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Nirbhaya denied justice

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New Delhi: The third anniversary of the unnerving Nirbhaya rape case has brought back memories of that fateful night. Dismayed by the court’s release of the only juvenile convict in the case, enraged and concerned Indians have yet again taken to the streets in protest.

On Sunday, the juvenile concerned walked out of his reformation home after completing three full years.

Following his release, efforts were made from many quarters to overturn the decision, but to no avail.

On Monday, the Delhi commission for women (DCW) made a last-ditch effort by petitioning the Supreme Court to intervene. Their plea, however, was dismissed by the apex court observing that the law couldn’t be interpreted otherwise.

“We cannot interpret the law [Juvenile Justice Act] to curtail his [juvenile convict] freedom without legislative sanction. We share your concern, but we cannot go beyond the statute,” remarked Justice U U Lalit.

The senior advocate representing DCW, Guru Krishnakumar, cited provisions in the Juvenile Justice Act and the Delhi Juvenile Justice Rules to argue for an independent committee to determine the mental status of the juvenile.

Justice Goel replying to this asked, “Are you for the rehabilitation of the child or for the detention of the child?

The court also did not entertain the government’s support for the plea by dismissing it as arguments not substantiated by the law, asking it “go first and make the law.’’

Following the court’s judgement, massive demonstrations were staged at Jantar Mantar, demanding the lawmakers to make immediate legislative changes.

Earlier, the distraught mother, Asha Singh, lamented the failure of the justice system of India, saying that “Crime has won. We have lost. Our efforts for three years have failed.”

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Meet to sleep campaign undertaken by women on the support of the 6 year old gang rape victim

In a bid to make cities safer, the government has set up help lines and installed security cameras which was a great fail according to the rights activists. A six year old girl was raped in the state of Haryana.

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FILE - Indian women participate in a candle light vigil at a bus stop where the victim of a 2012 deadly gang rape had boarded the bus on what would become her final journey, in New Delhi, India, Dec. 16, 2014.
Indian women participate in a candle light vigil at a bus stop where the victim of a deadly gang rape in a moving bus had boarded the bus two years ago, in New Delhi, India, Tuesday, Dec. 16, 2014. The case sparked public outrage and helped make women’s safety a common topic of conversation in a country where rape is often viewed as a woman’s personal shame to bear. (AP Photo/Tsering Topgyal)
  • A 6 year old girl was gang raped int the state of Haryana
  • The gang raped was compared to The Delhi gang rape in 2012
  • “Meet to Sleep” campaign done by women

December 16, 2017: Five years after the fatal gang rape of a 23-year-old physical therapy student in the Indian capital turned the focus to violence against women, small groups turned out in New Delhi and several other cities on Saturday to highlight the need for safety for women in public spaces.

The “Meet to Sleep” movement, under which women took a short nap at a park, is one of several campaigns that have emerged in the wake of massive protests that rocked India after the gang rape. The symbolic nap highlights the need for women’s safety when they are most vulnerable.

“What happened to her [the gang rape victim] happened in a very public place, in a bus, which is a mode of transportation that many women use, but remains unsafe. Five years on, not much has changed,” said 26-year-old Kriti Omprakash.

Kirti Omprakash says that public spaces are still not safe for women in the Indian capital, where a horrific gang rape in 2012 turned the spotlight on sexual violence against women. (A. Pasricha/VOA)
Kirti Omprakash says that public spaces are still not safe for women in the Indian capital, where a horrific gang rape in 2012 turned the spotlight on sexual violence against women. (A. Pasricha/VOA)

The gang rape victim was assaulted by six men on a bus that she boarded with her male friend in December 2012. She later died due to the injuries she sustained.

Not only do sexual attacks targeting girls and women continue to pose a challenge – such incidents actually have increased, according to the latest data from the National Crime Records Bureau. Delhi, considered one of India’s most unsafe cities, reported 1,996 rape cases in 2016, up from 1,893 in the previous year.

Rising voices

Women’s rights activists say the biggest change, however, is that women have become more vocal in demanding their freedom and safety and that the subject of violence is now discussed openly in a country where talk of sex crimes previously had been considered taboo.

A woman takes a symbolic nap at a park in New Delhi as part of a "Meet to Sleep" campaign initiated to highlight the need for more safety for women. (A. Pasricha/VOA)
A woman takes a symbolic nap at a park in New Delhi as part of a “Meet to Sleep” campaign initiated to highlight the need for more safety for women. (A. Pasricha/VOA)

“In the past five years, one of the most positive things I think is that those kind of agitations have taken teeth and grown,” said Kavita Krishnan from the All India Progressive Women’s Association.

In a bid to make cities safer, the government has set up help lines and installed security cameras, although that has failed to be a deterrent, according to rights activists. They express disappointment that despite the tightening of laws for rape and sexual harassment, crimes are still surging, sometimes against very young girls.

“We feel very, very let down by the system, by the government. The gruesomeness of crime has increased,” says Ranjana Kumari at the Center for Social Research in New Delhi. “There have been very, very young children who have been assaulted in most brutal way.”

Less than a week ago, a six-year-old girl was found murdered with grave sexual injuries in the northern state of Haryana – a case whose brutality led to comparisons with the 2012 bus gang rape.

