#India – American woman gang-raped in Manali #Vaw #WTFnews


gangrape

By  Jun 04, 2013

NEW DELHI (AP) — An American woman was gang-raped Tuesday in the northern Indian resort town of Manali, police said.

The 30-year-old woman was picked up early Tuesday morning by men in a truck as she was hitchhiking back to her guest house after visiting a friend, police officer Sher Singh said.

The three men in the truck then drove to a secluded spot and raped her, he said. She went to police and they filed a rape case.

No arrests had been made as of Tuesday afternoon, Singh said.

(READ MORE: The ongoing threat to female travelers in Asia)

Authorities issued an alert for the three men and set up roadblocks to check any trucks leaving the town, he said.

The reported rape came after a Swiss tourist was gang-raped in March while on a cycling trip through rural India. Six men were arrested in that attack. In a separate incident the same month, a British woman traveling in northern India jumped out of the third-floor window of her hotel room fearing a sexual attack after the hotel’s owner tried to force his way into the room.

The assaults come amid heightened concern about sexual assaults in India that followed the fatal gang-rape of a young woman on a moving bus in New Delhi in December.

That rape sparked public protests demanding better protection for women. In response, the government passed a law increasing prison terms for rape and providing for the death penalty in cases of rape that result in death or leave the victim in a coma. It also made voyeurism, stalking, acid attacks and the trafficking of women punishable under criminal law.

 

#India- Woman ‘gang-raped for over 4 months ,forced to marry one of her attackers #Vaw #WTFnews


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

but police REFUSED to register a crime

A 23-year-old woman was allegedly gang-raped by three persons in Gurgaon for a period of over four months.

The incident came to light when the victim approached a local court which directed the Gurgaon police to register a case of rape, criminal conspiracy and kidnapping under sections 376 and 506 in the Sector 5 police station on Saturday.

According to police, the victim had come into contact with one Pradeep Kumar, a resident of Nangloi, on November 12 last year.

 

“Kumar had contacted the victim as a call centre representative over the phone. He assured her to provide her a job in a call centre. When she met him the first time at Gurgaon’s Rajendra Park area, the accused took her to a rented house in Nangloi after telling her that some preparation was required before the interview.

“When Kumar reached his rented accommodation in Nangloi, he was joined by his brother Kedaar and cousin Neeraj and all the three raped her one by one at gunpoint,” investigating officer Rashik Lal said.

Kumar later forced the victim to marry Kedaar after threatening her with dire consequences if she revealed her ordeal.

All the three accused then raped her again and again over months. One of the accused always remained present with the victim to keep a watch on her.

However, the woman managed to escape from the Nangloi house on March 15 and reached her home in Laxman Vihar in Gurgaon.

The victim’s family then approached the Gurgaon police, who allegedly refused to register an FIR. Finally, the woman approached a local court and after the court’s direction, the police registered the case.

“We arrested the prime accused Pradeep Kumar from his house on Sunday while Kedaar and Neeraj are on the run. A team has been constituted in the matter and we will nab them soon,” Lal added.

Read more: http://www.dailymail.co.uk/indiahome/indianews/article-2334792/Gurgaon-gang-rape-Woman-gang-raped-months-forced-marry-attackers–police-REFUSED-register-crime.html#ixzz2VF54MoYB
Follow us: @MailOnline on Twitter | DailyMail on Facebook

 

#India – Murder and Gang Rape of School Girls in Jharkhand #Vaw #WTFnews


Jharkhand: No arrest yet after murder and gang rape of two school girls, people launch agitation, block highway

Bhaskar News   |  May 31, 2013,
Jharkhand: No arrest yet after murder and gang rape of two school girls, people launch agitation, block highway

Deoghar: These agitating people are demanding arrest of those responsible for the rape and murder to two girl students in the police-lines. They are demanding that postmortem report should be made public, and the Station House Officer of Jasidih police station should be suspended. Girls went missing near the area on last Saturday, and their bodies were found near a pond behind police line on Monday.

The mob managed to close most of the shops in the local market. Some people even pelted stones at a public transport bus. Jasidih Deoghar and Rohini road remained closed for nearly eight hours.

SDM, and CO of the area reached the spot to pacify the people, but no one was willing to hear them.

People had got agitated earlier also on Monday when dead bodies were found. That time police managed to calm down people after giving an assurance to arrest the culprits within 24-hours. But when police failed to live up to the promise, people decided to hit the road again.

CPI (M) leader Birinda Karat met the family members of the victims. She also met agitating people and extended her support to them. She threatened to launch agitation if culprits were not arrested immediately. She claimed that this case is as tragic as Delhi gang rape in which a medical student died after being gang raped in a moving bus.

