#India – Women in search of work being kidnapped #Vaw

जहाँ काम खोजने आए मजदूर होते हैं अगवा…

सलमान रावी

बीबीसी संवाददाता, भद्राचलम (आंध्र प्रदेश) से

 मंगलवार, 18 जून, 2013 को 07:13 IST तक के समाचार

छत्तीसगढ़ में सुरक्षा बलों और माओवादियों के बीच हो रही हिंसा के कारण बड़ी संख्या में दक्षिण बस्तर के रहने वाले आदिवासी रोज़गार की तलाश में दक्षिण भारत के विभिन्न राज्यों की तरफ रुख कर रहे हैं.

मगर इनके लिए रोज़गार की तलाश भी उतनी आसान नहीं है क्योंकि संगठित गिरोह अब इनका अपहरण कर रहे हैं और इन्हें बंधुआ मजदूर बनने पर मजबूर कर रहे हैं.

 

बस्तर से बसों में बैठकर आन्ध्र प्रदेश जाने वाले इन मजदूरों को भद्राचलम के सरकारी बस स्टैंड से 15 किलोमीटर पहले ही संगठित गिरोहों द्वारा जबरन उतार लिया जाता है.

उसके बाद इनके ना चाहने के बावजूद तमिल नाडु, गोवा, कर्नाटक जैसे राज्यों में इन्हें ईंट भट्ठों, खेतों या फैक्टरियों में काम करने भेज दिया जाता है वो भी औने पौने पारिश्रमिक के साथ.

इस समस्या नें अब इतना विकराल रूप धारण कर लिया है कि आन्ध्र प्रदेश की सरकार नें एक टास्क फ़ोर्स के गठन का निर्णय किया है. भद्राचलम के सब कलक्टर भरत गुप्ता का कहना है कि दल में सामाजिक संगठन के कार्यकर्ताओं के अलावा, श्रम विभाग और पुलिस के अधिकारी शामिल होंगे.

मन में डर

सुबह का वक़्त है और आन्ध्र प्रदेश के भद्राचलम के सारपाका बस स्टैंड पर छत्तीसगढ़ के दंतेवाड़ा से आए कुछ आदिवासी इंतज़ार कर रहे हैं.

ये लोग अपने एजेंट की राह देख रहे हैं. जो उन्हें वादे के मुताबिक मजदूरी दिलवाएगा.

कई सौ किलोमीटर के सफ़र के बाद भी थकान इनके चेहरों पर नज़र नहीं आती.

इनके सफ़र से ज्यादा तकलीफदेह वो ज़िन्दगी है जिसे वो अपने पीछे दंतेवाडा जिले में अपने गाँव में ही छोड़कर आये हैं.

मगर इस जमात में शामिल नौजवान, औरतें और बुज़ुर्ग डरे हुए हैं.

इनमे से कोई कुछ बताना नहीं चाहता.

मुझे बताया गया कि ऐसा इस लिए है क्योंकि ये सब लोग एजेंटों की कड़ी निगरानी में हैं.

‘जबरन कब्ज़े में’

कुछ ऐसा ही भद्राचलम के आंबेडकर चौक के पास का नज़ारा है जहाँ एक दूसरा समूह सुकमा से आई बस से उतर कर इंतज़ार कर रहा है.

मगर भद्राचलम का सरकारी बस स्टैंड आज आम दिनों की तरह नहीं है.

यहाँ वो मजदूर नदारद हैं जोक्लिक करें छत्तीसगढ़ से भद्राचलम होते हुए दक्षिण भारत के दूसरे राज्यों में भेजे जाते हैं और वो एजेंट भी लापता हैं जो इन्हें जबरन भेजने का काम करते हैं.

आंध्र प्रदेश स्टेट रोडवेज ट्रांसपोर्ट कॉरपोरेशन के इस बस स्टैंड में तैनात अधिकारी विजय बताते हैं कि इन एजेंटों को हमारे पहुँचने की खबर मिल गई है.

वो कहते हैं, “इन लोगों को पता चल गया है कि बीबीसी के लोग यहाँ आए हैं. इस लिए कोई भी एजेंट नज़र नहीं आ रहा है. हम यहाँ रोज़ इस बस स्टैंड पर तमाशा देखते हैं. छत्तीसगढ़ से आने वाली बसों का एजेंट यहाँ बैठकर इंतज़ार करते हैं. जैसे ही बस आती है ये लोग उनपर टूट पड़ते हैं और आने वाले आदिवासियों को जबरन अपने कब्जे में ले लेते हैं.”