Women activists say movements like "Meet to Sleep" have increased in the wake of the 2012 gang rape. (A. Pasricha/VOA)
Women activists say movements like “Meet to Sleep” have increased in the wake of the 2012 gang rape. (A. Pasricha/VOA)

Legal efforts

The mother of the gang rape victim, Asha Devi, also expressed anguish over reporters asking, “Women and girls are still being raped, what changed? The city is as unsafe as it was five years ago.”

Activists also worry about what they feel are efforts to dilute the tough laws that were instituted after the gang rape to punish men and point to a judgment.

Earlier this year, a judge set aside the conviction of a Bollywood filmmaker for rape after ruling that a “feeble no” could indicate willingness on the part of the victim.

Kavita Krishnan stresses the need for more mobilization of the kind that was seen in the wake of the 2012 gang rape to continue to keep the focus on women’s safety and freedom.

“We cannot celebrate the 2012 movement without realizing what is happening around us right now. It has to be a continued fight. It can’t just be a ritual obeisance paid to the 2012 moment,” she said. (VOA)

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Triple Talaq Ban in India: Union Cabinet Passes Bill Making the Practice a Criminal Offence

The BMMA celebrates its victory over the much-debated practice of instant divorce

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Muslim women are often victims of triple talaq, in spite of the ban
Muslim women are often victims of triple talaq, in spite of the ban, VOA News
  • Supreme court had ruled that the practice of triple talaq as illegal in August 2017.
  • On December 15, the Union Cabinet passed a bill which would make it a criminal offence
  • .The bill recommends a sentence of imprisonment for three years in case of a violation.
  • The bill also makes provisions for “subsistence allowance” for the women divorced through triple talaq.

On December 15, the Union Cabinet of India cleared a draft legislation, which would make the controversial practice of triple talaq a criminal offence in India, a violation of which may result in imprisonment for a period of three years for the husband. The recently approved bill, deemed as the ‘Muslim Women’s Protection of Rights on Marriage Bill’, was framed by a group of ministers including the External Affairs Minister Sushma Swaraj, the Finance Minister Arun Jaitley, and the Law Minister Ravi Shankar Prasad, and was headed by the Home Minister Rajnath Singh.

What is triple talaq

The practice of triple talaq, or talaq-e-biddat, is a Islamic ritual through which a man might divorce his wife by uttering the word ‘talaq’, that is, the Arabic word for ‘divorce’, three times. The controversial practice, which dates back to Islamic scriptures of the 8th century AD, was a common one among the Muslim population in India, often enacted through letters, emails, text messages, Skype and Whatsapp.

The Supreme Court of India bans the practice of triple talaq
The practice of triple talaq still continues, in spite of the ban, VOA News

Triple Talaq Ban

On August 22, 2017, the Supreme Court of India had banned the archaic practice of triple talaq, after a long and hard legal battle fought by the Bharatiya Muslim Mahila Andolan (BMMA), also known as the Indian Muslim Women’s Movement. “Triple talaq is against the basic tenets of the Holy Quran and consequently, it violates Shariat … What is held to be bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well,” they had declared, making India the 23rd nation to ban the practice of unilateral divorce, after Pakistan, United Arab Emirates and Egypt. Many non-governmental Islamic organizations, along with certain clerics had opposed the verdict, on the grounds that it was an infringement of their right to religion, which is ensured by Article 25 of the Indian Constitution. The Supreme Court, however, had decided to uphold Article 14 of the Constitution, which grants every citizen equality before the law. The verdict had met with mixed reactions among the people of India, attracting applause as well as apprehension all over the country.

The Supreme Court of India bans the practice of triple talaq
Women can now demand subsistence allowance for themselves and minor children, VOA News

However, in spite of the Supreme Court verdict, there have been reports of instant divorces performed through the process of oral declaration, as many continued to ignore the various advisories issued by the government.
The new bill approved by the government also makes provisions for Muslim Women to demand “subsistence allowance” for herself and her minor children from her husband, in case she feels victimised by the now illegal practice of triple talaq.

 

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Love Jihad Case : Kerala’s State Women Commission Directs SP to submit report on Hadiya’s Condition

24 year old Akhila had converted to Islam and taken the name Hadiya to marry Shafin Jahan.  However, their marriage was declared null and void by the High Court of Kerala

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Office of Kerala Women Comission
Office of Kerala Women Comission. Official Website KWC

Kerala, October 28, 2017 : A day after a video of Hadiya pleading to be ‘saved’ from her father’s brutalities was released, Kerala’s State Women Commission has directed Kottayam Superintendent of Police to inquire and submit a report on Hadiya’s present conditions.

In the video release at a press conference in Kochi by social activist Rahul Eashwar, Hadiya can be heard saying, “You have to get me out. I am sure I will be killed tomorrow or the day after.” Hadiya claims that her father is physically assaulting her and pleads to be saved in the video before her voice trails away.

The direction came following reports that Hadiya is being sedated and physically abused at her parents’ house.

The State Women Commission has told the SP that an officer not less than the rank of a DSP should conduct the inquiry and submit a report on the condition of the 24-year old woman in love jihad case.

24 year old Akhila had converted to Islam and taken the name Hadiya to marry Shafin Jahan.  Their marriage was declared null and void by the High Court of Kerala after Hadiya’s father Ashokan has approached the court, claiming that his daughter had been forcefully converted and her alleged husband was involved in plans to take her out of the country for questionable reasons.

Consequently, Hadiya’s husband Shafin Jahan had approached the Supreme Court and challenged the order by the High Court of Kerala, which is still hearing the case.

– prepared by Soha Kala of NewsGram. Twitter @SohaKala