To: "Share, empower &Enrich" <ai@accessindia.inclusivehabitat.in> Cc: "swati saxena" <swatisaxena...@gmail.com> Sent: Wednesday, July 26, 2017 9:28 PMSubject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday: Gurgaon: Blind banker gets 10-year jail for raping blind woman
So according to some of the views, does this case does not demand any form of punishment? Is the woman not a victim in any form? Absolutely, it should not be viewed from disability point of view. However I not at all agree that it was a consensual sexual relationship. It is clearly stated in the article that she was raped in the guest house in the pretext of meeting an advocate. Is raping someone does not call for punishment? If it is believed that this is something which does not demand punishment of any form, then I question the sensitivity and understanding of what does rape means for a women. Also even if it is consent (though I don't subscribe to this view), then we also need to look what does consent means. If consent means first victimizing someone, doing crime against them, above all showing a rosy future, leaving no alternative for them (which all happened in this case) and then asking for consent then I agree it was a consensual sexual relationship. But if consent means an absolute free will of a person, without any burden, any dependency then this may not be a consensual sex but still demands punishment. If we go through the facts of the case, the victim was first raped and then they entered into a relationship of whatever kind was it. I will reiterate my previous belief that the punishment is absolutely welcome (though people may question quantum) for what happened in the guest house. No rapist must be spared measured from what so ever yardstick. Rapists must be given the harshest punishment demanded of whatever kind.On 7/26/17, B. R. Nautial via Ai <ai@accessindia.inclusivehabitat.in> wrote:No. I think, this harsh punishment would have not given to a normal person. Generally, in every society, there's a big sympathey for disabled, speciallyfor visually impaired but if he is involve in such a bad incident, thatsympathey takes a different way and in such cases, judiciary will give himthe maximum punishment. ----- Original Message ----- From: "SPARSH GUPTA via Ai" <ai@accessindia.inclusivehabitat.in> To: "Share, empower &Enrich" <ai@accessindia.inclusivehabitat.in> Cc: "SPARSH GUPTA" <sparsh.nls....@gmail.com> Sent: Wednesday, July 26, 2017 6:19 PM Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday: Gurgaon: Blind banker gets 10-year jail for raping blind womanDear friends, first off, I think it is very wrong on member's part to jump on conclusions without knowing the full facts and without reading the full judgement as that would be the proper source to understand the opinion of the H'ble Judge in light of the facts and circumstances of the matter under consideration. Although the way report in Hindustan Times is reported is pretty pathetic to be honest. The author has not been prudent enough to put the full facts in the open and left many blanks to be filled by the reader themselves on whatever suits them the best. Therefore, it would be a unfruitful discussion till we have the exact copy of the judgement. And being a lawyer myself, I can say that with full understanding of the matter. and I completely agree with Nupur here that we need to look at this from a general angle and not the differently abled angle. Our justice system is based on the principle of equality before law and equal protection for all and so taking into account such factors would be injustice to the person under consideration. Cheers Sparsh Guptta On 7/26/17, Dinesh Kaushal via Ai <ai@accessindia.inclusivehabitat.in> wrote:Well put Swati, Consent is absolutely important and many of us missed this point in the article.We may not know exact facts, so we need to restraint ourselves from such discussions. It is court to decide whether consent was there or not. How come we have just jumped on conclusion that court has been unnecessarilybiased against men? -----Original Message-----From: Ai [mailto:ai-boun...@accessindia.inclusivehabitat.in] On Behalf Ofswati saxena via Ai Sent: Wednesday, July 26, 2017 5:20 PM To: Share, empower &Enrich <ai@accessindia.inclusivehabitat.in> Cc: swati saxena <swatisaxena...@gmail.com> Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday: Gurgaon: Blind banker gets 10-year jail for raping blind woman HI All, Directly quoting from the article below lines. "On the pretext of meeting an advocate, Kapoor had taken the victim on May 30, 2015, to a guest house in Gurgaon and raped her there for the first time. He later continued to abuse her, promising marriage." It clearly states that the victim was raped by the convict first time on pretext of meeting an advocate. How can it be justified as having sexual relationship with the consent of the women? The lines further states that later he abused her promising marriage. The words " pretext of meeting an advocate" and "abuse" are enough evidences to impose rigorous" punishment on the convict. Subsequent sexual relationship could be on consent basis (facts in the article insufficient to conclude the consent part), however this does not in any case justify his act of raping the women for the first time in the guest house. The interpretation by members that at the first instance also it was on consent is wrong. I believe no matter whatever happened after that, this punishment is highly justified for what he did in the guest house. Future innocence (though no proof of that in the article) in any case, cannot justify the heinous crime in the first