#RIP- Justice JS Verma, who headed the anti-rape law panel, no more


Edited by Amit Chaturvedi | Updated: April 22, 2013 22:53 IST

Justice JS Verma, who headed the anti-rape law panel, dies

New DelhiFormer Chief Justice of India Justice Jagdish Sharan Verma, who headed a three-member panel to examine laws on crimes against women, died today due to multiple organ failure. He was 80.The new anti-rape law passed by Parliament in March incorporates some of the recommendations made by the Justice Verma Commission. The panel of Justice Verma, Justice Leila Seth and Gopal Subramaniam was set up in the aftermath of the December 16 gang-rape of a medical student in Delhi last year.

The Verma Commission put together its report in just 29 days. Justice Verma had urged the government to match his team’s commitment by implementing the changes urgently.

He was honoured at NDTV‘s Indian of the Year Awards on April 15 for fighting for justice for the Indian woman.

 

Madras court orders CBI enquiry into a ‘ MISSING 17 YEAR OLD BOY “, as CB-CID botched up the investigations


The Hon'ble Chief Justice of India: Request to Provide a Immediate CBI Investigation to my Son's case.

 

BACKGROUND OF THE CASE

On October 15 of 2011, SANDESH, aged 17, student +1 at Maharishi Vidya Mandir, Hosur, went to a nearby store but he didn’t return back. We looked for him all night but could not find him.  His father  went to the Sipcot Police Station the next day, but my FIRwas lodged only two days later.On 11 July 2012, the Division bench comprising Justices KN Basha and P Devadass ordered the transfer of the Investigation to CB-CID. but the CB-CID also botched up the investigations  and they gave family  an unclaimed body of 40 years old Ias that of  Sandesh’s body,  The familyw ent to court again asking CBI inquiry which was granted  1April 2013 , THE MADRAS COURT HAS ordered CBI inquiry

THE FATHERS ANGUISH BELOW— 

DELAY IN INVESTIGATIONS BY THE POLICE:

Even after the FIR was lodged, the police didn’t take any sort of action to trace my son. When I insisted, the talaash format of the Complaint and the Call reports of my son’s mobile were reported only after a month later. I always suspected Raj Kumar I.R (A central excise Inspector as on date) and his wife Hemalatha (a govt. school teacher) as their daughter Monisha had a love affair with my son. And my Son used to attend tuitions held by Monisha’s Mother for past 3 years. Later, I came to know that they are the only one who has the illegal custody of my son, Sandesh.  Although I Tried, My complaint against the above said was never lodged by the Sipcot Police Station and Instead I was threatened by an officer who said not to go against them. When I did I lost my job as Raj Kumar I.R informed my company management not to let me allow my Job. I was a Employee at Aankit Granites Ltd.,And was Production Incharge with a monthly salary of Rs.20,000/- And due to Raj Kumar I.R I lost my job, as I took steps against him.

As the Police did not take any sort of steps to trace my son, I, with a prayer many authorities as follows:

Ø  The Sub collector, Hosur

Ø  The  District Collector, Krishnagiri Dist

Ø  The  Assistant Superintendent of Police, Hosur

Ø  The  Superintendent of police, Krishnagiri

Ø  DIG, Salem

Ø  IG, Coimbatore

Ø  DGP, Chennai

Ø  CM- CELL, Tamil Nadu

But there was no response of any kind from them. And my FIR against Raj Kumar I.R and Hemalatha wasn’t lodged and no action was taken.

When I met the DIG, Salem, he in front of me ordered the Superintendent Of Police, Krishnagiri through phone and signed in the petition of mine stating ‘ to alter the case to a kidnapping case and to arrest the accused’, but for some reasons, SP, krishnagiri didn’t do as directed.

Prayer to the MADRAS HIGH COURT to produce my son:

In the Month of December of 2011, I had to file a Habeas Corpus Petition (1908/2011) at the madras High court, as I had no alternate way. I shed all my hopes at the High Court. In the Earlier Prosecutions, first the case was directed to the JSP of Hosur, R.V Ramyabharathi, who stated in her status reports that she is looking for my son and also having a close watch at the Under Suspects. Then, the case was directed to the Superintendent of Police, Krishnagiri, Abhishek Dixit, who tried to close the case with an ulterior motive to save Raj Kumar I.R and Hemalatha.

WRONG JUDGEMENT, DENIED JUSTICE:

                                                       When the Matter came up for hearing on 25 June 2012, Additional Public Prosecutor, Govindarajan informed the Division bench comprising Justices KN Basha and P Devadass, that a skull had been recovered and that it would be sent to the Forensic department for Analysis and Scientific Investigation. And the Bench declared my son dead and altered the case to Section 174 of CrPc, without knowing the truth and without any kind of approval from my side. The next hearing was posted to July 9 2012 for the final report of police. The DNA tests were conducted only on 29 June 2012. I always co-operated with the police and give my blood samples knowing the truth that the skull recovered was not that of my son’s but the police never had a co-operation with us.

FALSE CLAIMS BY THE POLICE:

The Claim made by the police is entirely false. The Skull, which was recovered belongs to a 40 year old whose body was found on 24 October 2011 in a lake at Hosur and a Case was Registered at the Sipcot Police Station (FIR: 374/2011) as a un- identified body. The case was registered at the same Police station where my case is lodged. The skull recovered by the police is not my son’s at all. And also, The SP, Abhishek Dixit always harassed me and my family stating that my son is dead, which is entirely false. And earlier, when the case was directed to the SP, the ID marks of my son were very often replaced with the false ones at the TN police website, without my knowledge.

All this incidents prove a sign of danger to my son.

A RAY OF HOPE:

On 11 July 2012, the Division bench comprising Justices KN Basha and P Devadass ordered the transfer of the Investigation to CB-CID.The bench issued the following order as in the Order copy.

