group is observing April as child sexual abuse awareness (CSAA) month in cyber space in the hope that more and more people will be vigilant and will keep their children safe.

In a country where more than half the children, irrespective of gender, face sexual abuse in some form or the other, perpetrators get away with it more often than notonly because most parents refuse to take action. “There is a crying need to address the issue, create awareness and positive action, and at the same time, give survivors a platform to share their stories,” says equal rights activist Harish Iyer, who is a child sexual abuse survivor himself.

April was designated as CSAA month in cyber space last year after Mumbai-based author and social activist Kiran Manral got into a discussion with fellow blogger and Bangalore resident Monika Manchanda. The duo realised that though a common problem in Indian homes, stories of child sexual abuse are taboo and are never shared.

After they started talking to friends and other bloggers, a lot of people started opening up their hearts and were willing to participate in spreading the message.
The initiative generated enough attention in the virtual world last year to encourage the organisers to make a comeback in 2012.

“Through this concerted effort, we hope to bring child sexual abuse out of the closet and teach parents how to educate their children about predators, prevent their kids from being abused and know how to deal with such a situation should it occur,” says Manral.

22.2.12

Times of India

Many kidnapping cases in Mumbai involve eloping with minor girls


MUMBAI: While around 150 kidnapping cases were registered across Mumbai during each of the past three years, police officials said a large number of the cases pertained to elopement. Statistics accessed under the Right to Information (RTI) Act from 85 of the city's 93 police stations show that 136 kidnapping cases were registered in 2009, 169 in 2010 and 159 in 2011.

"In cases where the victim is an underage girl, her consent would be immaterial and the man would be booked for kidnapping," said joint commissioner of police Himanshu Roy. "Although a large number of the cases we receive pertain to elopement, we treat each of them with seriousness."

However, in such circumstances, lawyers said that for the charge of kidnapping to be framed, an important condition needs to be met -- 'enticement'. "If a boy promises to marry a girl and then elopes with her, that would amount to enticement," said criminal lawyer M A Khan. He added that if the girl is underage and elopes with a boy after being enticed, and they subsequently have a physical relationship, the boy would be also booked for rape.

Earlier this year, a 30-year-old woman from Dindoshi, who had eloped with a distant relative six years ago and married him, was rescued by the Mumbai police from Madhya Pradesh, where her husband had tortured and abandoned her. The husband, Ajay Chauhan, and his girlfriend, Kusum, were arrested from Gurgaon where they had taken the victim's two-year-old son.

"Due to the shame associated with such circumstances, the victim could prefer to live a hand-to-mouth existence than return to her parents' place, as was observed in the Dindoshi case," pointed out an activist. "Chauhan couldn't be slapped with bigamy charges despite his having abandoned his wife and living with another woman, as he had not officially tied the knot the second time."

Sociologists also said that, earlier, families would be wary of reporting a missing girl to the police, afraid that word would spread in society and disrepute would be brought to the household. But now there are a lot of parents who are willing to report such cases to the cops.

Nandita Shah, co-director of NGO Akshara, spoke of trends she has been noticing. "More and more girls and boys are taking an independent stand on their marriages, while parents are not yet ready for this. Secondly, the age at which youngsters are getting into a relationship is falling, so a lot of these cases get registered with the police as kidnapping."

Rape cases against women on the rise in Mumbai

MUMBAI: The city police are increasingly charging women with rape in cases where they are suspected of either being an accomplice or abettor to the actual act. A common instance is one in which a woman faces rape charges because she trafficked a minor victim for prostitution purposes.

Data accessed through a Right to Information (RTI) query reveals that women were charged with rape in Mumbai in five cases in 2009. The number grew to 10 cases in 2010 and 12 in 2011. The data was obtained from 85 of the city's 93 police stations.
"Women were not the principal accused in cases where they were charged with rape. They were accomplices," said joint commissioner of police Himanshu Roy. "In trafficking cases, people who are accessories to the crime are charged with rape. For instance, women who push minors into the flesh trade can be booked for rape. In such cases, the minor's consent is immaterial."