 

#India – Gang rape survivor, a Dalit, sentenced to ten days imprisonment #Vaw #WTFnews


A Rape  Story

In a country where a gangraped woman is sent to jail for going back on her statement in court, justice for sexual assault survivors is still a far cry
BY Neha Dixit EMAIL AUTHOR(S), Open Magazine, June 8, 2013
A VICTIM TWICE OVER Kiran (indoor) with her mother-in-law (Photo: ASHISH SHARMA)

A VICTIM TWICE OVER Kiran (indoor) with her mother-in-law (Photo: ASHISH SHARMA)

Sitting on a cot on the semi-terrace outside her room, 20-year-old Kiran (name changed) pulls the strings of the jute chaarpai, murmuring in rage. It is anger tempered by the presence of her mother-in-law in the courtyard downstairs. It has been five months since Kiran has gone out to answer nature’s call alone. Women like her are not trusted to be allowed out alone even for that. Kiran was raped by four men repeatedly over four days in different parts of Haryana like Panipat, Sonepat and Kurukshetra before being dumped at the Panipat Railway Station. That was on 28 September 2012. Last month, on 24 April, she was sentenced to a ten-day imprisonment. “The judge, my father, my brother, my husband, my mother-in-law and thebiraadari—they are collectively raping my head. Still,” says Kiran.

The month she was raped, 12 more gangrapes were reported. Yet, in many quarters, her case has become a cautionary tale—the risks of a woman, especially one of a ‘lower caste’ landless community, exerting her free will and demanding justice.

In caste terms, Kiran is a Dhanuk.

Banwasa village is in Gohana town of Sonepat district. It is crisscrossed by paddy and vegetable fields. The Dhanuks who live here, like in other North Indian villages, are considered untouchable. Their houses are on the outskirts of the village. Their traditional job was to remove night soil from ‘upper caste’ houses, but they have long switched to working as agricultural hands, basket weavers, midwives and construction labourers. Landless and ostracised, their only sense of security is their biraadari, which acts as a tool of social control and an informal welfare association.

As she talks about the rape for the first time in many months without the fear of being judged, Kiran starts crying.

“Don’t cry, they want to break you down through character assassination,” I tell her. “Can you tell that to my father and my husband?” she says.

+++

On 28 September 2012, Kiran was at her parent’s place in Banwasa, when Sunita, a neighbourhood housewife, gave her a message that her husband Sudeep had come to meet her near a local railway crossing.

“I had told him once that I want to meet him outside the house like they do in Dilwale Dulhaniya le Jayenge. When the boy comes to get the girl? I thought that’s why he had come to meet me,” says Kiran.

As soon as she reached the outskirts of the village, two men of Khandrai village— Sunil and Sanjay—kidnapped her and took her to a rice field on the Gohana-Kakrohi road. They were later joined by Anil of Ahmedpur Majra village and Sarvan of Hadtari village. Two of them pinned her hands down while the third and fourth raped her. “They laughed as they ripped my clothes with a blade and described my body parts to each other. I was a toy they were trying out.”

From the paddy field to a mini-van to the Brahmsarovar in Kurukshetra to a small room next to railway tracks in Panipat, the ordeal continued. “I begged them to let me go.” They didn’t. She was asked to discard her clothes and change into an old salwar kameez. She remembers waking up the fifth day and fleeing.

Kiran registered a case with the Sonepat police. It took over a week to arrest the four rapists and Sunita, who had allegedly helped them.

According to Yashpal Singh, DSP, Gohana, “We registered Kiran’s statement under Section 164. Once a statement is recorded under this section, rape is confirmed. During the interrogation, the rapists confirmed Kiran’s accusations.” A medical examination conducted at Gohana civil hospital also indicated rape.

Over the next three months, however, Kiran was labelled a prostitute, a thief, a serial offender and a Dalit nymphomaniac. Her in-laws threatened to abandon her, the parents wanted to get rid of her.

“They kept saying, ‘Why did you leave the house? Why didn’t you tell your parents [where you were going]?’” she says. When she was 17, Kiran had eloped with a lover. That episode was cited as justification of her rape, as if her past record had called it upon her. “She ran away with a mechanic from a nearby village,” says a relative of hers who does not wish to be identified, “Her brother Gurmeet brought her back and tried to hang her. We intervened and saved her life. She has always been like this.”

Kiran is the second of five children born to a beldar and his daily-wage labourer wife. They share a two-room hut made of corrugated tin and decaying wood, and led a simple life until what happened to Kiran. “We suddenly did not deserve to be talked to because our daughter was raped and she filed a case. She did not know that poor people do not fight cases in courts,” says the mother. The family’s primary source of income is the daily wage of Rs 250 she earns. She also looks after a couple of buffaloes owned by land-owning Jats who have promised her 30 per cent of the proceeds once they are sold.

+++

Pressure on Kiran’s family and in-laws started mounting as soon as the four men were arrested. “We had anyway started losing days of work: to submit papers in court, to get medical reports, to visit the police station, to attend the court hearings,” says the father.

Various biraadari panchayats from Attadi, Ahmedpur Majra, Hadtari and Banwasa, the five villages the accused belonged to, came together to forge a decision on the matter. The arrest of Sunita, the woman who Kiran says misled her into the paddy field trap, was considered an attack on the pride of the village. “They said that since Kiran is now Ikdaana village’s daughter-in-law, it is Sunita and not she who deserves their support,” says the mother, “They pressured us into asking Kiran to change her statement.”

Kiran has no idea why Sunita misled her that day. “She was one person I used to spend a lot of time with. Though, I now know that she is friends with Anil.” Sunita’s husband Deepak did not let us speak to her. “Why are you questioning my family for a whore like Kiran? Ask her, why did she go?” he asked.

