April 23
INDIA:
Amid belligerent demands for capital punishment for rapists, on Sunday the
President signed an ordinance that introduces the death penalty for those
convicted of raping girls below the age of 12. But this clamour for introducing
the most stringent punishment has conveniently sidestepped the more cogent
criticism of the systemic failures in addressing increasing sexual violence
against women and children.
For those looking at it from the point of view of rape survivors and their
bitter experiences with the criminal justice system, capital punishment for
rape is the easiest and most convenient demand to raise, yet the most harmful
one also for rape survivors. The women's movement has laid emphasis on the need
for the person raped to survive the assault, and in turn be enabled to book the
perpetrators.
There are numerous instances of the perpetrators killing their victims, so
stringent anti-rape laws are perceived not to be deterrents but measures that
further instigate rapists to attack the victims. In fact, the assumption that
the severity of law is an adequate deterrent to crime being committed is a
highly contested one, given that brutal rapes in India have not decreased
despite enforcement of the Criminal Law (Amendment) Act, 2013 - a piece of
legislation which prescribes the death penalty and life imprisonment for sexual
assaults that result in death or the victim being reduced to a persistent
vegetative state.
Patriarchal undercurrent
Women's movements across the world have consistently criticised knee-jerk,
populist "solutions" to curbing sexual violence that in a highly patriarchal
vein overemphasise the sexual aspect of the assault and reinforce the stigma
attached to rape. Such "solutions" are seen as undermining the need to address
the essential question of the rehabilitation of rape survivors, as well as the
question of the complicit role played by state agencies in denying justice to
survivors. This critique of capital punishment for rape stems from a concrete
assessment of shoddy police investigations, low conviction rates, the overall
tendency of hesitation within the judiciary in awarding severe punishment, and
the capacity of stringent anti-rape legislation to enhance the propensity of
rapists to murder their victims.
The epidemic proportions that child rapes and sexual assaults on women are
taking in India necessitates discussion on the entire process: from the initial
moment complaints reach police stations to the moment of conviction, but more
often, acquittal of sexual offenders.
It is well known that right from the moment the criminal justice system is
supposed to kick in, there is unwarranted delay by the police in filing missing
person complaints and registering written complaints of sexual assault
survivors. The reason for such police inaction is a debate within itself, but
often enough, such inaction is connected to prevailing biases of class, caste,
religion and gender. What is important to note is that a delay in police
investigation amounts to an obstruction of justice since it allows the
perpetrators to destroy crucial evidence and cover their tracks by influencing
witnesses, and, sometimes, even the survivor.
The huge difficulty rape survivors face in police stations and hospitals where
medical examinations are carried out is another pertinent issue which is
continually sidestepped. Such harassment tends to come under the spotlight only
in extreme cases, such as the one where a child, after being sexually assaulted
and left bleeding, was kept waiting for hours at a civil hospital in Gurugram
in March this year.
Further, insensitive methods of police investigation, tardy filing of charge
sheets, delayed forensic reports, insensitive counselling, uneven disbursement
of compensation to rape survivors, aggressive cross-examination of the survivor
and her witnesses by defence lawyers, inadequate witness protection, and
cumbersome court proceedings have together disempowered rape complainants. No
amount of retributive justice can enable rape survivors, especially children
who grapple with understanding their experience of hurt, to move on in life if
the day-to-day pursuit of justice is an uphill and disempowering process in
itself.
Low conviction rate
Instead of harping on the quantum and severity of punishment, we have to
highlight the issue of a low conviction rate for rape. The dismal conviction
rate for rape in India is a consequence of complicity of state agencies. It is
precisely this which contributes to the culpability of rapists and nurtures the
growing impunity with which sexual crimes are committed. This is a reality well
captured in National Crime Records Bureau data that show high figures of repeat
sexual offenders.
What will work For the wheels of justice to start turning, it is essential to
recognise that the crisis lies in the precise manner in which the existing
criminal justice system unfolds. India???s growing rape culture is best
reversed by enhancing conviction rates through reforms in the police and
judicial systems, and by augmenting measures to rehabilitate and empower rape
survivors. We require nothing short of the following: greater allocation of
state resources towards the setting up of fast-track courts; more one-stop
crisis centres; proper witness protection; more expansive compensation for rape
survivors, and an overhaul of existing child protection services. Until these
issues are addressed, little will change on the ground.
