#India – The Gender Terrorists #Vaw


Vol – XLVIII No. 13, March 30, 2013 | Vasundhara Sirnate

  • “Just being a woman is an act of courage”, said the tagline to the 1979 film adaptation of Sylvia Plath’s The Bell Jar. One can modify that somewhat to suit the Indian situation – just being born a woman in India is an act of courage.

Vasundhara Sirnate (vsirnate@berkeley.edu) is a doctoral candidate at the Travers Department of Political Science, University of California, Berkeley.

In 2010 a fellow researcher from Stanford University and I compiled a dataset from the Asian Recorder on insurgent attacks in India which occurred between the years 1955 and 2008. The Reed-Sirnate dataset recorded a total of 10,013 people killed over this period in insurgent attacks1. We also recognised that this was not the complete picture and that we could, with ease, probably double this statistic. This number included security forces, civilians (men, women and children) and insurgents killed in terror attacks across the country where the aggressors were insurgent groups.

Academics from across the world have spent much time compiling statistics recording the number of people killed in caste and communal violence in India. For instance, the Varshney-Wilkinson dataset on post-Partition communal violence reports 7,173 deaths in all riots that took place between 1950 and 1995 (Varshney 2001). Similarly, the number of people killed in caste violence in 2011 was 673 and the number of dalit women raped was 1,557. Since 2006, 3,840 scheduled caste people have been killed in caste violence2.

Now let us look at another set of figures. In 2011 alone, the number of women and girls killed in dowry related cases was 8,618. This number almost rivals the number we got from our insurgency dataset spanning 53 years and beats the number presented in the dataset on communal violence. Further, the number of dowry deaths in 2011 were far more than the total number of people killed in caste violence since 2006. Finally, the number of women (47,022) who died in 2011alone outstripped the combined statistics of all kinds of violent deaths occurring in that year due to insurgency, caste and religious violence.

We are then left with a shocking finding: routine Indian male violence against women resulting in female deaths exceeds those that are caused by other kinds of community-based violence, including caste, communal and insurgent violence.

Now these female deaths in 2011 were not accidental ones. The accidental deaths are recorded in a completely separate section in the National Crime Records Bureau (NCRB) publications. Combining the figures for dowry deaths in 2010 (8,391) and 2011 (8,618) reveals that crimes reported under this section of the Indian Penal Code alone far exceeds the the number of other violent crimes in society. We are looking at 17,009 women killed in two years for not providing a sufficient dowry in spite of several laws that legislate precisely against this practice.

According to the NCRB, a total of 24,596 housewives committed suicide by various means in 2011. This partial figure (some data is missing from the NCRB) shows that the majority of female suicide cases were women/housewives aged 15 to 29 years. The fact that younger housewives are more likely to kill themselves makes perfect sense given the harassment and bullying they face in their marital homes.

Table 1: How women and girls died in India in 2011

Dowry Deaths 8618
Murder/homicide : Ages 0-10 362
Murder/homicide: Ages 10-15 128
Murder/homicide : Ages 15-18 228
Suicide: Ages 0-14 1461
Suicide: Ages 15-29 21410
Suicide: Ages 30-44 14815
Suicide: Ages 44- and above 0 data missing
All India Total 47022

Source: Crime in India, 2011, National Crime Records Bureau.

Table 2: How Indian women were routinely terrorised in 2011

Rape 24206
Kidnapping and abduction 35565
Molestation 42968
Sexual Harassment 8570
Cruelty by husbands and relatives 99135
Importation of girls 80
All India Total 210524

Source: Crime in India, 2011, National Crime Records Bureau.

Random homicidal killing of women is not that common. What we see is the targeted killing of women and abetment to suicide through harassment within the confines of the family structure. Again, this is only a fraction of the actual number of crimes against women since most cases of sexual violence, partner violence, domestic abuse and harassment go largely unreported because women are scared or ashamed, or both, to report them. Indian women know that they are fighting a losing battle since going to the state for redressal of grievances seldom results in actual justice for them.

A few years ago the NCRB reported that there had been a 700 per cent increase in cases of everyday rape since 1971. In the NCRB’s 2011 report 24,206 cases of rape in India were reported. Out of these 93.8 per cent resulted in a chargesheet with a pathetic conviction rate of 26.4 per cent. There were 42,968 cases of reported molestation (27 per cent conviction rate), 99,136 cases of cruelty by husbands and relatives (20.2 per cent conviction rate) and 35,565 cases of kidnapping and abduction of women and girls.

Our child sex-ratio stands at 914 girls per 1000 men, with the ratio in the states of Punjab and Haryana being the worst. An estimated 20 million females are missing in India since 1950 because of practices that include abortion, or killing a girl at birth.

What is Gender Terrorism?

The largest chunk of people in India permanently living in a ‘state of exception’ are not always persecuted minority groups living in communally tense areas or people in insurgency affected areas. The people living under a constant regime of terror are the 58,64,69,174 Indian women (more than the total population of the United States). And there is a clear group of aggressors in this equation – Indian males and the women who aid and abet them. I call these individuals gender terrorists. By using the vocabulary of terrorism, I hope to draw attention to these patterns of violence against women as an internal security problem.