Kiran’s parents were told that they would not be granted work on any farm until Kiran signed a reconciliation letter.

“It’s the harvesting season and this is the time we get maximum work. How will we feed the buffaloes and kids?” asks the mother.

Kiran’s father-in-law, who sells kulfi for a living, and her husband, who sells steel utensils on his bicycle in nearby villages, were also pressured to get the case dropped. “There was a threat to my son’s life. We were anyway ready to take her back even after such a big blot on her character. Tell me, who accepts such a girl back into the family? And then you want us to help her fight the case too?” asks her mother-in-law.

Kiran is schooled only till class five. With few skills to make an independent living and no money to pursue court proceedings, she surrendered. “I thought of committing suicide,” says Kiran, “but they don’t let me out alone.” She was not just forced to change her statement, but also falsely explain her medical reports. “I was forced to say that I left my parents’ house on 28 September and stayed at my in-laws for the next four days. And that my medical reports were positive because I had sex with my husband.”

What added to Kiran’s sense of helplessness was the gap of six months from the rape to the court. Raj Kumari Dahiya, an activist of the Mahila Samiti, Sonepat, says, “This puts in perspective the demand of the women’s rights movement to try rape cases in fast-track courts and deliver verdicts within three months.”

When Gohana DSP Yashpal Singh was asked about the pressure on the family to drop charges, he said, “Who knows what compromise was made? We received no such complaint in this regard.”

On the day of the hearing on 24 April, Additional District and Sessions Judge Manisha Batra sentenced her to 10 days imprisonment for backtracking on her statement and imposed a fine of Rs 500. She had committed perjury.

“Didn’t you tell the judge what happened?” I asked her.

“How could I?” she replied, “The biraadari panchayat people were present.”

+++

If Kiran was a victim twice over, it was plainly because the Indian Judiciary—represented in this case by a woman judge—failed to take into account the power equations at play. It ignored how her voice was stifled by her social conditions, how her vulnerability within a caste-and-gender hierarchy had weakened her will to get justice.

“Did the judge talk about the lack of rehabilitative measures in her court order while charging the girl with perjury? Why could the girl not muster the courage to approach the state machinery and police following threats?” asks Senior Supreme Court lawyer Vrinda Grover.

In January this year, a 600-page report of the Justice Verma Committee following the Delhi gangrape case documented how women face intense insecurity because of dominant caste hostility or threats of communal violence. But it made no mention of a mandatory rehabilitation package for survivors.

In 1993, the Supreme Court, in a writ petition, Delhi Domestic Working Women’s Forum vs Union of India and Others, had directed the National Commission for Women (NCW) to evolve a ‘scheme so as to wipe out the tears of unfortunate victims of rape’. It observed that it was necessary to set up a Criminal Injuries Compensation Board, and demanded that compensation be awarded to rape victims for the pain, suffering, shock and loss of earnings as a result of such an assault.

The NCW sent a draft to the Central Government in 1995. After lying in the freezer for over a decade, the Commission came up with a ‘Scheme for Relief and Rehabilitation of Victims of Rape, 2005’. It proposed that the Ministry of Home Affairs issue directives to state governments for aid to rape survivors.

After the Delhi protests, activists revived demands to implement the scheme, but neither the state nor the Centre earmarked a budget for it. Charu Walikhanna, an NCW member, says, “We have proposed the scheme, but its implementation lies with the Ministry of Women and Child Welfare.” In the words of Krishna Tirath, India’s minister of women and child welfare, “It is the state’s responsibility to implement it, the Centre cannot intervene.” And so it gets buried in bureaucracy.

In Kiran’s context, her social status makes the need of a rehabilitation package all the more important. Jagmati, vice-president, All India Democratic Women’s Association, has long been pushing for compensation for rape survivors in Haryana. “Some people laugh at it by calling it ‘compensation for getting raped’,” she says, “They do not realise that Kiran and her parents cannot bear the expenses of a legal process. It is not enough for the State to provide a lawyer. Public prosecutors don’t take these cases seriously and private practitioners ask for upto Rs 70,000 per hearing. It places justice completely out of reach for such women. The question of loss of work, of sometimes having to shift residence, of frequent consultations with lawyers and trips to the court, incurring expenses and losing a day’sincome are all critical issues in the [victim’s] decision of whether or not to fight for justice.”

As proposed by the NCW’s original draft, the National Mission for Empowerment of Women has the funds. However, what is missing is the political will to implement it. Laughably, a circular issued on 3 April by the Ministry of Home Affairs states that financial help for rehabilitation of rape survivors should be taken care of by NGOs. Says Jagmati, “It’s unfortunate that the State has vested [donors with] the responsibility of ensuring justice for rape survivors.”

Kiran was released on bail on 25 April. The rest of her life is likely to be one of drudgery and keeping her mouth shut. Her brother-in-law, who is as old as her, studies in class ten. When she asked him what he was studying in school these days, he replied, “Nothing that you do. You focus on dancing and sleeping with people.” When I asked him, “Why don’t you learn cooking?” he roared in laughter, “For that, I will get a wife. If she doesn’t, I will beat her up with batons!”

