#India- Cop to woman: Who will rape you at your age? #Vaw #WTFnews


, TNN | Mar 23, 2013, 03.47 AM IST

A Dalit woman, who petitioned a senior Uttar Pradesh Police officer seeking registration of her rape complaint, was told that her’s was not an age to be raped.

Caught on camera: UP cop insults rape victim

Caught on camera: UP cop insults rape victim
LUCKNOW: An additional superintendent of police (ASP) in Deoria district refused to entertain the rape complaint of a housewife merely because she was over 35 years of age. To add to the insensitivity, the officer said: “Who would rape such an old woman?”

Coming at a time when Uttar Pradesh chief minister Akhilesh Yadav is struggling to counter mounting pressure from all quarters over the deteriorating crime scene in the state, the incident has touched a new low. DGP A C Sharma expressed regret over the conduct of his subordinate and IG (crime) RK Vishwakarma said an explanation had been sought from the officer within 48 hours. “Action will be initiated for making such unwanted and ridiculous comments,” said Vishwakarma.

On Wednesday night, a housewife was allegedly assaulted and knocked unconscious by a local villager while she was going to the farm fields to relieve herself. When she regained her senses, she found that she had been raped. She reached home and informed her husband about it.

Early next morning, the couple when to the local Bankata police station in Deoria district to register a complaint against a local youth Santosh Singh. Allegations are that the couple returned home after being informed that the senior officers will contact them once the preliminary inquiry into her complaint was completed. “When no one came, we decided to approach the cops at the police station once again because I wanted them to get my wife medically examined to secure any possible evidence of crime. We were shown the door at the police station,” said the victim’s husband.

The couple then approached Deoria ASP Keshav Chandra Goswami at his office. They were made to wait for more than three hours before the officer finally agreed to meet them while he was walking out of his office. The victim’s husband tried to brief the ASP about his complaint when he was interrupted by the office: “How many children does she have?” he questioned her husband. When he said that they had three children, the officer asked him “What is the age of her eldest child?”

“Her eldest child—a daughter—is around 15 years of age,” the victim’s husband said. “Now, who will rape such an old woman? There must have been some other dispute behind the whole story…we will get it inquired,” the ASP said and instead of directing the Bankata police to register a case on the victim’s complaint and initiate action against the accused, got into his official vehicle and left, apparently unaware that the entire conversation had been recorded by somebody standing nearby.

Once the incident was aired by a local news channel, the police top brass in Lucknow took note of it. On the directions of the DGP, the IG (crime) directed the Deoria police to register a rape case while the ASP was asked to explain his conduct.

Mumbai – Bouncer who protested rape bid murdered #WTFnews


By, TNN | Mar 17, 2013,

Bouncer who protested rape bid murdered
The Mahatma Phule police, on the basis of Abdul’s dying declaration, registered a murder case against prime accused Sadiq Shaikh (18), besides Shamsuddin Shaikh (21), Jameer Kadar Shaikh, Sameer Sayyed, Subhash Malbari and Sumit Prajapati.
MUMBAI: Haji Abdul Gaffar Shaikh, a 33-year-old bouncer, was brutally attacked by six men late on Friday night in Kalyan (West) for protesting against a teenager’s bid to rape an 11-year-old girl in the neighbourhood last week. The father of two young children, Abdul succumbed to his injuries early on Saturday.

The Mahatma Phule police, on the basis of Abdul’s dying declaration, registered a murder case against prime accused Sadiq Shaikh (18), besides Shamsuddin Shaikh (21), Jameer Kadar Shaikh, Sameer Sayyed, Subhash Malbari and Sumit Prajapati. Shamsuddin has been arrested, the others are absconding.

The family of a minor girl, who was saved by neighbours when Sadiq was allegedly dragging her to the terrace with the intention of raping her on March 4, has also given its statement to the police. The incident seems to have set off the revenge saga. Hearing the girl’s screams, neighbours had rescued her and slapped Sadiq. The victim’s family did not file any police complaint at the time to avoid attention. Instead, a meeting of community members was called. Abdul, who lived in the next building, was incensed and slapped Sadiq at the meeting.

Abdul’s mother, who lost her husband seven years ago, still can’t believe her son was killed for raising his voice against a man who tried to rape a minor. “When my son learnt of Sadiq’s behaviour, he got very angry as he also had a young daughter. It was the reason why he went to the meeting and slapped the accused, warning him not to repeat the incident,” said a tearful Shahnaj, adding, “We want maximum punishment for them.”