While a man can be charged under only Section 376 of the Indian Penal Code for rape, a woman has to be charged under Section 376 and additional sections, like Section 108 (abetment) or 34 (common intention). Criminal lawyer M A Khan explained, "Section 375 of the Indian Penal Code clearly states that rape is an offence committed by a 'man' against a woman's will and without her consent. So, ordinarily, a woman can't be charged with rape only under this provision. If she has to be booked, then additional charges, such as abetment, will also have to be applied."
Besides trafficking, lawyers cited other instances in which women faced rape charges. "There was one case in which the woman was unable to conceive. So she helped her husband to rape another girl," said criminal advocate Kshitij Mehta. "There are also people suffering from psychological abnormalities, such as those who like to watch rape. They would be booked as abettors, too."

Social worker and academician Farida Lambay said, "While most cases pertain to trafficking, there are some hidden cases of child prostitution (in which the victim wasn't trafficked). Rape charges being applied against women are not unheard of. The larger picture is that there are still many more instances of women being raped. In some instances of marital discord, men use such clauses against women too."
Vijay Raghavan, associate professor at the Centre for Criminology and Justice at the Tata Institute of Social Sciences, said increased impoverishment in rural areas is driving women to believe promises of jobs and a better life in the city. Like Lambay, he too acknowledged that most rape cases against women were those involving trafficking and being an accomplice or abettor. "But I must state that trafficking has also changed over time, it is no longer concentrated around brothels. It has taken different forms, making it very difficult to carry out a genuine rescue operation," he added.

RTI activist Chetan Kothari, who accessed the data, said the cases reflect a deeper societal problem, that of women abetting crimes against other women. "Also, these cases are just the tip of the iceberg, because not many women register their grievances," he said.

27.2.12

Times of India

Once safe, schools fall prey to violence


MUMBAI: Schools have always had an aura of safety about them. They were the "second homes" where children could spend hours every day without parents having to worry. That, unfortunately, may no longer be true. Recent cases of ragging as well as physical and sexual abuse in schools, combined with strong murmurs of drug peddling around campuses, have shaken parent's belief in schools' secureness.

In June 2010, a 32-year-old teacher in a Kalamboli school, Firoze Ibrahim, was arrested after he forced a seven year-old female student into an empty room during lunch break and raped her. The incident came to light in the afternoon when the girl told her parents, who informed the police. A few days later, a group of parents protested outside the school for keeping them in the dark about the incident.

"Most schools do not exactly know how to deal with a child sexual abuse case. Many counselors too feel ill equipped to work with such issues since their Master's programme does not address trauma work," said social psychologist Chandni Parekh, who conducts workshops on sexual abuse and sexuality education in schools. "Several schools are unaware of the NGOs that work on the issue of child sexual abuse in the city or of the psychologists in Mumbai who have started an intensive study circle to specialize in trauma healing."

Parekh said that many times female students have reported instances of abuse to her. "At the end of a session, about five girls from class VIII came to me and said their music teacher had been touching some of them inappropriately. They suspected the touching could be more frequent with younger girls and done under the pretext of straightening their uniforms. I discussed the issue with the head of the school who found it hard to believe. The management confronted the music teacher and, because he offered to quit, felt he might be innocent," Parekh said.

Ajit Pandey, father of a 13-year-old girl studying in a suburban school, said: "There are times when I see strangers eyeing my daughter and I worry that even though she can take care of herself, in and around the school she is alone. Who knows what will happen to her? We also hear of cases of sexual abuse by school teachers. We don't know whom to trust anymore."

Police officers suggested that schools should employ enough female security personnel apart from male guards. "They should make rounds of desolate corridors and keep a lookout near the school entrance to prevent female s t u d e n t s getting harassed or accosted by strangers," an officer said.

Another danger lurking found outside school premises is drugs. In October 2010, TOI had reported on a circular sent by a Malad school, in which it cautioned students not to accept candies from strangers. The candy, called 'Strawberry Quick', had methamphetamine (also known as meth) in it.

"Though we have not received any complaints of drug-peddling near schools as yet, our officers conduct regular lectures for students, where slide shows and documentaries on the dangers of drug abuse are shown. We also try to explain to kids how the drug trade affects the nation," said senior inspector Girish Koyande of the police's anti-narcotics cell (ANC).

Cops said several kids, who do not study the entire year, are under the false impression that using drugs during exam time will boost concentration. "We have actually found collegians who did this. We did not book them though because it would have affected their careers," an official said. To spread the dragnet wide, ANC officers have been approaching school managements and students for information on drug sale and peddlers.