‘मोटा कमीशन’

रोज़ की तरह एजेंट तो ग़ायब हैं मगर मैंने पता लगाते हुए कुछ एक एजेंटों के ठिकाने पर जाकर उनसे मुलाक़ात की तो इस पूरे मामले से पर्दा उठने लगा.

एजेंटों ने नाम नहीं बताने की शर्त पर यह बताया कि छत्तीसगढ़ से आए क्लिक करें मजदूरों का भद्राचलम से अपहरण कर लिया जाता है और फिर उन्हें बंधुआ मजदूर के रूप में काम करने को मजबूर होना पड़ता है.

भद्राचलम तक बस लेकर आने वाले एक ड्राईवर ने नाम नहीं उजागर करने की शर्त पर बताया, “अगर आपको लगता है कि भद्राचलम के बस स्टैंड पर इन्हें उतारा जाता है तो आप ग़लतफ़हमी में हैं. भद्राचलम बस स्टैंड पहुँचने से पंद्रह किलोमीटर पहले ही ये एजेंट और इनके गुर्गों से बसों को जबरन रुकवा लेते हैं और उनमे सवार आदिवासियों को उतार लेते हैं. फिर इन्हें दूसरी गाडी से वहां भेज दिया जाता है जहाँ के लिए इन्हें मोटा कमीशन मिलता है.”

‘डरा धमकाकर’

शहर के एक प्रमुख स्थान पर मौजूद मजदूर सप्लाई करने वाली एजेंसी के संचालक नें बीबीसी से बात करते हुए बताया कि कई महीनों तक मजदूरी करने की बाद कुछ मजदूरों को तो घर लौटने के लिए भीख तक मांगनी पड़ती है.

उनका कहना है कि मजदूरों की मजदूरी भी मालिकों से एजेंट ही ले लेते हैं ये कहते हुए कि जब वो काम कर वापस घर लौटेंगे तो उन्हें पैसे मिल जायेंगे. मगर जब मजदूर वापस लौटते हैं तो इन एजेंटों का कोई अता पता नहीं होता. अपने आपको ठगा हुआ महसूस कर ये आदिवासी बस संचालकों से फ़रियाद कर किसी तरह अपने गावों वापस लौट पाते हैं.

वहीं ‘सितारा’ नाम के एक जन संगठन से जुड़े डाक्टर शेख हनीफ का कहना है कि मजदूरों को डरा धमका कर उन्हें दूसरी जगहों पर मजदूरी के लिए भेजने वाले लोग संगठित होकर काम कर रहे हैं.

मजदूरों की मंडी

हनीफ का कहना है कि कुछ दिनों पहले उन्होंने कई मामले पकड़े और पुलिस की मदद मांगी.

वो कहते हैं कि उनके संस्था के हस्तक्षेप के बाद पुलिस ने कार्रवाई भी कि. मगर अहिस्ता अहिस्ता ये एजेंट फिर से मज़बूत हो गए क्योंकि ये लोग बहुत संगठित होकर काम करते हैं.

खम्मम जिला प्रशासन को अब लगने लगा है कि एजेंट भद्राचलम को मजदूरों की मंडी की तरह इस्तेमाल कर रहे हैं.

क्योंकि यहाँ ओडिशा और छत्तीसगढ़ से बड़ी संख्या में आदिवासियों का आना जाना होता है.

मानव तस्करी पर रोक

भद्राचलम के सब कलक्टर डाक्टर भरत गुप्ता नें बीबीसी को बताया कि प्रशासन नें इस तरह की गतिविधि का संज्ञान लिया है और जल्द ही एक टास्क फ़ोर्स का गठन किया जा रहा है जो इस तरह की मानव तस्करी पर रोक लगाने की दिशा में काम करेगा.

कहीं क्लिक करें माओवादी छापामारों का फरमान तो कहीं सुरक्षा बलों की हलचल से परेशान छत्तीसगढ़ के क्लिक करें आदिवासी ये सोच कर अपने आशियानों को छोड़ कर निकल रहे हैं कि उन्हें एक बेहतर ज़िन्दगी मिलेगी.

लेकिन मानव तस्करों के बड़े संगठित गिरोहों ने उनकी जिंदगियों को और मुश्किल में डाल दिया है.

इनके लिए तो ये ऐसा है कि मानो आसमान से गिरे तो खजूर पर जा अटके.

(क्लिक करें बीबीसी हिन्दी के क्लिक करें एंड्रॉएड ऐप के लिए आप क्लिक करें यहां क्लिक कर सकतें हैं. आप हमें क्लिक करें फ़ेसबुक और क्लिक करें ट्विटर पर क्लिक करें फ़ॉलोभी कर सकते हैं.)