Abdul told police in his dying declaration that he was returning home on his motorcycle on Friday from work at around 11.15pm, when he realized a vehicle was following him. As he slowed down at a speed-breaker near Kala Talao, some men came out of the car and attacked him with swords and choppers. Perhaps because he was a powerful man, the attackers first hacked four of his fingers to ensure he couldn’t fight back and then stabbed him seven times. Some people who later saw him lying in a pool of blood informed his relatives. He was taken to the private Shreedevi Hospital and later shifted to AIMS Hospital in Dombivli, where he died of his injuries at 1am on Saturday. “We have formed two teams to nab the accused,” said inspector Manoj Nerlekar. A crime branch team has also joined the hunt.

Abdul held two jobs to support his mother, six-year-old daughter and five-year-old son. His younger sister Rehana too, said the men deserved maximum punishment. “They should be hanged. If released, they will repeat their crimes,” she said. His elder sister Zarina said, “After my father’s death, he took the family’s responsibility and got all sisters married.”

Abdul’s wife separated from him two years back.

Past Attacks

December 3, 2012: Santosh Vichivara (19), was stabbed to death by four youngsters, including three minors, outside the gate of his housing complex in Dombivli for protesting against the lewd comments they were passing at a girl frm the same complex

October 20, 2011: Keenan Santos (24) and Reuben Fernandez (29) were brutally beaten and stabbed by a group of men near a paan shop in Amboli, Andheri (W), when they protested against those men harassing their women friends. They succumbed to their injuries

 

#India – Uttar Pradesh engineer is first to be booked under new stalking law #Vaw #Justice


20-year-old would harass Bhayandar woman, who used to be his neighbour, with lewd late-night calls

 

Ram Parmar, Mumbai Mirror March 16,2013

 

 

A 20-year-old engineering student from Uttar Pradesh has been arrested by the Navghar (Bhayander East) police for stalking a married woman who used to live next door to him in Varanasi. Vishal Verma is the first suspect to be charged under the new Section 354-D (stalking) of the Indian Penal Code, which is now a non-bailable offence.

Verma, a first-year engineering student at IIMT Engineering College, Meerut, and a resident of Varanasi, first met the woman when she was unmarried. He became infatuated with her and his obsession continued even after she got married and moved from Varanasi to Bhayandar. Inspector Dinkar Pingle of Navghar police station said Verma would telephone her late at night and harass her, asking her for “kisses” over the phone.

On February 21, Verma again called the woman to profess his love for her and said he would come down to Bhayander to meet her. He asked her for a kiss, at which the woman slammed the phone down. Verma continued to telephone her, but she ignored his calls. “Finally, the woman registered a complaint with us on March 3 and we started to investigate the matter,” said Inspector Pingle. “We sent a team to Benares, which arrested Verma and charged him under the new Section 354 (D) of the IPC,” added Pingle. Since it is a now a non-bailable offence, Verma has been remanded in police custody till Monday, when he will be produced before the Thane Sessions Court.

 

 

Draft manual for docs bans word ‘rape’, two-finger test #Vaw #sexualassault #Goodnews


Rape

In the first detailed manual for medical examination of rape victims, the Health Ministry has advised doctors not to use the word rape as it is “not a medical diagnosis but a legal definition”.

It has also asked them not to identify a victim as “habituated to sexual intercourse” as this amounts to unlawful interference in her privacy and therefore a violation of her human rights. “Rape is not a medical diagnosis, it is legal definition. Hence word “rape” should not be used while forwarding opinion… Even he/she should not depose on the same issue. Do not identify victim as “habituated to sexual intercourse” on the basis of findings of finger test as (it) is unlawful interference with her privacy and unlawful attacks on her honour and reputation and is violation of her human rights,” says the manual.

It will also mentions that in the prosecution proceedings for sexual assaults, prior sexual experience is irrelevant as the issue at hand is consent or lack of it. The manual also forbids the use of the two-finger test on the same ground.

This is the first time the Department of Health Research has attempted to draw up a comprehensive manual for examination of victims of sexual crimes in consultation with experts and framed guidelines on what the conclusions should be for a given set of observations.

It has now invited public comments on the draft.