Another issue troubling many parents is ragging. Once confined to colleges, the scourge is becoming commonplace in schools too. After a class IX student of a reputed south Mumbai school was hospitalized due to a prank gone wrong in September 2011, the ICSE Board began working towards setting up anti-ragging squads in schools and inviting police officers to give lectures to students. Soon after the student had taken a sip of water from his bottle, he complained of severe pain in his throat. During an endoscopy, the doctors found a softboard pin lodged in the boy's intestine. The pin had been dropped in the water bottle by a classmate.

Expertspeak:

Most children who get involved in crime are emotionally disturbed and have no outlet to vent their frustrations: parents are busy, friends might be ignoring them. Instead of restricting media exposure, parents should put in place a monitoring system at home. Usually these days, parents are working, and with no family member around it is easier for children to get exposed to disturbing facts and ideas - Seema Hingorrany | PSYCHIATRIST



The management of every school and college should provide the police with the details of their temporary employees. Also, since it may not be possible for them to verify the antecedents of every employee, they should approach the police if they find an employee behaving suspiciously. In our zone, we have provided educational institutes with the phone numbers of our beat chowky staff - Pratap Dighavkar | DEPUTY COMMISSIONER OF POLICE, ZONE IX



Schools alone cannot be held responsible for children's acts. If a child is aggressive, it could be because of the atmosphere at home or because of peer pressure. Or it could be the parents' fault. Parents and schools should be held equally responsible for a child, but not necessarily in legal terms. Schools can reach out to students by holding counselling sessions. They can ask experts to hold talks on the right behaviour - Lata Nair | VP, PTA FORUM

Students need to be counselled on the ill effects of drug abuse early on. It has to be a preventive measure, not a curative one. Class VII or VIII is the right time to counsel students against drug use. Parents should keep track of their kids, the company they keep, and what they do in their leisure time. Parents need to be alert. For their part, schools should conduct workshops for students and parents - Jyotsana Roberts | PRINCIPAL, OXFORD PUBLIC SCHOOL

30.1.12

Times of India

Ban 2-finger test on rape victims: Panel

NEW DELHI: In a move aimed to protect victims of sexual abuse from further mental trauma, a high powered government committee has recommended abolishing the "two finger test" for determining rape or sexual assault.

Rape survivors are routinely subjected to forensic examination that include the "finger" test. Social activists have for long been demanding a ban on the "archaic and outdated" practice. They termed the test "unscientific and degrading".

In a bid to protect child victims of sexual abuse, the committee also suggests that such victims should not be made to give statements repeatedly to the police, magistrate, court etc, arguing that these procedures further heightened the trauma for victims of sexual abuse.

As children are often not able to describe the exact nature of sexual abuse, the panel said the law should allow expert witnesses like child psychologists and doctors to depose on their behalf about the abuse suffered by them.

"The Code of Criminal Procedure Code will need to be reviewed to make the procedures more women and child friendly. The two finger test should be abolished," Planning Commission's working group headed by secretary, women and child development ministry, said.

It was argued that the law should be amended to provide for immediate medical attention and counseling for victims of sexual abuse, particularly children, to deal with the trauma. The group wanted existing provisions of IPC to be reviewed with regard to the definition of 'rape' as it did not address certain crimes that have been or are being increasingly committed against women and children.

The concerns raised regarding the definition for sexual harassment (commonly known as eve-teasing) in Section 509 of the IPC and changes in language may be necessary, it said, arguing that stalking is another offence against women which is not recognized as a specific offence in the IPC. "This needs to be looked into as the victim of stalking is repeatedly and over a period of time harassed in a variety of ways," the group said.

The panel noted that according to the National Family Health Survey, one-third of women aged 15 to 49 had experienced physical violence, and approximately one in 10 had been a victim of sexual violence.

A study of data from the National Crime Records Bureau (NCRB) shows that the number of crimes against women increased by 29.6% between 2006 and 2010. These numbers have to be viewed keeping in mind that not all crimes against women are reported and the actual numbers may give even greater cause for concern.

The group found low conviction rates more disturbing as this reflected that many of these cases were not being prosecuted properly and inadequate proof was tendered before the courts. In 2010, there were 22,171 reported cases of rape and conviction rate was mere 26.6%. Around 40,613 molestation cases were reported in which the conviction rate 29.7% and 9,961 harassment cases were reported with conviction rate of 52%.

