Forceful Sex by relatives – Do we Have Laws in India to Protect the Victims?

Orphans In Kabul

A few days back I read that a father had impregnated his 15 year old daughter. His wife was aware of his acts. But she couldn’t do anything to protect her daughter. She was continuously threatened by her husband. When questioned by the police she confessed that she said she supported him because she was financially incapable. She was convinced that this was the best way to protect her daughter’s future and family’s reputation. On knowing the truth the society could have abandoned the daughter and the family (which would have affected the future of her other children as well).

The sexual intercourse between close relatives is referred to as incest. Certain cultures and tribes support incest. In Andra Pradesh, Menarikam marriage takes place where maternal uncle is married to his niece or marriage between cross cousins take place. Marriage between cross cousins is also allowed in Muslims, Zoroastrians and Jews. But in most cases incest is not consensual. In India crime of incest is considered a taboo and is seldom discussed.

Unfortunately it is not the offender but the victim who suffers the wrath of the society in such matters. When a child is raped or abused by her/his father, brother, uncle or any other close relative, her/he is also forced to continue the relation. The abuser usually threatens the child and convinces him/her that silence is the only resort he/she is left with. The child is continuously harassed and sexually abused by the perpetrator. It affects the child mentally, physically and psychologically. The mental agony may result in deterioration of health or diet. It is difficult for these victims to trust others in future.

A study by Tata Institute of Social Sciences points out that one out of three girls and one out of 10 boys had been sexually abused as a child. Fifty per cent of child sexual abuse occurs at home. 15 per cent were used for masturbation mostly by male relatives when they were less than 10 years old. Seventy- five per cent of the abusers were adult family members.

In India we do not have any specific legislation regarding “incest” whereas in many developed countries like U.S.A, Britain and Germany incest is treated as offense. The present Indian Law is insufficient to prevent child abuse. We have no specific law on child abuse. The Indian Penal Code recognizes rape and sodomy as an offence but it doesn’t treat child abuse specifically. Anything less than rape comes under the ambit of “outraging the modesty of a woman”, which is vague and open to interpretation. Moreover Section 354 (outraging the modesty of a woman) is a bailable offence and in many cases the accused may abscond easily. It only relates to women and therefore males cannot be protected under this section.

Although Section 23 of the Juvenile Justice Act deals with assault the punishment prescribed in it is only 6 months. Again Section 5 of the Immoral Traffic Prevention Act, 1956 prescribes punishment for seven years for inducement of child into prostitution but it does not address child abuse. The abuse of boys is usually overlooked. Only Section 377 talks about unnatural acts under which offences like sodomy may be charged.

Sexual abuse by relatives must not be spared. In most cases the family supports both the victim and the offender. If the perpetrator is acquitted, then the victim may be again subjected to the same violence. Regular workshops must be organized at schools to educate the children of their rights. Counselling must be provided to the victims. We generally deny the presence of incest in our society. This encourages the offender to commit such crimes. He is often convinced that the societal pressure would never let his victim reveal the truth. The weakness and inability of the society to react has always resulted in more of such crimes. We definitely need stringent laws in this regard. But we also need the help of students, teachers, parents, neighbours, police, judiciary, lawyers etc for implementing them.

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Save Tiger Campaign Gains Momentum – Please Stop Killing Our National Animal !!

Tiger skin, guns, stuffed tigers and photographs of tiger assassination were thought to be signs of bravery by the kings and British in past. But today’s commercial society is concentrating on the extraction of profit from the tiger trade.

One of the main ingredients of the traditional Chinese medicine is tiger bones. The export for this oriental medicine started in mid-1980. Moreover there is a significant demand of the tiger skins in the international market. Interestingly in India there is no domestic demand of tiger skins or bones.

The Wildlife Protection Society of India claims that the tribal are involved in the hunting of this cat. They are offered prices ranging from a dollar to fifteen depending upon the methods by them to kill the tiger. According to Wildlife Protection Society of India, 27 tigers were killed in 2007, 29 were killed in 2008 and 32 killed in 2009. From 2000-09 India has lost about 417 tigers due to poaching. The involvement of forest officers cannot be ruled out either. In 1993-94, 36 tiger skins and 667 kilos (1470 pounds) of tiger bones were seized in northern India probably they were to be exported to China.

Ingredients like parts of plants, the leaf, stem, flower, root, animals and minerals are integral parts of the traditional Chinese medicine. The Chinese demand for the use of parts of endangered animals like rhinoceros horns, seahorses and tiger bones and claws have escalated black marketing and poaching. In Asian cultures tiger is associated with potency. Thus there is huge demand for tiger penis and eyes which is presumed to cure virility. In October last year the tiger skin trade in China was exposed. The skins are used as luxury items for clothing and home decor. Officially buying and selling of body parts of animals is illegal in China. But in China the skin and other body parts of endangered animals are easily available.

