Delhi – 3 days and a minister’s intervention to file a FIR in North East death case #Vaw #WTFnews


Not just AFSPA, Delhi Police Adds to the Woes of the Northeast Community in the Capital

Neha Dixit, June 1, 2013

It takes over three days and a minister’s intervention to file a FIR in Reingamphi’s death case. Protests continue

Forget justice, Reingamphi’s death shows how even basic investigation proceedings are elusive in this country. Not just her family and the northeast community had to protest for three days to get a FIR registered but also the post mortem report has been brazenly botched up.

On May 29, she was found dead in her rented apartment in Chirag Delhi. She had multiple injuries; her nose was bitten off, her eyelids scratched, eyes bleeding and a big cut on her leg. There was a cell phone in her hand.

Bosco, her cousin says, “Even when the landlord knew our contact details, he did not inform us and broke open the door to her room with the help of the police. We strongly suspect tampering of evidence.” Bosco also informs that they were forced by the SHO to write down ‘death under suspicious circumstances’ instead of ‘suspected murder and sexual assault’ in their complaint to the police.

 

It’s the third day since the northeast community has been demanding the copy of a FIR outside the Malviya Nagar police station of South Delhi district.

 Binalakshmi, founder of Manipur Women Gun Survivor’s Network says, “The interim post mortem report came to us only last night. It mentions that the body had no blood stains. This is a blatant lie as evident in the pictures taken when her body was found the day before.”

The police, after a lot of protest, agreed to provide the FIR number to the family last night at 8 o’clock. After a lot of insistence they were finally handed over the FIR copy. The case was registered under section 306, which denotes ‘abetment to suicide’. It is also important to note that the reason on death in the interim post mortem report is mentioned as ‘pending’ and in spite of that the case has been registered under section 306.

Moreover, the family members informed the SHO Vijay Pal on several occasions that Reingamphi was continuously stalked by her landlord’s brother-in-law. She had even complained to her landlord on several occasions about the sexual innuendos in his brother in law’s conversations with her. He has not yet been taken into custody for interrogation.

Kiran Walia, MLA of Malviya Nagar and also the Minister of Health, Women and Child Welfare, Delhi met the protestors today outside the Malviya Nagar police station. “How can assault be ruled out in the investigation?” she said. She informed the crowd that the demand to transfer the case from the Malviya Nagar police station to the Special Crime branch has been conveyed to Delhi police Commissioner Neeraj Kumar and he has replied in the affirmative.

 

The travesty of justice is evident in the fact that only after a minister’s intervention, the local police filed a basic FIR. The family is now demanding a fresh post mortem, all police proceedings in writing and an investigation under charges of murder and sexual assault.

Related Article

#India- #Delhigangrape case: 10 main points from #JusticeVerma report #Vaw


RAPE

23 Jan, 2013

Text: PTI

NEW DELHI: The Justice Verma Committee on Wednesday recommended enhancing punishment of upto 20 years imprisonment for rape and murder and life for gang rape but refrained from suggesting death penalty.

The three-member Committee headed by former Chief Justice J S Verma submitted its 630-page report to the government suggesting amendment of criminal laws to provide for higher punishment to rapists, including those belonging to police and public servants.

New offences have been created and stiffer punishment has been suggested those committing it like leaving the victim in a vegetative state.

Created new offences

The new offences include disrobing a woman, voyeurism, stalking and trafficking. The present law provides for punishment for rapists of imprisonment ranging from seven years to life.

The panel, which was constituted in the wake national outrage over the December 16 gangrape of a 23-year-old girl in Delhi in which one of the accused six is said to be a juvenile, however, is of the opinion that the age of the juvenile under the Juvenile Justice Act need not be lowered from the present 18.

There has been strong demand that the age of a juvenile should be brought down to 16 in view of the fact that the minor accused in the Delhi gangrape allegedly behaved in the most brutal way.

 

No death penalty for rapist

Releasing the report, Justice Verma told a news conference that the Committee has not suggested death penalty for rapist because there was overwhelming suggestions from the women organisations against it, a point that was received with thunderous applause from activists at the media interaction.

The Committee did not recommend death penalty for rape because it was a “regressive step” and it “may not have a deterrent effect”.

“We have not recommended death penalty as we had overwhelming suggestions against it. The women groups unanimously were against death penalty and that is why we thought that is a strong reason to respect that view particularly in view of the modern trend also,” Justice Verma said.