Kiran is right. It’s unpardonable, what everyone is doing to her head.

+++

Some other names have also been changed to protect their identities

Women Deliver unaware of charges against Kurien, is that Enough ? #Vaw #Rape


AARTI DHAR, The Hindu

P J Kurien. File photo
The HinduP J Kurien. File photo

“Had we known of the controversy, we would not have permitted PJ Kurien to speak at the side event,” say the organisers of Women Deliver conference

With twitterati in India launching a tirade against Rajya Sabha P.J.Kurien’s presence at an international conference on women underway here, the organisers of Women Deliver on Wednesday said they were unaware of charges against him.

In a statement issued here, Women Deliver said it took the issues of violence against women and rape very seriously.

We were unaware that Indian Parliamentarian PJ Kurien is facing allegations of rape. While we cannot comment on the specific allegations, had we known of the controversy, we would not have permitted PJ Kurian to speak at the side event. Addressing violence against women is central to our mission as an organization and one of the focus areas of this global conference,” the statement said.

Mr Kurien, who is facing serious charges of rape, is also chairperson of the Asian Forum of Parliamentarians on Population and Development, that had invited him to speak at the Global MPs Conference, held as a side event at Women Deliver conference.

As the word on Mr Kurien’s participation spread, social media overflowed with condemnations. Tweeted Vidyut: massive anger over women’s rights situation, sweet promises by Sonia/sarkar, half hearted committee/law passed, then Kurien at Women Deliver”

Women’s activists lost no time in writing to UPA chairperson, Sonia Gandhi and Prime Minister demanding Mr Kurien’s removal as chairperson of Rajya sabha.

Mr Kurien’s case involves gang rape of a minor girl in Suryanelli in Kerala. While the victim has alleged that she was raped by 42 men over 40 days and one of them was Mr Kurien. In 2005, the Kerala High Court tried 35 men but Mr Kurien was not among them- and acquitted 34. This order was recently set aside by the Supreme Court following which there have been demands of Mr Kurien’s removal as chairperson of Rajya Sabha.

 

#Mumbai Three-yr-old raped by uncle in theatre #childabuse #WTFnews


CHILDRAPE

The accused was caught in the act by other movie goers when the girl started crying; in another incident, a 10-year-old boy was sodomised by an acquaintance

May 27, 2013
MUMBAI
Sagar Rajput, mID DAY

With one case of rape and another of sodomy reported in the city on Saturday, the city does not seem to be getting any safer for children.

In the first case, a three-year-old girl was raped by her uncle in a movie theatre on Saturday. The accused identified as Mohammad Israel had told the victim’s mother that he would take her for a movie.

As the girl kept crying throughout the movie, an alert member of the audience asked the watchman at Kalpana theatre to find out what the matter was. Deputy Commissioner of Police Dhananjay Kulkarni (zone 5) said, “When the watchman went to inquire, he saw that the crying girl was on Israel’s lap. He felt something was amiss and gathered a crowd following which Israel was taken to Kurla police station.”

After interrogations the accused confessed to raping his niece and was booked under section 376 (rape) of the Indian Penal Code.

10-yr-old sodomised
In another incident, a 10-year-old boy was sodomised in a madrassa, where the 60-year-old accused worked as a secretary. According to police officials, the accused identified as Mohammad Hanif Noor Mohammad sodomised the victim after taking him away under the pretext of some work.

According to the police, after the accused sodomised him on May 8, the victim was not in a state to go to the madrassa. “The victim’s uncle asked him to go to the madrassa to study, but on May 10, the boy panicked. When his uncle started questioning him, he came to know about the incident,” said an officer from Dharavi police station.

Family members then filed a complaint with the madrassa authorities following which the accused was suspended.
DCP Dhananjay Kulkarni said, “The boy was sodomised on two occasions in the course of the last two weeks.

The first was on May 8 in a madrassa, which comes under the jurisdiction of the Dharavi police. We are yet to find out when the second incident took place. The father of the victim finally filed a complaint with the Dharavi police station on Saturday.”

The accused was arrested under section 377 (unnatural offence) of the Indian Penal Code. Investigations are on to ascertain when the second incident took place.

 

Open Letter to Facebook- to take action on gender-based hate speech #FBRape #Vaw


rape11

May 21, 2013

An Open Letter to Facebook:

We, the undersigned, are writing to demand swift, comprehensive and effective action addressing the representation of rape and domestic violence on Facebook. Specifically, we call on you, Facebook, to take three actions:

  1. Recognize speech that trivializes or glorifies violence against girls and women as hate speech and make a commitment that you will not tolerate this content.
  2. Effectively train moderators to recognize and remove gender-based hate speech.
  3. Effectively train moderators to understand how online harassment differently affects women and men, in part due to the real-world pandemic of violence against women.

To this end, we are calling on Facebook users to contact advertisers whose ads on Facebook appear next to content that targets women for violence, to ask these companies to withdraw from advertising on Facebook until you take the above actions to ban gender-based hate speech on your site. (We will be raising awareness and contacting advertisers on Twitter using the hashtag #FBrape.)

