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Where is Rs.2,000 crore Nirbhaya Fund, AAP asks Centre

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M_Id_442780_Arvind_Kejriwal

 

New Delhi: The Aam Aadmi Party (AAP) on Tuesday targeted Bharatiya Janata Party (BJP)-led National Democratic Alliance government at the Centre over women’s safety, questioning about allocation of Rs.2,000 crore Nirbhaya Fund for that purpose.

AAP leader Dilip Pandey in a press conference alleged: “BJP is taking revenge of its failure in elections by compromising with safety of women in Delhi.”

“Rs.2,000 crore fund was allocated for women’s safety after Nirbhaya case but nobody knows where that money has gone,” he said, adding that the Centre had promised to open 660 rape crisis centers across the country but only 36 were operational.

The party targeted Lt. Governor Najeeb Jung over deployment of 4,000 Home Guards in Delhi Transport Corporation (DTC) buses.

Pandey said a file regarding deployment of around 4,000 marshals in DTC buses to ensure security for women in public transport, was lying pending with Jung’s office.

“The AAP has given one week’s time to the Lieutenant Governor to release it and if he failed to do so, the women wing of the party will meet him,” Pandey said.

(IANS)

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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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What Gives Husbands The Licence to Rape? Decoding Marital Rape in the Indian Legal Scenario

Can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman?

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Marital rape
While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India. Pixabay
  • Cases of sexual violence, including rape, fall within the larger realm of domestic violence
  • Marital rape is yet to be categorized as a criminal offence in India
  • According to the central government, criminalizing marital rape “may destabilize the institution of marriage”

New Delhi, September 2, 2017 : Baby works as a domestic help; she says she cannot recall her age when her parents married her off to a man who was much older to her; a man she barely knew. She didn’t anticipate her husband would demand to have intercourse on their wedding night. She was still young and not ready, but that didn’t stop him. Baby was raped by her husband on her wedding night. But marital rape means nothing to her.

Sunita irons clothes for a living. She says has been married for more years than she can remember. The duo has four kids together, but that doesn’t stop her husband from raising a hand or two on her, every once in a while. Every night, her husband would get drunk, hit her and forcefully demand to have sex, paying no heed to her resistance. Sunita has three daughters, and a son, and the husband still wants to have progenies. “I told my mother that this man has raped me multiple times. She protested, arguing that he is ‘your husband’ after all,” she said.

But did she never decide to approach the authorities?

To this, Sunita promptly replied, “I once had a sore eye after he (the husband) hit me with his shoe when I refused to have sex. I went to the local hospital and then the police. I narrated the entire scene; they were very considerate, offered me water and then asked me to go home and ‘adjust’.”

Sunita is unaware of a term called ‘marital rape’.

This is the reality of a huge part of the society in real India.

Like Baby and Sunita, women who suffer such indignities are often asked to “adjust” with perpetrators of violence because of a deep –embedded fear of what the society would say. This notion of an ‘ideal woman’ impedes women to object to illicit treatment meted out by their ‘better halves’.

The debate around the issue has become ripe once again with the Central Government stating that what “may appear to be marital rape” to a wife “may not appear so to others”. In an affidavit to the Delhi High Court, the central government took a stand against criminalizing marital rape saying that it “may destabilize the institution of marriage” and also become easy tool for harass the husbands and the in-laws.

Rape v/s Marital Rape

Rape is defined in Section 375 of the Indian Penal Code, but with an irregularity: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”

While rape is addressed as perforation without a woman’s accord in its main clause, the only remedy to forced intercourse provided to ‘married’ woman is specified under Section 498-A of the IPC and the civil provisions of the Protection of Women from Domestiic Violence Act.

Following the horrific 2012 Nirbhaya rape case that brought the entire world to a standstill, the Indian media has given paramount coverage to instances of rape across the country. But even after 5 years of the gut-wrenching incident, there seems no end to this crime.

ALSO READ The Hardships of Sexuality: Marital rape, violence and humiliation

Cases of sexual violence, including rape, fall within the larger realm of domestic violence. However, rape by husbands within holy matrimony continues to remain an obscure subject in India and the exact number of cases is hard to gauge.

According to a 2015 report by National Crime Record Bureau (NCRB) tracing the proximity of offenders to the victims of sexual violence, it was revealed that in 95 per cent of all rapes, the offenders were familiar to the survivors. These, presumably include acquaintances, friends, relatives and colleagues.

And what about rape committed by husbands?

