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CAPITAL RAPE INDIA REVOLTS
In the meantime, national outrage erupted over the inhuman and unprecedented gangrape. Amid slogans renting the airs ‘Dar gaye, Yeh Sarkar dar gaye (This government has got scared)’; the UPA regime forced
COMPARISION OF LAWS AROUND THE WORLD | |||||
INDIA | UK | USA | CHINA | IRAN | |
Law | A man is said to commit “rape” if he has sexual intercourse with a women against her will and without her consent. | Rape law is gender neutral. It includes penile penetration of vagina. Anus or mouth of another person without consent. | There is no national law. Each state has its own laws. In most states, the definition of rape is broad, with respect to genders and the nature of the acts involved. | The definition of rape is narrow. Rape laws are not gender neutral. The offence includes raping of a women by violence, coercion or any other means. | The evidentiary standards make rape difficult to prove. Convictions are made either by confession or “judge’s knowledge”, rather than witnesses. |
Punishment | Maximum sentence is life term | Maximum sentence is life term | Varies with each state |
Death penalty | Death penalty |
Delhi to turn into a fortress on Christmas eve. The territory around India Gate was banned for any gathering. Nine metro stations were shut. But demonstrations continued with students, office goers and a large section of men as they lit candles in solidarity with their demand and also for the fast recovery of the strong-willed ‘gangrape survivor’, who on December 26 was flown to a hospital in Singapore and deceased on 29 December.
Capital Horror: New Delhi, home to about 1.6 crore people, has the highest number of sex crimes among India’s major cities. Police figures show a rape is reported on average every 18 hours and some other form of sexual attack every 14 hours. Official sources also say as many as 572 rape cases were reported in Delhi last year, while over 600 cases have been registered by police till September 2012. |
The unusual outpouring of anger also prompted calls for greater protection for women not only in Delhi but across the country where crimes against women are generally treated with apathy and are rarely prosecuted. Seven men on the bus allegedly attacked the girl and her friend with iron bars, raped the girl and then threw them off the vehicle which had passed through several police checkpoints.
The protesters in the capital, largely college students which and including women demanded not only death penalty for the accused in this case; but actions against police apathy on such incidents in the past and general safety assurances for women. It took a week for the administration to act. On December 24 two police personnel Mohan Singh Dabas (Traffic) and Yagram (PCR) were suspended.
Agreeing in their opinion with BJP’s lawmaker in Rajya Sabha Maya Singh of Delhi as an unsafe and unsecured place for women, Congress MP and a former chairperson of National Commission for Minorities lamented, “All these rapists are arrested, but then released. They come out and rape again. Police are not trained to deal with rape cases” she said in Lok Sabha wherein the Leader of the Opposition Sushma Swaraj first demanded death penalty for rapists. Rape in India carries a maximum punishment of 10 years in prison.
BJP leader Sushma Swaraj, who attributed the protest to ‘accumulated anger’, on December 24 after meeting the President Pranab Mukherjee threatened the protest could intensity further.
The protests actually gathered momentum on December 22 when the enraged protesters came in waves along the Rajpath road from India Gate right from the morning in a bid to march on the highly-fortified Raisina Hill where Rashtrapati Bhavan, the Prime Minister’s Office and Parliament House complex are located. The enraged protesters remained undeterred even as the Delhi police personnel repeatedly used water cannons, teargas shells and even baton-charges. As dusk fell, candle-light marches were held at India Gate, the nerve-centre of protests.
Protests were also held in various parts of the country. In the northeast hundreds of women and girls marched through the city of Guwahati on December 21 carrying placards and shouting “Hang Rapists”. On July 8, about 40 people allegedly tried to rape a girl in Guwahati.
One of the many protesters, complained that the government response within 3-4 days of the incident bordered around their usual lip-service and apathy, something people have experienced one way or the other over the last two decades or so. It is on this background one can point out that in circa 2007, Delhi police had circulated a booklet titled ‘Security Tips for Northeast Students’.
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Northeast no longer safe for women :
Unlike the past, the North East region, the home of seven states, is no longer safe for with reports emanating about rape, dowry deaths and other sexual harassment.
The National Crime Records Bureau of Home Ministry says Tripura had highest crime rate against women at 37% and Assam 36.9% against the national crime rate of 18.9 % in 2011. Nagaland had the lowest rate of crime against women in the region - 1.9 per cent. Manipur, where a large number of women organizations and civil society groups are proactive, is also going seeing rise in crime against women. In Mizoram too where women are traditionally respected, about 90 cases of rape were registered at four police stations within Aizawl.
The Guwahati rape in July 2012 remains worst of them all.