20.1.12

Times of India

Government plans to make rape law gender neutral

(The government has proposed that the offence of rape be made “gender neutral” by amending the law so that sexual assault on men can also be proceeded against under the same statute.)

NEW DELHI: The government has proposed that the offence of rape be made "gender neutral" by amending the law so that sexual assault on men can also be proceeded against under the same statute. It also plans to make specific laws on stalking and acid attacks on women.
The change in the rape law is being drafted by the ministry of women and child development (WCD) as part of the criminal law (amendment) bill, 2011. The bill will replace the word `rape' with sexual assault, and also propose suitable amendments to make the law gender neutral.

The bill can prove to be path-breaking as sodomy is punishable under Section 377 of the penal code. The section was struck down by the Delhi High Court in 2009 while dealing with a petition filed by an NGO fighting for gay rights, but the court also held that non-consensual sexual acts remain an offence.

The amendments come in the light of increasing number of sexual crimes reported against women as well as men. The National Crime Records Bureau recorded an increase of 4.8% of crime against women, with 2.13 lakh cases reported in 2010.
The ministry has recommended that a new Section 326A (hurt by acid attack) and Section 326B (attempt to throw or administer acid) that deals with offenders who burn or disables a person or causes grievous hurt be made punishable with imprisonment of 10 years, extendable to life term and a fine up to Rs 10 lakh. Similarly, attempt to throw acid can attract imprisonment of five-seven years.
These amendments are likely to be widely welcomed given the incidence of women being targeted by acid attacks by persons whose advances have been rejected. Courts have often expressed anguish over the brutal and vengeful nature of the crime and called for exemplary punishment for offenders.

Fines collected shall be given to victims of acid attacks. The provision is expected to compensate the victim for mental and physical trauma as well as medical expenses. It is felt that such measures can augment state assistance.

Amendments have been proposed to IPC sections to replace the word `rape' with `sexual assault'. The bill also proposes to introduce a new Section 509B in the penal code to make stalking punishable with maximum imprisonment of seven years. Stalking will include following a woman repeatedly, contacting her through phone, mail or any other form of communication or loitering or watching the place where she works or lives.

The ministry is planning significant changes in Section 375 dealing with sexual intercourse between husband and wife. The current provision says the age of the wife should not be below 15 years. It has been recommended that this be increased to 16 years. The legal age of marriage is 18, but courts have dealt with "age of consent" in cases where a man is accused of statutory rape. The conflict arises when the girl has consented, although below marriageable age, but her relatives have filed charges of rape.

The bill also provides for higher penalties for molestation, increasing punishment from one to three years in jail and a fine of at least Rs 1,000 for ``outraging the modesty of a woman". The ministry has recommended retaining Section 377 of the IPC since the HC judgment for decriminalizing same gender sexual intercourse has been challenged in the Supreme Court.

Other provisions include stressing that evidence not take into account character and previous sexual experience of a person with the issue of consent or quality of consent. If recommendations are accepted it will mean a victim cannot be allowed to be cross-examined in case of sexual offence nor will s/he be confronted with the accused.
The changes are part of a proposal moved by the ministry of home affairs to amend the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act on provisions pertaining to sexual assault. A high-power committee that included representatives' from home, women and child development and law ministries and National Commission for Women (NCW) examined the amendments.
The draft Cabinet note was circulated to ministries for their comments in December, and put before the Union Cabinet for its approval.

TIMES VIEW The proposal to widen the definition of rape to make it gender neutral is welcome. It serves to bridge a long-felt gap in the statute books which made it difficult to deal with sexual abuse, in particular, of young boys. We also hope that the government and lawmakers will realize that this is not the only law that's out-dated. It's time for a comprehensive review of all laws to weed out those which are obsolete, update those which need to be brought in sync with the times and introduce fresh ones that changing technology and societal norms make necessary.

11.1.12

DNA

Rapes up in Mumbai, but there’s no word on molestation

The long arm of the law doesn’t appear to strike much fear in the hearts of criminals anymore. Numbers prove so.

As per the recent statistics of crime in the city, released by the police on Tuesday, registered rape cases rose by 27 last year as compared to the 192 in 2010.

