New Delhi: The December 16, 2012, Nirbhaya rape case’s juvenile convict’s stay in an observation home should be extended till all aspects including mental health and post-release rehabilitation plans are considered by the authorities, the government told the Delhi High Court on Monday.
A division bench of Chief Justice G Rohini and Justice Jayant Nath was told by Additional Solicitor General (ASG) Sanjay Jain that several mandatory requirements were missing from post-release rehabilitation plan of the juvenile convict.
The bench reserved its order on Bharatiya Janata Party leader Subramanian Swamy’s plea against the release of the “unreformed” juvenile convict. “We will consider and pass order,” said the bench after hearing the arguments of government and Swamy.
“His (juvenile) stay in observation home needs to be extended….,” ASG told the court.
The post-release follow-up action “completely missing” in the report of management committee, constituted as per the Juvenile Justice (JJ) Rules, Jain told the court. He added that the committee’s plan has nothing relating to the mental health status of the juvenile, which is a mandatory requirement under the JJB rules.
Jain told the bench that as per the order of Juvenile Justice Board (JJB), the release of juvenile convict was scheduled for December 20, but “it needs to be extended”.
The juvenile, who was under 18 when arrested for brutal rape and murder of a para-medical student on December 16, 2012, was tried under the Juvenile Justice Act. He was ordered to be kept in a remand home for three years.
The court had earlier sought Intelligence Bureau (IB) report about him having been radicalised, in a sealed cover.
The IB had raised suspicion of the juvenile being radicalised after being shifted with a juvenile apprehended in connection with the Delhi High Court blast case.
Swamy in his plea asked the court to pass an order that “such unreformed juvenile not be released until it is demonstrably assured that he has reformed, ceased to be radicalised and is not a menace to the society”.
A trial court had awarded death penalty to four rapists (of the Nirbhaya rape case) which was upheld by the high court. Out of the six convicts, one was found dead in Tihar Jail and the juvenile was sent to reform home.
The appeals for four convicts are pending before the Supreme Court.(IANS)
You read with a mixture of alarm and scepticism, the poll report by the London-based Thomson Reuters Foundation that India is the most dangerous country in the world for women, beating Afghanistan, Syria, Somalia, Saudi Arabia and Pakistan.
According to reports, a total of 548 global experts on women’s issues — 43 of them from India — were asked about risks faced by women in six areas: healthcare, access to economic resources and discrimination, customary practices, sexual violence, nonsexual violence, and human trafficking. And shockingly, India comes out as the worst!
We see women progressing in every field in India, but, there is also the increasing violence against women and young girls reported every day; not long ago, female tourists felt safe in India; but now, women travelling solo are constantly targeted. Everyday there are reports of the rapes and murders of minor girls, often accompanied by unimaginable torture and mutilation.
There has been outrage in India, and also holes punctured in the survey that has such a small number of respondents, but can we really take an ostrich approach to the condition of women? Even as education and healthcare improve for women — at least in metro cities — the contempt for women is socially and culturally ingrained in the Indian psyche. In a city like Mumbai considered progressive and relatively safe for women, the girl child is unwanted even by many educated and wealthy families. In spite of laws being in place, female foeticide and infanticide is rampant, to the extent that there are large territories where there are no girl children and brides for the men have to be ‘imported’ from other states. As dowry murders and rapes rise, the more unwanted the girl child becomes. The fact is that India’s gender ratio is deplorable.
And if the male child is valued over the girl child, he grows up believing that he is special and if he is thwarted in any way, he can resort to violence. In spite of education and exposure to progressive ideas, in the case of rape or sexual violence, the tendency to blame and shame the victim persists.
To give just one small example, in the West, accusations of sexual harassment resulted in united shunning of a man as powerful as Harvey Weinstein and many others in the wake of the #MeToo movement, that helped many women speak out about their experiences.
In India, Malayalam actor Dileep, who has been accused in the abduction and rape of an actress, and was boycotted by the Association of Malayalam Movie Artistes (AMMA), was recently reinstated. This caused shock and dismay among women in the film industry.
A statement by a group of over 150 women film practitioners says it like it is, “A body that is meant to represent artistes of the Malayalam movie industry showed complete disregard for its own member who is the victim of this gross crime. Even before the case has reached its conclusion, AMMA has chosen to validate a person accused of a very serious crime against a colleague. We condemn this cavalier attitude by artistes against women artistes who are working alongside them. There is misogyny and gender discrimination embedded in this action.
“We admired and supported the Women in Cinema Collective that was formed by women film artistes in Kerala in the aftermath of the abduction and molestation of a colleague, a top star in the industry. We applaud the WCC members who have walked out of AMMA to protest the chairman’s invitation to reinstate the accused. We pledge our continued support to the Women in Cinema Collective who are blazing a trail to battle sexism in the film industry.
“Cinema is an art form that can challenge deeply entrenched violence and discrimination in society. It is distressing to see an industry that stands amongst the best in the country and has even made a mark in world cinema choose to shy away from using their position and their medium responsibly at this important moment. Today, women form a significant part of the film and media industries, we reject any attempt at silencing us and making us invisible.”
The preference for male children has had some unexpected ramifications. In a working paper published by the American non-profit, National Bureau of Economic Research, by Northwestern University’s Seema Jayachandran and Harvard University’s Rohini Pande (quoted in Quartz Media), finds that stunting in Indian children could also be blamed on the cultural preference for sons.
“In India, on average, the first child — if he is a son — doesn’t suffer from stunting. But, if the first — and so the eldest — child of the family is a girl, she suffers from a height deficit. And, then, if the second child is a boy, and hence the eldest son of the family, he will not be stunted. This happens because of an unequal allocation of resources to the first child”.
According to the report, “When Jayachandran and Pande compared India and Africa results through this lens, they found that the Indian first and eldest son tends to be taller than an African firstborn. If the eldest child of the family is a girl, and a son is born next, the son will still be taller in India than Africa. For girls, however, the India-Africa height deficit is large. It is the largest for daughters with no older brothers, probably because repeated attempts to have a son takes a beating on the growth of the girls.”
In spite of all the Beti Padhao, Beti Bachao rhetoric, the required shift in the male-centric attitude towards a more egalitarian one is simply not happening; or, it is a case of one step forward, two steps backward. The Thomson Reuters Foundation report may be unfair and skewed, but being known as the rape capital of the world does nothing to improve the image of India in the world or even in its own eyes. (IANS)