Specifically, we are referring to groups, pages and images that explicitly condone or encourage rape or domestic violence or suggest that they are something to laugh or boast about. Pages currently appearing on Facebook include Fly Kicking Sluts in the Uterus, Kicking your Girlfriend in the Fanny because she won’t make you a Sandwich, Violently Raping Your Friend Just for Laughs, Raping your Girlfriend and many, many more.  Images appearing on Facebook include photographs of women beaten, bruised, tied up, drugged, and bleeding, with captions such as “This bitch didn’t know when to shut up” and “Next time don’t get pregnant.”

These pages and images are approved by your moderators, while you regularly remove content such as pictures of women breastfeeding, women post-mastectomy and artistic representations of women’s bodies.  In addition, women’s political speech, involving the use of their bodies in non-sexualized ways for protest, is regularly banned as pornographic, while pornographic content – prohibited by your own guidelines – remains.  It appears that Facebook considers violence against women to be less offensive than non-violent images of women’s bodies, and that the only acceptable representation of women’s nudity are those in which women appear as sex objects or the victims of abuse.  Your common practice of allowing this content by appending a [humor] disclaimer to said content literally treats violence targeting women as a joke.

The latest global estimate from the United Nations Say No to Violence Campaign is that the percentage of women and girls who have experienced violence in their lifetimes is now up to an unbearable 70%. In a world in which this many girls and women will be raped or beaten in her lifetime, allowing content about raping and beating women to be shared, boasted and joked about contributes to the normalisation of domestic and sexual violence, creates an atmosphere in which perpetrators are more likely to believe they will go unpunished, and communicates to victims that they will not be taken seriously if they report.

According to a UK Home Office Survey, one in five people think it is acceptable in some circumstances for a man to hit or slap his wife or girlfriend in response to her being dressed in sexy or revealing clothes in public. And 36% think a woman should be held fully or partly responsible if she is sexually assaulted or raped whilst drunk. Such attitudes are shaped in part by enormously influential social platforms like Facebook, and contribute to victim blaming and the normalisation of violence against women.

Although Facebook claims, in a narrowly-defined defense of free speech, not to be involved in challenging norms or censoring people’s speech, you have in place procedures, terms and community guidelines that you interpret and enforce.Facebook prohibits hate speech and your moderators deal with content that is violently racist, homophobic, Islamophobic, and anti-Semitic every day. Your refusal to similarly address gender-based hate speech marginalizes girls and women, sidelines our experiences and concerns, and contributes to violence against them.  Facebook is an enormous social network with more than a billion users around the world, making your site extremely influential in shaping social and cultural norms and behaviors.

Facebook’s response to the many thousands of complaints and calls to address these issues has been inadequate. You have failed to make a public statement addressing the issue, respond to concerned users, or implement policies that would improve the situation. You have also acted inconsistently with regards to your policy on banning images, in many cases refusing to remove offensive rape and domestic violence pictures when reported by members of the public, but deleting them as soon as journalists mention them in articles, which sends the strong message that you are more concerned with acting on a case-by-case basis to protect your reputation than effecting systemic change and taking a clear public stance against the dangerous tolerance of rape and domestic violence.

In a world in which hundreds of thousands of women are assaulted daily and where intimate partner violence  remains one of the leading causes of death for women around the world, it is not possible to sit on the fence.  We call on Facebook to make the only responsible decision and take swift, clear action on this issue, to bring your policy on rape and domestic violence into line with your own moderation goals and guidelines.

 Sincerely,

Laura Bates, The Everyday Sexism Project

Soraya Chemaly, Writer and Activist

Jaclyn Friedman, Women, Action & the Media (WAM!)

Angel Band Project

Advocates for Youth

Anne Munch Consulting, Inc.

Arts Against Abuse

Association for Progressive Communications Women’s Rights Programme

Black Feminists

The Body is Not An Apology

Breakthrough

Caleb’s Hope

Canadian Network of Women’s Shelters & Transition Houses

Canadian Women’s Foundation

Care2.org

Catharsis Productions

Chicago Alliance Against Sexual Exploitation

Collective Action for Safe Spaces

Collective Administrators of Rapebook

Collective Shout

Cornershop Creative

CounterQuo

Dear Facebook

End Violence Against Women Coalition

Equality Now

The EQUALS Coalition

FAAN Mail

The Fawcett Society

Fem 2.0

Feminist Peace Network

The Feminist Wire

FORCE: Upsetting Rape Culture

A Girl’s Guide to Taking Over the World

Girls’ Globe

Guerilla Feminism

Hardy Girls, Healthy Women

Hollaback!

Illinois Coalition Against Sexual Assault

International Council of Jewish Women

Jackson Katz, PhD., Co-Founder and Director, Mentors in Violence Prevention

Je Suis Féministe

Lauren Wolfe, Director of WMC’s Women Under Siege

The Line Campaign

Make Me a Sammich

Making Herstory

Media Equity Collaborative

MissRepresentation.org

Ms. Magazine

New Moon Girls

No Hate Speech Movement

No More Page 3

O Clítoris da Razão

Object

Our Bodies, Ourselves

Oregon Foundation for Reproductive Health

The Pixel Project

Powered By Girl

Rape Victim Advocates

RH Reality Check

Role/Reboot

Sanctuary for Families

SEASN (Solidarity, Equity & Activist Support Network)

Secular Woman

Sheryl Sandberg “Lean In” and Remove Misogyny from Facebook

The Sin City Siren

Social Media Week

SPARK Movement

Stop Street Harassment

Take Back the Tech!