(1)    The Additional Director General of Police, CBCID, Chennai is hereby directed to nominate a competent officer not below the rank of Deputy Superintendent of Police to take up the further investigation in this case within a period of ten days from the date of receipt of a copy of this order and also intimate the first respondent about the nomination of the said officer.

(2)    The First Respondent, in turn, on receipt of the intimation from the Additional Director General of Police, CBCID, Chennai, shall hand over the entire records relating to the Crime Nos.368/2011 and 374/2011 to the said nominated officer within a period of seven [7] days from the date of receipt of the said intimation.

(3)    The Said Nominated officer shall take all efforts to expedite the investigation and complete the same as expeditiously as possible and shall file a final report, more particularly, within a period of three months from the date of receipt of the records from the first respondent.

(4)    Post the matter after three months.

This order was issued on 11-07-2012 for the HCP 1908/2011.

FADING HOPES AND LOSING FAITH, DELAY IN STARTING THE INVESTIGATION BY THE CB- CID:

I received my copy of the order. Although the Copy of the order was made ready and sent it to Additional Director General Of police, CB-CID but there was no response. When I enquired through phone and went personally at the Office They said that they haven’t received the Copy of the Order and were Helpless until they had the Order copy. I also sent a copy of the order to the ADGP, CBCID Chennai by mail but they said that would accept the one which is only from the Court. And there was no response from two [2] Months. The Investigation of the case came to stand still.

As there was responsible from CB- CID, I filed a petition again in the Madras High court C on September 3. The petition SR no: 36968 with serial 11 and the proceeding are awaited. On September 5, an Officer from CB CID called me to inform that he was the nominated officer. When asked, he said he was the nominated only on September 4. When I questioned the reason for delay, the reply that it could be due to ‘Administrative’ reasons. The officer appointed was Rajesh, DSP, Krishnagiri- Salem, CB –CID and Vijayraghavan, Inspector CB CID, Krishnagiri unit. In this case, Each and every moment is precious and one’s life at risk, but the CB- CID started their investigation after two [2] months from the date of order passed. By facing all these problems, I have no more belief in State Police and the CB CID of the state.

I  stay here in hosur with my wife and two children. Both of my sons study at Maharishi Vidya Mandir, Sipcot, Hosur, Elder son Sandesh in +1 and the younger Sandeep in 9th Standard. We all were leading a decent happy life but now, we are just helpless. There’s no trace of my son yet.

I hereby end this hopefully written Petition, believing that a CBI Investigation is ordered to my Son’s Case, to trace my son Sandesh Immediate. And Take Necessary Actions against the people for their wrong doings.

[SUSHIL MANDAL]

for more information contact- sushilm_8888@rediffmail.com and
Contact number’s are 09486071246, 09629676704.

Now after a year and half MADRAS COURT ORDERS CBI INQUIRY,

THE ORDER BELOW

Order_Copy_PDF

 

Saha Commission – Deposition Proper Crèche facilities in mines #CSR #Odisha #Vaw #Womenrights


Deposition before Saha Commission CLAP espouses Creche in Mines.