Indian women live in a continuous, terrorised ‘state of exception’ each and every day, where their legal rights, equality and human rights are suspended as a matter of course. Laws, codes and norms that are imposed on women by long-standing traditions have no relevance to life in the contemporary world, yet they endure because they are designed to keep them in check. Judgments on rape have used the problematic phrase of a victim being “habituated to sex”3, which means that women who have had sexual intercourse before cannot be raped. The perverted morality of our sociological conditioning preaches that ‘good’ girls do not get attacked, raped or harassed. And if our religious leaders are to be believed, some ethereal deity if prayed to can stop a woman from being gang-raped. All violence happens to ‘loose girls’ and many, including some women, believe that they either put themselves at risk knowingly, or they ‘had it coming’.

There is a tendency to treat gender violence as a law and order problem, and as incidents that occur at random. In fact, statistics clearly point to patterns of violence, and clearly identify the likelihood of who can be a perpetrator. Treating incidents of gender terrorism as random acts of crazy or disturbed individuals is misguided because it misses the crucial point that gender terrorism is organised, structured and systematic. That it is backed by the state when it chooses not to act on behalf of women, by extra-legal organisations like the khap panchayats, by patriarchal families, by school systems and by individual men and sadly, also many women.

That Indian women are the terrorised gender is well known. However, if there is a terrorised group, it stands to reason that someone must be terrorising them. We can clearly say that many Indian men terrorise Indian women in some form or the other.

Terrorism in the security studies literature refers specifically to some kind of violent action taken by an armed group that has a perceived grievance against the structures of power that exist. It deals with ideologically motivated killing of innocent people. Terrorism implies organised, or even a collection of individual acts directed against one community, territory or a group of people. It implies an ideology and a manifesto, and justifies why violence should be used.

Traditional definitions of terrorism cannot be fully applied to the concept of gender terrorism. Hence, I make a distinction between a political terrorist and a social terrorist. Political terrorism incorporates and encourages gender terrorism. A political terrorist typically attacks institutions of power as he has a bone to pick with those power structures. However, part of being a terrorist is to gain legitimacy through forced compliance. This a terrorist does bybeing a social terrorist as well. Think about the Taliban imposing moral and dress codes on society, and Punjabi and Kashmiri extremists imposing dress codes on women. Interestingly, political terrorists often start their local campaigns by policing what women can and cannot do and how they can and cannot dress. The reason why Taliban style political terrorism works is because the followed ideology is not just political, it also encourages a private individual’s capacity to use violence against a woman he knows or sees.

The manner in which gender terrorism as social terrorism routinely operates is not very different from political terrorism. The only thing absent is grievance against a power structure. If anything, gender terrorism is more like terrorism by the mighty and their handmaidens.

Gender terrorists are men (and women) who routinely enforce norms of behavior for women and girls that are meant to curtail their freedom, choice, rights, and impede the exercise of their capabilities. These social terrorists also work to restrict women’s access to political and legal institutions, nutrition, education, property, and economic opportunities. They use violence as a matter of course to enforce their agenda. In keeping with the accepted characteristics of terrorism, gender terrorists also create widespread psychological trauma for the targeted group (women), which endures over time and is handed down from one generation to the other.

In Haryana, eleven cases of rape, reported over 30 days, were followed with some of the most idiotic rationalisations by the illegal, unconstitutional, informal and self-styled law-making tribunals called khap panchayats. Several explanations were offered by men in Haryana and Uttar Pradesh for beating up their wives, or raping women. They said, men get jealous if their wives talk on the phone. The phones were blamed for women eloping with other men. Therefore, a khap decreed that women should not use cell phones. Men cannot help being lascivious and violent if women wear tight ‘western’ clothing. So, women should be fully covered in clothes that do not reveal their form or body type. Since men do not have access to sex in their youth they find themselves raping women. Therefore, the marriageable age of women should be reduced to sixteen so that more girls can be sexually available to men legally, and this can- according to khaps- reduce rape. Marrying outside the gotra and/or caste, and marrying by choice is an assault on the dignity and honor of the family, the head of which is a man. Consequently, to restore and reconstitute this honour a woman must be brutally murdered, or in some cases publically punished and humiliated along with her chosen partner.

These pronouncements are classic acts of gender terrorism. This is not law-making; this is rule by diktat. Organisations like khaps enable and actively encourage acts of terrorism against women and the men who support these women. The judgments of these extra-legal bodies are not unlike the pronouncements of insurgent groups like the Tehrik-e-Taliban of Pakistan.

In political terrorism there is a deep-seated ideology (religious or political) that provides motivation for acts of terror. Call it patriarchy or misogyny, gender terrorists are bound by a code, and a majority of men agree on the rules of that code. This code shapes the gender terrorist to see women in a particular way- as a body to be possessed on the slightest of pretexts, which could be a short dress or a revealing blouse. There is no respect for a woman. She is treated like an animal, and is sometimes less beloved than a cow. She can be bought, sold, traded, collectively used for sex, pinched, prodded, branded, defiled, mutilated, experimented with, burnt, bullied, financially coerced, insulted, verbally abused, underfed, economically exploited and emotionally abused.