Of the 219 rape cases registered in 2011, 139 involve minors. The accused, a majority of which were parents, relatives, friends, acquaintances neighbours, were known to 206 victims. In total, the accused were apprehended or identified in 209 cases.

What are missing from the police’s statistics, though, are the figures for molestation cases.

In 2011, 597 women were rescued from brothels in a number of raids held by the local police and the social service branch. During the rescue operations, 302 accused were arrested for trafficking of women and 131 cases lodged thereafter.

“Security is a priority but people must become responsible,” said Himanshu Roy, joint commissioner of police, crime.

Commissioner of police Arup Patnaik assured that there will be zero tolerance to crime against women, “The security of women in the city is our top priority.”

Although the police were quiet about the cases of molestation, Patnaik said the zonal deputy commissioners of police have been asked to take each case of molestation and eve-teasing seriously. “There are special teams that have been set up in the suburbs to deal with these problems,” he added.

11.1.12

Times of India

2011 saw an increase of rape in Mumbai


An analysis of rape offences registered by the Mumbai Police last year has shown that in 94 % cases the perpetrators were known to the victim. There has been an increase in rape cases registered , from 192 cases in 2010 to 219 cases in 2011.

But, overall crime decreased by 4% in the city.

Senior officials said the fact that only 5% cases were committed by strangers last year showed that the city's streets were not as mean.


"Of the 219 cases of rape registered last year, six were committed by parents (mostly victim's father ) or close family members, nine by relatives, 26 by neighbours, 65 by men making false promises of marriage and 100 by known persons," joint commissioner (crime ) Himanshu Roy said. "Only 13 cases involved complete strangers."

The Amboli molestation case, where Keenan Santos and Reuben Fernandez were murdered when they tried to protect their female friends from harassment in October last year, drew strong reactions from across the globe. Police commissioner Arup Patnaik said the safety of women was their top priority and was taken very seriously. "A special squad to curb eve-teasing was started in the west region following the Amboli incident, and they have made hundreds of detentions," he added.

Women's rights activists pointed out that targeting young women in public places has drastically increased. "When penal action isn't taken against a criminal, it only emboldens him. Take the case of a 14-year-old from Borivli who was abducted and raped for 34 days by two men before she was rescued in mid-November last year. Two days before she was kidnapped, the girl had lodged a complaint with the police, alleging molestation by the duo. But instead of taking strict action, the police booked the two men under lighter, non-cognizable sections and let them off with a warning," said Sonya Gill of the All India Democratic Women's Organization.

Nandita Gandhi, co-director of the NGO Akshara, said, "If the population is high in a place, such as in buses, the danger of sexual harassment or violence goes up. This holds true even if the population is totally sparse." Akshara had conducted a survey among college girls, who had reported a high degree of harassment.

31.12.11

DNA

Penetration must for rape conviction: Bombay HC

A man can be convicted for rape only if there is penetration, the Bombay high court observed on Friday as it set aside the sentence of a 37-year-old who was charged with raping the daughter of his stepsister in May 2006.

Satish Shinde, who was arrested in December 2006, will now walk free from prison after having served five-and-a-half years of his seven-year rigorous imprisonment, handed out to him by a sessions court on November 26, 2007.

Shinde had approached the HC challenging the order of the sessions court.

The prosecution told the HC that the girl, who lives in Korphale village in Solapur, was slapped by her mother on May 2, 2006. The upset girl called up Shinde, her mother’s stepbrother, who said he would pick her up from a bus stop junction and drop her to her maternal uncle’s house in Dhorle. The prosecution alleged that Shinde raped her on the way.

Ujwal Agandsurve, Shinde’s advocate, argued that the girl’s evidence was unreliable. The medical evidence showed there was no penetration at all. Also, the chemical analyser’s report showed that no traces of semen were found on the clothes which the girl wore on that day.

Agandsurve pointed out to the court that the girl’s uncle was not examined. Also, the aunt turned hostile and did not support the prosecution before the trial court.

Acquitting Shinde, the court observed: “As such, there are serious doubts about the genuineness of the prosecution’s case. It is highly risky to rely upon the evidence of the girl in view of the other evidence brought on record

31.12.11

DNA

Provocative dress invites rape, says AP police chief

In a mind-your-attire-like statement, the police chief of Andhra Pradesh has attributed the increase in crime against women to the dress they wear.

