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Bihar polls: 174 candidates have criminal cases

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NewsGram Staff Writer

New Delhi: With Bihar polls knocking at the door, Bihar Election Watch and Association for Democratic Reforms (ADR) analysed the self-sworn affidavits of all 583 candidates who are contesting in the first phase of Bihar assembly elections, 2015.

Picture courtesy: ADR Press elease
Picture courtesy: ADR Press elease

The report published on Saturday revealed several intriguing facts besides raising a few eye-brows. The report claimed that out of all the 583 candidates in Bihar polls fray, 174 (30%) candidates have declared criminal cases against themselves. It further said that 130 (22%) candidates have declared serious criminal cases against themselves such as cases related to murder, attempt to murder, communal disharmony, kidnapping, crimes against women etc.

A total of 16 candidates have declared cases related to murder (Indian Penal Code Section-302). Pradeep Kumar of the Janata Dal (United) (JD-U) from Warsaliganj constituency has declared 4 charges related to murder while rest of the candidates face one charge each. 7 Independent candidates have declared cases related to murder.

The ADR report said that 37 candidates have declared cases of attempt to murder (IPC Section-307). Ramswarup Yadav, an independent candidate from Hisua constituency faces 5 charges related to attempt to murder. One candidate fielded by Bahujan Samaj Party (BSP), one by Bharatiya Janata Party (BJP), three by JD-U, one by Jan Adhikar Party (Loktantrik) (JAP(L)) and an independent candidate have each declared 2 charges related to attempt to murder.

The report noted that 11 candidates have declared cases related to crimes against women. Nityanand Kumar, an independent candidate from Suryagarha constituency and Rajiiv Nayak, an Independent candidate from Jamalpur constituency have each declared one charge related to rape (IPC Section-376) against them. Suman Kumar Singh, an Independent candidate from Kahalgaon constituency has declared an offense of dowry death (IPC Section-304B).

Two candidates declared cases relating to causing communal disharmony. Shakuni Choudhary of Hindustani Awam Morcha (Secular) from Tarapur constituency has declared a case related to injuring or defiling place of worship with intent to insult the religion of any

Picture courtesy: ADR Press release
Picture courtesy: ADR Press release

class (IPC Section-295). Rambalak Singh of JD(U) from Bibhutipur constituency has declared a case related to promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony (IPC Section-153A).

Five candidates declared cases related to robbery and dacoity. Ram Lakhan Singh of BJP from Teghra constituency has declared one charge each related to making preparation to commit dacoity (IPC Section-399) and assembling for purpose of committing dacoity (IPC Section – 402). Baiju Kumar Rai, an independent candidate, from Ujiarpur constituency has declared one charge each related to dacoity (IPC Section-395), making preparation to commit dacoity (IPC Section-399) and voluntarily causing hurt in committing robbery (IPC Section – 394).

A total of nine candidates have declared cases related to kidnapping. Five candidates declared offense related to kidnapping or abducting with intent secretly and wrongfully to confine person (IPC Section-365) and four candidates declared offense related to kidnapping or abducting in order to murder (IPC Section-364).  Five candidates declared more than one charge related to kidnapping against themselves.

The report also listed party wise candidates with criminal cases. It revealed, 14 (52%) out of 27 candidates from BJP, 14 (56%) out of 25 candidates from Communist Party of India (CPI), 8 (20%) out of 41 candidates from BSP, 11 (46%) out of 24 candidates fielded by JD(U), 9 (50%) out of 18 candidates from Samajwadi Party (SP), 8 (47%) out of 17 candidates of Rashtriya Janata Dal (RJD), 6 (75%) out of 8 candidates fielded by Indian National Congress (INC), 8 (62%) out of 13 candidates of Lok Janshakti Party (LJP) along with 8 (67%) out of 12 candidates of the Communist Party of India (Marxist) (CPI(M)) and 45 (23%) out of 192 Independent candidates have declared criminal cases against themselves in their affidavits.

Report on party wise candidates contesting Bihar polls with serious criminal cases mentioned that 10 (37%) out of 27 candidates from BJP, 7 (28%) out of 25 candidates from CPI, 6 (15%) out of 41 candidates from BSP, 9 (38%) out of 24 candidates fielded by JD(U), 7 (39%) out of 18 candidates from SP, 6 (35%) out of 17 candidates of RJD, 4 (50%) out of 8 candidates fielded by INC, 6 (46%) out of 13 candidates of LJP along with 5 (42%) out of 12 candidates of the CPI(M) and 38 (20%) out of 192 Independent candidates have declared criminal cases against themselves in their affidavits.