Environmental Investigation Agency spokesperson Alasdair Cameron said that “We’re hoping to use the year of the tiger as a way to highlight the threats faced by the animal but traders in China are actually saying that next year is going to be great because people will want to get a piece of the tiger in the year of the tiger.” “There could actually be a spike in demand.”

Under the Wild Life (Protection) Act, 1972, a maximum sentence of three years imprisonment or a fine (up to Rs. 25,000) or both. The act specifies that killing endangered animals may result in an imprisonment of seven years. Animals like Black buck None can deny that there is a need for strict implementation of anti-poaching laws. The ministry is now planning to amend the present Act. It has decided to involve local people (forest residents) to assist in the protection of wildlife.

The cooperation of Bhils has already proved instrumental in saving the Black Bucks. The ministry is also relocating families residing in the core areas of tiger reserves. It would be done with their prior consent. They would be duly compensated for the same. The Environment and Forest Ministry of India along with the Supreme Court have released the CAMPA fund that will aid in the regeneration, conservation and preservation of the forests. The establishment of a Green Tribunal is also on cards. It would work as a special environment court in which cases related to environment and forests would be tried. Increasing forest area by afforestation is also a part of the proposal. A tri-partite Memorandum of Agreement(MoU) between the Ministry of Environment and Forests, Tiger Reserve Management and State governments may be signed. It would definitely ensure effective tiger conservation.

Tiger is our national animal. We take pride in associating ourselves with it. But the present statistics reveal that we will soon lose the big cat. Probably then animals like donkey, rat, cats or dogs would be chosen to represent India. It is a disgrace us that we are unable to protect our national pride. I agree that the masses are unaware of the happenings in forest but they can certainly pressurize government to take some action. The amendment would surely help in preservation of the wildlife. But its implementation would surely be a concern.

We require an efficient vigilant authority which would monitor the effective functioning of the forest agencies. Let’s do every little thing to save our national animal. I seriously don’t want rat to represent the country just because it can produce up to 29,000 or more a year. Let’s make tiger the survivor and not a souvenir to the nation.

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Taliban Leader Captured !!

Suspect In Attempted Airplane Terror Bombing Arraigned In Detroit

Taliban: This originally means students; has become a synonym of terror. The Shariat law prevails in the reign of the Taliban. They forbid pork, wine, music, lobster, cameras, pool tables, masks, chess, nail polish and many other things.  Taliban laws were not only draconian and inhuman in nature but were found sometimes contrasting to Shariat. They encouraged the production of opium (for export reasons) but opposed the production and consumption of hasheesh or alcohol.

It is alleged that Pakistan was one of the major sponsor of Taliban. It had not only provided arms and finance to the same but had also provide them military equipment, recruiting assistance, training and tactical advice. However Pakistan had always denied such relations. Recently United States had threatened Pakistan that its financial aid would be ceased if it continued supporting Taliban.

Today Mullah Abdul Ghani Baradar, the group’s No. 2 leader behind Afghan Taliban founder Mullah Mohammad Omar, who is a close associate of Osama bin Laden, was captured in Karachi. His arrest is certainly the great victory for the Americans. The tussle between U.S.A and Taliban had gained momentum after the 9/11 attacks. Although the mastermind behind the attacks Osama Bin Laden was never caught, the United States had declared a war against terror. It is believed that his arrest would cease the Taliban operations for some time. America is grateful for the support of Pakistani intelligence agency but still believes that the same could be arrested much earlier. They believe that Pakistan had given covert support to Taliban Leaders in past. The U.S. warning and the situation faced in Swat valley are probably the reasons for I.S.I support to America. Taliban has denied the news by saying it’s a rumour spread by “foreigners”. Even if the same is true, the position is still unclear under which law would be Baradar tried. Whether he would be tried under the law of Pakistan or United States? In past Taliban leaders have been tried under the U.S. law probably the same would be done in this case too.

While it is proclaimed that Baradar confession may lead to arrest of other Taliban leaders. It is also true that his capture would not damage Taliban’s working. He was a member of Taliban Shura. He performed mainly political work. This would definitely affect the organization on psychological level but would not affect it in totality. Obaidullah Akhund, a leader of same stature was also caught in 2007 with the help of Pakistani agencies. The other reason which supports the argument is that in Afghanistan if a leader dies or is captured it is a setback to the whole tribe. Baradar belonged to Popalzai Durrani tribe (which was against Taliban).

Taliban has been a growing force which is becoming powerful day by day. They have their allies all over the world. They not only misguide youth on basis of religion but also buy children for these purposes. The youth is conditioned such that they become human bombs. It is manipulate the pious term  “Jihad” and transform it into “terror”.