 

Delhi High Court- Having sex with woman on false promise of marriage is #Rape #Vaw

PTI : New Delhi, Sun Jun 09 2013,

Having sex with woman on false promise of marriage is rape: High Court. (Reuters)

Having sexual relations with a woman on false promise of marriage amounts to rape, the Delhi High court has said.”Having sexual relations with a woman against her will or without her consent also amounts to rape under the IPC. If the consent was obtained on a false assurance or promise of marriage, the consent cannot be considered to be full and free and it would be a case of rape,” Justice R V Easwar said.The court made the observation while rejecting anticipatory bail plea of Abhishek Jain in a case lodged by his wife alleging that he had sex with her prior to their

marriage on the promise that he would marry her.

In her complaint, the woman also said that he married her only after she lodged the case with police against him.

“It would prima facie appear that the marriage was gone through only to persuade the complainant to withdraw her complaint of February 25, 2013.

“Immediately after the marriage, the applicant started physically abusing the complainant, apparently, in the hope that she would leave him, but when she filed a complaint, the accused was forced to apply for bail,” the court said.

The woman had filed a complaint in February, 2013 with the Rani Bagh Police Station alleging that on several occasions before the marriage, the applicant (Jain) had raped her after falsely promising to marry her.

However, on March 4, 2013, the applicant and the complainant got married at the Arya Samaj Vivah Mandir, Ghaziabad and the marriage registration was done by the

Registrar, Hindu Marriages, Ghaziabad, the complaint said.

Referring to the contents of the FIR lodged by the woman against her husband, the court said, “The FIR narrates the physical abuse which the complainant had suffered at the hands of the applicant after the marriage…The FIR further narrates that the accused even used to tell the complainant that ‘he had married me (her) only to make me withdraw the complaint.’

“Several instances are narrated in the FIR about threats and physical abuse suffered by the complainant not only from the applicant but also by his family members who had conspired together to cheat her and get her married to him only to make her withdraw the complaint of rape against him.”

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#India – Marriage officer humiliates HC woman lawyer #Vaw #WTFnews #Womenrights

Manjari Mishra, TNN | Jun 15, 2013,

7

How can you think of getting married at this age? The officer told a shocked Nirmala, who charging him with objectionable and unwarranted conduct.

JABALPUR: What has age to do with marriage? Plenty, if one happens to be a woman in Madhya Pradesh. Only, senior lawyer in MP high court, Nirmala Raikwar, learnt it the hard way.

When, along with her friend and fiance Ramesh Raikwar (younger in age incidentally), she appeared before additional collector and marriage officer, Jabalpur, Sheelendra Singh, with her application for a court marriage, Singh publicly not only remonstrated her for choosing to tie the knot when she was already past her prime and also mocked Ramesh over his poor choice for a bride.

How can you think of getting married at this age? The officer told a shocked Nirmala, who charging him with objectionable and unwarranted conduct, has filed a complaint in the court of judicial magistrate first class even as MP High Court Bar Association has taken up her cause. Narrating the incident to TOI, Nirmala said that she had applied for a civil marriage on March 3 and notices were served thereafter on March 12. On May 24 she, along with Ramesh and her junior colleagues, arrived in the office of the marriage officer for fulfilling the formalities.

“Singh examined me closely and demanded to know my age. It was not a very polite question and I said the age is mentioned in the documents lying on the table, please check it out,” Nirmala said.

Bar association demands action, warns of agitation

Bar association has demanded action against Singh and warned that lawyers’ would launch an agitation if the issue was ignored by authorities.

Meanwhile, admitting that the additional collector had no business to behave in such a manner, Jabalpur divisional commissioner Deepak Khandekar said he was probing the matter and would take action if allegations were found true.

 

Vanniyar woman ‘sacrifices’ marriage with dalit youth following pressure from community #Vaw

Karthick S, TNN | Jun 7, 2013,

When 22-year-old Divya, who belongs to the vanniyar community, decided to elope and marry a dailt youth, all hell broke loose.

CHENNAI: Divya Nagarajan could barely stand in the Madras high court premises on Thursday. The pressures of a seventh-month ordeal that included a daring elopement, an inter-caste marriage and caste violence, with strong political overtones that spread across Dharmapuri district, sat heavily on her young shoulders. When 22-year-old Divya, who belongs to the vanniyar community, decided to elope and marry a dailt youth, all hell broke loose. Her father Nagarajan committed suicide, promptingvanniyar community members to go on the rampage in the dalit habitation in Natham colony in Dharmapuri district in November last year. “My husband and I are under huge pressure. I have decided to sacrifice my love, my marriage, for the sake of a society that is caste-obsessed, and for the sake of my mother,” Divya told TOI.