Ahmadabad: 21.04: The provision of law under Mines Creche Rules 1966 and the Judgement of Odisha High Court in Committee for Legal Aid to Poor and Forum for Creche and Child Care Services (FORCES) vrs. State of Odisha bearing No. WP (C) No. 3132/2003 regarding crèche services for 0-6 age group siblings of working mother deserve priority attention with agenda of CSR by Mining Companies says the petition by Dr. Bikash Das, President, CLAP filed before Saha Commission. It is pertinent to mention that the Saha Commission is presently hearing the CSR of Mining Companies for peripheral development as a part of the overall enquire into irregularities of mining. In course of hearing of the case the lawyer of the petitioner Sidheswar Mohanty brought to the attention of the Commission that crèche facility for young children is a legal obligation, however, it is being overlooked in course of mining operation. Even the Odisha High Court in a public interest petition already directed for appropriate steps to establish crèche in mines. Hearing the contention of the petitioner Justice Saha observed that as per Mines Creche Rules its violation is an offence. Any mining which fail to perform its duty would attract prosecution. Senior Counsel Gopal Subramaniyam also supported the prayer of CLAP for crèche facility and informed the Commission that the submission will be taken care of by mining companies in their CSR Programme. Saha Commission directed the lawyer of CLAP to submit its written deposition before the Commission. BEFORE THE COMMISSION OF ENQUIRY COMPRISING HON’BLE SRI. JUSTICE M.B. SHAH (Retd.), (For illegal mining of Iron Ore and Manganese), Bungalow No. 13, Opp. Anti-Corruption Bureau, Dafnala, Sfahibaug , Ahmedabad – 4 The humble petition filed by Committee for Legal Aid to Poor (CLAP), a Registered Society based in Cuttack, Odisha. Sub: Proper enforcement of Crèche facilities for Children of Working Mothers in the mines within state of Odisha as per the provision laid down under Mines Crèche Rules, 1966 (framed by the Central Govt. of India on 1st April, 1966) in exercise of power conferred under Clause (d) and (w) of Section 58 of the Mines Act 1952 and also implementation of order of the Hon’ble High Court of Odisha in a Public Interest Litigation bearing no. WP (C) No. 3132/2003. The following submissions are made for the sympathetic consideration of this Hon’ble Commission in course of hearing the Corporate Social Responsibility (CSR) of Mining Owners: 1. That provision of crèche facility for children of working mother in mining is a legal obligation of mining owner/miner as per the provision of Mines Crèche Rules, 1966. It is also a statutory obligation of the authorities of mining department to supervise whether the crèche facilities are being provided by the mining owner or not. It is also an entitlement of very young children (up to age of 6 years) who accompany their mother who are working in mines. 2. That, in spite of the provisions of Mines Crèche Rules 1966, the implementation of the provision is grossly manifestly poor as the mining owners are not giving due importance to the issue for various reason including low level of awareness about the provision of law together with lack of assertiveness among working mother about the statutory opportunity for which they are entitled. 3. That deprivation of working women having children below 6-years of age from the entitlement of crèche facility for their children is a common phenomenon all across the mines in Odisha and thereby it is a violation of a statutory obligation by the mining owners. 4. That the public authorities including Labor and Mining Officials appointed for the purpose of ensuring strict compliance of the statutory provisions like crèche facility are not discharging their duty for proper enforcement of the provision of crèche in mines. In fact there is no accountability of officials for strict adherence to the provisions of law. 5. That, to substantiate the rampant violation of the provision relating to crèche facilities, the present petitioner that is CLAP constituted a Fact Finding Mission consisting of Lawyers and Social Activists to investigate into the real state of affair which visited different mines of Sukinda area of Jajpur district of Odisha in the year 2002. After field investigation, the CLAP has published a report with name and style “Undermining Children in Mines” reflecting therein the illegalities and irregularities noticed about the implementation of Crèche facilities in the mines. Such inaction of mine owners is clear violation of rights of children upto age of six years whose mothers are working in respective mines. A Copy of the said report is attached herewith as ANNEXURE -1. 6. That, based on the aforementioned fact finding mission and the fact finding report titled Undermining Children in Mines, CLAP (Committee for Legal Aid to Poor) alongwith FORCES (Forum for Crèche and Child Care Services) approached the Hon’ble High Court of Odisha by way of filing a PIL vide WP (C) No. 3132/2003 seeking direction for enforcement of provisions relating to crèche facility in the mines. 7. That, after careful hearing of allegations leveled and counter affidavit filed by the respective parties, the Hon’ble High Court of Orissa vide order dt. 21.1.2011 passed a verdict with a direction to the OP No. 5 (Ministry of Labour, Union of India, Shrama Shakti Bhawan, New Delhi) to see that the crèches are properly maintained by the mines owners who have established the same as per the Act and Rules. And for those who have not established crèches, Directorate of Mines Safety shall see that the same are established forthwith and safety measures shall be taken for the children of working women in nines area; and further see that the trained teachers are appointed for functioning of Crèches properly. Moreover, periodical inspection shall also be carried out by the Directorate of Mines Safety regarding maintenance and functioning of Crèches in mines areas in consonance of provisions of the Act and Rules in vogue. If the authorities find that any mine owner is contravening the provisions of the Act and Rules they shall have to take steps to prosecute them before the Court of law for contravention of law, which tantamount to statutory offence. A copy of the order of Hon’ble High Court of Orissa dtd. 21.1.2011 is attached herewith as ANNEXURE – 2. 8. That, in spite of all this efforts and the order of the Hon’ble High Court, the deficits, inadequacies, irregularities and latches still persists in respect of enforcement of the provision concerning crèche facilities by the mines owners. The public authorities have not shown due diligence and not taken adequate measures for proper enforcement of crèche rules even though there is a clear direction by the Hon’ble High Court of Orissa made in this regard. 9. That, in the above facts and circumstances the following steps are very much essential for proper enforcement of Crèche Rules in the mines area and to ensure that the Corporate Social Responsibility (CSR) as per the legal provision are effectively implemented for the shake of protection of best interest of the very young children, welfare of the working mother and also for promotion of good governance: ISSUES A. It will be mandatory for every Mines owner to provide Crèche facilities to the children upto age of 6 years of the working women. B. Every Crèche shall have a clean and sanitary latrine and bathroom, adequate safe drinking water, supplementary nutrition, medicines, beds, toys and medical check-up for the children and nursing mothers. C. Periodically visit and monitoring of the crèche facilities should be undertaken by the Directorate of Mines. D. The mines authorities will ensure that the crèche facilities have been strictly implemented by every mines owner. E. In case there is found any latches or negligence to provide crèche facilities, the licence granted to the respective mines is deemed to be cancelled. F. Every mines owner will submit quarterly report to the mines authorities explaining the details and steps taken to implement the crèche facilities for the supervision of the authorities. G. Effective measures should be taken by both the mining department and mines owners for proper implementation of Mines Crèche Rules. 10. That, the petitioner brings the above facts to the notice of the Hon’ble commission for its sympathetic consideration as the Commission rightfully considers a very important aspect of Corporate Social Responsibility (CSR) in course of hearing legal issues pertaining to mining allotment. 11. That, unless a matter like crèche facility for young children below the age group of 6-years of mother working in mines is taken into due consideration at this stage of hearing of the case, the issue of young children would be ignored from the entire process of rendering justice and the best interest of young children will be overlooked. P R A Y E R In the above facts and circumstances along with considering the legal provision of crèches facilities for children in mines, it is humbly prayed to pass appropriate order/recommendation for strict compliance of the legal provision made under Mines Crèches Rules, 1966 as a major aspect of Corporate Social Responsibility (CSR). And further recommend the issues mentioned in Para – 9 are to be included as part of the Corporate Social Responsibility (CSR) for the best interest of the children. Dr. Bikash Das, President Date: 19.4.13 Committee for Legal Aid to Poor (CLAP) And Convenor, Odisha FORCES 367, Markatnagar, Sector – 6, C.D.A, Cuttack – 14, Odisha, India AFFIDAVIT I, Dr. Bikash Das, aged about 43 years, S/o Late Shyam Sundar Das, President of Committee for Legal Aid to Poor (CLAP), AT: Plot NO. 367, Markatnagar, Sector – 6, PO: Abhinaba Bidanasi, PS: Markatnagar, Town/Dist.: Cuttack do hereby solemnly affirm and state as follows: 1. That I being president of CLAP presenting this petition before this Hon’ble commission. 2. That the facts stated above are true to the best of my knowledge and belief. Identified by Advocate Deponent Cuttack Date: 19.4.2013 Contact Number of CLAP Advocate Mr. Sidheswar Mohanty: 09861035421

BEFORE THE COMMISSION OF ENQUIRY COMPRISING

HON’BLE SRI. JUSTICE M.B. SHAH (Retd.),

(For illegal mining of Iron Ore and Manganese), Bungalow No. 13,

Opp. Anti-Corruption Bureau, Dafnala, Sfahibaug , Ahmedabad – 4

The humble petition filed by Committee for Legal Aid to Poor (CLAP), a Registered Society based in Cuttack, Odisha.