Claiming that the modern women are more vulnerable to rape, AP’s director general of police V Dinesh Reddy said provocative dress of women was one of the reasons for the incidence of rape, and police have no control over that.

Reddy was responding to a set of queries raised by the media on the rise in number of rape cases in the state during 2011.

Andhra Pradesh reported 1,291 rape cases till November this year against1,228 during the corresponding period last year and 1,147 in 2009.

Reddy also referred to his experience in his own village in coastal Nellore district where, he said, women wore dresses that covered their entire body.

“Now, wealth has increased, corporate styles have seeped into the villages bringing in liquor and other cosmopolitan cultures. These modern women are more vulnerable to rapes,” he said.

According to him, the police have little role to play in the unfolding of unfortunate events when the women wear provocative dresses.

The number of rapes and murders in Andhra Pradesh rose significantly during 2011. There were about 2,522 murders reported till November 2011 as against 2,465 in 2010 and 2,381 in 2009.

While addressing both the issues together, Reddy said two major crimes were linked to social factors and the police were not to blame.

When questioned what solution he would suggest to bring down the incidence of rapes, Reddy said, “We will cross the bridge when we reach there.”

The DGP’s comments kicked up a row in the statewith women’s groups condemning the way the police chief was trying to wash his hands off.

In Delhi, Union home minister PChidambaram dismissed Reddy’s assertion, stating people were entitled to dress the way he or she feels and there can be no moral policing on choice of clothes.

“I strongly disagree with that statement. Everyone is entitled to dress the way he or she pleases as long as he or she has regards to the occasion, the place and the context. Obviously, you don’t wear a whole lot of clothes to play football or tennis and you don’t wear swimwear and go to a cocktail party,” Chidambaram said. The home minister said there cannot be any kind of moral policing and “certainly not by a DGP”.

With the comments all set to snowball, the DGP’s office swung into action by way of sending a clarification which, however, did not deny what the DGP had said.

30.12.11

Hindustan Times

Rape, molestation rise in the East

For nearly a month, Rashmi Sethi (name changed), 23, was followed by two men on a bike from her Tilak Nagar home to her college in Chembur, in October.

Initially, Sethi ignored the duo. Soon, they began waiting around her building every morning, waiting for her to leave for college at 7.30 am.
When the two college dropouts got hold of Sethi's mobile number began calling her, she panicked. "I got my college friends to trace them and talk to them. I even got in touch with a local non-government organisation (NGO) for help, she said. "I am new to the city and still figuring out the place. This incident has left me shaken," added Sethi, who was so disturbed by the incident that she even contemplated moving to another locality.

Tilak Nagar, a predominantly residential area in the city's east region, is surrounded by slums and at night its streets are poorly lit and the railway station gets deserted. This year, six cases of molestation of women were registered in Tilak Nagar. Earlier this year, Nehru Nagar, another area in the east region, made headlines when three young girls went missing. Their bodies were later found in different parts of Nehru Nagar. Medical examination confirmed that they had been raped. The police are yet to trace the killer(s).

Till November 30, the 18 police stations in the east region had registered 175 cases of crime against women including rape, with 51 cases, molestation, with 113 and and 11 instances of eve teasing

Police and residents attribute the rising crime in the eastern region, which extends from Chunnabhati to Bhandup, to the sudden growth of slums, migrant population and rehabilitation of project affected people. "Most crimes against women in the region happen in slums or areas near slums. Usually, the offenders are known to the victim," said Sanjay Shintre, deputy commissioner of police, Zone 7. Police said that area such as Nehru Nagar, Mankhurd, Deonar, Chembur, Shivaji Nagar in the east region have worst record for crime against women.

However, local residents feel that the police are not doing enough to bring criminals to book, and are not taking cases of harassment seriously. "Chembur Camp and Nehru Nagar are home to commercial sex workers and former bar girls. Men loiter in these areas late at night. Most streets are poorly lit, making the area potentially unsafe, said Raj Kumar Sharma, a Chembur resident and co-coordinator in the organisation, Action for Good Governance and Networking in India (AGNI).
"The police do not take cases of eve teasing and assault seriously. For them, VIP security remains a priority," said Anagha Sarpotdar, a professor at the Tata Institute of Social Sciences (TISS) in Deonar."