Replacement of Section 375 defining rape

Among the amendments proposed is a change in Section 100 of the IPC dealing with right of private defence which extends to causing death. Taking note of the brutality committed in the Delhi gang rape incident, the Committee suggested replacement of Section 375 defining rape by defining specific unnatural acts.

Intentional touching will constitute the offence of sexual assault for which punishment will be a maximum of five years rigorous imprisonment or fine or both.

Use of words, gestures which create an unwelcome threat of sexual nature or advance would invite a maximum punishment of one year imprisonment or fine or both.

Failure of many public functionaries

Justice Verma came down heavily on Union Home Secretary R K Singh for praising Delhi Police Commissioner Neeraj Kumar in the wake of the gang rape incident instead of coming out with an apology.

The Committee said the Delhi gang rape incident has disclosed the failure of many public functionaries responsible for traffic regulation, maintenance of law and order and more importantly, their low and skewed priority of dealing with complaints of sexual assault.

 

Clear jurisdiction of the police over crime scene area

Disputes relating to the jurisdiction of the police over the area of the crime are often a cause of delay in initiating the process of taking cognisance of the crime and providing medical aid to the victim.

The panel said the peculiarity of the Government of National Capital Territory of Delhi not having any control over the police force, which control vests only in the Ministry of Home Affairs is the reason given publicly by the Delhi Chief Minister for the absence of responsibility of her government.

Apathy of civil society

“This ambiguity must be removed forthwith so that there is no divided responsibility in Delhi in respect of maintenance of law and order. Such a step is also essential to maintain accountability,” it said.

The Committee also took note of the apathy of civil society and mentioned about the inaction of passers-by and bystanders, who failed in their citizenship duty of rendering help to the Delhi gang rape victim and her companion who were lying badly injured and disrobed on the roadside for a considerable amount of time.

 

Change in behaviour of the citizenry

“Misbehaviour of the police towards any samaritan is often the cause for such apathy. Bust this must not deter citizens from doing their duty. A change in the behaviour of the citizenry will also improve the conduct of the police. This effort must be promoted,” it said.

The Panel said the brutalities of the armed forces faced by residents in the border areas have led to a deep disenchantment and the lack of mainstreaming of such persons into civil society.

“Serious allegations of persistent sexual assault on the women in such areas and conflict areas are causing more alienation,” it said.

Appropriate machinery for supervision of juvenile homes

Committee member Gopal Subramanium said the Juvenile Justice Act has been a total failure and condition of the juvenile homes were pathetic.

“When you read our report you will find we have extracted from the reports of the National Commission for Protection of Children and you will be shocked to see the unimaginable things juveniles have to do there…,” he said.

The panel suggested that the Chief Justice of the High Court of every state should device appropriate machinery for administration and supervision of these juvenile homes in consultation with experts in the field.

 

Medical examination of rape victims by global experts

The Committee also said all marriages in the country irrespective of the personal laws under which such marriages are solemnised should mandatorily be registered in the presence of a magistrate and the magistrate will ensure that the marriage has been solemnised without any demand for dowry having been made and that the marriage has taken place with the full and free consent of both partners.

The panel suggested medical examination of victims of sexual assault which were prepared on the basis of the best practices advised by global experts in the field of gynaecology and psychology.

 

 

Justice Verma panel rejects death penalty for Rapists recommends 20 yrs jail #Vaw #Justice


Jan 23, 2013

New Delhi:  The Justice Verma Committee today recommended enhancing punishment of upto 20 years imprisonment for rape and murder and life for gangrape but refrained from suggesting death penalty.

The three-member Committee headed by former Chief Justice J S Verma submitted its 630-page report to the
government suggesting amendment of criminal laws to provide for higher punishment to rapists, including those belonging to police and public servants.

New offences have been created and stiffer punishment has been suggested those committing it like leaving the victim in a vegetative state. The new offences include disrobing a woman, voyeurism, stalking and trafficking.  The present law provides for punishment for rapists of imprisonment ranging from seven years to life.

Image: ibnlive

Justice JS Verma. Image: ibnlive

The panel, which was constituted in the wake national outrage over the December 16 gangrape of a 23-year-old girl in Delhi in which one of the accused six is said to be a juvenile, however, is of the opinion that the age of the juvenile under the Juvenile Justice Act need not be lowered from the present 18.