Gender terrorism can be found in legislations like the Armed Forces Special Powers Act, which allows for armed state actors to get away without any public accountability and scrutiny for their policing actions in conflict zones. These actions have often included rape of women in northeast India and Kashmir. These offences have remained largely uninvestigated because of the shroud of secrecy that surrounds the actions of state actors.

Gender terrorism relies on the willingness of the terrorised to view abuse as normal, to be shamed by it and not report it. It uses an increased threat of terror in case a victim reports initial acts of terrorism. There are consequences to being a tattletale, and she is made well aware of what will happen to her or her family if she resists. It is also unpredictable. Any woman, at any time of day, wearing any kind of clothing, in any public or private space, is likely to be a victim of gender terrorism. In this manner, the gender terrorists are able to coerce a woman or a girl into complying with their agenda.

Ripples of Vengeance

On the heels of the Delhi gang-rape incident, a 19 year old dancer was gang-raped in Orissa, a three year old was raped at a day care center and an actress in Manipur (who bravely refused to hide her identity) was dragged off the stage to be raped by a militant. All these incidents happened within 72 hours of the Delhi incident. Many other incidents also happened in 2012. A minor girl was publicly lynched while coming out of a club in Guwahati and this was filmed and broadcast across the nation in absolute violation of media ethics. A girl in south India was molested and thrown off a moving train for refusing the advances of a group of men, and a 16 year old was raped in Silchar by her local guardian.

The anti-rape protests in New Delhi in December 2012 called for revenge in the form of castration and the death penalty for rapists in the glaring absence of justice for crimes against women. Now judicial inquiry commissions are advocating that women be allowed to kill rapists in self-defense, and right-wing organisations like the Shiv Sena are distributing knives to women for self-defense. In 2004, fourteen women in Nagpur stabbed a known rapist, Appu Yadav, to death in a courtroom. In the last decade in at least two instances, women in Bihar and UP have beheaded their rapists. When the 2012 anti-rape protests occurred in New Delhi, the Indian government instead of backing the supporters on an issue where there cannot, ethically speaking, be two sides, famously fumbled as it water cannoned and tear-gassed thousands of well-heeled protestors and tried to stop them from reaching protest points by shutting down key subway stations.

In the absence of justice, Indian women are indicating that they will settle for revenge. These women who are ‘recovering subversion’, as Nivedita Menon once articulated, often take the law into their own hands. The Gulabi Gang bullies its way into police thanas and offices of bureaucrats for better treatment of women, and bashes up husbands known to be wife-beaters. And let us not forget the increasing number of tribal women that join the Maoists every year to flee persecution and abuse by the state and its commercial handmaidens.

This is not an endorsement of the vengeance harboured by women. This is instead a recognition of a systemic problem in the capacity and willingness of the state to react and respond to gender terrorism. It indicates the failure of the political process to secure rights for half the citizens of the country. Women are forced into being radicals to secure their personal safety because they are painfully aware that no one else will secure it for them.

Bharat Versus India – A False Dichotomy

In India, state actors mirror the anti-woman ideas that govern social behavior. Our police and paramilitary personnel are drawn from households that have seen violence within the family. Our constabulary comes from semi-urban and/or rural areas where their mothers waited on them hand and foot, and now their wives and daughters wait on them. For our police, who are supposed to be the first responders in a case of gender terrorism, a beaten up housewife is something familiar. They have seen their mothers get beaten up at home. A girl with her boyfriend who got raped is also familiar. They probably agree that women with boyfriends are “habituated to sex” and so their rape is not a big deal.

This sounds very much like an argument that pitches rural India (Bharat) versus cosmopolitan India where women are supposedly treated better. But this is not the case. If anything, Bharat and India agree on how women are perceived and how they should behave. Bharat and India agree on dowry practices. Bharat and India agree on the impossible attractions of short skirts that ‘allow’ men to rape women. Bharat and India both believe rape can be conducted with impunity. Bharat and India both have women that are victims of domestic violence and spousal abuse.

The arguments that construe metropolitan India as a socially evolved space are quite misleading and dangerous because they lull us into thinking that rape culture and gender terrorism are products of economic and societal backwardness. If this were the case we would not see gender terrorism in countries like the USA or a host of European nations. That we still see incidents of rape in developed countries, is an indicator of the global scale of gender terrorism.

The Bromance of the State

The people who staff the state shape state apathy towards gender terrorism. We have elected representatives who openly dislike women, openly buy women for sex and make them disappear when things get uncomfortable. Our representatives have repeatedly scuttled the tabling of the Women’s Reservation Bill since the late 1990’s. Many representatives have chargesheets pending against them on various counts of sexual violence, including rape. These charges have not impeded their rise in politics and have not stopped them from representing us.

Our military and paramilitary personnel have been accused of rape in conflict zones. A few years ago an army soldier was filmed sexually harassing a young girl in Assam in full view of other soldiers. No one stopped the soldier, and no one helped the girl. She retaliated by pelting him with stones. The rape and murder of Thangjam Manorama by soldiers of the Assam Rifles in Manipur gave rise to forms of protest that included a mob of naked Manipuri women marching to the Assam Rifles headquarters demanding justice with signs that said “Indian Army Rape Us”.