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The Clinical Establishments (Registration and Regulation) Bill, 2010: Will It Change the fate of accident victims?

The 201st Law Commission report states that “Road accidents are increasing at an alarming rate of 3% annually. About 10.1% of all deaths in India are due to accidents and injuries. A vehicular accident is reported every 3 minutes and a death. A trauma-related death occurs in India every 1.9 minutes.”

In India, the witnesses of an accident become mere spectators due to the fear of subsequent legal procedures and their lack of awareness about pre-medical care. Often the doctors ignore such victims by denying the authorization of these medico-legal cases. There is a lapse of almost 35 to 45 minutes time between the accident and the arrival at the hospital. This is usually because public is very scared to offer any help to the victim. The people are frightened that the same would turn out to be a police case. Very few people take up the responsibility to help him. Some formalities have to be addressed when the victim arrives at the hospital. Ultimately the patient is provided with some treatment. But at times the delay may even result in his death. In such cases the responsibility lies not only on the hospital but on the entire system.

The Court has not remained silent on the issue either. In Parmand Katra v. Union of India the Supreme Court observed that “Every injured citizen brought for medical treatment should instantaneously be given medical aid to preserve life and thereafter the procedural criminal law should be allowed to operate in order to avoid negligent death.” “The patient whether he be an innocent person or be a criminal liable to punishment under the laws of the society, it is the obligation of those who are in charge of the health of the community to preserve life so that the innocent may be protected and the guilty may be punished. Social laws do not contemplate death by negligence to tantamount to legal punishment.”

Samantha Mukherjee a 20 year old student died. The hospital had discontinued his treatment when a fee of RS 15,000 could not be arranged. The National Consumer Disputes Redressal Commission on hearing the case, stated that medical aid cannot be refused on the grounds that victim is unable to pay the fee.  The victim’s family was subsequently compensated with Rs.10 lakhs.

Fortunately, the enactment of a new legislation is on the cards. Movies like Munna Bhai M.B.B.S and others have always drawn our attention towards the miserable condition of accident victims who are often left unattended by the doctors.  Favorably on 22 February things might change.

The Clinical Establishments (Registration and Regulation) Bill, 2010 if passed by the Parliament would bring smiles to the face of many people. Although it primarily provides a legislative outline for the registration and regulation of clinical establishments in the country. It would also make it mandatory for doctors, hospitals and other medical establishments to treat and stabilize victims of road accidents and other emergency conditions. The act would apply to all systems of medicines and not only particularly to allopathy. The act would also apply to small clinics and even single doctors. The act would however not apply to Armed Forces Medical Service. The Act would primarily be applicable in Arunachal Pradesh, Himachal Pradesh, Mizoram, Sikkim and all the union territories. It is expected to be implemented by other states as well. Similar legislation have already been passed by Delhi, Maharashtra, Punjab, Nagaland, Andra Pradesh and Orrisa. It would also set minimum standards of facilities and services which surely improve the health services in the country.

It is definitely an optimistic step put forth by the legislature. It would highly benefit the accident victims. The victims would not only be given initial medical care but if the hospital is found  incompetent to provide the same the patient would be transferred to another hospital with adequate facilities. The doctors would no longer be allowed to leave such patients in agony. They would be obligated to provide them with due medical assistance.

The people must be made aware of the Act by advertisements and other means.  The notices should also be displayed in all clinics, dispensaries and hospitals. There is an urgent need for well-equipped and well-maintained ambulances in the country. Pre-medical training must be given at governmental and educational institutions.

In United States the person giving pre-medical assistance to accident victims is not subjected to any kind of damages. Similar position must be adopted in India as well. The common notion that prevails in the country that helping an accident victim would result in problems must be addressed. Law has only a minimum role to play when the moral responsibility of the citizens is involved. The constant fear of the public must be addressed both by the government and the police. For this more and more Community Policing schemes must be encouraged. The people who help accident victims must be given credit and recognition. Saving life is not only by saving people from drowning or murderers but also by providing the adequate medical help at the time of need.

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Valentine One Day International on 14 Feb – Lovers vs Hindu Politicians

Protest Against Valentines Day

Sunil Behl, a call centre employee was searching a perfect gift for his valentine. Unfortunately he wouldn’t meet her on 14th February as he got scared of the Hindu extremists. Well his fear doesn’t seem to be so unreasonable.

Every year all news channels showcase a debate featuring Hindu Protagonists, MTv VJ’s and Directors like Mahesh Bhatt. The issue is often left unresolved. The Bajrang Dal speaker well dressed in a formal suit alleges “This is not our culture. We strongly oppose it. It is the exhibition of vulgarity and obscenity.” But isn’t wearing pants something we borrowed from the west. And yes gifting valentine day cards, teddy bears, roses etc is not vulgar. It is a well known that lovers visit restaurants, pubs, parks, hotels and clubs all the year long.  But on 14th February the number increases considerably.