Sub: Proper enforcement of Crèche facilities for Children of Working Mothers in the mines within state of Odisha as per the provision laid down under Mines Crèche Rules, 1966 (framed by the Central Govt. of India on 1st April, 1966) in exercise of power conferred under Clause (d) and (w) of Section 58 of the Mines Act 1952 and also implementation of order of the Hon’ble High Court of Odisha in a Public Interest Litigation bearing no. WP (C) No. 3132/2003.

The following submissions are made for the sympathetic consideration of this Hon’ble Commission in course of hearing the Corporate Social Responsibility (CSR) of Mining Owners:

1. That provision of crèche facility for children of working mother in mining is a legal obligation of mining owner/miner as per the provision of Mines Crèche Rules, 1966. It is also a statutory obligation of the authorities of mining department to supervise whether the crèche facilities are being provided by the mining owner or not. It is also an entitlement of very young children (up to age of 6 years) who accompany their mother who are working in mines.

2. That, in spite of the provisions of Mines Crèche Rules 1966, the implementation of the provision is grossly manifestly poor as the mining owners are not giving due importance to the issue for various reason including low level of awareness about the provision of law together with lack of assertiveness among working mother about the statutory opportunity for which they are entitled.

3. That deprivation of working women having children below 6-years of age from the entitlement of crèche facility for their children is a common phenomenon all across the mines in Odisha and thereby it is a violation of a statutory obligation by the mining owners.

4. That the public authorities including  Labor and Mining Officials appointed for the purpose of ensuring strict compliance of the statutory provisions like crèche facility  are not discharging their duty for proper enforcement of the provision of crèche in mines. In fact there is no accountability of officials for strict adherence to the provisions of law.

5. That, to substantiate the rampant violation of the provision relating to crèche facilities, the present petitioner that is CLAP constituted a Fact Finding Mission consisting of Lawyers and Social Activists to investigate into the real state of affair which visited different mines of Sukinda area of Jajpur district of Odisha in the year 2002. After field investigation, the CLAP has published a report with name and style “Undermining Children in Mines” reflecting therein the illegalities and irregularities noticed about the implementation of Crèche facilities in the mines. Such inaction of mine owners is clear violation of rights of children upto age of six years whose mothers are working in respective mines.

A Copy of the said report is attached herewith as ANNEXURE -1.

6. That, based on the aforementioned fact finding mission and the fact finding report titled Undermining Children in Mines, CLAP (Committee for Legal Aid to Poor) alongwith FORCES (Forum for Crèche and Child Care Services)  approached the Hon’ble High Court of Odisha by way of filing a PIL vide WP (C) No. 3132/2003 seeking direction for enforcement of provisions relating to crèche facility in the mines.

7. That, after careful hearing of allegations leveled and counter affidavit filed by the respective parties, the Hon’ble High Court of Orissa vide order dt. 21.1.2011 passed a verdict with a direction to the OP No. 5 (Ministry of Labour, Union of India, Shrama Shakti Bhawan, New Delhi) to see that the crèches are properly maintained by the mines owners who have established the same as per the Act and Rules. And for those who have not established crèches, Directorate of Mines Safety shall see that the same are established forthwith and safety measures shall be taken for the children of working women in nines area; and further see that the trained teachers are appointed for functioning of Crèches properly. Moreover, periodical inspection shall also be carried out by the Directorate of Mines Safety regarding maintenance and functioning of Crèches in mines areas in consonance of provisions of the Act and Rules in vogue. If the authorities find that any mine owner is contravening the provisions of the Act and Rules they shall have to take steps to prosecute them before the Court of law for contravention of law, which tantamount to statutory offence.

A copy of the order of Hon’ble High Court of Orissa dtd. 21.1.2011 is attached herewith asANNEXURE – 2.

8. That, in spite of all this efforts and the order of the Hon’ble High Court, the deficits, inadequacies, irregularities and latches still persists in respect of enforcement of the provision concerning crèche facilities by the mines owners. The public authorities have not shown due diligence and not taken adequate measures for proper enforcement of crèche rules even though there is a clear direction by the Hon’ble High Court of Orissa made in this regard.

9. That, in the above facts and circumstances the following steps are very much essential for proper enforcement of Crèche Rules in the mines area and to ensure that the Corporate Social Responsibility (CSR) as per the legal provision are effectively implemented for the shake of protection of best interest of the very young children, welfare of the working mother and also for promotion of good governance:

ISSUES

A. It will be mandatory for every Mines owner to provide Crèche facilities to the children upto age of 6 years of the working women.

B. Every Crèche shall have a clean and sanitary latrine and bathroom, adequate safe drinking water, supplementary nutrition, medicines, beds, toys and medical check-up for the children and nursing mothers.

C. Periodically visit and monitoring of the crèche facilities should be undertaken by the Directorate of Mines.

D. The mines authorities will ensure that the crèche facilities have been strictly implemented by every mines owner.

E. In case there is found any latches or negligence to provide crèche facilities, the licence granted to the respective mines is deemed to be cancelled.

F. Every mines owner will submit quarterly report to the mines authorities explaining the details and steps taken to implement the crèche facilities for the supervision of the authorities.

G. Effective measures should be taken by both the mining department and mines owners for proper implementation of Mines Crèche Rules.