During my fieldwork on counter-insurgency in India, I was told a story about a counterinsurgency operation in a northeastern state. In this operation army men- recruited from central India- who were part of a regiment stationed in Assam and the state police of an adjoining state conducted a combined operation against a newly discovered camp of the United Liberation Front of Assam (ULFA). The raid was successful. However, they found three female ULFA members in the camp. Tense bargaining took place that night between the northeastern cops, who were operating out of their jurisdiction in an adjoining state, and the Indian army soldiers who wanted the women released to them. The northeastern cops resisted releasing the women to the army. They saw the women as fellow northeasterners.

The cop I interviewed said, “you can guess what would have happened to them”. After half an hour or so of bargaining, one of the cops from the northeast picked up his rifle and shot the three women dead. It was to send a signal to the army men. The cops and soldiers went their separate ways, and no one was ever the wiser publically about what had transpired that night, how many rules of engagement had been broken, and how many men got away with multiple murders.

Such incidents are clear violations of all laws that globally govern our existence. However, these are men and state actors drawn from a society where women are ‘taught lessons’ through sexual assault and are beaten up and insulted for the slightest of transgressions. The standards of male behavior and the attitude towards women that exist in Indian society find their way into the actions of our military, paramilitary and police personnel. The institutions of the state don’t break down gender terrorism; they reinforce it.

It is hard to spell out the consequences for perpetrators of gender terrorism when state actors themselves are deeply misogynistic. The laws protecting women in the Indian legal system are far ahead of their times in many cases. However, they are sporadically and clumsily implemented. We as a polity need to define consequences for gender terrorists. Impunity exists in the absence of consequences.

“Just being a woman is an act of courage”, said the tagline to the 1979 film adaptation of Sylvia Plath’s The Bell Jar. I modify that somewhat to suit the Indian situation – just being born a woman in India is an act of courage.

References

Varshney, A (2001), Ethnic conflict and civil society. World Politics, 53, 362-398.

1 Source: Reed-Sirnate dataset

2 Source :Crime in India’ National Crime Records Bureau publication, under Chapter 7, “Crime Against Persons Belonging to SCs/STs, 2010

3 The term ‘habituated to sex’ became controversial when it was used in 1974 in the judgment of the Mathura Rape Case. In this case a sixteen year old tribal girl was raped in Maharashtra’s Chandrapur district inside a police thana. The judgment ruled that rape could not be proved; only intercourse could be proved because the victim was determined to have been ‘habituated to sex’.

 

#India-27 steps to prevent crime against women ? #Vaw #Womenrights


TNN | Feb 5, 2013, 01.14 AM IST

NEW DELHI: Sensing that the Ordinance prescribing harsher punishment for offenders is not enough to prevent crime against women, the government on Monday unveiled 27 measures like setting up crisis response centres in 100 districts, introducing ‘Women Only’ buses in cities and removing jurisdiction boundaries for police in registering criminal cases.It also issued instructions to initiate strict action against police personnel found to be either displaying bias against women or neglecting their supervisory responsibilities while registering complaints of sexual offences.

Putting in place a nationwide three-digit number (such as 100) to respond to all emergency situations on the lines of 911 or 990Emergency Management Systems in vogue in several developed countries and launching a sustained media campaign to stop negative/indecent portrayal of women in movies, TV shows and advertisements are also part of the comprehensive plan comprising 27 different measures to prevent crime against women.

“Government enlisted these suggestions after several round of discussion over the issue under the Union cabinet secretary Ajit K Seth in the past one month,” said a home ministry official.

The measures outlined changes in the police system, a review of theMotor Vehicles Act, measures to make responses to crimes against women in efficient and sensitive manner and greater accountability of enforcement agencies.

The department of women and child development will implement a scheme to provide compensation to victims of sexual assault and also a scheme for setting up Crisis Response Centres in select hospitals to provide psychological and other assistance to sexual assault victims. The proposed scheme will be implemented in a pilot phase in 100 districts from 2013-14.

The National Crime Records Bureau (NCRB) will compile a database of persons convicted of criminal offences. Details of persons convicted of crimes against women will be displayed on their website. The existing Motor Vehicle Regulations will be reviewed, prescribing for increasing the quantum of fines imposed on violation of permit conditions and to bar compounding of offences beyond a certain number.

It will be made mandatory for a reporting officer to comment upon on the gender sensitivity of the police personnel in the Annual Performance Appraisal Report. Besides, plans are afoot to further develop and promote community policing.

Teachers will be given training in value education. Sustained awareness campaigns on gender equality will be undertaken in all schools and colleges and gender modules to be integrated in the curriculum at every level.

Girls students will also be trained in self defence/martial arts.

 

#India-126753 stood trial for #Rape in 2011, 5724 were convicted #Vaw


INDIA, Posted on Dec 19, 2012

New Delhi: Women’s rights activists and judicial experts have long demanded fast-track court processes and quick convictions in cases of rape to tackle the problem. Their demand seems justified in the light of the National Crime Records Bureau (NCRB) data for the year 2011.