(source: Maya John, an Assistant Professor at Jesus and Mary College, New
Delhi, is a women's rights activist----The Hindu)
******************
Child rape case: Why death penalty is not the right step
This newspaper is opposed to the death penalty in principle. But there are
other reasons to disapprove of the proposed amendment to the Indian Penal Code
to award death penalty to those who rape children. One is that the death
penalty might well inhibit reporting of the crime, when the rapist is a close
relative or otherwise well known to the family of the victim, as is the case in
94% of reported rape cases. Obversely, it makes it all the more likely that the
rapist would kill the victim after the crime - the penalty cannot go up and the
chance of being identified as the perpetrator comes down. The more serious
objection, however, is that such elevation of the penalty and prescribing
tighter norms for bail and faster prosecution serve as tokens of official
commitment to preventing rape while diverting attention from what really needs
to be done.
Strengthening the capacity of the police force to investigate crimes and
prosecute the guilty is one of those complex challenges that get neglected.
Police reform to prevent political interference in investigation of crimes and
the conduct of enforcing the law is key to making any law work in India,
including in the case of rape. An MLA accused of rape can roam free, even as
the victim's father can be picked up by the police and beaten up. Training
policemen in crime detection, creating trust between the community and the
police, so that information flows to the police, instead of being tortured out
of the mouths of select witnesses, bringing in overall professionalism in
police work - such things make a difference but do not get recognition as
political sensitivity to rape. The good work being done to empower women and
change social attitudes on gender must be redoubled. For, differential power
relations underpin rape.
(source: Editorial, The Economic Times)
****************
Death penalty for child rapists: This populist move will only cause India's
children more harm----With its ordinance, the government hopes to silence the
protests that followed the Kathua and Unnao cases.
In one stroke, the government hopes to silence the protests that followed the
murder and alleged rape of an 8-year-old girl from the nomadic Muslim Bakerwal
community in Kathua, in Hindu-dominated Jammu, in January. The crime had
shocked the conscience of ordinary people across the country. It was committed
to instil fear in the Bakerwal community and drive them out of the region, the
police said. The accused men had the support of lawyers from the district bar,
who had tried to physically prevent the police from filing the chargesheet. The
Supreme Court, which is seized of the matter, has issued a notice to the bar
association.
The protests coincided with allegations made by a 17-year-old Dalit girl in
Unnao, Uttar Pradesh, in April that Bharatiya Janata Party MLA Kuldeep Sengar
had raped her last year. She also accused him of assaulting her father, who
died from injuries this month. The incident came into public view only when the
girl attempted to commit suicide outside the home of Uttar Pradesh Chief
Minister Adityanath. Until then, the police had refused to investigate her
allegations because the man she had accused is a sitting MLA.
Both incidents involved supporters of Prime Minister Narendra Modi. In
addition, the Kathua incident had communal undertones. Hence, the prime
minister initially maintained a stony silence. It was left to Minister for
Women and Child Development Maneka Gandhi to attempt some damage control.
Projecting the incidents merely as gender crimes, she announced that the
government would introduce the death penalty for those convicted of raping
children under 12 years of age. This helped douse the anger of some protestors.
Finally, when the prime minister did break his silence and issued a statement,
his comments were very general: "the latest incidents have brought shame to our
country", he said, adding that "our daughters will definitely get justice".
"Justice" to victims automatically gets converted to "stringent punishment" to
the accused. So, the ordinance promulgated on Saturday prescribes a minimum of
20 years in prison for the rape of a minor while the maximum is the death
penalty.
Not in the child's interest
With one stroke, the prime minister has silenced his critics. Now no one can
blame him for being a silent spectator while an epidemic of rapes spreads
across Surat, Indore, Delhi, Mumbai, almost every Indian city. Anyone who
opposes the ordinance can be labelled as someone who supports rapists. This
move is in line with other similar, drastic measures: demonetisation to curb
black money, surgical strikes across the Line of Control against attacks and
ceasefire violations by Pakistan, and the criminalisation of triple talaq.