Tech LadyMafia

Time To Tell

Unite Women NY

UniteWomen.org

The Uprising of Women in the Arab World

V-Day

The Voices and Faces Project

White Ribbon Campaign

Women In Media & News (WIMN)

Women Inspire Network

Women on the Edge Foundation

Women Online/The Mission List

The Women’s Media Center

Women’s Networking Hub

The Women’s Room

Women’s Views on News

World Wide Women

YWCA Canada

YWCA Moncton

YWCA Toronto

 

Supreme Court – Two-finger test violates rape survivor’s right to privacy #Vaw #Goodnews


Press Trust of India | Posted on May 19, 2013

New Delhi: The Supreme Court has held that the two-finger test on a rape survivor violates her right to privacy, and asked the government to provide better medical procedures to confirm sexual assault. A bench of Justices BS Chauhan and FMI Kalifulla said even if the report of the two-finger test is affirmative, it cannot give rise to presumption of consent on part of a rape victim.

“Undoubtedly, the two-finger test and its interpretation violates the right of rape survivors to privacy, physical and mental integrity and dignity. Thus, this test, even if the report is affirmative, cannot ipso facto, be given rise to presumption of consent,” the bench said.

The two-finger test entails medical inspection of the female hymen. Referring to various international covenants, the judges said rape survivors are entitled to legal recourse that does not violate their physical or mental integrity and dignity.

Two-finger test violates rape survivor\'s right to privacy: SCThe apex court said that rape survivors are entitled to legal recourse that does not re-traumatise them.

“Medical procedures should not be carried out in a manner that constitutes cruel, inhuman or degrading treatment and health should be of paramount consideration while dealing with gender-based violence,” the apex court said. “The State is under an obligation to make such services available to survivors of sexual violence. Proper measures should be taken to ensure their safety and there should be no arbitrary or unlawful interference with her privacy,” the bench said.

Keeping in mind the International Covenant on Economic, Social, and Cultural Rights 1966 and the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985, the Supreme Court said, rape survivors are entitled to legal recourse that does not re-traumatise them or violate their physical or mental integrity and dignity. “They are also entitled to medical procedures conducted in a manner that respects their right to consent,” it said.

 

Jaipur: 5 deaf, mute orphan girls raped and beaten by school staff #Vaw #WTFnews


PTI  Jaipur, May 18, 2013

Advertisement

Five deaf and mute orphan girls were allegedly raped and beaten by staff at a residential school run by an NGO in Kanota area in Jaipur.

Four persons, including the director of the NGO ‘Awaaz Foundation’ have been arrested after the incident was reported to police on Saturday, DCP (East) Shweta Dhankar said on Sunday.

“The girls, aged between 15-17 years, were staying at the hostel run by Awaaz Foundation where two employees Ashok and Suresh had been sexually exploiting them for some time. The girls were raped and beaten, and when they approached the NGO officials, their complaints were ignored,” she said.

The girls were from a juvenile shelter home in Gandhi Nagar and had been sent to the residential school, which runs with the support from the Social Justice department, to undergo a training, police said.

The case came to light when the girls returned to their shelter home, run by the state government, in Gandhi Nagar after completing the course.

“We have arrested Alpana Sharma, who runs the NGO, and employees Geeta, Suresh and Ashok. A few more arrests are likely to happen soon,” the DCP added.

Police said that 109 students were staying at the hostel, which has been functioning for the last six years.

Meanwhile, People’s Union for Civil Liberties activists today protested in front of the girls’ home in Gandhi Nagar and demanded action against the culprits involved in the case.

 

Raped in India? Better marry your rapist, says G P Mathur retired jurist #Vaw #Womenrights #WTFnews


To Wed Your Rapist, or Not: Indian Women on Trial

By TRIPTI LAHIRI and AMOL SHARMA

[image]Associated PressActivists in New Delhi marched on Parliament earlier this year, protesting in one of several high-profile sexual-assault cases that have focused attention on women’s rights in India.

NEW DELHI—Just weeks after a gang-rape that shocked India, the National Human Rights Commission convened a meeting to discuss what to do about violence against women.

At the January gathering, G.P. Mathur, a retired Supreme Court justice, startled the crowd: He said it can be appropriate for women to marry their alleged rapists, provided the marriage isn’t coerced. In a recent interview with The Wall Street Journal in which he elaborated on his views, Mr. Mathur described such marriages as “compromises” that victims and their families seek in order to avoid the stigma of a public trial.

As India engages in soul-searching after a series of high-profile sexual assaults, prominent lawyers, professors, women’s advocates and even some judges say the views of some of India’s judiciary can be an obstacle to justice. The Indian legal system is built on British common law, and cases are decided by a sitting judge, not by a jury.

There is “a bias that begins in the society and spills over to the courtroom,” in certain sex-assault and domestic-violence cases, said Indira Jaising, an Indian additional solicitor general, a top federal legal-advisory position. She has called for a “gender audit,” an examination of rulings for bias, to be added to the process of elevating judges to higher courts.