The total number of persons under arrest including those from previous year in 2011 were 37929 of whom, 2050 people or 5.4 per cent were released before trial. In all, 26436 persons were chargesheeted, a 69.7 per cent figure against the total number of arrests. About 9443 persons were still under investigation at the end of the year, i.e 24.9 per cent.

In the same year, the total number of persons under trial including those from previous year stood at 126753 but only 21489 trials were completed (a one-sixth conversion rate). In all, 5724 people were convicted which stood at 26.6 per cent when weighed against those who stood trial. The total number of pending cases stood at 104997, 82.8 per cent of those which went to trial.

This surely paints a bleak picture about our slow judicial processed and also indicts the police for shoddy investigation which is evident from the dismal conviction rate.

Fast track courts which can convene for daily hearings and exemplary punishment are urgently required to tackle both the mountain of pending cases and to get a grip on the rising number of instances of crime against women.

 

#India- #Maharashtra – 46,000 crimes on women in three years #Vaw #Shame


‘46K crimes on women in three years’

Vaibhav Ganjapure TNN

 

rape

Nagpur: The issue of crimes against women was raised in the state legislature on Wednesday. Asking a questions in the council, MLC Mohan Joshi said Maharashtra witnessed 46,513 crimes against women from 2009 to 2011, including rape. He added that 40,516 kids went missing in the same period, claiming that the figure was the highest in India.

Earlier, female legislators from several parties submitted a representation to the government, seeking strict laws to curb rising crime.

Asian Human Rights Commission INDIA: Despicable policing


November 12, 2012

AHRC-STM-226-2012-01Once again, the country’s judiciary has underlined the fact that there is something fundamentally wrong with the police in India. On 7 November, the Chief Justice of Karnataka High Court, Justice Vikramajit Sen, while hearing a case said, “I never understand why the police always take the side of villains. Whether it is Haryana or Karnataka, it is the same.” Justice Sen, chairing the Division Bench of the court was hearing a criminal case. Expressing concern about the conduct of police with regard to women, Justice Sen said, ” … the police have no sympathy over the plight of the [rape] victim … Until it happens to their families, they cannot understand”, concluded the court.

The courts in India, including the Supreme Court, on several occasions have lashed out at the police and other law enforcement agencies in the country, each time expressing concern of the fact that these agencies are professionally unfit to undertake their mandate. For instance the Kerala High Court while hearing a case relating to crimes committed by the state’s police officers expressed serious concern over the high number of police officers, ranking from constable to the Inspector General of Police, who have criminal cases against them, and are still in active service.

The report submitted by the Director General of Police in Kerala to the High Court on 8 August 2011, reveals the names of 533 police officers that fall into this category. The state government however has tried to dismiss the seriousness of the issue and no action whatsoever has been taken against these officers so far.

One of the most notorious cases in the list is that of an officer of the rank of the Inspector General of Police, accused of charges including corruption, smuggling, and threatening and intimidating witnesses. The fact that these officers are not only responsible for formulating policies for the department, but are also directly involved in criminal investigation, challenges the capacity of the Indian police to undertake criminal investigation, one of the foundation stones of criminal justice delivery in the country.

In fact the Government of India does not have a real picture of the state of affairs concerning the alarming internal wilt that has occurred in the police. The record available with the National Crime Records Bureau (NCRB) is an example of this. The NCRB report claims that out of the 61786 complaints made against the police in 2011 in the whole of the country, only 916 were charge-sheeted.

Human rights organisations like the Asian Human Rights Commission (AHRC) and other civil society organisations have been calling upon the Government of India to take immediate action to deal with this serious absence of professionalism and morale within the police and other law enforcement agencies in the country. Cases documented from India, including that of corruption, the widespread practice of torture and other forms of custodial violence substantiate this concern. The AHRC has been calling upon the Indian authorities to address with immediate effect the resultant moral wilt within the police as well as other law enforcement agencies, which has led to the breakdown of the day-to-day administration of criminal justice in India.

Just as it is in the case of any other disciplined force suffering from lack of morale and professionalism, the despicable conduct of the police is not limited to cases involving private complaints. The lack of an enforceable disciplinary and accountability framework has resulted in the police treating crimes committed against their own rank and file with the same temperament as it is in the case of private complaints. Criminal investigations in the country resemble in fact a marketplace, where negotiations are made in the open and deals sealed under the table.

The internal investigation report filed by the Director of Police Intelligence, Mr. T. P. Senkumar, to the Director General of Police, Mr. K. S. Balasubramaniyam, concerning the case of assault and death of a Sub Inspector of Police (SI), Mr. Thankaraj, in Kerala speaks about the alarming fact that police officers even compromise with criminals, crimes committed against fellow police officers by local thugs, after demanding and accepting bribes from these criminal elements.

The intelligence report prepared by Senkumar alleges that the Superintendent of Police, Mr. K. B. Balachandran and other police officers have accepted bribes from a local thug, Mr. Sebastian, so that Sebastian’s name is dropped from the list of suspects accused of assaulting the SI, that resulted in his death. That such demeaning and corrupt practices are highly prevalent among the rank and file of the state police department, not only negates every legitimate purpose of criminal investigation, but also encourages all officers to be corrupt within the force.