A time limit of 2 months has been set for completing a rape trial and of 6
months to dispose of all appeals. In view of our overburdened courts, this is
unrealistic to say the least. Even in the 2012 Nirbhaya gangrape-murder in
Delhi and the 2013 Shakti Mills rape in Mumbai, which were marked as priority
cases, the trial had gone on for several months. Where will these "dedicated
courts" to try offences against children come from?
These are secondary concerns. The more basic concern is, will this move help
child victims or will it drive them into a shell and reverse the increase in
reporting of crimes against children that we have witnessed in the last 3
years? This reckless but populist move will cause more harm to children as it
does not place their interests at the centre of remedial measures.
Rapes within the family
The gruesome Kathua case - the chargesheet says the 8-year-old was drugged,
starved, gangraped and then strangled - is not the norm. Most child abuse takes
place within our homes and neighbourhoods. Rather than acting as a deterrent to
offenders, the death penalty provision may stop a child from reporting her
father to the police, knowing that he may be hanged. Besides, a child under 12
does not walk into a police station on her own, she has to be brought there by
a family member. This will happen only in cases where the rapist is a stranger.
While the affluent and powerful know how to escape the noose, it is the poor
and marginalised, represented by ill-equipped legal aid lawyers, who will be
caught in this net.
Those clamouring for the death penalty fail to acknowledge that the courts are
already empowered to award it in rape and murder cases that fall within the
"rarest of rare" category. In the Nirbhaya case, for instance, the convicts
were awarded the death penalty under provisions of the Indian Penal Code that
existed at the time and not under the amended and more stringent statute that
came later.
Several studies have highlighted that the death penalty is not a deterrent
against any crime. It is the certainty of punishment and not the severity that
is the real deterrent. The conviction rate in rape cases continues to be
abysmally low even after the introduction of stringent punishment under the
Protection of Children from Sexual Offences Act, 2012.
According to research by my advocacy group Majlis as part of our Rahat support
programme for child survivors of sexual assault, the accused is known to the
victim in 91% of cases. He is a stranger in only 9% of cases. In addition, rape
by fathers or stepfathers constitutes 46% of all rapes within the family and
7.2% of all rapes, which is nearly as much as rape by strangers. The National
Crime Records Bureau???s latest report says 95% of rapes are committed by
persons known to the victim.
The proximity of the abuser to the victim makes the task of reporting the crime
arduous and traumatic. Even after making an official complaint, pressure is
exerted to retract. Financial constraints and social stigma often result in the
victim turning hostile in court. No one bothers to pierce the veneer and
understand her vulnerabilities and constraints. Each rape pushes the victim
several notches down the social ladder.
Not a lasting solution
The main problem with the ordinance is that it does not place the victim at the
centre of the discourse, and the archaic remedy of the death penalty as a
panacea for all evils. No social audit has been conducted of how the 1-stop
centres for rape victims - which offer integrated services such as police
assistance, legal aid, medical and counselling services, and were set up after
the Nirbhaya case - are functioning. Instead, there is an assumption that if
every district has one such centre, it will provide the necessary support to
rape victims. Our shelters across the country are also in the doldrums. In many
places, Child Welfare Committees do not even function.
Victim support is a challenging and tedious task. Only a government that does
not want to invest in lasting solutions will prescribe the death penalty as a
"quickie solution' to the grave problem staring us in the face.
(source: Flavia Agnes is a women's rights lawyer; scroll.in)
**********************
'Are 14-16 Year Old Girls Not Kids': Kamal Haasan on Death Penalty for Rape
Actor-politician Kamal Haasan on Sunday wondered why the ordinance promulgated
today provided for the death penalty for rape of girls under 12 years alone and
not for those aged between 14 and 16 and said families should bring up boys to
act responsibly.
"Why is the death penalty only for rape of girls aged under 12...What about 14,
15, and 16-year-olds, are they not children too? It will take time for them too
(14-16 year-olds) to blossom as women. I do not know how to view it," he said.