There was high drama in the court premises, when, in an unexpected turn of events, Divya, who had braved the storm and stubbornly refused to leave her dalithusband all through the caste turmoil that rocked Dharmapuri, arrived unexpectedly at the Madras high court on Thursday in response to a habeas corpus plea filed by her mother Thenmozhi last year. She had disappeared from her husband’s house on Tuesday night. Her husband E Elavarasan (20), who had filed a ‘missing’ complaint with theDharmapuri town police, was also present in the court. Divya declined to respond to her husband’s attempts to speak to her. But, Elavarasan, appearing shocked, said, “I strongly believe she will not leave me. We have been facing all these troubles only because I am born a dalit.”

Divya said she was under tremendous pressure to leave her husband and that she was in a disturbed state of mind. Her mother and relatives accompanied the young woman, who appeared too weak to even stand on her own, in the court premises. Her marriage to dalit youth Elavarasan in October last year against the wishes of her family precipitated a deep vanniyar-dalit rift not seen in the region for more than a decade. Under pressure from village leaders to advice his daughter to return to the family, Nagaragan committed suicide, triggering violence that spread rapidly in the region. “My father’s death was unexpected. I have been feeling guilty about his suicide, the violence that followed and the houses of dalit families that were burnt down. I am unable to sleep or eat properly due to the trauma,” Divya said, breaking down.

“Now, whenever I think about it, I shiver with fear. I can’t understand why caste plays such a role in our society?” she said. Justifying her decision to suddenly leave her husband and to return to her mother, Divya said, “I have certain responsibilities towards my family. At the same time I am also grateful to Elavarasan, who took good care of me despite the turmoil around us,” she said, adding that she was forced to remove her mangalsutra soon after she reached her mother’s house in Sellankottai in the district.

Divya said she was not kidnapped or forcibly taken away from her husband. “I have been talking to my mother in recent months over phone. I can understand her trauma. Elavarasan and I have also been under huge social pressure,” she said. On Tuesday, when her mother came to Dharmapuri town for medical treatment, Divya decided to meet her and accompany her back home. “It was a tough decision for me,” she Divya, trying to hold back tears.

Listening to her daughter, Thenmozhi said, “I am in a fix. I don’t know whether to be happy because my daughter has returned to me or feel sad that her married life has been shattered.” Embittered by the events, Elavarasan said, “The last three months I thought her mother had a change of heart and was backing us. It is only now that I believe she has been influencing her daughter and is still opposed to our marriage.”

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Himanshu Kumar on Indefinite fast at Jantar Mantar on Adivasi issues

 सभी जुड़े 

 करोड़ो आदिवासियों के जीवन एवं सम्मान के प्रश्न पर 

 

देश भर में आत्म चिंतन को बढ़ावा देने के लिए 

 

जन्तर मंतर, नई दिल्ली पर आज 1 जून 2013 से सुबह

 

 अनिश्चितकालीन उपवास

 

उपवासकर्ता हिमांशु कुमार

 

जिन्होंने लगभग  दो दशक तक छत्तीसगढ़ के दंतेवाडा क्षेत्र  में काम किया 

 

हिमांशु कुमार की हम सब से अपील 

 

 

आदिवासियों के संसाधनों पर पैसे वाली कंपनियों के कब्जा कर लेने और आदिवासियों को उनके अपने ही घर से भगा देने का मुद्दा इस देश के लिये कोई बड़ी समस्या नहीं बन पा रहा है 

 

यह बात सच है कि हम तभी चेतते हैं जब समाज में किसी मुद्दे पर कहीं हिंसा होती है . विनोबा का भूदान आन्दोलन भी भूमि को लेकर फैले हुए अन्याय और उससे उत्पन्न होने वाली हिंसा में से ही  निकला था .

अभी आदिवासी इलाकों में अमीर कंपनियों के लोभ के लिये करोड़ों आदिवासियों के जीवन , आजीविका और सम्मान पर हमला जारी है ,

 

भारत को एक राष्ट्र के रूप में सोचना पड़ेगा कि यह देश अपने मूल निवासियों के साथ क्या सुलूक करेगा ?