In India public display of love is considered a taboo. It comes under the ambit of obscenity. If the couples cross their limits and involve in anything ‘vulgar’, then the police can always charge them for the same. But isn’t urinating in public areas also obscene? Hasn’t Bajrang Dal thought about calling this act as exhibitionism of vulgarity? May be it hasn’t because that may outrage a considerable number of people.

Isn’t it absurd that we have a right to vote but we don’t have a right to decide whether we wish to celebrate Valentines Day or not? I completely agree that Valentine’s day celebrations are highly commercialized. It is definitely a marketing gimmick used by corporates to make some extra money. The idea has been very successful in the past.  Roses, cards, gifts, Bouquets, cakes, balloons and every symbol of love is not only marketed but also sold at extremely high prices.

It’s true that Indians were alien to the day until recently. But what is the harm in celebrating a day which brings joy to the faces of your loved ones? With the advent of globalization, liberalization and privatization the country has transformed completely. Whether we admit it or not, we have adapted many things from the west and vice-versa. Celebrating their festivals is a part of cultural assimilation and evolution. If Sri Ram Sena or Hindu Mahasabha differs in their opinions regarding the celebrations, they can propagate the importance of Indian Culture. By no means have they had the privilege to forcibly get the couples married or declared brother and sister. Our culture has never supported discouraging the beliefs of others. While Aurangzeb forced people to convert the Akbar was tolerant in his policies. Obliviously the latter was conferred the title of being the Great.

Oppression would only drift the people away from their own culture. Moral Policing should be curtailed to its own limits. Insulting lovers in public is not at all “cultured”. If these groups have a problem, they should convince the masses. Every year they gain publicity out of it. I seriously believe that Sena has time and again outraged the modesty of a woman in public on this day which is in no sense moral. Preservation of culture can never be through force. Culture is something we follow because we strongly believe in that. Practises which were not adaptable with time have become history.  These Talibans need not direct us about what has to be done on what day.

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Suicides – Can Legalization of Them Promote Murders?

The World Health Organization predicts that ‘Every year, almost one million people die from suicide; a “global” mortality rate of 16 per 100,000, or one death every 40 seconds.’

The 2006 report of the National Crime Records Bureau says that India has a suicide rate of 10.5 per 100,000 of population. In which maximum females belonged to age group (15-29 years), and males belonged to the age group of (30-44). As per occupations, the stats are as follows:

Self Employed (41%)

Students (5%)

Unemployed (7.5%)

Housewife (21.2%)

Service (11.5%)

Retired (0.9%)

Others (12.8%)

These statistics indicate many things. The maximum number of females who committed suicide belonged to the age group of (15-29) years which is a real cause of worry. The group definitely include adolescent girls (reasons may be parental or peer pressure, exams, love or harassment) and young woman (may include rape victims, newly married wives, house wives, working women, victims of domestic violence and dowry etc). Another statistics related to occupations suggests that house wives commit most number of suicides after Self Employed people.

It can be easily inferred that most female deaths (which may occur due to domestic violence) are either colored to be suicides or they are actual suicides which occur due to the harassment faced by them. The 91st Report on Dowry Deaths and Law Reform by the Law Commission of India rightly points out that “dowry deaths always take place in closed doors”. If right to suicide is granted then it might happen that many murders would be cloaked as suicides. It would definitely benefit dowry seekers, harassers and assailants but would definitely harm the interests of the victims. Presently abetment to commit suicide is also punishable under Section 306 of I.P.C. If Section 309 which declares attempt to suicide as a crime is abrogated, then this Section may also be amended. If Section 306 is amended or repealed in various cases of domestic violence the accused would be acquitted easily.

Its not just female suicides we are concerned with India faces a huge of farmer suicide as well. In Vidarbha 1,065 farmer committed suicides in 2006 whereas in Chhattisgarh the number was 1,483. The State Governments have always presented low figures of farmer suicides in their territory. They have often shredded their responsibility and have seldom blamed the Center or even the farmers for their miserable condition. If suicide is legalized then it is pretty evident that the government might just comment “It’s their right and they exercised it. What can we do?”

Another thing worth mentioning is the suicide rate amongst the retired which is the lowest. One of the possible reasons might be that they are contended and satisfied with their lives. Various studies have predicted that the most number of suicides occur when a person is depressed or mentally unbalanced. Such decisions cannot be said to be taken with all due care.

Euthanasia is observed by different nations in different approaches. Netherlands, Finland, Sweden, Belgium recognize mercy killing as a right but countries like India and Pakistan. Euthanasia is of two types: active (in which some other person takes steps to hasten the death of other like Cancer or A.I.D’s patients.) and passive (when the person’s life is supported by artificial means).