These cases continue to be an under-reported crime in India. This can be attributed to two major reasons,

  • Because of the stigma associated with it
  • Because of the presence of a defunct justice system

Furthermore, more often than not, these cases go missing because of several additional (and unnecessary) barriers stemming from a combination of familial and/or social power structures, shame and dependency.

Marital Rape In India

While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India.

A United Nations’ report titled ‘Why do some men use violence against women and how can we prevent it?’ published in 2013 disclosed that nearly a quarter of 10,000 men  in Asia-Pacific region, including India, admitted to have indulged in the rape of a female partner. The report traced their rationale to a deep-embedded belief that they are entitled to sex despite the consent of their partners.

The study also revealed that the majority of these instances were not reported and the perpetrators faced no legal consequences.

In 2014, United Nations Population Fund (UNFPA), in association with International Centre for Research on Women (ICRW) brought out a report titled ‘Masculinity, Intimate Partner Violence and Son Preference in India’. Among other things, the report analyzed the average Indian male’s understanding and interpretation of the idea of ‘masculinity’ and how that molds their interactions with women.

Not surprisingly, the study revealed that a typical man in the Indian society associated the attributes ‘tough’, and ‘controlling’ with masculinity.

Segments of the present day Indian society continue to look at men as tough forces, who can (must) freely exercise their privilege to establish rule in personal relationships and above all, continue to control women.

Additionally, the study also revealed that 60 per cent of the Indian men disclosed the use of physical violence to establish authority.

In India, stiff patriarchal norms continue to tilt the gender balance firmly in the favor of men, as a result of which, women are forced to internalize male dominance in their lives.

Marital Rape in India : A Legal Perspective

Section 375 essentially distinguishes between two categories of women

  • Married women
  • Unmarried women

Much to the Indian society’s disappointment, the Indian legal system denies protection from rape to the married woman. This creates discrimination as the women belonging to one section are denied justice merely by virtue of being married.

But can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman? Is it justified to discriminate a woman just because she is married to the man who has raped her?

The Debate Around Marital Rape In India

Despite the piquant situation, the issue raised furor when Minister of State for Home, Haribhai Parathibhai Chaudhary told the Parliament that the question of criminalizing marital rape in India has no relevance “as marriage is treated as sacred here.”

Does marriage being a sacrament provide one with the legal right to rape a woman?

South Asia director at Human Rights Watch Meenakshi Ganguly had retaliated saying that it is particularly concerning when a government that claims to secure the safety of women inside and outside national territory shamelessly turn to justify a crime in the name of culture and tradition.

Group director of social and economic development at the International Centre for Research on Women (ICRW) Priya Nanda asserted in an interview with a leading portal that “the reason men don’t want to criminalize marital rape is because they don’t want to give a woman the power to say no.”

In 2013, a three-member commission headed by Justice J.S. Verma suggested remedial measures to combat sexual violence in India, following the 2012 Nirbhaya rape case. One of its recommendations was the criminalization of marital rape.

ALSO READ Reasons Why Marital Rape Should Be Recognised as a Criminal Offence

The recommendation was ignored by the government as a large amount of people questioned its efficiency saying if made a crime,

  • It might be misused by people
  • It will be difficult to prove
  • It might break up marriages

But, how fair is it to not have a law against marital rape, only because of the reason that it is ‘difficult to prove’?

In a broader understanding, it needs to be understood that the criminalization of marital rape must not be viewed as a step against men or the institution of matrimony, but as an attempt to demolish the patriarchal system that continues to clutch the Indian society.


 

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Why Does 45th Chief Justice of India Dipak Misra Need ‘Z’-Category Security of Armed NSG Commandos?

Jjustice Depak Misra, who had been recommended as a successor by Justice J.S Khehar in July, becomes the 45th Chief Justice of India and was administered the oath of office by President Ram Nath Kovind.

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Chief Justice of India.
The swearing in ceremony of Justice Dipak Misra as the 45th Chief Justice of India. Twitter
  • Justice Dipak Misra was sworn in as the 45th Chief Justice of India
  • His tenure will span for the next 14 months until his retirement in October 2018
  • Justice Misra is the only CJI to have armed protection of black commandos

New Delhi, August 29, 2017: The Chief Justice of India (CJI) J.S Khehar demitted office on August 27. The next in line was Justice Dipak Misra, who was sworn in on August 28 as the 45th Chief Justice of India at a ceremony held at the Darbar Hall of the Rashtrapati Bhawan.

