Jan. 5
INDIA:
Lower juvenile age limit to 16 years: states
Many state governments, including Delhi, Uttar Pradesh, Orissa, Tamil Nadu,
Madhya Pradesh and Goa, proposed on Friday that the law should be amended to
reduce the upper age limit for juveniles from the present 18 years to 16 years.
Attending a day-long conference of state DGPs and home secretaries, convened by
the Union Home Ministry to discuss measures to check crimes against women, a
few states like Mizoram, Madhya Pradesh and Goa also suggested that rape
convicts should be given death penalty. However, some argued that this would
bring down the conviction rate in such cases.
The demand for death penalty has gained ground following the gangrape of the
23-year-old in a moving bus in Delhi on December 16. One of the accused in the
case has claimed that he is below 18 years of age. The Indian Express had
reported on Friday that the UP government was likely to propose that only those
below 16 years should be treated as juveniles.
The states today supported the Centre's move to make sexual harassment and
molestation non-bailable offences and enhance punishment for the crimes. They
also agreed with the Centre's proposal to provide "no remission or parole" to
rape convicts.
Addressing the gathering, Union Home Minister Sushilkumar Shinde said: "It is
time to introspect. The number of crimes against women and weaker sections are
continuing and showing an increasing trend. It is apparent that legislations
are only part of the solution but the principal difficulty lies at the
implementation level, where sometimes the ground realities become a barrier for
effective implementation of the law."
He added: "Our primary objective is to identify such barriers, suggest
modifications required in our laws and in the procedures and methodology of
investigation, so that trial is concluded early and the guilty punished in a
time-bound manner."
Citing statistics which showed that the conviction rate is just 23 per cent in
cases of crime against women, Shinde called for a "reappraisal of the entire
system, the role of all our stakeholders, the adequacy of our laws, the
effectiveness of enforcement at the cutting edge level, the need for increased
awareness and sensitivity starting at the school level and covering all people
residing at the margins of our society."
Calling for stricter laws, Women and Child Development Minister Krishna Tirath
said there should be a provision for death penalty in rape cases where the
victim "is no longer able to enjoy a normal state of existence and
functioning".
The chief secretaries and DGPs also suggested several measures to enhance
punishment and improve conviction rate. "We have taken the suggestions,
including the proposal to lower the age of juveniles. They will be brought
before the Justice J S Verma committee. There is also consensus among the
states and Centre to set up fast-track courts to deal with crimes against women
and we will soon start implementing them," said Shinde.
Mizoram DGP Alok Verma suggested that the indecent representation of women
(prohibition) Act, 1986, should be amended and brought at par with certain
provisions of the IT Act.
Among other proposals that were put forward were: setting up a special wing in
the prosecution branch to deal with crimes against women, setting up fast track
courts and sensitising the judiciary.
Union Home Secretary R K Singh urged strict action against policemen who
refuses to register a complaint. He said the Centre proposes to increase the
number of women in police forces to 33 %.
(source: Indian Express)
******************
'Juvenile' age may be reduced to 16
Indian states have agreed to reduce the age limit for being adjudged
"juvenile", paving the way for those above 16 to be treated and punished as an
adult for involvement in a number of serious offences such as violent crimes
against women.
The consensus came at a meeting of the senior-most bureaucrats and police
officers of the country, chaired by Home Minister Sushilkumar Shinde, where he
said such crimes need to be "curbed by an iron hand".
The conference of Chief Secretaries and Director Generals of Police on crimes
against women and atrocities against SCs/STs came in the wake of the death of a
23-year-old woman after being gang-raped and brutalised with an iron rod on a
moving bus in Delhi last month.
At the conference however it emerged that all states do not support the
introduction of the death penalty for rapists and also there was no consensus
on whether parole should be granted to convicted sexual offenders.
The debate over the age limit was spurred as 5 people have been formally
charged over the Delhi gang-rape while the 6th suspect, who is believed to be a
juvenile, is expected to be tried separately, even though it has emerged that
he was the cruelest of all.
(source: Indian Blooms News Service)
************************
No unity on death for rapists
Even as the nation continues to be outraged over the brutal rape and murder of
a 23-year-old in the Capital, police chiefs and chief secretaries of a states
such as Tamil Nadu and West Bengal have voiced approval of death penalty for
rapists though a clear consensus on the issue continued to elude.
"There is no clear consensus on amending the law to include capital punishment
for rape. While Tamil Nadu and West Bengal have suggested death penalty, most
kept silent on the issue," said a senior officer privy to the
day-long-deliberations.
However, most states veered around the view that rape convicts should be
sentenced to life till death without parole.
