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Archives for : Nirbhaya

#Delhigangrape – Why don’t people first control their daughters?: Defence lawyer #Vaw #WTFnews

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Published: Friday, September 13, 2013,

'People should control their daughters'

New Delhi, Sept 13: After the death sentence of the four rape accused in the Nirbhaya gangrape case, the one who has topped the news charts is the defence lawyer AP Singh, but for all the wrong reasons. After his hysterical presentation of the Nirbhaya case, invoking the ideologies of Gandhi and Buddha, the defence counsel now blames political pressure. “It is regrettable that the judgement in the case of the December 16 gangrape has been completely dictated by the government. The judge – without giving it due thought and under political pressure, without considering evidence or witnesses – has handed all four convicts the death sentence,” he said. Contesting the reasoning of the trial court, he further said,”During the time I have to appeal – in the next 2-3 months – if there is no rape in this country I will not appeal in the High Court. But, if rapes take place then I will appeal in the HC.” But he does not stop at that. After the sentencing, the counsel said that he would move the High Court as the sentencing was made under the pressure of the home minister Sushilkumar Shinde. But what outraged the media and the people was his unsympathetic statement onNirbhaya and his sharp remarks on her personal life. A tweet by India today says,”Why don’t people first control their daughters? I’d burn my daughter alive if she was having pre-marital sex,roaming around with her boyfriend at night”. It is rather unfortunate that while the entire country is rejoicing justice, its very representative is making such statements.

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#India – What has changed since December 16 #Rape #Vaw

Aug 27, 2013

headereye

Flavia Agnes, Asian Age

The rape victim opted for life than to become a martyr at the altar of sexual purity and has challenged the judicial premise that virginity is the most priced possession of an Indian woman

Since the gangrape of a photojournalist in Mumbai on August 22, I’m constantly being asked two questions by the media — print media, television media, international media, the British, the American, the French, the Australian, the entire lot.

The first question: Has there been any change at all since the public protests following the gruesome gangrape of a young women in Delhi in December and the law reforms that followed or does one get a feeling of déja vu? And the second: Is Mumbai going the Delhi way and losing its sheen as a safe city for women? And the associated question — Will this incident change the way women in Mumbai think, feel, work and will their lives be ruled by the constant shadow of rape that will hover over them?
I hope not. I believe that women of Mumbai are made of sterner metal and one such incident cannot change the way they think or work. Incidents such as these are not unusual for Mumbai or any other city for that matter. We have had a fair share of them. Many go unreported, and even if reported, many don’t get a lot of media attention — most at best get a three-line report on the ninth page of the newspaper, which no one notices.
But what has changed now is the media attention, both national and international, and the curiosity and voyeurism masquerading as concern. As a photojournalist and an acquaintance of the survivor responded, shrugging her well-built shoulders during a talk show on television, “Not at all, why should this incident change my life? I have surmounted worse hurdles and have emerged a winner. Why would this incident mar my life?” This summarises the spirit of a working woman in Mumbai whose labour holds up this financial capital. How can five lumpen youth from poverty stricken and marginalised families shake its base?