 

क्या हम आदिवासियों की ज़मीनों पर पुलिस की बंदूकों के दम पर कब्ज़ा जायज़ मानते हैं ? क्या हम मानते हैं कि आदिवासियों की बस्तियों में आग लगा कर उन्हें उनके गाँव से भगा कर उनकी ज़मीनों पर कब्ज़ा करने के बाद हम इस देश में शांति ला सकते हैं ?

 

एक बार हमें अगर अपने ही देशवासियों के साथ अन्याय करने की आदत पड़ गई तो क्या यह आदत हमें किस किस के साथ अन्याय करने का नहीं खोल देगी ?

 

आज हम आदिवासी पर हमला करेंगे ,फिर हम दलितों को मारेंगे, फिर हम गाँव वालों को मारेंगे . और एक दिन हम चारों तरफ से दुश्मनों से अपने ही बनाये गये दुश्मनों से घिर जायेंगे . 

 

इसलिये आज ही हमें आदिवासियों के साथ हमारे सुलूक की समीक्षा करनी चाहिये .

 

मेरी विनम्र कोशिश है कि इसी मौके को हम आदिवासियों के साथ इस देश को कैसा सुलूक करना चाहिये इस मुद्दे पर सोचने के रूप में सदुपयोग करें .

 

इस मुद्दे पर आत्म चिंतन करने के लिये मैं एक जून से जंतर मंतर पर एक उपवास शुरू करने का प्रस्ताव करता हूं

 

इस दौरान सामान मन के साथी अपने अपने क्षेत्र में इस विषय में कार्यक्रम और चर्चा करेगे तो हम देश भर में न्याय के पक्ष में और अन्याय के विपक्ष में एक माहौल तैयार कर पायेंगे .

 

आपके सुझाव का स्वागत है .

 

 

हिमांशु कुमार 

Pakistani lesbian couple marry in U.K. defying threats

HASAN SUROOR

 LONDON, May 27, 2013, The Hindu

On a day that a French lesbian love story won the top award at Cannes, two young lesbians from Pakistan became the first Muslim women in Britain to marry in a civil ceremony in what the gay community hailed as a “landmark” event.

Rehana Kausar (34) and Sobia Kamar (29) said they decided to go ahead despite receiving death threats because they believed it was “no one’s business what we do with our personal lives”.

Immediately after tying the knot, they sought asylum in Britain claiming that their lives would be in danger if they returned to Pakistan where homosexuality is illegal and gay people live in fear.

The couple, who met three years ago while studying business and health care management in Birmingham, were reported as saying they had been living together in South Yorkshire for about a year but were able to gather enough courage to come out openly only last month.

According to their relatives, the two had been threatened both in Pakistan and in Britain, and could not find an imam to perform a “nikah”.

Ms. Kausar, originally from Lahore, and Ms. Kamar, from the Mirpur region of Pakistan-occupied Kashmir, took vows at Leeds Registry Office under Britain’s Civil Partnership Act 2004 which gives gay couples the same rights and responsibilities that heterosexual couples enjoy in a civil marriage.

Personal act

“This country allows us rights and it’s a very personal decision that we have taken. It’s no one’s business as to what we do with our personal lives. The problem with Pakistan is that everyone believes he is in charge of other people lives and can best decide about the morals of others but that’s not the right approach and we are in this state because of our clergy, who have hijacked our society which was once a tolerant society and respected individuals freedoms,” Ms. Kausar told Birmingham’s Sunday Mercury newspaper.

Ms. Kamar described her partner as a “soul mate” and said she loved her.

Praising them for their courage, a relative said: “They have been very brave throughout as our religion does not condone homosexuality. The couple have had their lives threatened both here and in Pakistan and there is no way they could ever return there.”

 

When Rape is not Rape #Vaw #Womenrights

Majlis Team, Mumbai

Sometime around August, 2012* newspapers reported that a 14 year old girl was raped. The girl was 8 months pregnant and had been admitted to hospital. The rapist, a Muslim youth, was arrested. We decided to follow up the case and so approached the concerned hospital but were informed that the girl had been discharged. We then contacted the local police station who directed us to the girl’s  home.

Our first image of Monica was that of a very pregnant, chirpy and vivacious teenager. She was at home chatting with some friends around her own age. Her mother was away at work. Monica lives on the attic of a hutment in the fisherman’s colony, situated in one of the posh areas of South Mumbai. When we enquired about the incident she told us that Iqbal was her boyfriend and that they were to be married. According to her, there was some misunderstanding and Iqbal would be released soon. She seemed quite relaxed and oblivious of the gravity of the situation. Her only request was for us to help her meet Iqbal in the Arthur Road jail where he was lodged.