In this case too, unfortunately the Government of Kerala is reportedly refusing to take action against the errant police officers due to illegal and political considerations. These incidents are not rare in India, but rather the standard conduct of police officers, that the entire force does not enjoy an iota of trust among the population, and unfortunately the country’s judiciary subscribes to this general perception.

The AHRC is of the opinion that the single largest impediment to police reforms in India is the police force itself. Police force in India, which by now has reduced to a mere uniformed criminal gang that brokers with authority, enjoy absolute impunity in return to the role of middlemen they play in power brokering.

Officers agree to do the cleanup jobs for the powerful and the rich with the least amount of persuasion and they are willing to illegally manipulate investigations into corruption and other crimes. While high-ranking police officers often sell their uniforms to the country’s corrupt political and financial elite, the lower-ranking officers extort money from the ordinary people, by engaging in crimes like extortion, fabrication of charges or even undertaking smuggling activities.

The police and all law enforcement agencies to extort bribe from detainees and suspects use threat of torture. Some police officers engage in supporting anti-national and terror syndicates after accepting money and other favours from these gangs. In that, the single largest threat to national security in India is its own police force. Unfortunately this is an issue that the country’s administration is yet to admit to and to remedy.

The continuance of such a state of affairs in police and other law enforcement agencies not only impedes the overall framework of the rule of law in India but also absolutely negates the country’s capacity to fulfil the constitutionally mandated domestic human rights standards. Such faulty institutions that are incapable of discharging everything that is expected to be undertaken within the framework of the rule of law, is exploited further by the government to implement draconian legislations like The National Security Act 1980, The Unlawful Activities (Prevention) Act 1967 and their state variants like The Maharashtra Control of Organised Crime Act, 1999; The Karnataka Control of Organised Crimes Act, 2000; The Uttar Pradesh Control of Goondas Act, 1970; The Assam Preventive Detention Act, 1980; The Armed Forces (Assam and Manipur) Special Powers Act, 1958; and The Madhya Pradesh Rajya Suraksha Adhiniyam, 1990. There are at least 44 such legislations in India, which allows the police to arbitrarily take action against innocent members of the public.

The police to sidestep the rule of law guarantees use all the above legislation, without exception, that other procedural restrictions built in into the Criminal Procedure Code, 1974, to prevent misuse of authority is today meaningless. Today the police could illegally detain, keep in prolonged custody and even murder people with absolute impunity. This negates the fundamental premise of fair trial.

All these legislations however are implemented in the guise of empowering law enforcement agencies to control and prevent crime. Yet the most simple and elementary step, to discipline the police, is yet to be implemented in India.

The basic flaw in this mindset of the government is that the law enforcement agencies are conceived as organs to maintain order at the expense of awarding arbitrary authorities to the state agencies, who subject these laws to wanton misuse since the agencies implementing these legislations themselves act with the same mindset of organised criminal syndicates. Today if anyone refers the law enforcement agencies in India as organised criminals in uniform, such a reference is not untrue.

It is not that exceptions to this general perception do not exist in the rank and file in the law enforcement agencies. It is only that the number of such officers is far too low, that they alone cannot improve the image or performance of the rest of the force. It is a sad truth that both the government and the law enforcement officers know that for the conditions to improve, the change has to come from within, yet both choose to do nothing about it.

# # #
For information and comments: Bijo Francis, AHRC. Telephone: + 852 – 26986 339, Email: india@ahrc.asia

Cartoon provided by Mr. Satish Acharya
. The cartoonist’s page could be viewed at http://cartoonistsatish.blogspot.com/

 

#India-Where women fear to tread #MP #VAW #Indiashining


MAHIM PRATAP SINGH, The Hindu

In the State that leads in incidents of rape, the shame-inducing statistics are pushing the administration into action

Time was when Payal (name changed to protect her identity), a standard VII student from Madhya Pradesh’s tribal dominated Betul district, had only school, friends and family on her mind. But her little world changed dramatically in March this year.

The 15-year-old, a resident of Betul’s Majhinagar slum, was abducted in public by a gangster, Rajesh Harore.

Rajesh (32) then took the tribal girl to a shanty and raped her. But that was not all. Two weeks later Rajesh, along with two other men, came to her house. As the helpless teenager watched, they shot her mother dead for having approaching the police.

Payal’s story is just one of the several thousand stories of rape that get scripted in Madhya Pradesh every year.

Away from the kind of media glare that Haryana found itself facing after a string of rapes committed recently, in Madhya Pradesh the crime continues unabated and with impunity.

Over the last two decades, the State has led the country in the number of rapes committed, according to the National Crime Records Bureau (NCRB) data (1991-2011).

Only last year, it recorded 3,406 cases of rape, which means nine women were raped here every 24 hours.

In the first six months of this year (January-July 2012), there were 1,927 cases of rape — an increase of 6.11 per cent over the number of rapes committed during the same period in 2010 and 2011. Overall, the State accounted for 14 per cent of the rapes committed across the country in 2011.

Among cities, the State capital, Bhopal, with 100 rapes, was second only to the metropolises Delhi (453) and Mumbai (221), while the State’s industrial capital, Indore, stood fifth, registering 91 rapes.