The blood-thirsty media has splashed photographs of old and frail women in their meagre dwellings in a vulgar display of this flashy and opulent city’s underbelly of poverty and subhuman existence for us to gloat over. They seem to be making the point that it is these women and their dwellings that breed rapists. And it appears that once again we will be braying for the blood of a teenaged boy on the cusp of maturity to cleanse the city of sexual crimes rather than ponder a viable scheme of income redistribution and poverty elevation, so that every poor child’s basic needs are fulfilled and an innocent child is not turned into a drug addict, a murderer or a rapist.
Why did the youth rape her? Because they thought they could get away with it. It is for the same reason that fathers, brothers, uncles, grandfathers, cousins, neighbours, boyfriends, acquaintances, teachers, wardens, jailers, politicians, policemen, bosses, men who wield any type of power over a vulnerable woman think they can rape. Because reporting rape causes greater stigma to the victim and navigating the justice delivery system is an ordeal only the few brave ones can endure. Only when women learn to survive rape with courage and dignity, and when the justice delivery mechanism is able to sensitively respond to their need, will the situation improve. Opting out of work or not venturing out at night will not, since most rapes occur within the domestic space or in the neighbourhood. But, ironically, these rapes do not invoke the same type of media attention as the ones where the victim is from the middle class and the accused are lower class. The class bias in the media glare is very disturbing indeed.
The hordes of television cameras parked outside Jaslok Hospital in Mumbai to catch a glimpse of the young woman or her family members, threatening to intrude into their privacy, must be an equally frightening thought for the young woman as the threatening advances of the gang of five. Reporters have visited not only the scene of the crime, but also the girl’s residence. They have spoken to the watchman and are baffled that he and other residents were not aware that a woman from the building was raped the night before. Well, thanks to the media, now they know! In a recent case, popularly referred to as “the Spanish woman’s rape case”, while awaiting the test identification parade before flying out of the country, the young woman and her support person went around the city in a burqa to shield themselves from the intruding cameras which always seem to lurk round the corner as she got in and out of the car. This constant intrusion was her biggest nightmare, post the incident.
What has changed since the December incident? Well, that our women parliamentarians did not screech in high-pitched voices and proclaim that the woman has become a “zinda lash”, a living corpse; that threatened with a broken bottle, the young woman did not think that she must fight till she dies to save her honour and her virginity. Sensing danger, she acquiesced. She opted for life rather than to become a martyr at the altar of sexual purity and has challenged the judicial premise that virginity is the most priced possession of an Indian woman. What has changed is that she has pledged from her hospital bed that she will not let this incident ruin her life and that she is eager to get back to work. (The hounding by the media will hopefully stop by then!) This is the most important lesson this incident has taught us.
It may take a few weeks, a few months or even a few years to overcome the trauma, but hopefully, when she does, she will be able to tell us the story of how she survived rape and became a survivor.

The writer is a women’s rights lawyer

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#India- All-Women Bank is A Non-Solution #Budget2013 #Womenrights

FEBRUARY 28, 2013
Kavita Krishnan

kavita Krishnan

Kavita Krishnan is secretary of the All India Progressive Women’s Association.

She can be contacted at [email protected]

Women’s Safety and Welfare Need Adequate Budgetary Allocations,

Not Hollow and Cynical Gestures

The Govt Takes Nirbhaya’s Name, Why Hasn’t It Provided Budgetary Backing for the Rehabilitation and Medical Care of All Rape and Acid Attack Survivors?

The Finance Minister’s Budget speech made several references to women. But since these have not been backed by sufficient allocations in the required areas, these references appear to be mere token and hollow gestures.

The ‘Nirbhaya fund’ is the most glaring instance of this. In the case of Nirbhaya (the Delhi gang-rape braveheart), the Government had responded to the public outcry by taking over all the medical costs of Nirbhaya. The Congress party leaders had even offered a flat to her family members. The Budget was the Government’s chance to show that these were not mere ‘charity’ gestures in one single case. In fact, the Government ought to show that it owns responsibility for the safety of all women, by providing every single survivor of rape or acid attacks with state-funded rehabilitation and medical care. The 1000 crore Nirbhaya fund, a mere corpus fund rather than a Budgetary allocation, is as of now far from adequate for covering the rehabilitation and medical costs of survivors of gender violence. In Haryana, dalit rape survivors have been forced to relocate away from their village, and the Government has ignored their demands for rehabilitation costs. Acid attack survivors and grievously injured rape survivors (as in Nirbhaya’s case) often have to travel for specialized medical care such as burns units, plastic surgery, and certain operations. Such travel costs ought to be covered by the Government also. For the Government to cynically use Nirbhaya’s name for a fund that fails to offer a guarantee of support for all survivors of gender violence, is shameful. The Rs 200 crore that has been allocated to the WCD Ministry is again, inadequate as well as vague as to its purpose.

Legislations against violence faced by women (such as the Domestic Violence Act and laws against sexual violence) need to be backed by budgetary allocations. The Budget should also have announced specific allocations for safe houses and shelters for women who face domestic violence, incest, and for homeless women. There are any number of instances where girls and women facing incest are forced to continue to stay in the same house as their molester, for want of a safe shelter. Homeless women remain ever-vulnerable to violence on the streets. And the few existing shelters are so harsh in their conditions that women commonly refer to many of them as ‘women’s jails.’