10. That, the petitioner brings the above facts to the notice of the Hon’ble commission for its sympathetic consideration as the Commission rightfully considers a very important aspect of Corporate Social Responsibility (CSR) in course of hearing legal issues pertaining to mining allotment.

11. That, unless a matter like crèche facility for young children below the age group of 6-years of mother working in mines is taken into due consideration at this stage of hearing of the case, the issue of young children would be ignored from the entire process of rendering justice and the best interest of young children will be overlooked.

P R A Y E R

In the above facts and circumstances along with considering the legal provision of crèches facilities for children in mines, it is humbly prayed to pass appropriate order/recommendation for strict compliance of the legal provision made under Mines Crèches Rules, 1966 as a major aspect of Corporate Social Responsibility (CSR).

And further recommend the issues mentioned in Para – 9 are to be included as part of the Corporate Social Responsibility (CSR) for the best interest of the children.

Dr. Bikash Das,

President

Date: 19.4.13   Committee for Legal Aid to Poor (CLAP)

And Convenor, Odisha FORCES

367, Markatnagar, Sector – 6, C.D.A,

Cuttack – 14, Odisha, India

AFFIDAVIT

I, Dr. Bikash Das, aged about 43 years, S/o Late Shyam Sundar Das, President of Committee for Legal Aid to Poor (CLAP), AT: Plot NO. 367, Markatnagar, Sector – 6, PO: Abhinaba Bidanasi, PS: Markatnagar, Town/Dist.: Cuttack do hereby solemnly affirm and state as follows:

1. That I being president of CLAP presenting this petition before this Hon’ble commission.

2. That the facts stated above are true to the best of my knowledge and belief.

Identified  by

Advocate           Deponent

Cuttack

Date: 19.4.2013

 

#India- MP minister justifies number of rapes to total population #WTFnews


, TNN | Apr 21, 2013,

MP minister justifies number of rapes to total population
Women activists of BJP remove police barricade outside UPA chairperson Sonia Gandhi‘s residence during a protest against the rape of of the 5-year-old girl in New Delhi.
BHOPAL: At a time when the whole nation is outraged by the alleged rape of a 5-year-old girl child in New Delhi, a Madhya Pradesh minister went on record claiming the number of rapes as still less when compared to the total population.While Delhi‘s 5-year-old is under medical treatment in AIIMS, another little girl of her age from Madhya Pradesh is still fighting for her life in a hospital in Nagpur. The second child, also a victim of gang-rape, from Ghansor in Sheoni was flown out in a critical condition to Maharashtra for treatment. Her condition is critical.

But an insensitive minister of state for urban administration and development, Manohar Utwal, on Saturday said, “Evaluating the population of the Madhya Pradesh, the number of rapes is not that high.” Madhya Pradesh continues to be the rape capital of the country with the National Crimes Record Bureau (NCRB) revealing the largest number of the heinous offence being reported in the state. In 2011-12, NCRB records showed a total 3,406 rapes in the state.

Speaking to reporters in Jaora town in Ratlam district, the minister justified, “In a state where total the population exceeds 7.5 crore, only 4,500 rapes have been reported this year.” He further defended that rape statistics is high in Madhya Pradesh because the police diligently records every complaint.

Manohar Utwal’s inconsiderate comment comes less than a week after an MP cabinet minister Vijay Shah was sacked for making sexist remarks against chief minister Shivraj Singh Chouhan‘s wife while addressing a students’ gathering in the tribal dominated Jhabua district. With such reckless anti-women observations coming from state ministers, the Congress opposition in Madhya Pradesh isfurious.

Congress’ leader of opposition Ajay Singh on Sunday said, “By the way the state ministers are speaking, it is clear that the BJP government has no respect for women and have no intention or desire to protect them. To compare the population of the state to the number of rapes and justify the crime just brings out the BJP’s anti-woman mentality.”

 

Mumbai – Two held for allegedly raping bar dancer #Vaw


rape11

, TNN | Apr 22, 2013,

MUMBAI: The Pant Nagar police recently arrested two people allegedly for gang raping and robbing a 21-year old bargirl after spiking her drink. A bargirl was also arrested for aiding the accused in committing the crime. The accused picked up the victim girl from Pantnagar locality in Ghatkopar (East) on March 18 on pretext of attending a party and took her to a hotel in Thane where she offered drinks which was spike before raping her and made away with her jewelleries.

Police arrested Ali Shah (30), Tariq Ansari and Ruksana Shah alias Priyanka (21) based on the vicitm’s complaint. “The victim and Shah works as bar dancers in Sandeep Bar located in Kurla (West). Few days ago Shah told the victim that March 18 is her birthday and she has organized a party in a Hotel in Thane. She lured Asha that many rich people will attend the party and she can make good use of the opportunity. Shah also told Asha to wear expensive clothes and jewelleries to attract customers. The victim agreed to go with her,” said a police officer.

On March 18, Shah along with her boyfriend and his friend, picked up the victim Asha from Ghatkopar (west) bus depot and took her to a hotel at Thane-Ghodbuner road. In the hotel room, accused discretely laced the victim’s drink with sedatives and after she loses conscious in the night they raped her. Accused then took all the jewelleries.

Investigators said later in the night accused dropped victim to her resident at Parksite. Asha was sleeping the whole day of March 19, but when she did not awake next day her uncle suspect something fishy and rushed her to a private hospital. When she gained conscious she experienced severe pain in her private parts and narrated entire incident to her uncle.

 

Loud and clear: Bangladeshi youth choose their platform


 Dhaka Tribune, April21, 2013

The next generation has found its voice through the Internet


  • Photo- DhakaTribune

I never knew how active Bangladesh, as an entire country, was virtually until the Shahbag story broke out on social media this year. You can have your opinions about the movement, be dismissive or inspired, but one thing few can argue is that online activists played a critical role in using the Internet to organise and spread the story, and got thousands of young Bangladeshis to work together.