Floating population a reason

The statistics tell a horrifying story. But why are so many women raped in Madhya Pradesh every year?

According to the police, the State’s huge floating population is one reason. Also, they say, unlike in Uttar Pradesh, Rajasthan or Haryana, they never turn away a complainant. Every rape complaint is registered.

Perhaps, another more important reason is the conservative attitude of people in M.P., as in certain other States, towards women.

“In most parts of these States, the girl child is still considered a liability. Women are perceived to be good for only two things — sex and giving birth to a boy. It is almost like they need the women, but not the girls,” says Anuradha Shankar, Inspector-General of Police, Indore.

Not surprisingly, the top five States in terms of the number of rapes — Madhya Pradesh (3,406), West Bengal (2,363), Uttar Pradesh (2,042), Rajasthan (1,800) and Maharashtra (1,701) — also have dismal sex ratios.

While Madhya Pradesh (930), Rajasthan (926) and Uttar Pradesh (908) have sex ratios below the national average of 940, West Bengal (947) and Maharashtra (946) are just on the threshold.

Attitudes within the government too are a cause for concern. At least two ministers of the Shivraj Singh Chauhan cabinet have publicly blamed victims for bringing rape upon themselves by dressing provocatively.

In April, the Urban Development Minister, Babulal Gaur, blamed short dresses of girls for the rising number of sexual harassment cases. Three months later, the Industries Minister, Kailash Vijayvargiya, while commenting on the Guwahati molestation case, advised girls to dress in sync with Indian culture.

He went a step ahead and said that members of the National Commission for Women team who went to probe the Guwahati incident looked like participants of a fashion show.

Low conviction rates

But if provocative dressing by young girls was indeed the reason for rape, more revealing are the statistics that show that rapists have no age preference when it came to choosing targets.

According to the NCRB, Madhya Pradesh registered the highest number of rapes of women above 50 years of age, along with the maximum number of minor adolescent rapes — 1,195 cases.

Of these, 886 girls were between 14-18 years while 309 were between 10-14 years.

Earlier this year, the State Home Minister, Umashankar Gupta, admitted in the Vidhan Sabha that 3,176 minor girls were raped in the State over the last two years. That’s four minor girls a day.

At 6,665 cases, M.P. also had the highest number of molestation cases during 2011. Even as rapes have been rising, conviction rates have remained low with Madhya Pradesh recording an abysmal rate of 23.6 per cent during 2011.

Police say rape is a complicated crime and is difficult to stop since “about 65 per cent cases involve people known to the victim.”

New department

“Earlier this year, when a lot of rapes were being reported from Indore, we did a survey and found that 22 out of the 25 rapes reported were committed by relatives, family members or persons known to the victim,” says Ms Shankar.

The State has been trying hard to get rid of the shame-inducing statistics. A step in that direction is the setting up of the Crime against Women (CaW) branch. Headed by ADG Aruna Mohan Rao, it was set up this June. The unit has four Inspectors-General of Police functioning under the ADG. The IGs, one each in Bhopal, Indore, Gwalior and Jabalpur, are tasked with monitoring cases of crime against women on a daily basis.

Besides, there are four deputy-directors of prosecution (DDP) who monitor all cases in the courts during the trial stage in order to check the abysmal conviction rate.

The new department has also undertaken a ground level study in order to analyse all rape cases, follow-up on pending investigation and identify reasons for low conviction rates. CaW is still in its infancy, but Ms Rao claims it has started showing results.

“There has been an increased level of sensitisation within the police force. Only the constables are yet to be adequately sensitised but we are working towards that. We will assess the results once the specialised branch completes six months of operations,” she says. Even then, only an assessment of how safe women in Madhya Pradesh feel, will provide the true measure of CaW’s success or otherwise. Right now, they live in an atmosphere of fear and insecurity.

As crimes against Dalits rise, UP or Haryana tops the chart ?


ZEE NEWS,  September 28, 2012,

Does Haryana top the list of states in atrocities against Scheduled Castes as asserted by PL Punia? The chairman of the National Commission for Scheduled Castes and Tribes’ statement came in the wake of Hisar Dalit gangrape case.

“Anti-Dalit atrocities have been taking place on a large-scale in Haryana. While the state is small, in the proportion of the crimes, that is, crimes per lakh of population, Haryana tops the list,” Punia was quoted as saying in an interview to a leading business daily.

But, government data sourced from the latest National Crime Record Bureau (NCRB) Report 2011 by the Zee Research Group shows that Haryana doesn’t even figure in the top three states that have registered highest crimes against Dalits in 2011 under two crime categories: Indian Penal Code and Special Local Laws, and the SC/ST (Prevention of Atrocities) Act, 1989. The latter is a special law and applies to cases where atrocity has been committed against a Dalit by an upper caste for reasons primarily of caste difference.