The Makkal Needhi Maiam chief was addressing his party workers and supporters
through YouTube.
Answering a question on crimes against women and children and the rules he
would bring in if his party was voted to power, Haasan said "rules can be
formulated... even now death penalty has been prescribed." Haasan had made
known his views against the death penalty before he entered politics.
The MNM chief said the important thing was for families to change their mindset
in the way they brought up boys. "Just like we teach the values of chastity and
honesty to girls, boys too must be brought up responsibly by families.???
Sadly, this was not being done and boys were pampered and allowed to do what
they wanted, 'just because he is a male', the actor said.
No government rule was needed to implement this, he said. President Ram Nath
Kovind on Sunday promulgated the criminal law amendment ordinance, paving the
way for providing stringent punishment, including "death" penalty, for those
convicted of raping girls below the age of 12 years.
The actor turned politician said he had given deep thought as to why he should
get into politics when leaders he respected like Mahatma Gandhi and reformist
leader Periyar had stayed away from it. "All along I was keeping quiet thinking
I could toe a similar line. Had such leaders been alive today, there would have
been a necessity for them to take part in electoral politics," he said.
Haasan said it was not a spur of the moment decision for him to join politics.
It was a thought process lasting many years. There was also some confusion in
arriving at a decision but he overcame it, he said. The MNM chief said he had a
"guilty" feeling as he wondered if politics was pushed to a bad phase due to
"carelessness" of the general public and the media in monitoring the government
and questioning it.
Haasan alleged that there was an arrogance among those in power and hence they
were disinclined to answer people's questions. Such factors steadily pushed him
towards getting into politics. He replied in the negative when asked whether he
ever regretted entering politics.
To a question, the actor said his brand of politics would be driven by people's
welfare and he did not hanker for power. To another question, he said "you
decide what I should be... whether the Chief Minister or Leader of Opposition."
On eradicating caste, Haasan said it was a 'disease' and it should be
eradicated.
Caste-based discrimination was a reason for poverty. Caste could not be
eradicated immediately he said and called for change from a personal level to
facilitate it. Stating that 'gram swarajya' was a possibility, he said his
party has adopted already a village and more will be done. He told his cadres
to deal firmly and properly if political parties put obstacles during their
welfare work. "Those who pose obstacles for service to the people are
anti-nationals, they should be dealt properly but without violence," he said.
(source: news18.com)
*******************
Death penalty no deterrent: 4 rape cases reported in UP in a single day despite
new stringent laws----The Union Cabinet on Friday approved an ordinance to
allow courts to award the death penalty to those convicted of raping children
up to 12 years of age.The President of India gave his go ahead to the same on
Sunday.
Even as President Ram Nath Kovind gave his go ahead to the ordinance paving way
for providing stringent punishment, including death penalty, for those
convicted of raping girls below the age of 12 years, 4 complaints of sexual
assault were registered in Uttar Pradesh, of which 3 cases involved minor
victims.
In Rampur, a 7-year-old girl was allegedly raped in a forested area about 30 km
from the district headquarters. The incident took place on Saturday.
The minor's father told police that his daughter had gone to fetch some water
when a man abducted her and sexually assaulted her in a secluded area.
The man, who fled the spot leaving the girl unconscious, was later nabbed by
the police.
"The girl was playing outside her house at around 10 am. Her parents, who are
farmers, and elder siblings, were at the farm when the youth, Sirasat (19),
lured her to a nearby farm and sexually assaulted her. He fled and the girl
came back home and informed her parents. The police were called and within 2
hours, the accused was arrested with the help of some villagers," said Rampur
SP Vipin Tada.
A 15-year-old girl was allegedly sexually assaulted by a man when she was alone
at her house in Rohana Kalan village here, the police said today.
The accused was caught and handed over to the police when the victim raised an
alarm, Circle Officer Harish Bhadoriya said.
According to a complaint filed by the victim's father, Johny (22) barged into
their house last night and sexually assaulted his daughter.
The accused has been charged under the POCSO Act and relevant sections of the
IPC, the police added.