The role technology is playing in current events in Bangladesh is revolutionary. It was Bangladeshi online activists and bloggers who first protested Kader Mollah’s verdict, demanding the death sentence, used social media to spread the word, and staged sit-ins. That set off the series of events which have brought us to the present day. The recent crackdown on bloggers confirms the power online activism enjoys.

The participation of women in this movement is also unique. Many attribute this to the fact that women in Bangladesh have been organising at the grassroots level for decades. Seeing female leadership in Bangladesh is not really something new to us, despite our patriarchal cultural roots. We have managed to have women in major leadership roles across the board. The Arab Spring may have showed the world how to use social media to build one’s political platform, but this generation of Bangladeshis showed the nation, and the world, how to use the Internet to try to finally gain closure from a bloody Liberation War from which the nation is still struggling to fully recover.

The view from abroad as a Bangladeshi was electrifying. Almost immediately my Facebook and Twitter feeds became consumed with the word “Shahbag.” It did not take long to figure out what my fellow Bangladeshis were talking about, or reach across the oceans and find one another.

As the “Western media” grappled with why thousands of youth were pouring into Dhaka’s streets, and holding images of the hang-man’s noose, Bangladeshis from Dhaka to Dallas were tweeting one another, connecting online, and reaching out to Bangladeshi writers around the world to ensure accurate coverage of Shahbag in the mainstream media.

In the first few weeks of the Shahbag story, my posts were a direct result of the information I received from my social media contacts. Those who reached out to me did so to get the word out on a story that was largely being overlooked and misinterpreted. People I had never met were emailing me links, articles, and pictures to tell the world that the youth in Bangladesh would not sit idly by, while politicians paved their future without their participation. Bangladeshis, in Dhaka and across the world, were creating uproar on the streets of Dhaka and in the pathways of the Internet. The energy was palpable, and I felt an instant patriotic connection with my fellow Bangladeshis, a majority of whom were people I had never met.

Although millions of people organise nearly millions of causes every day online, I had never experienced this camaraderie amongst my fellow countrymen. I grew up being told that my generation was passive and uninterested in the future of our country. As our parents recovered from 1971, we grappled with a Bangladesh in many ways at war with herself.

What the Shahbag movement showed me, as a Bangladeshi not living in Bangladesh, is that my generation is informed, politically aware, protective of its history, and is online. It showed me that we are not apathetic about the future of Bangladesh. We may have fallen into a coma spanning four decades since 1971, but the youth of Bangladesh, across the world, are awake. Barriers that separate Bangladeshis across social customs, class and gender all seemingly disappear online. When “Internet trolls” harassed female writers online, myself included, fellow Bangladeshis I had never met came to my defence. Sometimes groups even organised online to stand up for us, and defend our work.

So, while what is being done is nothing new, what is exciting is that Bangladeshi youth are doing it, too: Using the Internet to connect and communicate so as to cultivate a better path for the future of this country.

This generation of Bangladeshis understand the power of online organising and is using it. Call me idealistic and naïve, but it is so electrifying and inspiring that it makes me believe and want to work for the kind of Bangladesh whose dream we keep nestled deep in our hearts.

By positioning themselves at the forefront of these protests, Bangladeshi women and Bangladeshi youth are using their voices, and breaking an age-old myth that this generation is voiceless when it comes to our country’s politics and future. Shahbag changed all that. The voice of the new generation of Bangladeshis is informed, organised, aware, active and online. The question is: Are you listening?
Anushay Hossain is a Bangladeshi born-Washington based policy analyst. She writes the blog, Anushay’s Point (www.AnushaysPoint.com)

 

Narendra Modi and Gujarat’s failure on riots figures in US report


 Narandra Modi's Vibrant Gujarat Story: Propaganda vs Fact #mustread

PTI | Apr 22, 2013, 12.40 AM IST

WASHINGTON: India‘s civil society continues to express concern over the Gujarat government’s failure to protect people or arrest those responsible for communal violence in 2002, a US report on human rights has said.

The report, titled ‘Country Reports on Human Rights Practices for 2012′ released by the US state department, as mandated by the Congress, says human rights groups continue to allege that investigative bodies in their reports showed bias in favour of Gujarat’s chief minister Narendra Modi.

The chapter on India in the report runs into 60 pages, according to which the most significant human rights problems in India in 2012 were police and security force abuses including extra-judicial killings, torture, and rape; widespread corruption at all levels of government, leading to denial of justice; and separatist, insurgent, and societal violence.

“Other human rights problems included disappearances, poor prison conditions that were frequently life-threatening, arbitrary arrest and detention, and lengthy pretrial detention. The judiciary was overburdened, and court backlogs led to lengthy delays or the denial of justice,” said the report which was released by US secretary of state John Kerry on Friday.

“Authorities continued to infringe on citizens’ privacy rights,” it said. “Law enforcement and legal avenues for rape victims were inadequate, overtaxed, and unable to address the issue effectively,” the report adde

 

Parallel hearings on khaki reforms after cop excesses #policereforms


, TNN | Apr 22, 2013, 12.45 AM IST

 
NEW DELHI: Even as the police reforms issue has been lying dormant before a bench headed by Chief Justice of India Altamas Kabir, anotherSupreme Court bench, this one headed by Justice G S Singhvi, has taken up the same matter with visible urgency. Responding to police excesses, Singhvi intervened in the implementation of the 2006 judgment on police reforms, although such monitoring had been done throughout by a succession of CJIs.

Thanks to Singhvi’s activism, all the states and union territories, which have been dragging their feet for years, suddenly find themselves accountable at the same time to two different benches.