 

#India- Proposed criminal law makes acid attack, voyerism ,stalking criminal offences #Vaw


 

 

Cabinet clears Bill to tackle crimes against women

 

 

A man plays the guitar during a protest against the Dec 16 Delhi gangrape.A man plays the guitar during a protest against the Dec 16 Delhi gangrape.
A man plays the guitar during a protest against the Dec 16 Delhi gangrape.

 

 Agencies, march 14, 2013

 

 

A Bill providing for stringent punishment for crimes against women, including rape, and also defining acid attack, stalking and voyeurism as criminal offences, was today cleared by the Union Cabinet.

The Criminal Law (Amendment) Bill, 2013 also lowers the age of consent for sex from 18 to 16 years and makes ‘rape’ as a gender-specific offence under which men only can be charged for it.

The Bill, brought against the backdrop of the December 16 Delhi gangrape, provides for minimum jail term of 20 years for rape which may be extended to ‘natural life’ of the convict in jail.

There is also provision for death sentence if the victim dies or is left in a ‘persistent vegetative state‘.

Stalking, voyeurism have been defined as criminal offences in the bill. Sustained stalking will be a non-bailable offence.

The Bill had divided the Cabinet at its special meeting on Tuesday and was referred to a Group of Ministers (GoM) to sort out differences on various aspects of the proposed law.

The GoM finalised the draft yesterday amidst the government’s keenness to expedite the bill that will replace an ordinance promulgated on February 3.

The bill uses the term ‘rape’ which will be gender- specific, in contrast to the gender-neutral ‘sexual assault’ as proposed in the ordinance.

The bill also lowers the age of consent for sex from 18 to 16 years. In the ordinance, it was 18 years.

The measure, on the lines of the ordinance, has not touched on the issue of making marital rape a separate offence.

Women and Child Development Minister Krishna Tirath, who has been opposed to lowering the age of consent to 16 years, is learnt to have raised the issue again in today’s Cabinet meeting, sources said.

The issue of age had led to lengthy inter-ministry consultations with some arguing that it should not be reduced.

Sexual intercourse below the age of consent is considered statutory rape.

The government decided to drop the term ‘sexual assault’ and replace it with ‘rape’ following demands by women’s rights groups who had maintained that laws should be more gender sensitive than gender neutral.

Defining acid attack as a separate IPC offence, the bill proposes a punishment of not less than 10 years to a maximum of life imprisonment, the sources said.

Repeat offences of voyeurism, inappropriate touch, gesture and remarks have been recommended as non-bailable offences, they said.

Provisions seeking strong action against those filing false complaints were dropped from the draft bill yesterday as there was consensus in the GoM that existing provisions under the Indian Penal Code (IPC) were adequate to deal with such cases and it was only a matter of enforcing them, the sources said.

The other proposal in the measure is understood to be on replacing the provision in the ordinance which has prescribed life imprisonment as the maximum punishment for those in authority committing rape. Now, a person in authority convicted of rape will have to spend rest of his “natural life” in jail.

A person in authority has been described as a police officer, a personnel of the armed forces, a doctor or a staffer of a hospital, a jailer or a warden of a remand home.

A fresh proposal now makes it mandatory for all government and private hospitals in the country to provide free medical treatment to women victims of any form of sexual violence.

Hospitals and similar facilities will not have to wait for the police. They can straight away start treatment after informing the police.

The refusal to do so will now be a criminal offence and will attract a one-year jail term for senior functionaries and the staff on duty of hospitals found guilty of turning away victims of sexual violence needing immediate medical care.

The bill has to be approved by Parliament before its recess from March 22, failing which the ordinance it proposes to replace would lapse on April 4.

Against the backdrop of some parties such as the Samajwadi Party having serious reservations on certain provisions of the ordinance claiming they are prone to misuse, the government has convened an all-party meeting next week to discuss the bill cleared by the Cabinet today.

 

Read more at:http://indiatoday.intoday.in/story/cabinet-clears-bill-to-tackle-crimes-against-women/1/257909.html

 

 

 

Bombay High court issues circular on sexual assault cases #womensday #justice


Women on Top: How Real Life Has Changed Women'...