Mercy killing is a debatable issue. Where some countries believe if we cannot give life we cannot take it either, the others believe that a person has the right to die in such circumstances. Suicide and mercy killing might appear similar but they aren’t. Where mercy killing is usually granted on medical grounds, reasons of suicide are numerous.

In India Article 21 enumerates Right to Life some jurists believe that it also includes Right to Die. Section 309 of the I.P.C makes attempt to suicide a punishable offense with imprisonment up to 1 year or fine or both. In P. Rathinam case the Supreme Court declared 309 as unconstitutional as it violated Article 14 and 21. But the decision was subsequently overruled in Gyan Kaur case. The court observed that “When a man commits suicide he has to undertake certain positive overt acts and the genesis of those acts cannot be traced to, or be included within the protection of the ‘right to life’ under Article 21. The significant aspect of ‘sanctity of life’ is also not to be overlooked. Article 21 is a provision guaranteeing protection of life and personal liberty and by no stretch of imagination can ‘extinction of life’ be read to be included in ‘protection of life’.”

For various reasons mentioned above I would not recommend the legalization of suicide. But Section 309 imposes double punishment on a victim. He is already unsatisfied with his life and wants to end it. Imprisonment or fine would definitely enhance his miseries. Instead of imposing deterrent punishments on him medical assistance, counselling and help must be granted.

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An Insight Story on Serial Killers – The Next One Might Be Just Around Your Neighbourhood

Some lawyers are known for their good deeds some aren’t. Ted Bundy, a handsome law student stalked and murdered dozens of college going female who had close resemblance with his former girl friend.

The infamous case of Robert Pictone was not only the longest trial in Canada but the investigation was worth $100 million dollars. It is believed that he was responsible was a death of 60 women and his targets were usually sex workers.

Those who assume that serial killers are only males who are guided by sexual pleasures must look at the recent case of Kempamma (probably the first woman serial killer of India).  Kempamma who resided in Bangalore had poisoned dozens of her victims with cyanide injections. Her modus operandi was very simple. She convinced innocent and distressed women in temples that she knew the art of healing their grievances by performing special religious prays at homes. The gullible women when allowed her at their houses, she would murder them by injecting cyanide and after robbing the place would elope. The court awarded her death penalty. The woman neither had an accomplice nor any sexual abhorrence against males.

Educated and affluent people can’t be serial killers think again. Thrice married Mohan Kumar, a Manglore based teacher had targeted eighteen young women aged 22-35-years. He preyed on young unmarried women convincing them to marry in future and after having sex and killing them by making them take cyanide as an anti-pregnancy measure. His plans were well executed and organised. He usually took the span of two months for his potential victims and scouted for others in the same period. Studies reveal that impersonating methods like poisoning (Mohan Kumar and Kempamma) is infrequently observed among the serial offenders.

British identified Thug Beraham as the first serial killer of the country. It is estimated that he had around 931 victims.  He had an entire gang which befriended tourists and later on killed them. Thug is a word now used to connote a deceit.

Charles Sobhraj is a notorious personality known worldwide. He was also known as the bikini Killer as a few of his victims were found murdered in Bikini. He had a lavish life style and had killed 12 victims.  He was awarded a life imprisonment in Nepal.

In 1995 Auto Shanker was hanged. He had been convicted of murdering 9 teenage girls in a period of 6 months in 1988 in Chennai. His other accomplices including his brother were awarded life imprisonment.

There have been many serials made on the stone man who targeted beggars and homeless on the streets in mid 1980’s. The identity was never established and the murders were stopped in 1987.

Serial Killer is a subject which is both interesting and challenging. The number of victims is used as a criterion for determining whether a crime is serial in nature. Where the North American National Institute of Justice defines serial murder as involving two or more victims, the FBI suggests that serial crime (rape, murder, arson) has at least three victims. The term serial crime evolved post 1980’s, prior to which they were usually known as mass murders. But now mass murders are presumed to occur when the victims are killed in single event. When the murders take place at different places but are in continuation of the same event the same is termed as spree murder.

Various studies have suggested that a serial offender possesses a combination of psychopathic, narcissistic, sadistic, paraphilic and fantasy prone tendency.  It is often seen that serial offenders lack remorse and guilt. Although seldom they are found legally insane they possess personality disorders. They usually have no respect for other person’s rights. They not only kill or rape their victims but also use them as objects of perverse gratification. Where the acts by psychopaths are impulsive it is observed that serial offenders work in an organized and planned manner. The style of victimization is consistent and repetitive. It is observed that they lack apathy towards others. Geberth once said that ” A serial killer, despite of his outward facade, is a very insecure individual. He is without any power until he has a victim under his control.”

