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

Delhi – Nepalese woman gang-raped #Vaw


STAFF REPORTER, The Hindu

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

A young Nepalese woman was allegedly drugged, gang-raped by three young men in a car and then dumped in a jungle in South Delhi on Wednesday. The victim has been admitted to Safdarjung Hospital and is stated to be out of danger.

The 20-year-old woman was found in a semi-conscious state near Nanakpura Gurdwara in Moti Bagh around 7-30 a.m. on Thursday by a passerby. She had scribbled some words on the ground, including her name, indicating that she was raped and that she was a Nepalese living at Kotla (Mubarakpur) in South Delhi.

The passerby called up the Police Control Room at 7-40 a.m. The victim was then taken to Safdarjung Hospital in a police vehicle. “Her medical examination revealed no external or internal injuries,” said a police officer.

The woman is not yet fit for recording her statement, but she has been able to disclose her identity to the police. She got married a couple of months ago to a Nepalese living in Kotla Mubarakpur but had herself been living in a house at Defence Colony where she works as a domestic help. Her husband works at a restaurant in Greater Kailash.

The woman told the police that on Wednesday night she had gone to Chirag Dilli to meet her brother.

“She is unable to recall her brother’s name. She says that she went to his residence around 11 p.m. and found it locked from outside,” said the officer. The woman then went to a nearby bus queue shelter where she was waiting for a public transport vehicle when a car stopped close to her.

Car driver

The car driver offered her a lift and oblivious of what lay ahead, she got into the vehicle.

On the way, two more young men, got into the vehicle.

“The woman told us that they first went to Vasant Kunj and then drove to neighbouring Gurgaon. She alleges that while travelling, the three youth offered her two glasses of cold drinks. Soon after she consumed the cold drinks, she fell unconscious and does not remember what happened thereafter,” said the officer.

The victim told the police that when she regained consciousness, she found herself lying in a jungle. She somehow walked some distance where an auto-rickshaw driver spotted her and finding her in that condition offered help. The driver then dropped the woman near Nanakpura Gurdwara.

“She has so far not accused anyone of having raped her. She does not remember the make of the vehicle in which she had taken lift and cannot also give the description of the persons involved. At this stage, she cannot recall whether she was raped or not. Therefore, on the basis of the PCR call we have registered a case of gang-rape and intoxication at the South Campus police station and are trying to reconstruct the sequence of events leading up to the incident. We have also contacted the victim’s husband,” the officer added.

Keywords: Safdarjung Hospit

 

IMMEDIATE RELEASE- Statement condemning sexual violecne and opposing #deathpenalty


STATEMENT BY WOMEN’S AND PROGRESSIVE GROUPS AND INDIVIDUALS CONDEMNING

SEXUAL VIOLENCE

AND

OPPOSING DEATH PENALTY

On 16 December, 2012, a 23-year old woman and her friend hailed a bus at a crossing in South Delhi. In the bus, they were both brutally attacked by a group of men who claimed to be out on a ‘joy-ride’. The woman was gang raped and the man beaten up; after several hours, they were both stripped and dumped on the road. While the young woman is still in hospital, bravely battling for her life, her friend has been discharged and is helping identify the men responsible for the heinous crime.

We, the undersigned, women’s, students’ and progressive groups and concerned citizens from around the country, are outraged at this incident and, in very strong terms, condemn her gang rape and the physical and sexual assault.

As our protests spill over to the streets all across the country, our demands for justice are strengthened by knowing that there are countless others who share this anger. We assert that rape and other forms of sexual violence are not just a women’s issue, but a political one that should concern every citizen. We strongly demand that justice is done in this and all other cases and the perpetrators are punished.

This incident is not an isolated one; sexual assault occurs with frightening regularity in this country. Adivasi and dalit women and those working in the unorganised sector, women with disabilities, hijras, kothis, trans people and sex workers are especially targeted with impunity – it is well known that the complaints of sexual assault they file are simply disregarded. We urge that the wheels of justice turn not only to incidents such as the Delhi bus case, but to the epidemic of sexual violence that threatens all of us. We need to evolve punishments that act as true deterrents to the very large number of men who commit these crimes. Our stance is not anti-punishment but against the State executing the death penalty. The fact that cases of rape have a conviction rate of as low as 26% shows that perpetrators of sexual violence enjoy a high degree of impunity, including being freed of charges.