We introduced our work on socio legal support and as she grew comfortable she revealed her story. Monica’s father had abandoned them and was living with another woman in a slum nearby. Her mother worked a 12 hour shift as a private helper-nurse. Her father continued to visit their place in a drunken state. He would beat up her mother and demand money and sex from her. In her growing up years, Monica had been traumatized by these recurring incidents of violence.

Initially Monica attended a local municipal school but after school hours she had to fend for herself till her mother returned from work. Monica couldn’t cope and so she dropped out of school. She would then spend the entire day with her friends who were also school drop outs.

Soon Monica got into a relationship with Iqbal aged 20. He lived in a nearby slum and worked as a driver earning Rs.15,000 per month. Iqbal would visit Monica at home when her mother was away at work. It was only when Monica visited a public hospital with stomach pains that she realized she was five months pregnant. She had crossed the permissible period for abortion and hence had no choice but to continue with the pregnancy.

Monica’s mother was very upset. She approached Iqbal’s family and proposed marriage. However Iqbal’s family rejected the proposal of marriage of their son to a lowly Christian girl. But Monica was confident of her relationship and convinced her mother that in due course of time Iqbal would surely marry her. Her mother had no choice but to bide time.

As her pregnancy advanced, Monica continued to suffer from acute abdominal pain. It was thus in her eighth month Monica again approached another public hospital. At the registration counter, Monica was asked routine questions about her age and marital status. On realizing that she was 14 and unmarried, the hospital, without her knowledge, contacted the local police and all hell broke loose!

When the police arrived Monica’s mother tried desperately to convince them that they were in a relationship and were to be married soon. But the doctors insisted that it was a case of statutory rape (as Monica was below the age of consent). The police and doctors compelled her to file a criminal complaint.

Iqbal was arrested. The news was splashed in local newspapers and cable networks. Iqbal was immediately sacked from his job. He was the sole earning member of his family, so the family was furious with Monica and her mother and blamed them for his misfortune.

Monica pleaded with us to help her meet Iqbal in jail.  We tried counseling her and placed various options before her. Give the baby up for abortion, pursue her studies.  We suggested her moving to a shelter so that she could distance herself from the situation and reflect and explore her options. Her mother liked the idea, but Monica was not interested. Marriage was the only reality for her. Every time there was a pause in the conversation, she kept asking whether we will help her to meet Iqbal in jail. She had even come with cooked food to take for him.   However the jail authorities informed us that only blood relatives were allowed to meet under trials. The fact that she was carrying his blood in her stomach, did not matter at this juncture!

Then started the legal rigmarole. Iqbal’s family hired an expensive lawyer. Under his advice Monica personally appeared before the judge to plead for the release of Iqbal. They promised to arrange her marriage as soon as he was released. But this strategy did not work and even bail was not granted, so Iqbal remained in judicial custody. Monica attended court on each date to have a brief interaction with Iqbal despite her advanced pregnancy and health issues, but every time the bail application was rejected, his family grew more antagonistic towards Monica.

After several bail applications were rejected, the lawyer advised Monica  to stop contacting us as they feared that being a women’s  rights organisation our only interest would be to secure a conviction. But Monica’s mother kept in touch. Somehow she felt that we could mediate between the police, the court and Iqbal’s family to secure the future of her daughter.

As the charge sheet was getting filed, Monica delivered a baby girl. The trial started four months later.  Monica came to court carrying her tiny daughter in her arms, both fully covered in a Hijab! Perhaps, she thought, this would give her a semblance of respectability within the court environment or that by accepting the cultural norms of Iqbal’s family she would gain acceptability.

The trial concluded within two hearings. There was nothing much to decide. Monica turned hostile and deposed on oath that she does not know Iqbal, that it was a case of mistaken identity by the police. Everyone cooperated – the Investigating Officer, the woman public prosecutor, the court staff, and even the judge herself! Iqbal was acquitted. We have not been able to contact Monica or her mother thereafter. We do not know whether Iqbal actually married her.

This is a case where a young girl with multiple levels of marginalization tries to find a meaningful resolution on her own terms. She is then caught in a web of state laws and its moral codes. Young girls in consensual relationships, who accidentally get caught in this legal web will have no other option but to turn hostile in court.

More recently, the situation of girls like Monica has been rendered even more precarious. The recently enacted Protection of Children from Sexual Offences Act, 2012 prohibits all sexual activity for children below 18, as consent of children is not recognised. It also introduced the provision of mandatory reporting, hence non reporting of sexual activity of children below the age of 18 has been now rendered an offence.