Physiologists have propounded that the sadistic tendencies in a serial killer is established in his childhood or adolescence. Sadistic are the people who enjoy the psychiatric suffering of others. Various serial criminals seek to demean or humiliate their victims. In many rape cases nude bodies of the victims were found in open grounds; at times bodies were found in strange locations such as under bedside tables and store rooms. Often the corpus is positioned in a dramatic position to seek the attention of observers.

Where in conventional crimes a relation exists between the victim and the offender the victims of serial crime are strangers. It is argued that the Serial Killers work under delusion or fantasy. Richard Trenton Chase used to kill his victims for their blood assuming that it would prevent his own blood from evaporating. Edward Gein believed that making masks from corpses and wearing them would transform him to a different person.

Various sources like the crime scene data, witness reports and confessions by the offender can help in establishing the evidence. There are varied indicators of victimization. For example in rape cases a violent treatment may be done to the victim (eg. torture, biting, burning etc) or souvenirs may be collected (personal belongings of the victim). In cases of murders cannibalism, sexual assault, souvenir collection, evisceration and dismemberment may occur.

Serial Offenders can chose anybody as their victims. It is difficult to identify a serial killer. He may look normal and may even impress you. A victim of a serial killer is an unfortunate bate who may not be able to judge the ill intentions of an amiable person. Courts grant them sentence after their legal sanity is established. But if they are deemed to be legally insane then medical help is provided to them. Sometimes the offender is never caught and the crimes stop all of a sudden. In such cases it is assumed that he had accomplished his motive. As I said before Serial Killer is a subject which is both interesting and challenging. They cannot be defined in strict terms and cannot be given the same treatment. The reasons and methods of crime are very individualistic in nature. They cannot be judged solely by legal dogmas. Their condition, punishment and treatment has to be adjudged by both law and forensic psychology.

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Raped – Now, What? Do I Have to Suicide or Is There Something Written in Indian Law to Protect Me

The State of World Population Report suggests that In India

1.  A Rape is committed every 54 minutes; 2.  Molestation every 26 minutes; 3.  Kidnapping or abduction every 43 minutes; 4.  Eve-teasing every 51 minutes; 5.  Dowry death every 1 hour 42 minutes; 6.  Criminal offense against women every 7 minutes.

Rape is a reality which is detested by all. It is a crime not only against the body of an individual but also against one’s mind, psyche and reputation. The rapist can be questioned only if he is caught but the raped is questioned at every stage by every strata of the society. The victims have experienced that the police is often reluctant to lodge their complaints. Even if the complaint is lodged, the justice is far from being delivered. In courts circumstantial evidence is highly relied upon. The defense always supports the theory that the intercourse was with mutual consent.

In various cases the absence of injury has been considered as a proof of consent by the courts. Victims are forced to lay every slight detail of the incident which may not be possible. Mostly the facts are presented in an inappropriate manner which often leads to the acquittal of the accused.

In traditional society like ours raising voices against any crime of sexual orientation is considered a taboo. Many girls have witnessed oppression from their own family members in such instances. A rape victim needs a lot of courage to bring the matter into notice. But the agony does not end here. It is continued at every stage whether it is medical treatment, lodging of F.I.R or even attending a trial. The entire system is harsh to her. Time and again some N.G.Os have provided the victims both financial and psychiatric support but practically they are unable to help all of them.

The accused may be known or complete strangers. The crime of date rape has increased significantly in the past few years. Not to forget the rape committed by one’s own relative (including fathers and husbands) and those committed by stalkers, taxi drivers, guides and co-workers. Statistics suggest that in about 7 percent of the cases, fathers or other intimate members of the family or close relatives were themselves the offenders. About three-fourth of the offences were the result of offence by Neighbours and other persons known to the victims. Only one-eighth of the offences were committed by strangers. Reports have also shown that when a married woman is raped, she looses her love for husband and bond with the family. This effects not only her but her children and husband as well.

A rape victim deserves certain rights irrespective of her nationality or religion. In December 2009, came the shocking statement of Shantaram Naik, (a congress M.P. from Goa) who said that the alleged rape of 25-year-old Russian woman in Goa  was blown out of proportion by the electronic media. “Rape is a heinous crime but an alleged rape of a lady who moves with strangers for days together even beyond the middle of the night is to be treated on different footings.”

Different in what footings? This is just another way of getting rid of their responsibility. Maligning the character of a buried woman only shows how low politicians can get for their self interest. Instead of protecting tourists targeting their character is both shameful and intolerable.

Imrana was asked to marry her rapist father in law as a viable solution put forth by the religious protagonists. Instead of punishing the culprit they decided to reward him. What kind of justice is this?