 

High Court, Bombay
No.RG-1611-
of 2013
CIRCULAR
Directions have already been issued to assign cases involving
sexual assault against women exclusively to the Courts presided over by
women Judicial Officers in your District/ establishment.
It is a settled law that cases involving sexual assault against
women are required to be dealt with greater sensitivity.
In these cases, women are the victims of crime and for the
purpose of enabling victims to give their evidence in a stress-free
atmosphere and without any fear or embarrassment, it is desirable that all
staff members i.e. Bench Clerks, Stenographer, Interpreter, Typist-cum-
Clerk, Havildar/Peons, are all women.

 

8th March being a Women’s Day, the Hon’ble the Chief Justice
has directed that the above instructions be implemented immediately from
tomorrow, the 8 th March, 2013, itself.

( S.B. Shukre )
Registrar General

 

#India- BILL VS ACT: Confusion over sex crime laws #Vaw #Womenrights


Manoj Mitta | TNN

Persisting differences within the Cabinet on the rape Bill will not just make it harder to replace the ordinance on rape laws before it lapses in less than a month (April 4)—the government may also have to amend the Protection of Children from Sexual Offences Act (PCSO) which was passed by Parliament just 10 months ago. This is because the differences over the rape Bill, however they are resolved within the Cabinet and in the two Houses, are unlikely to remove all the anomalies thrown up by the hurriedly drafted ordinance promulgated last month following the outrage over the Nirbhaya gang rape.
The inconsistencies between the sexual offences pertaining to adults and children underscore the failure of policymakers to think through the provisions. Consider the extent of the legislative mess that remains to be cleared on so crucial an issue as gender crimes.
AGE OF CONSENT|This is one of the sticking points because PCSO had, in a controversial move, raised the permissible age for consensual sex from 16 to 18 years. Then, in a bid to make the statute book consistent, the government introduced a legislative proposal on December 4, increasing the age of consent to 18 even in the general law, the IPC. But the J S Verma Committee, set up in the wake of the Nirbhaya incident, applied a corrective by recommending that the age of consent remain 16 as it has been for over seven decades. The government, however, disregarded this advice. While the parliamentary standing committee endorsed the government’s stand, feminist groups demanded that consensual sex among teens should not be criminalised unless the age gap was more than four years. The upshot is that if the government decides to retain the age of consent in IPC at 16, it will have to amend PSCO to bring it in alignment with the new policy.
GENDER-NEUTRALITY
|The government is also under pressure to depart from the radical approach adopted in the ordinance where the term “rape” was replaced with the broader, genderneutral offence of “sexual assault”. The ordinance is contrary to the Verma report as well as the demands made by feminist groups. The argument in favor of retaining the term “rape” as a crime committed by men is that the gender-neutral provision will make women, “the real victims”, even more vulnerable to sexual crimes. The possibility of counter-complaints against women would have a chilling effect on their ability to seek legal remedy after being subjected to sexual offences. If it does not abandon its gender-neutrality proposal, the government runs the risk of enacting a law that is opposed by the very section it is meant to protect.
MARITAL RAPEPCSO and the ordinance are at odds on this issue. PCSO, which applies to all children below 18, makes no exception for the rape of a girl by her husband. But marital rape is penalized by the ordinance only when the wife is below 16. The wives above 16 are statutorily barred from accusing their husbands of non-consensual sex. This one-sided restriction means that a husband can accused wife of rape while the wife can make such an allegation only if she is below 16.
LESSER PUNISHMENT FOR CRIMES AGAINST CHILDREN
This is a reversal of the global pattern of prescribing greater punishment for crimes against children. Consider some of the anomalies that need to be fixed. While the minimum punishment in PCSO for a non-contact sexual assault is seven years, the minimum in the ordinance for the same offence is 10 years. If the offender touches the private parts of a girl under 18, the punishment under PCSO ranges from three to five years. But if the victim is a woman over 18, then the punishment under the ordinance ranges from 10 years to life imprisonment.

MUDDLE GROUND

 

#India- Anti-rape law: Government to reduce age of consent from 18 to 16 #Vaw


Reported by Sunil Prabhu, Edited by Shamik Ghosh | Updated: March 05, 2013 , NDTV

New Delhi The Home Ministry has moved a note proposing tough new rape laws for the approval of the Cabinet, which is expected to take it up on Thursday. It has inputs from a parliamentary committee which had studied the new rape laws that the government cleared as an Ordinance last month. Once the Cabinet clears these proposals, they will be put before Parliament.