One can compare these amounts (1000 crore, 200 crore) with the Budget’s statement of revenues foregone. The Budget promises to forego revenues to the tune of 68007.6 crore on corporate taxpayers (defined by the Government as prioritised tax payers) for the year 2012-13; in 2011-12 this amount was 61765.3 crore. If the Government can write off taxes to the tune of between 60-70000 crore every year for super-rich corporations as ‘incentives’, why is it that women’s safety is not seen as a similar priority by the Government?

The Finance Minister’s announcement of a public sector women’s bank is rather mystifying. Why can’t existing public sector banks offer affordable institutional loans to women? By creating a women’s bank (whose purpose is as yet unclear), are existing banks being absolved of their responsibilities to women? Like the SHGs (which leave women debtors at the mercy of the micro-finance institutions), the women-only banks might end up being projected as the highly inadequate and misplaced ‘substitute’ for institutional bank-support for women.

The Government should, in addition, have announced allocations to ensure more judges and courts (to ensure speedier trials); forensic investigations facilities all over the country, and primary health care centres in every village, specially equipped to deal with diagnostics and care for women.

Kavita Krishnan,

Secretary, AIPWA

On behalf of the ongoing Bekhauf Azadi campaign against sexual violence

 

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#delhigangrape Repeated- After Nirbhaya, this time it is Roshni. Reporting from Ground Zero #Vaw #WTFNEWS

Press Release

Exactly a month after the Nirbhaya rape case, another rape has taken
place, that too in broad day-light, barely a few kilometres from where
Nirbhaya was found in a seriously injured condition. Clearly, Nirbhaya
has been forgotten and it is business as usual, at least as far as the
Delhi Police is concerned, probably as this case is not being
considered to be ‘high-profile’ enough for them to take proper action.

This time it is Roshni (name changed), an 8 year old daughter of
migrant industrial workers who were raped by a yet to be identified
person on the afternoon of the 17th January 2013 at her residence in
Kapashera, South West Delhi. She was taken to the Safdarjung Hospital
by her parents during the evening on the same day.

Even after a week of the crime, the police appear to be doing a
whitewash of the crime at best, as no results of their ‘efforts’ are
evident. There was an attempt to change the nature of the crime in the
FIR that was lodged, which was foiled by a well-wisher of the girl’s
family, who pressurised the Police to note the actual crime in the
FIR.

However, the Police have not been doing the investigations in a
professional manner. According to a media report, the police have said
that the girl was unable to describe the rapists. This is not true.
Though the girl was injured, she has been able to describe the rapist.
While many innocent workers and others from the community are being
rounded up and being subjected to questioning, a simple task like
creating a sketch of the rapist, based on the description provided by
the girl has not been done. The police have been harassing innocent
people in the name of investigations, as is the norm in such cases.

The victim’s family is being pressurized by their landlord to leave
the place, leading to evident doubts, about his complicity in the
crime. However, this fact has also been ignored by the investigators.

The rape has happened in the same area as Nirbhaya. Even the hospital
where the victim has been admitted is the same. So even at ground
zero, nothing is different at all. The various ‘machineries’
supposedly created as a result of the national and international
pressure of the Nirbhaya case have already failed their test, within a
few days after creation. We would like to let you know that it is
business as usual, and girls and women are as unsafe like ever before
in Delhi.

About us:- Nari Shakti Manch is a women’s organization working for the
rights of migrant women and children in Kapashera and Gurgaon. We run
a learning centre for the children in the area, besides empowerment
groups for women. This case was brought to our notice by one of the
participants in our programme, as it happened in the area where we
work. We have been in touch with the family of the victim and are
providing them with necessary support in this time of crisis.

In case you need any further details, you may contact us as per
details given below:-

Retu Singh : +919716187771

Twinkle Dahiya : +919818130721

 

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An unsung Nirbhaya in Kandhamal #delhigangrape #Vaw

by  on JANUARY 13, 2013 · http://www.dalitweb.org/

Asha Kowtal

She was young and carefree, exploring life and trying to live it to the fullest. As a young girl she wanted to look beautiful, study well and become an independent and confident woman. She used to enjoy her time with her friends and looked forward to go out and watch a movie with her male friend.

Late one evening, the thrill and the excitement of the movie ended in the brutal gang rape and death of the young girl.

This is not the recent story of Delhi’s braveheart . . .