In an effort to curb the rising crime against women in the east region and increase awareness among residents, more than 14 not-for-profit organisations in Zone 6 (Chembur, Govandi, Nehru Nagar, Tilak Nagar, Mankhurd, Trombay, RCF and Chunnabhati) have come together to form the Forum for Women and Girls against Violent Activities. More than 65 volunteers have set up a vigilante committee to help women who have faced sexual assault or harassment register a first information report (FIR) with the police. Forum members meet police officers once a month, to review cases in the area. It also counsels family members

The forum receives about 20 complaints of eve teasing, sexual assault or rape every month.
"At times, the police do not want to register an FIR to avoid investigations, and thus women are turned away," said Sujata Lavande, member, Committee of Resource Organisation (CORO), one of the NGOs part of the forum. "Victims of sexual assault are often hesitant to talk to the police. We counsel them to report the matter at the earliest," she added.

30.12.11

DNA

Sex with girl above 16 does not make it consensual, rules Bombay HC

Merely because the victim of a sexual assault is above 16 does not necessarily imply a consensual intercourse, observed the Bombay high court while upholding the conviction of one Namdeo Gavali in a minor’s rape in 2006.

Upholding Gavali’s conviction, Justice RC Chavanobserved: “Since the victim has stated having resisted the act, she was forced into intercourse by the appellant. Even if the minor victim is above 16, it amounts to rape.” According to the prosecution, the victim was studying in Standard VII, but had possibly given up schooling and started going for some other work.

Public prosecutor Rajshree Gadhvi claimed the girl was acquainted with Gavali, as he would visit the village for fixing television dish antennas. On February 17, 2006 evening, when she was returning home from field work, Gavali called her to the river bank where he raped her, alleged the prosecution. But her protesting cries drew the attention of her parents, who were nearby. Police immediately reached the spot and apprehended Gavali.

However, defence advocate Arfan Sait claimed that the victim was meeting Gavali regularly, despite her parents disapproving of it and asking her to stay away from him. Also, while Gavali’s medical report showed him to be under the influence of liquor on the day of the incident, the victim’s report stated that she suffered no injuries as a result of the intercourse allegedly forced upon her.

In fact, the two doctors who examined the victim, apart from deposing before the trial court the absence of any marks indicating the girl having been subjected to rape, also said she was habituated to intercourse.

When Sait contended that the disapproving parents could have falsely implicated Gavali, justice Chavan observed that the fact that she resisted Gavali implied rape. However, the high court opined that the sessions judge should not have awarded a seven-year jail term and reduced his sentence to a five-year term.

As Gavali, who has been behind bars since his arrest in 2006, has already served over five years in jail, the high court ordered his release.

26.12.11

Hindustan Times

Western region least safe for women

The city’s western region is dotted with swanky and upscale areas such as Bandra, Khar, Santacruz and Oshiwara. So it comes as a shock that it is also the most unsafe region for women in the city, according to an analysis of figures released by the Mumbai police. On December 18,published a news report highlighting that crimes against women in the city had risen substantially in 2011, as compared to last year.

The report, based on statistics from the police, raised a question mark on Mumbai’s ‘safe city’ tag — a myth that was also busted by findings of the HT-Akshara survey, for which 4,225 women across the city were interviewed. The survey, conducted in November, revealed that 95 % women interviewed had been sexually harassed or assaulted. 99% considered sexual harassment to be the foremost personal safety risk in public spaces.

Going a step further, we analysed statistics provided by the police, to see which regions were the least safe for women. According to the results, till November 30, police had registered 47 cases of rape (under Section 376 of the Indian Penal Code), 145 cases of molestation (Section 354) and 66 cases of eve teasing or street sexual violence (Section 509) in the western region – which tops the list.

The city is divided into five regions — north, south, east, west and central – by the police. These five regions are further divided into 13 police zones.
The western region comprises 21 police stations, including Amboli, where two youngsters — Keenan Santos and Reuben Fernandes — were murdered when they objected to some men harassing their women friends.

The northern region, which includes Goregaon, Malad Kandivli, Borivli, Dahisar and the other areas, had the second highest number of cases regarding crime against women. The 15 police stations in the region recorded 43 cases of rape, 114 of molestation and 33 of street sexual violence, till November 30.

In the same time period, the eastern region recorded a total 175 cases of crime against women while the figure in the central region stood at 149.