The offense of rape declares a punishment not less than 7 years which may extend up to life imprisonment too. But a husband who rapes his wife who is below 12 years of age is only liable for an imprisonment which may extend up to 2 years or fine or both. The Indian law doesn’t recognize the crime of marital rape yet. Also there is no section in IPC which punishes boys under 16 years of age for committing rape. They can be prosecuted only under Section 377 (Unnatural Offences) of I.P.C.

The infamous case of Hetal Parekh indeed deserved capital punishment for the accused Dhananjoy Roy who not only raped 14 year old Hetal but also brutally murdered her. His plea to the president for remission of sentence was rejected by Mr APJ Abdul Kalam. The decision was welcomed by almost everyone in the country.

There is an urgent need of speedy trial for such cases. It may be done by introducing a separate legal system for such sexual offenses. Medical help must be provided to the victims which should include counseling and vocational training (in cases where the woman has be out casted from the society and has no means sustenance). The same can be provided by state fund. The fine for such offenses must not be kept nominal.

If the medical examination is not conducted within 48 hours of rape the offense is very difficult to prove. Most of the females are unaware of this and in order to get rid of the physiological scars they take bath before medical surveillance. Awareness programs must be conducted to demonstrate what a victim must do in case of rape. Moreover keeping in mind the mental state of the victims a female doctor must be appointed for the examination.

The recent amendment in Criminal Procedure Code(Cr.pc) is a very optimistic step. Now such cases have to be presented before a female judge. A more effective witness protection scheme is also being guaranteed. The statements of the victim would be recorded at their house or some other safe place preferentially in presence of a female officer.  A female may engage a lawyer to help the prosecution with prior permission of the court. The investigation has to be completed within three months from the date when information was recorded by the officer in charge of the police station. Protection of the victim’s identity, maintaining the confidentiality of the name and address of the parties, camera trials and conduct of trials by a woman magistrate are also provided in the amendment.

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Mumbai is a Metropolitan, Not a Religious Playground for Politicians – Pakistan IPL Players Controversy and Shah Rukh Khan Comments

My Name Is Khan - Press Conference

Shah Rukh Khan’s support to the Pakistani players in IPL bidding made him face a lot of trouble. He was not only threatened but also targeted by the Shiv Sena. He was alleged to be a traitor and was dared to speak in favour of Pakistani players in future. He stood up for his beliefs and refused to apologize. Fortunately people from Bollywood and elsewhere have now started recognizing their right to speech.

When Shiv Sena recommended Shah Rukh to live in Pakistan instead, this infuriated not only his admirers but also his father who was a freedom fighter and had played an instrumental role in the Quit India Movement. Shah Rukh’s father (Taj Mohammed) was one of the few Muslims who decided to leave Pakistan and settle in India. It is both ironical and shameful that Shiv Sena which had played no role in the Indian Freedom Struggle assumes that it has power to deport citizens of India to some other country.

The question is not on inclusion of players but its on whether an individual has a right to express his opinion or not. Democracy protects this right but may be Shiv Sena fails to recognize the true meaning of democracy. They believe that restricting and instructing people would serve their purposes and goals. They are the Taliban who have not attained absolute power till now. They employ every method to threaten, fright and manipulate people. They are least concerned about the development of the state as if they were they would have been more instrumental in issues that really mattered to the state like conditions of farmers etc. But they waste their energies in deciding which society, festival, group, religion, celebrity and film to target. They wish to seek limelight with everything they can.

Mumbai was not built in a day. The city has contribution from various communities and these communities lived in harmony with one another until such groups infuriated the feelings of hatred amongst them. Isn’t Shiv Sena promoting communal tensions and disturbing peace of the nation. If they have a problem with non-maharashtrians then Ambani’s, Bachchan’s, Birla’s etc would all have to leave the state. Ironically 50% of the economy of the state comes from the non-maharashtrians and if they evacuate the state would be in a huge financial loss.

Historically Maratha’s were not essentially against the Mughals. Instead of looking at the struggle between the two as a Hindu and Muslim fight it should be looked as a battle for power and state power. But Shiv Sena has always projected themselves as the protector of Hinduism and Maratha but they fail to understand that a protector never dictates.

The plight of Maharashtran’s and their unemployment must be definitely taken into considerations. There are various  universities and organizations which ensure that the natives are not deprived of the opportunity to work or study.  Ensuring jobs to Maratha’s is a good gesture but taking away the jobs of Non-Maratha’s is not a solution. India is a culturally diverse and homogeneous society ; demarcating cultural boundaries would not help anyone. Jinnah demanded a land for Muslims and Pakistan was formed. Are we ready to witness the emergence of MARATHASTAN? I’m sure we wont even like to imagine that.

Promoting culture and heritage is one thing and imposing it on others is another. What Shiv Sena is doing is the latter. If I’m forced what to wear, what to watch, what to eat or even what to speak it would only lead to oppression. Mr Thakeray has a right to suggest but he has no right to oppress.