“Courts repeatedly talk about getting married as the most important thing for a woman,” said Mrinal Satish, a National Law University professor whose research shows that courts have given shorter sentences to rapists of women judged not to be virgins, compared with rapists of virgins.

The rape of an unmarried virgin was viewed by the courts as “a loss of value because of which she’s not being able to get married,” Mr. Satish said. “It’s not legal reasoning.” He examined some 800 High Court and Supreme Court rape-case appeals decided between 1984 and 2009.

Since the December gang-rape and death of a 23-year-old woman on a bus in New Delhi, there have been widespread calls for better protection for women. The government has toughened rape penalties and vowed to put more female police officers on the beat. In recent weeks, new attacks—including the alleged rape of a five-year-old in Delhi—have sparked fresh protests.

Even though it is unusual for judges to criticize their peers, some are speaking out. A Supreme Court ruling in January expressed “anguish” over remarks by a lower-court judge suggesting that “wife-beating is a normal facet of married life.”

In the Journal interview, Mr. Mathur, the former Supreme Court justice, explained his view on marriage “compromise”—where a woman weds her alleged attacker—saying it can be an acceptable outcome if both people believe they can live happily together. He said victims’ families are often motivated to pursue such arrangements because the stigma of rape might otherwise make it difficult for the woman to marry. He reiterated that “it should be voluntary, a free consent.”

As an example, Mr. Mathur cited a case he adjudicated in 2007 that ended in marriage. In it, a man was convicted of forcing a woman to have a miscarriage, by use of a drug, without her consent, and was sentenced to seven years’ jail time.

[image]Getty Images‘There is a prejudice that plays itself out in judgments,’ says lawyer Vrinda Grover.

During appeal, the woman told the court she had since agreed to what Mr. Mathur called a compromise marriage. As a result, a Supreme Court bench of Mr. Mathur and Altamas Kabir (currently the court’s chief justice) reduced the man’s sentence to time served, about 10 months. Mr. Kabir declined to be interviewed through his secretary. The husband and wife couldn’t be reached for comment.

Mr. Mathur, in the Journal interview, also questioned the extent to which judges should rely on an alleged victim’s testimony. “A grown-up girl who is married or used to sexual intercourse, she can accuse anybody,” he said. “It is very easy for her to say, ‘Yes, this person raped me.'”

The question of a woman’s believability is at the heart of one appeal currently pending in Delhi’s High Court. In the case, a woman alleges she was raped by a friend when she visited his house for lunch.

A lower court ruled that she was lying, citing among other things the fact that she could have scratched the man’s genitals, but didn’t. “Ordinarily, where forcibly sexual intercourse is committed upon a grown up girl there would be…some injuries on the person of accused particularly, if she has long nails,” the 2011 judgment said. The lack of such injuries “indicates that the alleged intercourse was a peaceful affair.”

The trial judge didn’t respond to requests for comment delivered through his clerk. The defense lawyer said his client maintains his innocence.

Indian society can be conservative in its views of male-female relationships. These views found expression in the weeks after December’s gang-rape of a young woman on a New Delhi bus after a night at the movies—an attack that horrified India and the world.

In one instance, a prominent spiritual figure, Asaram Bapu, told his disciples that the victim could have avoided trouble if she had “chanted a prayer, taken one of her attackers by the hand, and called him ‘brother,'” according to a recording of the lecture. He also said, “If stronger laws are made, women will ensnare men with false cases.”

A spokeswoman for the guru confirmed the remarks were Mr. Bapu’s.

Separately, a local lawmaker in Rajasthan state, Banwari Lal Singhal, wrote to a government official saying that one solution to sexual violence is to not wear skirts at schools. Boys use cellphones to “click photos of girls while they wait for the school bus,” he said to the Journal at the time. “This increases social crime.”

In a recent interview, Mr. Singhal said his proposal was intended only for his district. He said another reason for girls to wear trousers or Indian garb, besides preventing sex crimes, is to protect against the desert climate.

In March, in Parliamentary debate over a bill strengthening sexual-violence laws, several legislators suggested that the government was going too far. The law, which ultimately passed, creates new crime categories including stalking.

“You’re saying girls shouldn’t be followed,” said Sharad Yadav, a legislator from Bihar state, according to a Parliament transcript. “Who among us has not followed girls? When you want to talk to a woman she won’t at first, you have to put in a lot of effort.”

Mr. Yadav didn’t respond to a request for comment.

Associated PressThe Indian Supreme Court’s chief justice, Altamas Kabir, has hailed some protesters.

Other lawmakers, however, took an opposing view. “What has happened to us?” said Pinaki Misra of Orissa state, the transcript shows. “There has to be a collective introspection that this country has to undertake.”

Indians pondering the roots of sexism debate many possible influences, from the machismo of swaths of northern India, to mythology, to caste. Caste-rights groups, in fact, say that some violence against women is a backlash against a modern blurring of caste lines. In particular they cite “honor killings,” in which young women and men are killed for forming relationships across caste lines. Mr. Yadav, in the March debate in Parliament, called for shelters for such couples, noting the immense harassment they face.