instance. Comments like “men have to suffer in India because of these gender biased laws” and “this would further de-motivate men to have sexual relationship with women even with their consent”are highly unfortunate. These statements try to show that men are highly vulnerable in the hands of women because of these laws which is not the case going by the rape statistics and innumerable crime against women in India. As such comments are coming from members I am forced to write that because of such grievous acts by men, females have to live in India under a highly controlled environment which acts as a roadblock for them in various scenarios during their whole life cycle. Cheers Swati Saxena On 7/26/17, vivek doddamani via Ai <ai@accessindia.inclusivehabitat.in> wrote:I agree with Prateek in sighted persons such cases occur but we have never heard such a harsh punishment of 10 years, & in this case the sexual relation had been between two person consent here we should use the word cheating instead of rape,On 7/26/17, prateek aggarwal via Ai <ai@accessindia.inclusivehabitat.in>wrote:The widow went in a guest house with the boy to have sexual relationship by her will and continued going on repeated basis. How can this be even called rape is the question. @Avinash, I agree that the silver lining is that women knocked thedoor of court and found a favorable judgement, but I believe that thiscan further de-motivate men to have sexual relationship with women, even if the women are consenting to do so.Who would want to get into troubles like this, even after having donesex with consent of the woman afterall. The judgement would strengthen the opinion that blind women are not quite sexual being, which is already a prevalent belief in the society. This is truly illogical and one-sided in my opinion. Unfortunate. Regards, Prateek agarwal. On 7/26/17, avinash shahi via Ai <ai@accessindia.inclusivehabitat.in> wrote:The surviver in the under discussion order is a widow; this fact andher precarious circumstance may have led the judge to pronounce such a harsh punishment. He however can approach the higher judiciary. As asilver lining, There are very few blind women who knock the door of the courts when their bodily integrity is violated. This particularorder should deter blind men in particular to not take blind women forgranted and for a ride.On 7/26/17, Arjun Malhotra via Ai <ai@accessindia.inclusivehabitat.in>wrote:Wasn't there a Supreme Court Judgment recently on educated women andpromise of marriage. Why not apply that yardstick in this case as well. On 7/26/17, Rahul Kelapure via Ai <ai@accessindia.inclusivehabitat.in> wrote:Agree with Prateek. Here I also see a strainge attitude of the Judgeto justify high punishment to the convict as the girl is blind and he took advantage of her helplessness as she was blind.While techniclly it could be rape but how many would Court award 10years riggerous jail for this kind of matter in so called normal cases? I think, Judge has gone overboard while pronouncing the sentence.This is like two extreme sides of attitude for disabled where on onehand they will have extremely symphethy or they will have abselute indiference or hatred for disabled. If She was so clear that, she would want to have sex only after maragethen first marry and then do whatever. There are many matters whereeverything is consensual but when things do not go as per the expectation, slap with rape charges. Strainge. I am sure, this will not stand the scrutiny in the higher court. I don't know how well the defence fought the matter. On 7/26/17, prateek aggarwal via Ai <ai@accessindia.inclusivehabitat.in> wrote:While questioning court's decision is a crime itself in india, isn't this unfair to punish man while the repeated sexual relationships were established in mutual consensus of both the partners?As both of them had sex multiple times since 2015, how can this beeven called rape on the first place?Yes the news suggests that the man has promised marriage and onthat pretext this sexual relationship was established, but things may happen in the course of 2 years that may force a person to not marry other. That does not definitely take the fact away that the sex happened with the consent of girl. Promises like these are not documented here in india. Personally, I feel that the laws are sometimes being miss used by females, like it has been in this context. This is unfortunate. Regards, Prateek agarwal. On 7/26/17, Ajay Minocha via Ai <ai@accessindia.inclusivehabitat.in> wrote:A very welcome judgement! On 7/26/17, avinash shahi via Ai <ai@accessindia.inclusivehabitat.in> wrote:http://www.hindustantimes.com/gurgaon/gurgaon-blind-banker-gets-10-year-jail-for-raping-blind-woman/story-xQAJGpWmso2ioCesDHV2UM.html A Gurgaon district court on Monday awarded 10 years rigorousimprisonment to a blind man, a trainee probationary officer at a public sector bank, who was found guilty of raping a 33-year-oldblind widow repeatedly on the pretext of marriage. The court also imposed a penalty on convict Saurabh Kapoor, 35, who was convicted of rape under Section 376 of the IPC. Additional Sessions Judge Rajni Yadav, while pronouncing the quantum of sentence, said that given the inhumanity of the act, it was required to impose upon the convict substantive and stern sentencethat would commensurate with the gravity of the offence and alsoserve as an example to others.It is to be noted that since both the victim and the accused wereblind, the court had relied upon ‘voice identification’ that helpedthe woman to identify Kapoor, a resident of Mayur Vihar in Delhi.On the pretext of meeting an advocate, Kapoor had taken