Every individual has a right to decide and it can not be taken away by dogmatic powers like Shiv Sena. Gone are the days when Bihar was only for Bihari’s, Rajasthan only for Rajasthani’s and Maharashtra only for Marathi’s. We are Indian’s and will remain Indian’s no matter what Shiv Sena believes or propagates. Our Constitution has conferred this right upon us and no one can deprive us from the privilege of being a citizen of the country. By weakening the social thread of the country, the Thakeray’s are only helping the terrorists. They may intend to project themselves as protagonists but their actions have benefited only the rivals. Isn’t disturbing national peace a disguised terrorism? The actor is scared about the protection of his family. Isn’t is taking away his right to life and dignity? I think it is.

Before independence if people thought that they have greater loyalty to their regions then to their motherland, it was justified but now we are not just Marathi, Marwari, Gujarati or Sindhi; we are Indians. Our out most loyalty lies with the nation and not just with our region or religion. Let us unite so that no British rule is established again, no Taliban ever dominates us and so that no terrorist can ever take advantage of our internal conflicts. Let’s never destroy our own resources and kill our own people because by this we are proving our loyalty to enemies and not to out motherland.

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Do Award Givers Actually Know Whom to Select – Former Militant Gets Padma Shri

Obama was awarded the Nobel peace prize, probably because America didn’t wage any war against any nation that year. Awarding a Padmashree to a former militant is however not bearable in any case. The alleged former Kashmir militant Ghulam Muhammad Mir has been charged of murder and rape as well. His credentials are under serious suspicions.

Well one man’s terror is other’s freedom fight is an old maxim. But the novelty in this case is that Indian Home Ministry feels Mr. Mir to be a freedom fighter and not a militant. According to the home ministry report, Mir was recommended for Padmashree by Central Information Commissioner Wajahat Habibullah and Union New and Renewable Energy Minister Farooq Abdullah. However, Omar Abdullah the Chief Minister of Jammu and Kashmir has denied the state’s recommendation for the same.

After the event there have been a series of comments from eminent political personalities where Home Secretary G.K. Pillai said “Counter insurgent Mir did great service to the nation,” Mehbooba Mufti Sayeed called the award unfortunate and insult to those who recieved it in past. Mir himself denied the allegations of being a militant and said that he was a civilian carrying his own business. He denied the charges of rape and murder as well.

It is strange that a criminal  who has surrendered is honoured with the title and hundreds of jawans, army officers, police officers and other unseen heroes are not even considered. So when a militant rapes or kills people and eventually surrenders he becomes a hero but those who fight him with their blood and sweat are ignored entities.

New Delhi thinks he has done national service. Lets assume he did. But is it necessary to award him the title with all the controversies and cases against him? Can’t we find a bunch of people with clean image in a country with population of hundred crores? On an optimistic note it may be said that a FORMER MILITANT who reformed himself should be encouraged to set an example for others. But aren’t the stakes to high? Honouring with the most prestigious award is no solution to promote gandhism. It may influence some misguided people but what about the faith of the masses? A Border Security Officer risks his life to fight these militants once they surrender they get awards whereas the former has to be satisfied with the bare minimum perks given to him.

Tolerance is good trait but excessive tolerance is akin to cowardliness. If Kasab confesses may be in due course of time he would be appointed as the Chief Minister of Maharashtra itself.

This has definitely happened in past and may be repeated in future. Phoolan Devi (the bandit queen) who was an infamous dacoit had also acquired a Lok Sabha representative from Samajwadi party after her release on parole. At times her case is considered exceptional as she faced many atrocities. But I’m sure no one would have compelled our tainted ministers to rape or murder someone. The list is long the infamous ministers from Congress are Subodh Kant Sahay, Mukul Wasnik, Ajay Maken, Harish Rawat, Arun Yadav, Pratik Prakashbapu Patil and Pradeep Jain, while Sisir Adhikari (TMC) and Gandhiselvan from DMK have been appointed. I’m sure I must be missing some of the eminent personalities who have done great harm to the country.

It is often contended that law presumes innocence until proved guilty. Well the premise is well argued but can we risk the fate of the seventh largest country in the world just because there is a probability that they may be innocent. I agree Lalu Prasad Yadav transformed the Indian railways completely but did he deserve a chance after the Chara Ghotala? What if the next government discovers that there was a Chai Ghotala in railways? Who would take the responsibility then? And who would defend Shibu Soren’s controvertial appointment? How many of us actually think that Sidhu deserved to stand for elections or how many us support Sanjay Dutt’s arrival in politics?

May be the majority would say I do. This is because we have such ministers and politicians. If they really intend to serve the nation they need not take any post. Gandhi was never our prime minister but he is certainly our father of nation.

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