Silent witnesses to everyday forms of sexual assault such as leering, groping, passing comments, stalking and whistling are equally responsible for rape being embedded in our culture and hence being so prevalent today. We, therefore, also condemn the culture of silence and tolerance for sexual assault and the culture of valorising this kind of violence.

We also reject voices that are ready to imprison and control women and girls under the garb of ‘safety’, instead of ensuring their freedom as equal participants in society and their right to a life free of perpetual threats of sexual assault, both inside and outside their homes.

 

In cases (like this) which have lead to a huge public outcry all across the country, and where the perpetrators have been caught, we hope that justice will be speedily served and they will be convicted for the ghastly acts that they have committed. However, our vision of this justice does not include death penalty, which is neither a deterrent nor an effective or ethical response to these acts of sexual violence. We are opposed to it for the following reasons:

1.    We recognise that every human being has a right to life. Our rage cannot give way to what are, in no uncertain terms, new cycles of violence. We refuse to deem ‘legitimate’ any act of violence that would give the State the right to take life in our names. Justice meted by the State cannot bypass complex socio-political questions of violence against women by punishing rapists by death. Death penalty is often used to distract attention away from the real issue – it changes nothing but becomes a tool in the hands of the State to further exert its power over its citizens. A huge set of changes are required in the system to end the widespread and daily culture of rape.

2.    There is no evidence to suggest that the death penalty acts as a deterrent to rape. Available data shows that there is a low rate of conviction in rape cases and a strong possibility that the death penalty would lower this conviction rate even further as it is awarded only under the ‘rarest of rare’ circumstances. The most important factor that can act as a deterrent is the certainty of punishment, rather than the severity of its form.

3.    As seen in countries like the US, men from minority communities make up a disproportionate number of death row inmates. In the context of India, a review of crimes that warrant capital punishment reveals the discriminatory way in which such laws are selectively and arbitrarily applied to disadvantaged communities, religious and ethnic minorities. This is a real and major concern, as the possibility of differential consequences for the same crime is injustice in itself.

4.    The logic of awarding death penalty to rapists is based on the belief that rape is a fate worse than death. Patriarchal notions of ‘honour’ lead us to believe that rape is the worst thing that can happen to a woman. There is a need to strongly challenge this stereotype of the ‘destroyed’ woman who loses her honour and who has no place in society after she’s been sexually assaulted. We believe that rape is tool of patriarchy, an act of violence, and has nothing to do with morality, character or behaviour.

5.    An overwhelming number of women are sexually assaulted by people known to them, and often include near or distant family, friends and partners. Who will be able to face the psychological and social trauma of having reported against their own relatives? Would marital rape (currently not recognised by law), even conceptually, ever be looked at through the same retributive prism?

6.    The State often reserves for itself the ‘right to kill’ — through the armed forces, the paramilitary and the police. We cannot forget the torture, rape and murder of ThangjamManoramaby the Assam Rifles in Manipur in 2004 or the abduction, gang rape and murder of Neelofar and Aasiya of Shopian (Kashmir) in 2009.Giving more powers to the State, whether arming the police and giving them the right to shoot at sight or awarding capital punishment, is not a viable solution to lessen the incidence of crime.
Furthermore, with death penalty at stake, the ‘guardians of the law’ will make sure that no complaints against them get registered and they will go to any length to make sure that justice does not see the light of day. The ordeal of Soni Sori, who had been tortured in police custody last year, still continues her fight from inside aprison in Chattisgarh, in spite of widespread publicity around her torture.

7.    As we know, in cases of sexual assault where the perpetrator is in a position of power (such as in cases of custodial rapeor caste and religionviolence), conviction is notoriously difficult. The death penalty, for reasons that have already been mentioned, would make conviction next to impossible.

We, the undersigned, demand the following:

  • Greater dignity, equality, autonomy and rights for women and girls from a society that should stop questioning and policing their actions at every step.
  • Immediate relief in terms of legal, medical, financial and psychological assistance and long-term rehabilitation measures must be provided to survivors of sexual assault.
  • Provision of improved infrastructure to make cities safer for women, including well-lit pavements and bus stops, help lines and emergency services.
  • Effective registration, monitoring and regulation of transport services (whether public, private or contractual) to make them safe, accessible and available to all.
  • Compulsory courses within the training curriculum on gender sensitisation for all personnel employed and engaged by the State in its various institutions, including the police.
  • That the police do its duty to ensure that public spaces are free from harassment, molestation and assault. This means that they themselves have to stop sexually assaulting women who come to make complaints. They have to register all FIRs and attend to complaints. CCTV cameras should be set up in all police stations and swift action must be taken against errant police personnel.
  • Immediate setting up of fast track courts for rape and other forms of sexual violence all across the country. State governments should operationalise their creation on a priority basis. Sentencing should be done within a period of six months.
  • The National Commission for Women has time and again proved itself to be an institution that works against the interests of women. NCW’s inability to fulfil its mandate of addressing issues of violence against women, the problematic nature of the statements made by the Chairperson and its sheer inertia in many serious situations warrants that the NCW role be reviewed and auditedas soon as possible.
  • The State acknowledges the reality of custodial violence against women in many parts of the country, especially in Kashmir, North-East and Chhattisgarh. There are several pending cases and immediate action should be taken by the government to punish the guilty and to ensure that these incidents of violence are not allowed to be repeated.
  • Regarding the Criminal Law (Amendment) Bill 2012, women’s groups have already submitted detailed recommendations to the Home Ministry. We strongly underline that the Bill must not be passed in its current form because of its many serious loopholes and lacuna. Some points:

–      There has been no amendment to the flawed definition of consent under Sec 375IPC and this has worked against the interest of justice for women.

–      The formulation of the crime of sexual assault as gender neutralmakes the identity of the perpetrator/accused also gender neutral. We demand that the definition of perpetrator be gender-specific and limited to men. Sexual violence also targets transgender people and legal reform must address this.

–      In its current form, the Bill does not recognise the structural and graded nature of sexual assault, based on concepts of hurt, harm, injury, humiliation and degradation. The Bill also does not use well-established categories of sexual assault, aggravated sexual assault and sexual offences.

–      It does not mention sexual assault by security forces as a specific category of aggravated sexual assault. We strongly recommend the inclusion of perpetration of sexual assault by security forces under Sec 376(2).

Endorsed by the following groups and individuals:

 