Here are 10 developments:
  1. There are some amendments that the Home Ministry note proposes, among them that the age of consent has been lowered from 18 to 16 years. Under the existing laws, sexual intercourse under the age of consent is considered statutory rape.  (Watch)
  2. The ministry has reintroduced the word “rape” instead of sexual assault, which the Verma Commission, set up to draft new laws on crime against women, had recommended using as one with much wider definition.
  3. The government’s decision to reject marital rape as a criminal offense has been accepted. The Verma Commission had suggested that marital rape be included as a criminal offence, but the government argued that doing so would weaken traditional family values in India, and that marriage presumes consent. Women activists have fiercely opposed the government’s stand.
  4. The ministry has also rejected the Verma Commission’s suggestion that those in the armed forces accused of rape be brought under the ambit of criminal law; the government says this needs wider consultations.
  5. It has endorsed the government’s decision to introduce the death penalty for the most extreme rape cases. The Verma Commission had suggested that life imprisonment be used for cases where women die as a result of sexual assault.
  6. The Home Ministry adds to the present law the recommendation that hospitals and nursing homes, whether private or public, will have to provide treatment to victims of rape and failure to do so will be punishable.
  7. The government had promulgated the new ordinance on February 3.  President Pranab Mukherjee gave his assent, and the provisions became the law pending approval from Parliament. The government had defended promulgating the ordinance saying there was a strong case to amend the law to check crime against women.
  8. The changed laws were based largely on the recommendations of the three-member Verma commission, headed by Justice JS Verma, which was set up after public outrage over the brutal gang-rape of a medical student in a moving bus in Delhi in December last.
  9. The provisions of the Ordinance were moved to a standing committee of Parliament made up of members of all parties to recommend changes if any. The Home Minister also held consultations with the Prime Minister before the Cabinet note was drafted.
  10. Once the Cabinet clears the new proposals, the ordinance will be repealed and a new criminal law amendment bill 2013 will be introduced. But any person booked under this present ordinance will be continued to be prosecuted under its provisions.

 

#India : Dalit woman gang-raped in front of children, husband in MP #Vaw #WTFnews


 #India- Chastity, Virginity, Marriageability, and Rape Sentencing #Vaw  #Justice #mustread

Bhaskar News  |  Mar 04, 2013,

EmailPrintComment

MP: Dalit woman gang-raped in front of children, husband

Ratlam/ IndoreA 30-year old Dalit woman suffered a serious emotional jolt, besides physical injuries, as she was raped by four men in Barodiya village in Ratlam on Friday night. The accused had allegedly threatened her husband with an axe all throughout the incident as others took turns to rape the victim.

Immediately after the heinous act, all four fled the spot but were later nabbed by local police.
According to victim’s complaint, the accused entered her hovel in a secluded field at around 2130 hours on Friday night. When the victim’s husband protested, he was hit on the face by one of the men. Subsequently, her husband and children saw the shameful act in silence as accused brandished razor sharp axes. After they left, her husband raised an alarm and all villagers gathered inside their house.

The victim was escorted to local police station by the villagers at 0230 hours in the night. The police lodged a complaint under SC/ST Act.
Following a massive manhunt, all of the four accused have been arrested.

 

#India -7- year- old girl allegedly raped in Delhi school #Vaw


INDIA TODAY ONLINE  NEW DELHI, MARCH 1, 2013 |
TAGS: Delhi rape case | Delhi Police | Violence against women
Delhi
The victim was raped by a man inside the school campus on Thursday.
A seven-year-old girl wasraped allegedly by an unidentified man inside a municipal school in the national capital, police said on Friday.The incident took place in Mongolpuri in north-west Delhi last evening and it came to light this morning when the parents of the victims approached police.

The girl received severe injuries and has been admitted to a governmenthospital.

“The victim was raped by a man inside the school campus on Thursday. Her parents approached us this morning and a case has been registered. The victim could not tell us anything about the attacker.

“We are investigating the case. We are questioning the male staff, including teachers and a guard,” a senior police official said.

Enraged over the incident, locals staged protests in the locality.

In her statement to police, the girl said the attacker was not known to her.

Demanding swift action against culprits, residents of Mangolpuri staged a three-hour demonstration outside the local police station Friday morning, leading to traffic chaos in the area. Police had to use batons to disperse the crowds.

— With agency inputs

Read more at:http://indiatoday.intoday.in/story/minor-girl-raped-in-municipal-school-in-north-west-delhi/1/252207.html

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