37 constituencies in the first phase of Bihar assembly elections have been declared as red alert constituencies.

Out of the 583 candidates, 146 (25%) are crorepatis, the report said. 18 (67%) out of 27 fielded by BJP, 19 (79%) out of 24 candidates from JD(U), 11 (65%) out of 17 candidates from RJD, 6 (33%) out of 18 candidates fielded by SP, 6 (75%) out of 8 candidates of INC, 8 (62%) out of 13 candidates of LJP, 3(7%) out of 41 candidates of BSP and 42 (22%) out of 192 independent candidates have declared assets worth more than Rs. 1 crore.

The average assets per candidate contesting in the first phase of Bihar assembly elections is Rs. 1.44 crores.

Among major parties, the average assets per candidate for 27 BJP candidates is Rs 2.15 crores, 41 BSP candidates have average assets of Rs 1.63 crores, 24 JD(U) candidates have average assets worth of Rs 4.63 crores, 8 INC candidates have average assets worth Rs 8 crores, 17 RJD candidates have average assets worth of Rs 4.08 crores, the average assets per candidate for 18 SP candidates is Rs 78.27 lakhs, 13 LJP candidates have average assets of Rs 2.7 crores and 192 Independent candidates have average assets of Rs. 1.23 crores.

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Crimes Against Women Perpetrate in Every two Minutes: NCRB Analysis

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Crimes against women in India
Father, left and mother, center of the Indian student victim who was fatally gang raped on this day three years back on a moving bus in the Indian capital join others at a candle lit vigil in New Delhi, India, Wednesday, Dec. 16, 2015. VOA
  • Any kind of physical or mental harm towards women is deemed as  “crime against women”
  • Domestic violence is the most dominant crime against women
  • Andhra Pradesh state is the highest to report crimes against women in the period of ten years

Sep 20, 2017: A report released by the National Crime Records Bureau (NCRB) suggests that crimes against women have increased violently in the last ten years with an estimated figure of  2.24 million crimes. The figure is also suggestive of the fact: 26 crimes against women are reported every hour, or one complaint every two minutes, reports IndiaSpend analysis.

The most dominant crime against women with 909,713 cases reported in last decade was ‘cruelty by husbands and relatives’ under section 498‐A of Indian Penal Code (IPC).

‘Assault on women’ booked under section 354 of IPC is the second-most-reported crime against women with 470,556 crimes.

‘Kidnapping and abduction of women’ are the third-most-reported crime with 315,074 crimes, followed by ‘rape’ (243,051), ‘insult to modesty of women’ (104,151) and ‘dowry death’ (80,833).

The NCRB report also listed three heads, namely commit rape (4,234), abetment of suicide of women (3,734) and protection of women from domestic violence (426) under which cases of crime against women have been reported in 2014.

Andhra Pradesh has reported the most crimes against women (263,839) over the past 10 years.

Andhra Pradesh state is the highest (263,839) to report crimes against women in the period of ten years. Crimes reported for insult (35,733) ranks first followed by cruelty by husband relatives (117,458), assault on women with intent to outrage her modesty (51,376) and dowry-related deaths (5,364).

West Bengal (239,760) is second most crime against women state followed by Uttar Pradesh (236,456), Rajasthan (188,928) and Madhya Pradesh (175,593).

Abduction increased up to three folds over the recent years,  with Uttar Pradesh being the worst affected state. Cases rose from 15,750 cases in 2005 to 57,311 cases in 2014.

Prepared by Naina Mishra of Newsgram. Twitter @Nainamishr94


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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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Rainbow Designs: Using Architecture to Sensitize People for the Rights of LGBT Community

The sensitisation hub, shaped like a pizza slice, seeks to make the point that the environment can "remedy the shortcomings" of India's LGBT community

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pride flag
The rainbow pride flag of the LGBT community. wikimedia
  • 23-year-old Abhyam Shukla’s design of a sensitization centre for the community takes gender-tropes head on
  • Kolkata-based Shukla’s interest in designing the sensitization centre was triggered when a friend from the community committed suicide last year
  • Cities like Paris, Madrid and New York have hubs for the LGBT community and there is no reason why Indian cities should also not have umbrella centres

Kolkata, July 21, 2017: It’s shaped like a pizza slice and seeks to make the point that the environment can “remedy the shortcomings” of India’s LGBT community. Taking gender tropes head-on, 23-year-old Abhyam Shukla’s design of a sensitisation centre for the community, his undergraduate architectural thesis, makes it a dissertation with a difference.