The suggestions - which will now be considered by the Centre - came up during a
special brainstorming session of state chief secretaries and police chiefs
called by the Union home ministry on Friday.
There was, however, much stronger agreement among the states on issues like
putting rape cases on the fast track, stricter laws for crimes relating to
women including eve-teasing, increased in police patrolling on patrol cars and
motor cycles and increasing women's representation in the police forces.
The home minister also voiced concern at the low rate of conviction for crimes
against women.
Shinde said he has already sought the finance ministry's approval for
recruiting 418 women sub-inspectors and 2088 women constables for deployment in
the Capital so as to ensure the presence of at least 12 policewomen in every
Delhi police station.
Criminals everywhere
CRPF jawan held for rape in Assam
A CRPF jawan was arrested in eastern Assam's Lakhimpur district for allegedly
raping a physically challenged woman at Adarshagaon village on Thursday
evening. This was 1 of 2 rapes in the eastern part of the state over the past 2
days.
In Lakhimpur, a group of 5 CRPF jawans forcibly took the woman - who can't
speak or hear - into a jungle beside the road she was walking on. 1 of the men
raping her was caught by nearby villagers and thrashed while the 4 others
escaped, the police said. In Tinsukia district, an 11-year-old girl was
allegedly gangraped by a group of 5 men at Sukan Pukhuri tea estate in the
early hours of Friday. 4 culprits were arrested while the 5th escaped.
10-year-old raped in Bihar
A 10-year-old girl was allegedly raped by a youth near Thabe railway station in
Gopalganj district of north-western Bihar late on Thursday night.
Police sources said the victim was on her way to the station with relatives to
board a train when she was forcibly taken to a lonely place by the youth and
raped. An FIR was registered on the basis of the complaint by the victim's
relatives, a police official said.
Raisen molestation victim ends life
A 16-year-old girl, who was allegedly molested by two youths, committed suicide
by hanging herself in Raisen district, neighbouring Bhopal on Friday. The
victim was alone at home in the morning when two youths barged into her house
and molested her.
The duo fled after neighbours arrived at the house on hearing her cries for
help. But the trauma was too much for the victim, who hanged herself and was
dead by the time her parents came home, the police said.
(source: Hindustan Times)
********************
India's calls for death penalty ignore the real problem
The heartbreaking case of the 23-year-old woman attacked, raped and left for
dead on December 16 by 6 men in Delhi acted as a touchpaper for people across
India, who have turned out en masse to call for justice.
Her case has provoked thousands upon thousands of Indians - male as well as
female, young as well as old - to reflect on the treatment of women and the
violence to which they are subjected. They are demanding a sea-change in
attitudes and protections, with an unprecedented determination.
It is so often the case that from tragedy comes a tenacity which you could not
imagine provoked by any other means.
Yet if the call for change for women and girls is the silver lining to the
horror, then there is also a worrying by-product of the clamour to see justice
done.
That is, the call for the use of the death penalty.
It is always the most horrific and sickening cases that prompt the loudest call
for the use of the death penalty.
That applies in the UK, no less than in countries which still officially
execute - no matter how infrequently.
Up until November 21, 2012, when the lone surviving gunman from the 2008 Mumbai
attacks, Ajmal Kasab, was hanged, India had not carried out a single execution
for almost 8 years.
Kasab's killing meant India took a significant step backwards and joined the
minority of countries in the world that are still executing.
In the context of the recent resumption of the use of the death penalty, it
might seem unlikely that the Government there would oppose a public baying for
vengeance. But submitting to such calls would not only answer one brutality
with another, it would also ignore the real problem.
This rape and murder did not happen because the death penalty was not used
enough. It happened for a myriad of reasons - foremost of which are prevalent
attitudes towards women.
What India needs now is not revenge, but to address the many underlying issues
that are perpetuating endemic violence against women.
The laws and the justice system have to be reformed, including amending the
definition of rape, which is now far from adequate.
The woefully low conviction rate for these crimes must also be addressed.
The Indian police force has to be better trained to deal with victims of sexual
violence and there is a need to develop support systems for survivors.
What is happening in India now is a completely understandable outpouring of
grief and anger. The test is how the authorities respond to these calls.
If these men are found guilty and put to death, then any sense of catharsis
would be illusory.
But if this case provokes the dawn of a new era of rights and safeguards for
women and girls, then India could yet grasp some triumph from this utter
tragedy.
(source: Opinion, The Belfast Telegraph)
PAKISTAN:
VIEW : In praise of capital punishment - Dr Rakhshinda Perveen
The death penalty in the specific social, economic and political context of
Pakistan should not be seen as a desire or urge for revenge
What should be the approach of the advocates and activists for women's rights
and gender mainstreaming in a society like ours where vulgar display of wealth
(ill gotten wealth most often) and power are normative and where people are
respected for their positions not strengths? The question has always been in my
mind at different stages and phases of my career spanning over 20 years in the
social development sector of Pakistan and some other countries in the
patriarchal belt of South Asia.