This is the story of a young girl in a remote village in Kandhamal district of Odisha. On Oct. 26, 2012, she went to watch a movie with her male friends from her village during the Dussera celebrations. She was brutally assaulted, gang raped and murdered. The next morning, her body was found in the bushes nearby.

This case resembles the recent Delhi case in all aspects, except that the ‘outrage’ expressed from all corners of the country differs vastly.

None of the politicians apologized to the country, none of the media persons demanded an answer for the crime, none of the Bollywood personalities shed tears for her, none of the feminists wore black for her, none of the students’ groups held protests and candle marches for her.

There is no memorial for this girl. There never will be. Her life is over; she is snuffed out – not just from this world but from our memory and conscience as well. Did we even let her into our memory and conscience?

How do we her value life? While Rs. 15,00,00 has been offered as compensation for Nirbhaya, the Tehsildhar has given Rs.10,000 to this girl’s family in Kandhamal.

Is it a coincidence that her family is Dalit, landless and extremely poor?

The blankness in the faces of her parents and siblings expresses the fact that Justice Verma Committee and its recommendations will remain just as unknown and distant to them, resembling the sorrow of the loss of their dear girl, which remains unknown and distant to the rest of the world.

Please read about many more unsung Nirbhayas in Kandhamal:  report  below which gives a glimpse of the myriad struggles of the rape survivors. Their struggles reveal the deeply structural nature of patriarchal hostility deployed towards the survivors and victims of sexual crimes, and towards redress and rehabiliation processes. All systems, from Child Protection Services to Police to Courts that are meant to ensure the safety and well being of all women citizens are completely dysfunctional for girls and women from the most vulnerable sections.