In a court of law, it can sometimes count against a woman if she has male friends. “There is a prejudice that plays itself out in judgments—if you are friendly with somebody, you are agreeing to making yourself available,” said lawyer Vrinda Grover.

Problems can also arise if a woman is perceived as disobedient to her family. In January the Supreme Court overturned a state-court acquittal of more than 30 men accused of raping a teenager and holding her as a sex slave. The lower court had acquitted based partly on testimony that the girl had once lied to her parents about having given money to a friend that was meant for her school expenses.

The lie suggested she was a “deviant,” the court ruled. The judge also wrote that the young woman appeared to be planning a trip with a male friend, “without any specific plan for marriage and family life with him.”

In an interview broadcast on Indian television earlier this year, one of the justices on the two-person bench, R. Basant, said he stood by the court’s assessment of deviance and its judgment. “She was used for child prostitution,” he said in that interview. “Child prostitution is not rape. It’s immoral.”

Mr. Basant, who now practices as a lawyer, declined to comment. The other judge is deceased.

Some judges are calling for greater awareness about crimes against women. In January, Mr. Kabir, the Supreme Court chief justice, hailed the protesters who took to the streets after December’s bus rape.

Bhagwati Prasad, the chief justice of Jharkhand state until retiring from the bench in 2011, said that judges, like anyone, are influenced by their social conditioning. “You have to forget everything” that happens outside the courtroom, Mr. Prasad said.

He said a court would likely consider it relevant in a sexual-assault case if the woman had prior sexual experience. Still, even in these cases, if the woman doesn’t alter her account under questioning, the court will believe her, he said. “Conviction is only secured when the girl sticks to her statement that, ‘Yes, I have been forced,'” he said.

Mr. Prasad also said that he was aware of cases in which he believed women were the aggressors against men. “I would not say that rape is only committed by boys,” he said. Asked for an example of such a case, Mr. Prasad offered a tale from Hindu mythology of a woman who tries to seduce her stepson.

Some textbooks until recently fostered the idea that it isn’t physically possible for some women to be raped. A 2005 edition of “Medical Jurisprudence and Toxicology,” used in court for guidance on evaluating medical evidence, stated: “In normal circumstances, it is not possible for a single man to hold sexual intercourse with a healthy adult female in full possession of her senses against her will.”

It also stated that women of different social strata should be expected to offer different degrees of resistance to rape. “It is obvious that a woman belonging to a labouring class, who is accustomed to hard and rough work,” would be able to fight off an assailant, it said. But a middle-class woman “might soon faint or be rendered powerless from fright or exhaustion.”

This edition was used until 2011, when these passages were revised. The book now says it is “wrong to stereotype” in instances of rape. It also specifies that “rape is a crime and not a medical diagnosis.”

The 2011 edition, however, still refers to young women as “nubile virgins.” And in cases where assault victims are believed to be virgins, the book recommends a controversial vaginal exam, known as the “two-finger test,” that purports to show whether intercourse was physically possible.

LexisNexis India, which acquired the book’s Indian publisher in 2008, said it will completely overhaul the 2014 edition. “We realize how important this book is for the trial process,” said Abha Thapalyal Gandhi of LexisNexis India. The next edition will have “comprehensive changes” to reflect “gender justice approaches and new medical research.”

The book’s author died in 1954. K. Kannan, a retired justice and one of two editors for the 2011 edition, said, “I should have gone even more aggressively” in reworking the text. “We need to be sensitive,” he said.

Mr. Kannan said he is completely against the two-finger test. “Rape is not a medical thing,” he said. “It is not for doctors to be saying.”

Ved Kumari, a professor in Delhi University’s law school, suggested that adding more female judges, as some have advocated, won’t on its own address the bias issue. She described one female judge confiding in her that she had been “harsher to women litigants because I expected a higher level of adjustment from them compared with the men.” The judge comes from a traditional family, Ms. Kumari said, whereas a woman she has been required to make “a lot of sacrifices” herself.

Ms. Kumari, who also has served as chairwoman of the Delhi Judicial Academy, which provides training to serving judges, blames part of the problem on Indian legal education. Rape laws weren’t taught at Delhi University’s law school when she became a professor more than 25 years ago, she said. She and other colleagues pushed for their inclusion in the mid-1990s, she said. She recalled one male professor who declined to teach that portion of the class, so she did it herself.

The law school’s dean, Ashwani Kumar Bansal, who was a law professor at that time, called the episode a minor one. “Indian morés, ethos, were different” then, he said.

Things started changing in the late 1990s, when a small survey of Indian judges found that 48% of respondents said it was justifiable for a husband to occasionally slap his wife. After that, a group of nonprofit groups launched gender-sensitivity training for judges. The judges would meet with abuse victims and role-play the part of a victim’s parent.

It is difficult for judges to acknowledge that they carry “social baggage” and prejudices, said Samaresh Banerjea, a retired judge from Kolkata High Court. He went through the gender-sensitivity program a few years ago and said it altered his outlook.

Something “clicked in my mind,” he said. “To learn many things, you have to unlearn many things.”

Write to Tripti Lahiri at tripti.lahiri@wsj.com and Amol Sharma atamol.sharma@wsj.com

 

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