It had sparked off a series of controversies though the cops had tried to downplay it as a “well meaning gesture seeking to help northeast boys and girls to blend into ‘Delhi society lifestyle’”. The booklet among other issues had advised girls from the north-east to avoid wearing any “revealing dress”. Ironically, in December protest, placards read: ‘Don’t teach us what to wear; teach your sons not to rape’.
In a worse scenario, a section of protestors got angry that Congress and the government tried to give political colour to the protest with some ruling establishment personnel asking, “How could Sheila Dikshit and Sonia Gandhi be blamed?” for the rape. Attempts were made to blame BJP, Arvind Kejriwal’s Aam Admi Party and Left parties for the protest.
One protestor, Ajit Kumar Paudel said, “If Rahul Gandhi claims to be a youth icon and future Prime Minister, where is he hiding?” Another Facebook user said, “Something is rotten in Delhi”.
But things were apparently mishandled by a section of electronic media also. One television channel, alleged for crystal clear pro-Congress slant, said the protestors had gathered near Rashtrapati Bhavan as if they were on a ‘picnic’. Predictably, the reaction was outrageous. One New Delhi-based journalist Sandip Das on Facebook mooted boycott of the channel.
"It’s very easy to say that the Home Minister should go to meet protestors. Tomorrow if Maoists demonstrate with weapons, will I go and meet them too" The protestors, estimated at between 10,000 and 12,000 by the police, were lathi-charged at least eight times through on December 22. About 125 tear gas shells were fired and water cannons used. The drama repeated. Even the media troops were targeted.
The pressure seemed to be mounting on authorities but Home Minister Sushilkumar Shinde justified police actions.Subsequently, announcement of a slew of measures (see box), the Prime Minister’s about 2 minutes statement or Junior Home Minister R P N Singh’s ‘apology’ for police action did not cut much ice.
Govt Measures: Too Little Too Late!
*Delhi Police said they will file a charge sheet against the six accused within a week.
*Sudhir Yadav: A Special commissioner can be approached 24/7 on women’s rights. Number: 9818099012
*Lt Governor to review the security of Delhi every three months
*Gender sensitisation, gender equity from safety and development point of view
*Police personnel will also be trained. Action will be taken against any cop who disrespects women
*Keep some volunteers from women’s groups along with plain clothes police men on buses.
*Background check on drivers, Photo ID will be incorporated with the badge.
*The Chief Justice of the Delhi High Court said all cases related to sexual assaults on women in the city would be handled by fast track courts; a notification for five such courts would be made by January 2, 2013.
In a televised message, the Prime Minister on December 24, the day he held parleys with Russian President Vladimir Putin, said he ‘as a father of three daughters’ was equally aghast at the incident. “I appeal to all concerned citizens to maintain peace and calm”. But the Prime Minister’s remarks failed to carry along opposition parties and protesters. Shinde, a former police personnel, as Home Minister only sought to add insult to injuries. “It’s very easy to say that the Home Minister should go to meet protestors. Tomorrow if Maoists demonstrate with weapons, will I go and meet them too”.
CRIMES AGAINST WOMEN IN 2011
(National Figures, Courtesy NCRB)CRIME CASE REPORTED CASE CONVICTION Rapes 24206 26.4% Molestation 42968 27.7% Sexual Harassment 8570 45.8% Kidnapping & Abduction 35565 28.1% Cruelty by husband and relatives 99135 20.2% Importation of girls 80 7.8% Total Crime against women
228650 26.9%
Case Reported Case ConvictedProbe:
After the government rejected an all-party meeting, something the government generally does not mind summoning and opposition parties look for opportunities to ‘boycott’, BJP leader Sushma Swaraj alleged, “The government seems to have more faith on police and lathi charge and rejected both a special parliament session to enact harsher laws and also the mechanism of all-party meet.” Swaraj also said it is regrettable that government “does not want to talk” to the Opposition nor the Protesters.
The government, however, plunged into quick damage control mould. The Centre announced the setting up of a judicial commission headed by Justice (Retd) J S Verma to probe the gangrape incident and to suggest measures for improving the safety of women.
Besides the two ACPs, five other policemen were suspended.
On the other hand, Sandip Dikshit, East Delhi MP and son of Delhi chief minister Sheila Dikshit gave a new spin demanding replacement of Delhi police commissioner Neeraj Kumar.
Home Minister Shinde justified the police actions saying “hooligans and goondas” have got into protest. A constable Subhash Tomar, who was critically injured, died later in hospital. Eighteen other cops also sustained injuries.
Demanding accountability of senior police officers, Delhi Chief Minister Sheila Dikshit called for a “serious look” at VIP security deployment in the Capital, saying it cannot be an “excuse” for not providing security to the common man.
But as we go to press by December 25, amid Christmas celebrations, no final word can be told about the development. Will Delhi change? The answer to this question is better left in the womb of time.