Another worrying trend apparent from the NCRB data is growing cases of rape of women belonging to SCs. From 1,349 cases in 2010, rape incidences of Dalit women have jumped to 1,557 in 2011 thereby registering an increase of 15.4 percent. Here again, Uttar Pradesh has reported highest 397 incidences of rape thereby accounting for 25.5 percent of the total cases in the country. Madhya Pradesh closely follows Uttar Pradesh with 327 cases i.e. 21 percent of the total cases in the country. In the first category, the dubious distinction has been earned by Uttar Pradesh – also the state with highest number of Scheduled Caste population. With 7,702 cases out of the total 33,719, the state alone accounted for 22.8 percent of crime against SCs under the Indian Penal Code and Special Local Laws. Uttar Pradesh is being followed by Rajasthan with 5,182 cases, i.e. 15.4 percent. Andhra Pradesh with 4,016 cases (11.9 percent) and Bihar with 3,623 cases (10.7 percent) trail behind Rajasthan in that order. Haryana is only 1.2 percent, way below these states.

NCRB data also points that crimes under the SC/ST (Prevention of Atrocities) Act, 1989, is rising across the country. A total of 11,342 cases were reported under this Act during 2011 as compared to 10,513 in 2010 – a sharp increase of 7.9 percent over the previous year. Among states, Bihar has reported highest 3,024 cases accounting for 26.7 percent of the total cases reported in the country leaving behind Uttar Pradesh (17.6 percent) and Andhra Pradesh (12.7 percent) which otherwise lead in overall crimes against Dalits.

The above data clearly contradicts Punia’s statement as Haryana is way behind Uttar Pradesh, Rajasthan, Bihar and Madhya Pradesh when it comes to atrocities against SCs. However, the recent spurt in crimes targeting the marginalised and lower castes in Haryana including through khap justice suggests that roots of caste-based discrimination remain firmly entrenched in Indian society.

The women especially minor girls become easy prey for offenders who more than often get support from self-proclaimed feudalistic social orders. The malaise can be uprooted with stringent implementation of laws and creating social awareness rather than generalised statements to score brownie points.

And now, rape as political witch-hunt. The stories of 7 women


Tripura is the CPM’s last bastion. But its crude attempts to smother rivals is leaving the party red-faced, says Ratnadip Choudhury

ON 20 MARCH, two tribal girls in their early 20s were allegedly tortured and gang-raped by a group of tribal men in Takka Tulsi, a remote hamlet in southern Tripura. The incident hardly found a mention in the national media. Even in the Northeast, the media failed to read between the lines of what this incident tells about the tiny state that boasts of a high literacy rate, rural development and political consciousness. But the pain and trauma of the victims can be felt and heard in almost every tribal belt in Tripura, the last bastion of the Left Front in India.

Indeed, women have been at the receiving end of the Left Front’s 19-year rule in the state. They have been tortured, gangraped and even murdered at will. Kangaroo courts have been used to brand tribal women as witches, and their moral character questioned, all for ulterior political designs.

According to the National Crime Record Bureau (NCRB), Tripura had India’s worst crime rate against women: 46.5 per lakh population in 2010. Between April 2010 and March 2011, the Tripura Commission for Women (TCW) received 913 cases of crime against women, out of which 62 were against tribals.

So, why this spurt in rapes against tribal women in Tripura? Historically, the Left Front had reigned supreme in the tribal areas but its support base has started eroding. Every day, tribals are deserting the CPM and joining regional parties because they believe that CPM leaders share benefits of government schemes only with their relatives and cadres. Rattled by the desertion and its debacle in West Bengal, the CPM cadres are trying every trick in the trade to retain power in next year’s Assembly polls. But for now, Chief Minister Manik Sarkar and the TCW have some explaining to do about these shocking crime figures.

“The high rate of crime against women in Tripura is a concern,” says CPM state secretary Bijan Dhar, adding, “I agree that since we have been in power for 19 years, a section of our people got inclined towards power and at times ideology takes a back seat.”

The magnitude of the political pressure is so intense that the watchdog TCW is almost parroting the state government’s tune. “Politics on a sensitive issue like rape is not desirable. We are alarmed by the increase in rape cases and we have been taking action but it is not like that the government is not sensitive,” says TCW chairperson Dr Tapati Chakraborty.

But the Congress is in no mood to desist from politicking on the issue. “It is the tribal vote bank that has kept the Left in power for so long; they have done nothing for them,” says Leader of the Opposition and Congress MLA Ratan Lal Nath. “The CPM cadres have done heinous crimes against women and got away with it, but we will fight against this menace.”

TEHELKA travelled to some of the remotest villages to understand why the tribal women are at peril. The driver who took us around, gave us a primer. “Tripura has adequate power and good roads, even in remote areas. It has been the best state in the implementation of MGNREGA,” he says. “But the truth is that one can enjoy the fruits of development only if he/she supports the ruling party. Political rivals are boycotted economically and socially, mentally harassed and assaulted by CPM cadres.”

There are numerous cases of violence against tribals that paint a shoddy picture of the state of affairs in Tripura, where the Left Front won 19 of the 20 seats reserved for Scheduled Tribes in the 60-member Assembly in 2008. However, it’s not just the tribals who are bearing the brunt. The TCW records between April 2010 and March 2011 show that 28.37 percent of the crimes were against SCs, 13.14 percent against Muslims and 20.37 percent against OBCs. These numbers are enough for the Left Front to realise that its final bastion is in big trouble.

Ratnadip Choudhury is a Principal Correspondent with Tehelka
ratnadip@tehelka.com

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