the victim onMay 30, 2015, to a guest house in Gurgaon and raped her there forthefirst time. He later continued to abuse her, promising marriage.The victim, who has an eight-year-old daughter, worked in a private company in 2015, when the incident happened. She is currently unemployed. Public prosecutor Arvind Sharma said that the convict tried to seek leniency from the court on account of his blindness. “The accused also argued that he is a government servant and highly qualified, but all these arguments were rejected by the court, which awarded him 10 years of imprisonment,” said Sharma, adding that the court has imposed a penalty of Rs 10,000, out of which Rs 8,000 wouldgo to the victim. The remaining Rs 2000 would go to the state. Ifthe accused fail to pay the fine, he will face one more year of imprisonment. The judge, in her order, also stated that undue sympathy to imposeinadequate sentence to the accused would do more harm as it willundermine the public confidence. “Keeping in view the offence committed by the convict, I am not inclined to take a lenient view against him and release him on probation. He has raped a young woman who was helpless, defenceless,vulnerable and an easy prey who trusted the convict so much thatshe surrendered herself to him. He used, violated and exploited her body,” the court said. District attorney Lal Singh Yadav said the court has given a strong message to the society. “The convict had sexually exploited the victim on the pretext of marriage,” he said. -- Avinash Shahi Doctoral student at Centre for Law and Governance JNU Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity;2. AI cannot be held liable for any commission/omission based onthe mails sent through this mailing list.. To check if the post reached the list or to search for old posting, reach: https://www.mail-archive.com/ai@accessindia.inclusivehabitat.in/maillist.html _______________________________________________ Ai mailing list Ai@accessindia.inclusivehabitat.in http://accessindia.inclusivehabitat.in/mailman/listinfo/ai-- Ajay Minocha Mob : +91-9584076767 E mail : ajayminoc...@gmail.com p13aj...@iimidr.ac.in Skype: ajayminocha2 Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list.. To check if the post reached the list or to search for old posting, reach: https://www.mail-archive.com/ai@accessindia.inclusivehabitat.in/maillist.html _______________________________________________ Ai mailing list Ai@accessindia.inclusivehabitat.in http://accessindia.inclusivehabitat.in/mailman/listinfo/aiDisclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..To check if the post reached the list or to search for old posting,reach: https://www.mail-archive.com/ai@accessindia.inclusivehabitat.in/maillist.html _______________________________________________ Ai mailing list Ai@accessindia.inclusivehabitat.in http://accessindia.inclusivehabitat.in/mailman/listinfo/ai-- Rahul Kelapure +91 9404 123454 Disclaimer: 1. 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To check if the post reached the list or to search for old posting, reach: https://www.mail-archive.com/ai@accessindia.inclusivehabitat.in/maillist.html _______________________________________________ Ai mailing list Ai@accessindia.inclusivehabitat.in http://accessindia.inclusivehabitat.in/mailman/listinfo/ai-- Avinash Shahi Doctoral student at Centre for Law and Governance JNU Disclaimer:1. Contents of the mails, factual, or otherwise, reflect the thinkingof the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list.. To check if the post reached the list or to search for old posting, reach: https://www.mail-archive.com/ai@accessindia.inclusivehabitat.in/maillist.html _______________________________________________ Ai mailing list Ai@accessindia.inclusivehabitat.in http://accessindia.inclusivehabitat.in/mailman/listinfo/aiDisclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list.. To check if the post reached the list or to search for old posting, reach: https://www.mail-archive.com/ai@accessindia.inclusivehabitat.in/maillist.html _______________________________________________ Ai mailing list Ai@accessindia.inclusivehabitat.in http://accessindia.inclusivehabitat.in/mailman/listinfo/ai-- Vivek Doddamani Ph-9868954833 & 08860410944 skype: vivek.doddamani, FB: vivek doddamani. 105, Lancer Road, Near Mall Road, Delhi-110054. Disclaimer:1. Contents of the mails, factual, or otherwise, reflect the thinking oftheperson sending the mail and AI in no way relates itself to its veracity;2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list.. To check if the post reached the list or to search for old posting, reach: https://www.mail-archive.com/ai@accessindia.inclusivehabitat.in/maillist.html _______________________________________________ Ai mailing list Ai@accessindia.inclusivehabitat.in http://accessindia.inclusivehabitat.in/mailman/listinfo/ai-- Thanks and Regards Swati Saxena MA in Human Resource Management & Labor Relations Batch of 2012-2014 Tata Institute of Social Sciences Mumbai, India Disclaimer:1. Contents of the mails, factual, or otherwise, reflect the thinking oftheperson sending the mail and AI in no way relates itself to its veracity;2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list.. 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Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list.. To check if the post reached the list or to search for old posting, reach: https://www.mail-archive.com/ai@accessindia.inclusivehabitat.in/maillist.html _______________________________________________ Ai mailing list Ai@accessindia.inclusivehabitat.in http://accessindia.inclusivehabitat.in/mailman/listinfo/ai