The Act aims to deal with child marriage, rape and trafficking of children and is based on the  underlying premise that a young girl is incapable of giving valid consent. However these same girl are routinely exposed to discrimination, vulnerabilities and a range of exploitations.  Women’s groups appealed to protect the interest of these children and campaigned, not to criminalise normal sexual exploration during growing up years. But in the fight with a conservative and regressive moral brigade, we lost.

When will state and civil society begin to take responsibility and address marginalities of poor young girls rather than sitting on a moral high ground, and criminalizing its consequences? What is the future that awaits these young girls?

*The names of both the survivor and the accused as well as the month in which the newspaper report appeared, have been changed to protect the identity.

—

 

Dr Yamini Thankachi’s complaint against Kerala Ex-Minister, K B Ganesh Kumar of Domestic Violence #Vaw

From,                                                                                     01-04-2013

Dr Yamini Thankachi

TN H4, Tagore Nagar,

J Lane, Vazhuthacaud

Trivandrum-695014

 

To,

The Hon’ble Chief Minister

Government of Kerala.

 

Subject: My personal disposal before you on 7^th March 2013 (subsequent to my telephonic complaint on 23-02-2013) regarding criminal assault and mental torture inflicted by my husband, Mr K B Ganesh Kumar, Minister for Forest, Sports and Cinema and the petition on the same dated 7^th march 2013.

 

Respected Sir,

 

I humbly request you Sir, to look into my following predicament and take immediate action against Mr. K.B Ganesh Kumar, Minister for Forest, Sports and Cinema.

 

I am married to Mr. K.B Ganesh Kumar (GK) for the past 19 years and in the wedlock, we have two children, aged 15 and 5 years.  Our marital life has been under rock even from early days of our marriage. We had almost parted our ways in the year 2001. But considering my child’s future and his apologetic gestures I decided to resume our conjugal relationship. But now it has come to a point that I can no more bear mental and physical cruelty inflicted on me by my husband.

 

Being a cine artist, he has lured many women earlier and now he is constantly engaged in having promiscuous relationships by exploiting his position as a Minister of ruling party.

 

He is not taking care nor is he concerned about the family welfare. In spite of having the means and being well placed he never took proper or adequate care of the family and that amounts to cruelty.

 

As a wife I have been silently suffering all this economic, emotional and physical harm done to me but the most recent incident (which I have already narrated to you over phone and also in person) that happened on 22-02-2013 had been so shocking and painful for me to bear even now. On 21-02-2013, as our eldest son was not in the house, my husband asked me to help him to install an application in his phone (my son used to help him with this otherwise).While flipping through the phone, I accidentally saw the following messages.

 

1. Kannu mudiyalum nee thane, kannu thurannalum nee thane, ninte mathram
2. Rajine rajinte vazhi enniku ente vazhi- (about some person she had had an affair with)
3. Annanode ( She called GK annan) ente relationship transparent aavanam athu kondu njan ellam thurannu paryunnu. Rajumaayi oru bhandhavum ennikku illa because ini only u r there in my mind because I love you very much. Umma.

My hands literally trembled when I saw this. When I confronted him about the messages, I got an evasive reply from him. And I left the situation like that.

But on 22-02-2013, a person came home in the evening furiously, and started shouting at my husband. He confronted my husband with instances of his wife being taken around by my husband discreetly. He told GK how he had one day driven the white Swift that he owned- 6777 to the flat at 4.30pm after calling her. How she had waited till the kids were back and told them to study while she went for her pleasure trip with GK. How the Minister himself drove the car to his official building “Ajantha” opposite to Raj Bhavan. How he went and parked the car way behind the building and how daringly in an official building with a security guard and a policeman on duty, the Minister went inside with this woman and then left her back at the flat in the same car at 6.30pm. He also said that if GK wanted details about what he did to his wife inside the bedroom, he can tell him that too. Then GK knew he was trapped, he right away fell at this man’s feet and repeatedly said ‘maap, maap, maap, ennodu kshamikanam, thettu patti poyi” (Sorry, Sorry, pardon me, I made a mistake).  I stood there shell shocked. After few seconds, I left the scene unaware of what happened subsequently.

 

I went back to the office room, weeping uncontrollably thinking of my ill fate. After few minutes my husband came to the room and locked it from inside. In broken words, still weeping, I sought an explanation from him for what I heard just then. To my utter surprise, without making any attempt to console me or feeling guilty of his infidelity, he just started hitting and beating me continuously. He manhandled me by pushing my head towards the wall. He punched, kicked and beat me. He tried to strangulate me further and gasping for breath I tried to push him away and I cried aloud for help. As he anticipated that people would come by hearing me, he finally opened the door and left. Both my children were shocked spectators of this event. He acted as if nothing has happened and left to Ernakulam soon for shooting.