Kolkata-based Shukla’s interest in designing the sensitisation centre was triggered when a friend from the community committed suicide last year.

“The idea came to me when a friend from Lucknow committed suicide and that’s when I realised how I could use architecture to benefit the community,” Shukla, who identifies himself as a bisexual, told IANS.

The Lady Ga Ga fan says the hub traverses the gray areas and eschews the binary perspective in architectural realms in the sense that it brings about a balance between masculine and feminine elements.

“In the last five years that I have studied architecture, I have been involved in theatre and making short films. So when I had to submit my thesis, I wanted to do something that had not been done by universities in India before,” Shukla explained.

Shukla, who has just concluded his B.Arch from Jadavpur University, says cities like Paris, Madrid and New York have hubs for the LGBT community and there is no reason why Indian cities should also not have umbrella centres.

Set in the satellite township of Rajarhat in northeastern fringes of Kolkata, the blueprint of the pizza-slice shaped, slightly dented triangular hub includes queer museum spaces, healthcare and housing plans amid a landscape replete with a “healthy mix of sharp angular edges as well as soft undulating curves”.

To shape his vision and to be fair to the community’s needs, Shukla conducted a survey of as many as 250 respondents from the LGBT community (15-25 year olds) spanning 24 states.

“I asked them if they would like such a centre in their city and I also asked them what functions they would like. Based on their feedback, I started my design,” said Shukla, for whom Danish architect Bjarke Bundgaard Ingels and India’s Charles Correa are inspirations.

A majority of respondents — when queried on how effective queer museums can be in educating society — backed the idea of queer libraries and museums in helping society draw inspiration from the past. Similarly, there was a thumping “yes” on the presence of judicial services and trauma cells for assisting the community in rehabilitative measures.

“What I wanted to do was to use the stereotypical notions of masculine and feminine and show the world the concept of a third gender. Nothing in the world is binary; there is a spectrum of gray. I tried to use the male form, the female form and then create a hybrid form. So my design has all the three mixed together to show that society is supposed to live like this,” he elaborated.

Some of the built spaces that were analysed by Shukla as case studies are the National Centre for Civil and Human Rights in Atlanta, the Welfare Centre for Children and Teenagers in Paris, the Proyecto Hombre in Madrid and the BE Friendly Space in Hanoi.

ALSO READHow did Rainbow Flag attain the Prestige of representing the LGBT Community?

Three main aspects — awareness, housing and healthcare — underpin the design elements of Shukla’s version. “In the awareness aspect, which encompasses queer museums and libraries, people can go and learn about the community. This gives will inform people that India has had a long tryst with homosexuality and debunk myths that it is a Western concept,” he said.

The housing facility provides shelter to the homeless and estranged members of the community,” added Shukla.

Gender activist Pawan Dhall felt a sensitisation hub was a great idea.

“I can just say that the idea is excellent. But I would be sceptical about housing plans. I’m not much in favour of people living in exclusive domains, unless it’s for people with special needs. Or because of old age and there is a need for institutionalised caregiving. Otherwise, a sensitisation hub idea is great. It would be even better if there are some elements of intersections with other social issues at the hub,” Dhall told IANS.

According to Gita Balakrishnan, Chairperson of the Indian Institute of Architects, West Bengal Chapter, the design indicates “sensitive handling of spaces that respects privacy while allowing freedom”.

However, activist Meenakshi Sanyal, questioned how a physical hub would function given the dichotomy in the legal perception (Section 377 of the Indian Penal Code) about the community in India.

“In 2009, the Delhi High Court had decriminalized homosexuality. That time a lot of closet LGBT members had come out. When the Supreme Court had set aside that verdict in 2013, many became invisible again. I am not saying the hub is not a good idea but there is a need to focus on the accessibility of a physical hub.

“In that sense, digital fora are more accessible. Also, with the Supreme Court recognising the rights of transgender people, there is a gap in the community… the ‘T’ from LGBT is removed… so we have to factor in all these aspects,” Sanyal, who runs LGBT community support group Sappho for Equality, told IANS. (IANS)


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