  • Citizens’ Collective against Sexual Assault (CCSA)
  • Purnima, Nirantar, New Delhi
  • Sandhya Gokhale, Forum Against Oppression of Women, Bombay
  • Deepti, Saheli, Delhi
  • Mary John, Centre for Women’s Development Studies (CWDS), New Delhi
  • Jagori, Delhi
  • Vimochana, Bangalore
  • Stree Mukti Sanghathan, Delhi
  • Madhya Pradesh Mahila Manch
  • Kavita Krishnan, AIPWA, New Delhi
  • Anuradha Kapoor ,Swayam, Calcutta
  • Kalpana Mehta, Manasi Swasthya Sansthan, Indore
  • Nandita Gandhi, Akshara, Bombay
  • Indira, Women against Sexual Violence and State Repression, (WSS), New Delhi
  • National Alliance of people’s Movements (NAPM)
  • Mallika, Maati, Uttarakhand
  • Meena Saraswathi Seshu, SANGRAM, Sangli
  • GRAMEENA MAHILA Okkutta, Karnataka
  • WinG Assam
  • Arati Chokshi, PUCL, Bangalore.
  • Action India, Delhi
  • Majlis Law, Legal Services for Women, Mumbai
  • Sahiayar (Stree Sangathan), Vadodara, Gujarat
  • Vasanth Kannabiran (NAWO, AP) Asmita
  • Sheba George, SAHRWARU
  • SAMYAK, Pune
  • Shabana Kazi, VAMP
  • Sruti disAbility Rights Centre, Kolkata
  • Forum to Engage Men (FEM), New Delhi
  • MASVAW( Men Action for stopping Violence Against Women), UP
  • Breakthrough, New Delhi
  • V Rukmini Rao, Gramya Resource Centre for Women, Secunderabad
  • LABIA, a queer feminist LBT collective, Mumbai
  • Law Trust, Tamil Nadu
  • Men’s Action to Stop Violence agaisnt Women (MASVAW), UP
  • National Forum for Single Women’s Rights
  • NAWO-AP, Arunachal Pradesh Women’s Welfare Society (APWWS)
  • Indigenous Women’s Resource Centre (IWRC)
  • New Socialist Initiative, Delhi
  • Gabriele Dietrich, Pennurimai Iyakkam
  • Sangat, a South Asian Feminist Network
  • Stree Mukti Sanghatana, Mumbai
  • SWATI, Ahmedabad
  • Tamil Nadu Women Fish Workers Forum
  • Subhash Mendhapurkar,SUTRA, H.P.
  • Mario, Nigah, queer collective, New Delhi
  • Sushma Varma, Samanatha Mahila Vedike, Bangalore
  • Priti Darooka, PWESCR (The Programme on Women’s Economic,Social and Cultural Rights), New Delhi
  • Pushpa Achanta (WSS, Karnataka)
  • AWN, Kabul
  • AZAD and Sakha Team, Delhi
  • Ekta, Madurai
  • Empower People
  • Vrinda Grover
  • Chayanika Shah, Bombay
  • Aruna Roy
  • Kalyani Menon-Sen, Feminist Learning Partnerships, Gurgaon
  • Nandini Rao
  • Pratiksha Baxi
  • Amrita Nandy
  • Farah Naqvi, Writer & Activist, Delhi
  • Nivedita Menon
  • Urvashi Butalia
  • Kaveri R I, Bengaluru
  • Dunu Roy
  • Harsh Mander
  • Anil TV
  • Laxmi Murthy, Journalist, Bangalore
  • Rahul Roy
  • Rituparna Borah, queer feminist activist
  • Ranjana Padhi, New Delhi
  • Trupti Shah, Vadodara, Gujarat
  • Vasanth Kannabiran
  • Sudha Bharadwaj
  • Veena Shatrugna,  Hyderabad
  • Kamayani Bali Mahabal
  • Kiran Shaheen, Journalist and activist
  • Lesley A Esteves, journalist, New Delhi
  • devangana kalita, assam
  • Aruna Burte
  • Anita Ghai
  • Mohan Rao, New Delhi
  • Rakhi Sehgal, New Delhi
  • Geetha Nambisan
  • Charan Singh, New Delhi
  • Manjima Bhattacharjya
  • Jinee Lokaneeta,Associate professor, Drew University, Madison, NJ
  • Kavita Panjabi, Jadavpur University, Kolkata
  • Albertina almeida, Goa
  • Satyajit Rath, New Delhi
  • Prerna Sud, New Delhi
  • Priya Sen, New Delhi
  • Aarthi Pai, Bangalore
  • Kalpana Vishwanath, Gurgaon
  • Aisha K. Gill, Reader, University of Roehampton, London
  • Ammu Abraham, Mumbai
  • Anagha Sarpotdar, Activist and PhD Student, Mumbai
  • Anand Pawar
  • Anuradha Marwah, Ajmer Adult Education Association (AAEA), Ajmer
  • Asha Ramesh, activist/researcher/consultant
  • Bondita
  • Gauri Gill, New delhi
  • Sophia Khan, Gujarat
  • Niranjani Iyer, Chennai
  • Dyuti Ailawadi
  • Gandimathi Alagar
  • Gayatri Buragohain – Feminist Approach to Technology (FAT), New Delhi
  • Geetha Nambisan, Delhi
  • Sadhna Arya, New Delhi
  • Vineeta Bal, New Delhi
  • Suneeta Dhar
  • Geeta Ramaseshan, Advocate, Chennai
  • Sonal Sharma, New delhi
  • Anusha Hariharan, Delhi/Chennai
  • Jayasree.A.K,
  • Gautam Bhan, New Delhi
  • Jayasree Subramanian, TISS,Hyderabad
  • Jhuma Sen, Advocate, Supreme Court
  • Teena Gill, New Delhi
  • Kannamma Raman
  • Karuna D W
  • Kavita Panjabi
  • Shalini Krishan, New Delhi
  • Lalita Ramdas, Secunderabad
  • Manasi Pingle
  • Madhumita Dutta, Chennai, Tamil Nadu
  • Manoj Mitta
  • Pamela Philipose
  • Parul Chaudhary
  • Preethi Herman
  • Sunil Gupta, New Delhi
  • Radha Khan
  • Rama Vedula
  • Rebecca John
  • Renu Khanna, SAHAJ
  • Rohini Hensman (Writer and Activist, Bombay)
  • Rohit Prajapati, Environmental activist, Gujarat
  • Roshmi Goswami
  • Shipra Nigam, Consultant Economist, Research and Information Systems, New Delhi
  • Shipra Deo, Agribusiness Systems International Vamshakti, Pratapgarh
  • Rukmini Datta
  • Sridala Swami
  • Sarba Raj Khadka, Kathmandu
  • Satish K. Singh, CHSJ
  • Shinkai Karokhail, from the Afghanistan Parliament
  • Sima Samar, Kabul
  • Smita Singh, FTII, Pune
  • Subhalakshmi Nandi
  • Sujata Gothoskar
  • Swar Thounaojam
  • Inayat Sabhikhi
  • Jaya Vindhyala, Hyderabad

 

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