 

My husband had physically abused me many a times even in front of his family members and I have stood there and prayed that he should kill me so that my ordeal ends that day. But this time I have decided to react to his misdeeds and immediately informed his family members as well you Sir.

 

Soon my right thumb had swollen due to hematoma, my left fourth toe was swollen, my back was aching, neck paining, there was contusion in the forehead left side, and bruises all over the body.  I went to SK hospital where the duty doctor examined and tied a bandage and prescribed medicines. By night, the swelling became more acute and there was hematoma, so I went again to the doctor and had it examined. I took medication and my right hand is still bandaged for immobilization.

 

I am aware that he has a very strong criminal mind and he will not stop at anything. Since the matter is in public now, he is quite agitated and I fear for my life and safety of my children. I may be given enough security and personal protection.

 

This violence at home has to be condemned and criminal action has to be initiated against him. He has gone to the extent of attempting to murder me. How can he be a Minister of State, a role model for the state and yet behave this way to his wife and children? Can the Government turn a blind eye to the misdeeds and criminal activity done by a Minister? I hope not.

Hence, In the interest of justice, I besiege you Sir, for initiating quick criminal action against Mr. K.B Ganesh Kumar and ensure security and personal protection for me and my family. I have been subjected to physical and mental torture from my husband for all these years and it still continues.

Since I was advised by you Sir and mediators directed by you Mr Shibu Baby John, Minister of Labour & Rehabilitation, Mr T Balakrishnan, M D INKEL, Mr R. Jayaprakash, Secretary General LIC Development Officers union, that I should not rush with any litigation and was promised that measures will be taken to see to that justice will be given and security would be given to me, I had not given any written complaint so far.

 

 

Anticipating a quick action,

Yours Sincerely,

 

 

(Dr Yamini Thankachi)

Related articles

• Uproar in Kerala assembly over ex-minister’s domestic violence (indiavision.com)

Haryana – Ex-Armyman kills daughter for ‘honour’ #Vaw #honourkilling

TNN | Mar 30, 2013, 02.02 AM IST

ROHTAK: In a case of honour killing, a retired Army man allegedly strangulated his married daughter to death in Sherla village of Bhiwani district on Thursday, for tying the knot against his wishes.

The family cremated the body without informing the police in an attempt to destroy the evidence. The police, however, rushed to the village late Thursday after getting tipped off by some villager and started investigation. The police also contacted the victim’s husband, who lodged a complaint suspecting that she had been killed by her father.

The police registered a case under Section 302 (murder) and 201 (destruction of evidence) against Satpal, the accused father, and arrested him on Friday. According to police, the victim, identified as Shashi Rani, 21, was a student of BA final year in Hisar. She was having an affair with a youth Gautam Singh Khapadwas, 23, from a village in Bhiwani, who was also a student in the same college.

Police officers said the victim approached her family revealing about their relationship and expressed willingness to her. Though both did belonged to different castes, her father still objected to it and rejected the marriage proposal.

However, they eloped from their houses on February 28 and tied the knot at an Arya Samaj temple in Bahadurgarh of Jhajjar district the same day. The couple started living at a rented accommodation in Hisar after the marriage. However, the victim’s husband alleged that her father took her back to their village about a week back on the pretext that they had accepted the marriage.

Behal police SHO Ashok Sharma informed TOI that police rushed to the cremation ground on Thursday evening after some village informed about unnatural death of a young woman. The deceased’s father stated that she had died of electrocution during ironing clothes but failed to provide convincing replies to police questioning and finally confessed to have killed her on Thursday.

 

Related articles

• Man kills wife over ‘honour’ (nation.com.pk)
• Florida Honor Burning: A Muslim Mother Burns Her Daughter in Honor Attack (supajohnny.com)

 

#India- Inmate serving life sentence marries girlfriend inside jail #humanrights

SNAPSHOT, Posted on Jan 25, 2013

IBNLive.com

In a unique wedding ceremony, an inmate, serving life term in a murder case, tied the knot with his girlfriend in the court premises in Jind, Haryana, after a special permission. Sanjay, a resident of Sonepat ditrict, married his girlfriend Mamta following a special three-hour permission given by court. The marriage ceremony, that took place at the park inside the court campus, was attended by family members from both sides, besides a number of lawyers and court employees. In December last year, the girl, through Sanjay’s counsel, had moved a petition before the court requesting permission for marriage.