President Ram Nath Kovind administered the oath taking ceremony of Misra, who had been recommended as a successor by Justice J.S Khehar in July this year.

In his career spanning 40 years, Justice Dipak Misra ventured into most realms of the law- civil, criminal, constitutional, revenue services and matters concerning sales tax, proving his grit to take over the new position. But that is not the only intriguing aspect of his career.

Justice Deepak Misra is the first ever Chief Justice of India to have a ‘Z’-category security cover.

The 45th CJI was provided with an upgraded security cover in 2015 after he had received a death-threat letter from terrorist organizations.

Why Would A Supreme Court Judge Need Security Cover?

On July 30, 2015, Justice-Misra headed the three-judge bench in a hearing when Yakub Memon, convicted in the 1993 Mumbai serial blasts, pleaded for a 14 days’ stay on his death penalty just hours before he was to be hanged. The pleas were starkly dismissed in an incomparable 2:30 am hearing and the judgment went on to become a landmark in the Indian legal history.

However, shortly after the hearing, an anonymous letter enclosed in an envelope threatening Misra of dreadful consequences was delivered at his official residence following which he was provided with a ‘Z’ security cover which remains till date.

ALSO READ: Threat letter to judge who rejected Memon’s mercy plea

A protectee under ‘Z’ category gets security cover from armed commandos of the National Security Guards (NSG) along with an escort vehicle and a pilot vehicle, each having three armed personnel, for the protection of his official vehicle.

Today, Justice Misra is the only top judge to ever use a bullet-proof ambassador car supplemented with a police escort.

Chief Justice of India
CJI Dipak Misra, seen here with Vice President Venkaiah Naidu, President Ram Nath Kovind and PM Narendra Modi. Twitter

However, death threats never stalled the 63-year old Justice Dipak Misra from taking monumental judgments and he has been at the forefront of some of the landmark judgments in the recent history. We take a look at the highlights from his career,

1. In May 2017, Justice Misra doctored the long-awaited landmark ruling and confirmed death penalty of the four convicts in the monstrous 2012 Nirbhaya gang rape that shook the entire world.

2. Justice Dipak Misra also headed the bench that mandated to play the National Anthem in cinema houses before the start of every movie for which he received a lot of flak. He also ordered for the viewers to stand up in “committed patriotism and nationalism” every time the National Anthem and/or the National Flag are featured in the theatres.

3. One of the most noteworthy decisions by Justice Misra include directing all State and Union Territories to upload all FIRs registered on their websites within 24 hours of registration at the police station. The move has made the entire process transparent, allowing the accused to download complaints and seek redressal of their grievances.

4. Justice Misra was also one of the seven judges of the special bench set up by the Supreme Court for a contempt of court hearing against Justice C.A Karman who had levied corruption charged on 20 judges of the High Court. The bench defended the constitutionality of the 150-year old law on criminal defamation and sentenced Karnan to six months in jail.

5. In 2015, a Justice Misra-led bench stayed the Maharashtra government’s ban on dance bars that had mushroomed in Mumbai and other parts of the state during the 90s. However, it maintained that the government must take steps to protect and uphold the dignity of women who performed at these bars.

6. Justice Misra is also known for his strict stand against frivolous litigations. He previously rejected one such appeal that had objected to the use of the term ‘Dhobi Ghat’ in a film’s title and had warned the petitioner.

7. He was also part of the bench that rejected the Uttar Pradesh government’s decision to allow for reservations in promotions and asserted that this can only be allowed if there is sufficient supportive data and evidence to justify the decision.

8. Holding chair as the executive chairperson of the National Legal Services Authority, Justice Misra introduced the facility of Legal Assistance Establishment or Nyay Sanyog in states to simplify activities to provide free and faster legal aid to the deprived people.

9. Justice Misra also headed the three-judge bench that instructed the Centre in April 2017 to conduct NEET examination in Urdu from academic year 2018-2019 onwards. NEET examinations are held for students who wish to pursue a graduate medical course or a post-graduate medical course in private or government colleges.

Justice Dipak Misra’s tenure as the 45th Chief Justice of India will span for the next 14 months until he retires in October 2018 and is expected to see judgments in some high-magnitude issues like the validity of the Aadhaar card, the special status accorded to Jammu and Kashmir and the Ayodhya land dispute.


NewsGram is a Chicago-based non-profit media organization. We depend upon support from our readers to maintain our objective reporting. Show your support by Donating to NewsGram. Donations to NewsGram are tax-exempt.
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