Singhvi’s bench is also pushing them harder as it has already held three hearings this month, since it had ordered the states and UTs on March 11 to file affidavits within two weeks on the implementation of the six directions in the 2006 verdict. The next hearing before it is on April 25, when the petitioner in the original police reforms case, former DGP of UP and BSF Prakash Singh, is due to give his assessment on the glitches in the implementation of the first direction, namely, the creation of the state security commission to insulate the police from political interference.

In contrast, Kabir’s bench has heard the case only once ever since he had assumed office as CJI in September 2012. In that solitary hearing which took place in October, Kabir, however, steered clear of the contempt proceedings which had been initiated against four major states by his predecessor, Justice S H Kapadia. Rather than building on the progress made in the case by earlier CJIs, Kabir’s bench issued fresh notices to all the states and UTs for their status reports. The matter has since been listed thrice (the last time being on April 16) but Kabir’s bench never got around to hearing it on any of those occasions.

Meanwhile, the provocation for the entry of Singhvi’s bench into this case was a couple of police excesses in March on successive days: Punjab police beat up a woman in public in Taran Taran while their Bihar counterparts lathi-charged a procession of contractual teachers. On March 6, Singhvi’s bench took cognizance of the press reports on those two incidents and appointed senior advocates Harish Salve and U U Lalit as amicus curiae. Five days later, this suo motu intervention into two specific instances of police highhandedness enlarged into parallel proceedings on police reforms. Besides giving notices to all the states and UTs, the bench comprising Justices Singhvi and Kurian Joseph appointed two more amicus curiae: Prakash Singh and attorney general G E Vahanvati.

This unforeseen development has raised expectations that the Supreme Court would at last pursue the police reforms implementation with the seriousness it deserved. Given the difference individual judges could make, civil society activists hope that Singhvi would help break the deadlock on police reforms before his retirement by this year-end. Since Kabir himself is due to retire in July shortly after the summer break, it remains to be seen if he would formally transfer the police reforms case to Singhvi’s bench, to end the anomaly of parallel proceedings.

 

CAG reports increase of 41 per cent in the market borrowing in 2011-12 , Gujarat #Narendramodi


 

Modi’s Pals

CAG report indicts the Gujarat government for showering undue favours to corporate groups leading to massive losses
Himanshu Upadhaya Bengaluru

While Narendra Modi’s apologists will selectively quote from the latest CAG audit report on state finances that revenue earning has registered an upswing, they will compulsively forget that “the fiscal deficit of Rs 11,027 crore in 2011-12 was met out from a net borrowing of Rs 15,083 crore”. The CAG has remarked that “an increase of 41 per cent in the market borrowing in 2011-12 over previous year for financing the deficit would lead to increased interest burden for coming years”.

Reporting its findings from the Performance Review of Management of Government Land, CAG has severely indicted the Gujarat government for extending favours to corporate groups such as Larsen and Toubro (L&T), Adani, Reliance Industries Limited (RIL) and Essar. The auditors asked for the files relating to 1,262 cases of allotment and regularization of encroachment approved by the government during 2006-07 to 2010-11. However, they were given access to only 594 case files.

According to CAG report for the year ended March 31, 2012, Gujarat State Petronet Limited (GSPL) was responsible for deviation from the agreed terms of recovery of transportation charges for transportation of gas from the specified entry point of the company’s pipeline network; this led to passing of undue benefit of Rs 52.27 crore to RIL.

In April, 2012, CAG auditors sought the reasons for non-production; there was deliberate evasion. The audit mentions that a file on a company called ‘GIFT’ was not produced.CAG has highlighted breach of allotment conditions by the Mundra Port and SEZ Ltd stating that only 98.66 lakh sq m out of 5.47 crore sq m were used by the company till December 2011, while land was allotted from 2005 to 2007. CAG reminded the land revenue department that the collector is empowered to either levy penalty or take back the possession of the land. There was no response. Is this because a corporate entity is too close to Modi?

The performance audit highlights the allotment of 8,53,247 sq m land at Hazira to L&T  for setting up facilities for manufacture of Super Critical Steam Generators and Forging Shop for a Nuclear Power Plant. While the District Land Valuation Committee (DLVC) had recommended the rate as Rs 1,000/1,050 per sq m, the State Land Valuation Committee (SLVC) had recommended Rs 2,020 per sq m in September 2007.

The cabinet in February 2008 granted a special concession of 30 per cent on the value of land fixed by DLVC and allotted the land at Rs 700/735 per sq m. L&T applied for 12.14 lakh sq m for expansion of the project in August 2009 even as DLVC fixed the rate for land at Rs 2,800/2,500/2,400 per sq m. As per the laid down process, the revenue department should have gone for SLVC fixing the rate, but in consultation with principal secretary, finance department and chief secretary, it proposed to apply the same concessional rate of Rs 700 per sq m and the cabinet allotted 5,79,577 sq m of land.

Not only did this resulted in the loss of revenue worth Rs 128.71 crore to state exchequer, this also set in a ripple effect where corporates that have been sitting on encroached government land in the vicinity at Hazira came forward to get the occupancy regularized at ‘concessional’ rates. By applying similar rates to Essar Steel, the department inflicted a loss of Rs 238.50 crore and extended undue benefit to Essar.

CAG’s audit points out how K Raheja Corporation Pvt Ltd was allotted grazing land for the construction of an IT park in Gandhinagar district and was allotted 3,67,581 sq m of land at the rate of Rs 470 per sq m, which resulted in short recovery of Rs 9.96 crore. CAG has argued that it should been levied Rs 705 per sq m in this case.

While they allotted 30,54,915 sq m of land to Essar Power Gujarat Ltd in the vicinity of a highway in Jamnagar for a power project, they levied Rs 80 per sq m instead of Rs 107 per sq m. The department accepted the mistake in a correspondence in June 2012; it added 30 per cent for highway approach, but sought to gave the corporate group a concession by allowing a 30 per cent deduction by stating that the land was of smaller area!