I am in solidarity with ALL rape survivors and victims. But believe strongly that without unraveling the intersections of caste and patriarchy, no legislation will have any meaning in the lives of Dalit women. Dismantling institutions that reek of patriarchy and caste discrimination is a long haul for anti-caste feminism and all women – from the margins to the center, from the poorest to the most empowered women – stand to live in a better world if that’s done..

~~~

Fact finding team’s visit to investigate the recent cases of rapes in Kandhamal district.

Fact finding report of gang rape and murder of young Dalit girl in Kandhamal

Phulbhani-Kandhamal

It is shameful that heinous crimes including gang rapes and murder of young Dalit girls in Kandhamal is excluded from the discourse on rape in our country, says Asha Kowtal, All India Dalit Mahila Adhikar Manch

Bhubaneswar, January 11, 2013 – The National Campaign on Dalit Human Rights with allied organizations like NAWO, Odisha Forum for Social Action, human rights activists and journalists conducted a fact finding visit to investigate into the recent cases of rapes in Kandhamal district, addressed the media today at Red Cross, Bhubaneswar.

On January 10, 2013, the fact finding team visited five villages ( Tiangia, Simanbadi, Daringbadi, Badagaon, Sarangoda and Tikabali ) in Kandhamal district. In each village, the team has met the rape survivor, the family, community members and the investigating police officers at the police station. Finally, the fact-finding team has met the District Collector in Kandhamal and shared the findings and recommendations.

The members of the team express their shock and anguish over the gruesome cases of rape and murder of Dalit Christian girls in the recent months at Kandhamal and at the same time are angered with the fact that these cases never figure in the recent discussions on sexual violence and rape in India. Dalit girls living in remote tribal areas of India with little access to livelihood and life are battered brutally and killed, and yet this is not enough for the Orissa Government to hang its head in shame.

In Kandhamal, if at all given, a rape case is given Rs. 5000 and rape and murder is given Rs. 10,000 as compensation and in Delhi the recent much publicized case was announced Rs. 15,00,000 (Fifteen Lakh rupees) !!! This shows the apathy of the Government and clear exclusion of issues of Dalit and minority girls. The discussion with the District Collector in Kandhamal has revealed that the district administration has no money for rehabilitation of rape survivors and their families. He said, “I have no money for the compensation and rehabilitation of minority (Dalit Christian) girl survivors of rape.”

Delays in investigation, serious lapse in role of police, zero support from district administration and total break down of statutory bodies is clearly visible in every case that has been investigated. The entire child protection system, including CWC, JJB, Child line has not played any role in support of the victims as well the minor accused in the cases that we have investigated, says Manju Prabha, NAWO

Bogus baba’s and fake leaders like Bhagwat have been issuing baseless statements to the media and we condemn them as anti-human and misogynist ideas. The impunity enjoyed by a few in our country has instigated such people and others to get away scot-free. Such is the case in Kandhamal as well, where community control has been dismantled and hence people and officials are shocked to witness such horrific crimes in the area.

The Chief Minister of Orissa claims to have stayed away from New Year celebrations, in solidarity with the recent victim of rape in Delhi, but we wonder what he has done in response to these five inhuman acts of sexual violence on young Dalit girls in Kandhamal? , says Namrata Daniel, National Campaign on Dalit Human Rights

The families of the rape victims live in abject poverty conditions, without access to basic entitlements. Absence of job cards, access to PDS and other flag- ship programmes was clearly visible in all cases.

Key observations of the fact-finding team:

All the five cases reported to the fact-finding team was found to be authentic and the alleged crimes were truly reported. The detail of each case is attached.

All the acts of sexual violence were intentional and pre-planned to victimize the girl by raping and murder.

Rape survivors and family members do not have any knowledge about their legal rights and steps to be taken towards access to justice.

SC/ST PoA has not been invoked in Tikabali case and hence the accused have been roaming scot-free for more than 5 months. No compensation, no protection and no justice for this young girl who was raped and almost lost her life because the accused slit her neck with sharp knives.

The team observed that that local police did not registered FIR immediately and even those case registered police not supply free FIR copy to the victims

Severe gaps in investigation were observed particularly allegations relating to the police forcing the victims to change the statements.

Filing of Charge sheets has been delayed inordinately in all the cases. Police were not able to give a justification for this.

Filing of false / counter cases on family members of victims has been observed.

The entire child protection system is a total failure and has not been linked with any of the case yet inspite of several complaint letters and phone calls. None of the concerned members have supported. In addition, the girl was denied rehabilitation support by the administration.

After the rape and murder of young girls, Siblings of victim’s family and other girls in the villages have dropped out from school in fear.

The victims are living a life of extreme poverty and have not access to life and livelihood. The team observe that financial assistances not given immediately after the cases. In one case Rs. 10,000 was given in case of gang rape and murder and Rs. 5000 for rape was given.

District administration and police have not taken serious steps and it seems are purposefully neglecting the cases of violence against dalit and minority girls

Human Rights Commissions and other statutory bodies have failed completely in addressing the life security and protection of dalit girls and women in Orissa. No committee working in the district such as Women and child development committee and District Vigilance and Monitoring Committee (DVMC) under SC/ST (PoA) Act 1989 and Rule 1995.

Recommendations:

1. The Orissa Government should ensure speedy trial for all the cases immediately.

2. Fast track courts should be set up for these trials.

3. Ensure filing of charge sheet immediately for the investigated cases.

4. Review of enforcement of SC/ST PoA Act at district and state level should be taken up the state and include SCST minorities to be included in the PoA Act as they are targeted with the same prejudices biases.

5. Full rehabilitation plan for the survivors and families should be made for the survivor and family. Provide a job for the family member, residential school for the survivor and compensation of Rs. 15,00,00 for rape and murder case.

6. Panchayat standing committee should be activated and take serious action in these cases of violence.

7. Health department (NRHM) has not taken any action in any of the cases. Trauma counselling and medical treatment for the survivors and the witness should be provided immediately

8. Education department ( SSA ) should ensure that the girls go back to school.

9. Minority Commission to be set up in the district and Orissa State level to look into all matters concerning minority groups

10. Residential school for minority girl children should be set up to ensure quality education, safety and security of the children.

11. The child protection system ( ICPS ) should be strengthened and activated with continuous monitoring and follow up.

12. The district administration to take steps to generate awareness of legal rights in particular for women and young girls.

13. Sensitization on Gender and exclusion issues – training of police and other district officials should be conducted in

Asha Kotwal Manjuprava Dhal

General Secretary, Member

AlDMAM-NCDHR, New Delhi NAWO, Orissa Chapter

For further information:

Orissa Forum for Social Action

Jugal Kishore 08895210713 [email protected]

Divya 08895441954 [email protected]

Asha Kowtal 09560100442 [email protected]

 

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