There has been strong demand that the age of a juvenile should be brought down to 16 in view of the fact that the minor accused in the Delhi gangrape allegedly behaved in the most brutal way.

Releasing the report, Justice Verma told a news conference that the Committee has not suggested death penalty for rapist because there was overwhelming suggestions from the women organisations against it, a point that was received with thunderous applause from activists at the media interaction.  The Committee did not recommend death penalty for rape because it was a “regressive step” and it “may not have a deterrent effect”.

“We have not recommended death penalty as we had overwhelming suggestions against it. The women groups
unanimously were against death penalty and that is why we thought that is a strong reason to respect that view particularly in view of the modern trend also,” Justice Verma said.

Among the amendments proposed is a change in Section 100 of the IPC dealing with right of private defence which extends to causing death.

Taking note of the brutality committed in the Delhi gangrape incident, the Committee suggested replacement of Section 375 defining rape by defining specific unnatural acts. Intentional touching will constitute the offence of sexual assault for which punishment will be a maximum of five years rigorous imprisonment or fine or both.

Use of words, gestures which create an unwelcome threat of sexual nature or advance would invite a maximum punishment of one year imprisonment or fine or both.

Justice Verma came down heavily on Union Home Secretary R K Singh for praising Delhi Police Commissioner Neeraj Kumar in the wake of the gangrape incident instead of coming out with an apology.  The Committee said the Delhi gang rape incident has disclosed the failure of many public functionaries responsible for traffic regulation, maintenance of law and order and more importantly, their low and skewed priority of dealing with complaints of sexual assault.

Disputes relating to the jurisdiction of the police over the area of the crime are often a cause of delay in initiating the process of taking cognisance of the crime and providing medical aid to the victim. The panel said the peculiarity of the Government of National Capital Territory of Delhi not having any control over the police force, which control vests only in the Ministry of Home Affairs is the reason given publicly by the Delhi Chief Minister for the absence of responsibility of her government.

“This ambiguity must be removed forthwith so that there is no divided responsibility in Delhi in respect of maintenance of law and order. Such a step is also essential to maintain accountability,” it said.

The Committee also took note of the apathy of civil society and mentioned about the inaction of passers-by and bystanders, who failed in their citizenship duty of rendering help to the Delhi gang rape victim and her companion who were lying badly injured and disrobed on the roadside for a considerable amount of time.

“Misbehaviour of the police towards any samaritan is often the cause for such apathy. Bust this must not deter citizens from doing their duty. A change in the behaviour of the citizenry will also improve the conduct of the police. This effort must be promoted,” it said.

PTI

 

Delhi gangrape protests: Police constable Subhash Tomar dies


PTI : New Delhi, Tue Dec 25 2012, 11:15 hrs
Delhi gang rape

 47-year-old Delhi Police Constable, who suffered serious injuries during violent protests at India Gate on Sunday, died today after battling for life in a city hospital.

Subhash Chand Tomar was on ventilator since his admission at Ram Manohar Lohia Hospital on Sunday evening.

“With deep regret, we have to inform you Constable Subhash Chand Tomar succumbed to his injuries at 6:40 AM today,” Delhi Police Commissioner Neeraj Kumar said.

Tomar, a graduate in arts, hailed from Meerut in Uttar Pradesh.

He was posted in Karawal Nagar area and was called for maintaining law and order at India Gate area during the protests on Sunday over the gangrape of a 23-year-old girl on December 16 here.

Tomar, who joined the police in 1987, was found lying injured on Tilak Marg and was rushed to the hospital.

As a mark of respect, the Delhi Police decided that all personnel will donate one day’s salary to Tomar’s family.

Police had already arrested eight persons, including an activist of Arvind Kejriwal-led Aam Aadmi Party, earlier and charged them with attempt to murder in connection with the injuries caused to Tomar.

A senior police official said murder charges will be now added to the case.

Blaming the protesters for Tomar’s death, his son Deepak alleged that protesters brutally beat up his father.

“The public is responsible for this because they beat him up so badly. Can they return my father?” he said.

Tomar’s brother Yudhveer Singh also echoed similar views and said, “What was his fault? He was only doing his job and now he is no more.”

The policeman’s another brother Devinder Singh said, “His family has no other source of income. He was very committed to his duty.”

 

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