The audit report on Public Sector Undertakings (PSUs) states, “A review of last three years’ audit reports of the CAG shows that in the state, PSUs’ losses of Rs 4,052.37 crore and infructuous investment of Rs 166.77 crore were controllable with better management. There is a need for greater professionalism and accountability in the functioning of PSUs… The above losses pointed out are based on test checked audits of PSUs, and the actual controllable losses could be even higher.”

From the print issue of Hardnews :

APRIL 2013

 

India has a flawed notion of mercy #deathpenalty


By RAJEEV DHAVAN

PUBLISHED: 20:47 GMT, 21 April 2013

The quality of mercy varies from person to situation, but it is for all: the preferred rich and the unpreferred poor.

Dispensing mercy is a compassionate art with which India is out of touch. From 2001-2011, the death penalty was finally awarded to 1,455 persons. The higher courts commuted 4,321 death sentences into life imprisonment.

Delhi saw the judiciary commuting 99 per cent of the death penalties (2,462 cases). The commutation in other states was less dramatic – J-K (18), UP (458), MP (62), Bihar (343) Maharashtra (175), Jharkhand (300), Chhattisgarh (24), Assam (97), Odisha (68), Punjab (24), Rajasthan (33), Kerala (23), Tamil Nadu (24), Uttarakhand (46).

A flawed notion of mercy

The story is uneven, the data incomplete. But, it shows that the “rarest of rare” formula is not fully understood by the sessions or even higher court judges.

It is so easy to interpret the ‘rarest of rarest’ as including incessant killings, brutal deaths, torture and gender violation. These have become inflexible categories beyond interpretation.

As soon as trial judges find that a case falls in these broad categories, they award the death penalty. In at least half the cases, the death sentence is commuted by the High Courts. Then the issues get narrower as we go to the Supreme Court, which has a confused record veering towards the death penalty in terrorist and gruesome cases.

By the time the matter reaches the President, the decision becomes political and taints mercy.

Formula

A huge amount of time elapses between the criminal ‘event’ and the death penalty. In the Bombay blasts, the interval was two decades. In the Parliament case, more than a decade. On 6 April 2013, the CBI Court awarded the death penalty to three policemen 31 years after the fake encounter case in the Gonda district of U.P.

What happened during these years? How do you judge culpability three decades old? Or apply the ‘rarest of rare’ formula?

This is an important flaw in the ‘rarest of rare’ formula. When do you apply it? In relation to the criminal event? The trial court’s decision? The High Court‘s decision? The Supreme Court’s decision? At judicial levels, the decision is ‘event-based’ – with very little allowance for repentance in sentencing.

Beyond the judicial level, the same “event based” formula is applied in pardon cases with a political twist. Communal voices ask for death – wondering whether Caesar will put his thumb up or down. The crowd or the populace roars for death. It is a brave Caesar or President to turn down the crowd or the politics of the aftermath. The discourse on mercy is eclipsed.

Our system is no better. But to return to the question of when we apply the ‘rarest of rare’ formula. Is it essentially “criminal event” based? But does nothing change over time? Remember Heraclitus saying: “You cannot cross the same river twice.” And Cratylus adding: “You cannot even cross it once.”

Ten years is a long time. Twenty or thirty years, even more. Will we always judge the crime and never the person? Or a person as an adjunct to the crime? Must all Pakistani Kashmiri militants die? They will not retract from their beliefs. But over time, they change – some repent, some cannot say that they do.

The mercy of the presidential office has become irrelevant. The Supreme Court’s reprieve from President Pranab Mukherjee’s refusal to pardon 8 persons was brief. At this post-pardon stage, the Supreme Court limits its inquiry to whether the President acted malafide.

Significantly, Pranab’s predecessors forced the Home Minister to think. President Patil rejected 3 pleas in 5 years including in the Bhullar car bomb case of 1993, Rajiv’s killers, and a beheading incident. Kalam rejected Dhananjoy’s pleas from Calcutta. Narayan rejected no mercy pleas. The present presidential dispensation refusing pardon for death row is inexplicable. The system is all wrong, its understanding of mercy and just punishment too limited. Mercy is about the person not just the event.

Sanjay Dutt

Granted more time: Actor Sanjay Dutt during shooting of the film 'Policegiri' at a studio in Mumbai Granted more time: Actor Sanjay Dutt during shooting of the film ‘Policegiri’ at a studio in Mumbai

The bottom line is: we have a system of punishment but not mercy, of legicide by the state, but little or no reprieve. There is parole for those serving sentences. Only silence for the dead.

The latest twist in the Sanjay Dutt case, giving him time for four weeks, must make us think. The good part is that before imprisonment everyone has unfinished business. More important than Sanjay, a woman who has to make provision for her children, or for the old. A sick person whose needs hospital treatment. In this list, the businessman or actor who has to fulfill a contract must come lower down.

But what the Sanjay precedent suggests is the need for a new penology so that everyone is allowed a furlough to complete some part of their unfinished obligations before their prison sentence. The bad part of the Sanjay decision was that it gave the impression of favouring the rich and famous.

Impact

We are a troubled and violent society. Awarding death sentences adds to the violence without deterrent effect. The proof is that thousands of homicides are un-reported. Violence is unabated. If India decides that punishment deserves that a tooth must be broken for a tooth, the incidence of death penalty will increase to no avail.

Our retributive system of punishment looks at the crime and extracts revenge: usko zinda matt chodho (don’t let him live). Then, the state assumes a right to kill, rightly denied to its citizens. Our system lacks mercy and, therefore, justice.

The writer is a Supreme Court lawyer

Read more: http://www.dailymail.co.uk/indiahome/indianews/article-2312545/India-flawed-notion-mercy.html#ixzz2RBjLdArm
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