The south region, which includes Colaba, Cuffe Parade and Malabar Hill, emerged as the least unsafe, with 30 cases of rape, 45 cases of molestation, and 17 relating to street sexual violence being registered.

Since 2010, there has been a 17.54% rise in the number of rape cases, 10% rise in molestation cases and 12% rise in eve teasing cases registered across the city.
Compared to 2010,the sharpest rise in rape cases, was recorded in the eastern region (37.83%). The northern region recorded the highest rise (83%) in the number of molestation cases along with a maximum rise (60%) in eve teasing cases.

29.12.11

Hindustan Times

Molestation, harassment going North


September 19 is etched in Kirti Sharma’s (name changed) memory. The 23-year-old management graduate was trying to find an autorickshaw near her house in Bangur Nagar, to go to Malad railway station, when an unidentified man on a motorcycle attacked her. “I was walking towards the Link Road when suddenly, I felt a pat on my back. I turned around thinking it was a friend, but a biker went past me. Then, I felt a stinging sensation on my back. When I touched my back, I realised I was bleeding, he had slashed my back with a knife,” said Sharma.

Sharma had to get 17 stitches on her back. She went to the Bangur Nagar police station where police recorded her statement, but she hasn’t heard from them since then.

Bangur Nagar, a predominantly residential area, is a part of the city’s north region, which stretches from Goregaon to Dahisar. Bangur Nagar, with 10 cases of molestation of women registered this year, reflects the same trend that much of the north zone has seen – an exponential rise in crimes against women.

This year, the north region recorded the second highest number of crime against women (till December 25) in the city, with a total of 203 (including rape, eve teasing and molestation. The highest was the western region, with 258. The 15 police stations in the north zone registered 44 rape cases, 125 molestation cases, and 34 cases of eve teasing.

What sets this region apart, however, is that it also recorded the highest rise in the number of eve teasing cases (88%) in the city’s five regions as well as in the number of molestation cases, which have increased by 76% .

Local police attribute this to presence of a large number of slum areas in the region, which have recorded the highest number of crime cases. Areas such as Borivli, Kandivli, Samata Nagar, Dahisar, among other residential areas are considered safe. Slum-dominated parts such as Malwani, Charkop, Goregaon (West) and Dindoshi are deemed unsafe.

“In Malwani, which is populated with commercial sex workers and former bar dancers, women are vulnerable. Every month, we hear of cases of kidnapping and sexual violence against women. Daughters of sex workers and former bar dancers are also easy prey for men in this area,” said Prabha Desai, chairperson and director of Sanmitra Trust, a non-governmental organisation that works with former bargirls and sex workers.

However, residential areas such as Bangur Nagar and to a smaller extent, IC Colony, Borivli, have also recorded incidents of eve teasing and molestation. “Bangur Nagar has a very old layout with several lanes and by-lanes which are deserted. Many such lanes are unmonitored,” said Sameer Desai, a local corporator.

Similarly, IC Colony remains largely deserted in the afternoon, attracting anti-social elements. “We have heard of eve teasing incidents near a café in the area. I have also received complaints of girls being harassed near bus stops. These incidents usually happen in the afternoon, when there are not many people around,” said Yvonne D Souza, president, IC Women’s Welfare Association.

Police also said that the north region is densely populated, with a diverse population, making int difficult to maintain law and order. “This region is one of the fastest developing one in the city. There are construction sites, schools, colleges, malls, residential complexes, corporate offices, and slums,” said, Ramrao Pawar, additional commissioner of police, north region.

However, fast-paced development in recent times has increased the activity in the area, making it safer, say some residents. “When I shifted here seven years ago, it was a very quiet area with trees and with not too many people. Now the area has become a real estate hub. I feel its safer with shops and the crowd, even in the night,” said Manali Lele, resident of Borivli, who works as an assistant director in a televison production house.

For instance, Malad’s Mindspace Business Park, which is a hub for call centres, has transformed the area. “When I opened my hotel 1999 near Mindspace there was only a dumping ground. I feel that after Mindspace came up, the area around it has become very safe. Women who work there walk to my restaurant at 11 pm from Mindspace. I also see women standing outside the business park drinking chai from the small vendors or taking a smoke break in the wee hours of the morning,” said Neeraj Jain, a hotelier.