I am speedily isolating myself from the 'Ivy league' of renowned activists and
donor-dependent and donor-driven non-profits in Pakistan for the past 2 years
on recognising the blatant discord between the idealism reflected in glossy
reports in immaculate English and the practice of most of the key players in
the sector. Therefore I do not intend to lament such successful players, as
life has taught me that it is futile to question the process and ethics as
pragmatism and popular wisdom are satisfied readily and conveniently by the
product and obvious tangible gains.
However, what still bothers me and despite training my mind to become almost
silent, I do question the relevance and effectiveness of some emerging trends,
voices and demands in civil society (precisely speaking only some selected
NGOs) that are being disseminated through different channels and media forums
as the collective vision of the entire civil society of Pakistan.
One such riddle is the issue of capital punishment for crimes (this is the only
available word but that too is inadequate)to define the trauma, pain, stakes,
notions of honour and much more associated with specified acts like rape, gang
rape, incest, child sexual abuse and acid attacks.
It is indeed an excruciating experience for me to read and hear the apologetic
perspectives and philosophies of some of the recognised champions of human
rights, women's rights and child rights defenders not to promote the idea of
the death penalty for the perpetrators of such crimes. Although the cost
(social, emotional, psychological and physiological, not only for the direct
victim as well as for the entire family) of those cannot be measured
quantitatively but is definitely too high.
The opponents of the death penalty for such criminals are usually very well
educated and belong to the elite classes of Pakistan or international technical
and aid agencies working for Pakistan on issues of violence against women,
girls and children (and who are mostly perceived as secular and liberal). They
suddenly fit in a humane approach in the discourse on this issue while claiming
in the same breath that they are not sympathetic to the criminals.
Interestingly, if not ironically, they do not hesitate in quoting the holy
books like the Quran, Bible and Gita for their pro-life arguments and that too
inappropriately. Since I am not a religious scholar I would not comment on the
teachings of these great books on such horrific episodes but my limited
knowledge of religions makes me wonder why one needs to consult religion only
when it comes to disadvantaged people, especially women and girls? Why are
these guides not considered when wars are waged, bombs are dropped and or
manufactured, arms are sold, nations are colonised, and harsh economic policies
are adopted against poor countries by IFIs and so on and so forth.
Life is not black and white. It is pertinent to comprehend the grey areas and
look for the context-appropriate options. It remains a fact that the efficacy
of the law as an instrument of social change that in principle entails two
interrelated processes, namely the institutionalisation and the internalisation
of patterns of behaviour, is an established phenomenon in contemporary times.
Still it is important to keep on reminding oneself that it is imperative not to
see a law for the capital punishment for the murderers and perpetrators in
rape, abuse and acid attacks as a magic recipe.
The death penalty cannot and will not put an end to such
abuses/crimes/offences/acts of violence. Still, I insist and urge all movers
and shakers in civil society and the legislative branches in Pakistan to adopt
capital punishment for rapists, acid attackers and child abusers because this
law is relevant in our society that has a very complex notion of honour and
poor structures of governance. The death penalty in the specific social,
economic and political context of Pakistan should not be seen as a desire or
urge for revenge. This law, far from being a reflection of societal realities,
might be a powerful means of accomplishing reality - that is of fashioning it
or making it. It will definitely set a precedent in our society where the law
is not only the darling of the accused but the rule of law is nothing but a
fairytale that has yet to be translated into a living reality, where poor
parents of rape victims as young as 6 years have to 'forgive' the perpetrators
and justice for a vast majority of the masses is a product to be dispensed only
on the Day of Judgment.
The writer is a non-elite gender expert, a violence victim turned survivor and
Legislative Fellow US (2012)
(source: Daily Times)
IRAN:
Political prisoners in Gohardasht Prison commemorate memory of Ali Saremi
Political prisoners in Gohardasht prison in the city of Karaj held a ceremony
on Friday to honor the memory of Ali Saremi, the most prominent political
prisoner in Iran and a member of the People's Mojahedin Organization of Iran
(PMOI/MEK), executed in Tehran's Evin Prison on December 28, 2010.
Mr. Saremi, 63, had spent a total of 24 years in the prisons of the Shah's
regime and under the mullahs' rule in Iran.
He was arrested for the last time in September 2007 during a ceremony marking
the anniversary of the 1988 massacre of political prisoners in Iran in which he
played an active role to organize.
(source: National Council of Resistance of Iran - Foreign Affairs Committee)
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