In yet another case of minor being sexually assaulted, an 11-year-old girl was
allegedly raped by her uncle in Vishnugarh area of Kannauj.
The girl was reportedly alone at home when the incident too place.
When her father returned, he saw his daughter in a bad condition. On learning
that his brother had allegedly sexually assaulted her daughter, he went to the
police station to file an FIR.
Superintendent of Police (SP) Kannauj, Keshav Chandra Goswami told ANI that a
search operation was launched to nab the accused.
A minor was allegedly gangraped by 3 men in Moradabad, and a video of the whole
incident was filmed.
The minor told the police that when she used to go to the fields, the three men
used to harass her constantly. She was reportedly alone at home and was doing
household chores when the trio barged into her house and allegedly sexually
assaulted her.
Superintendent of Police (SP), Civil Lines, Aparna Gupta said that the police
launched a search operation against the culprits and efforts were on to delete
the video that became viral on social media.
Child rights activists oppose death penalty for rape of minors
Even as a number of leaders have advocated death penalty for rape of girls aged
below 12, child rights activists across the country have come out against the
government's decision to amend the Protection of Children from Sexual Offences
(POCSO) Act for this purpose.
The Union Cabinet on Friday approved an ordinance to allow courts to award the
death penalty to those convicted of raping children up to 12 years of age.The
President of India gave his go ahead to the same on Sunday.
"In a country where there is no certainty of conviction, this government wants
to bring in more stringent laws. In a country where most rapes are perpetrated
by family members, invoking death penalty will only increase the chances of
acquittal.
"Most of the cases will not be reported. There is a reason why the death
penalty for child rape exists in only about 13 countries or so, most of them
Islamic," said Bharti Ali of HAQ centre for child rights.
According to the data of the National Crime Records Bureau, 95 % of the rapes
are committed by family members. The conviction rate in cases of rapes of women
is around 24 %. It is 20 % under the POCSO Act.
"I believe that the only deterrent in rape cases is conviction in not more than
90 days. Worldwide we have seen that, more than strict punishment, it is speedy
justice that works as a deterrent.
"I fear that with the death penalty, most people will not report child rapes,
as in most cases the accused are family members. The conviction rate will come
down further," Vinod Tikoo, a former member of the National Commission for
Protection of Child Rights, said.
According to a recent study by Kailash Satyarthi Children's Foundation, it
would take the courts 2 decades to clear the backlog of cases related to child
sex abuse.
Activists say the government should focus more on strengthening the existing
laws, ensuring safety of victims and witnesses, speedy trials, and awareness
generation.
(source: indiatvnews.com)
SOUTH KOREA:
Prosecutors seek death penalty for motel arsonist
Prosecutors on Monday sought the death penalty for a middle-aged man accused of
setting fire to a motel in Jongno-gu, Seoul, in January, killing seven people
and injuring 3.
The alleged arsonist, 53, surnamed Yoo, pled guilty to the crime and begged for
mercy.
At a trial hearing in Seoul Central District Court, the prosecution asked the
judge for capital punishment, saying his crime was "prepared with intention to
kill people."
The suspect claimed the crime took place when he was "drunk" so he "couldn't
make a right judgment" at that time.
"All the evidence and testimonies show the accused, who was sober, poured
gasoline on the floor (of the motel), set it on fire and checked if the fire
was catching before leaving the building," the prosecutor said. "It doesn't
make sense that he committed the crime while he was drunk."
Court documents say Yoo committed the crime at 3 a.m. on Jan. 20 after a motel
manager rejected his call to send a call-girl to his room. In a fit of anger,
he poured 10 liters of gasoline he bought at a nearby gas station and set it
alight.
The ruling trial is scheduled for May 4 at 10:10 a.m.
(source: The Korea Times)
PAKISTAN:
Supreme Court expected to hear Asia Bibi's appeal against capital punishment
Chief Justice of Pakistan, Justice Mian Saqib Nisar has announced that the apex
court will soon hear the appeal case of blasphemy convicted Christian woman
Asia Bibi. In this regard, Chief Justice stated that a date for case hearing
will be announced soon.
Blasphemy case against Asia Bibi
On Saturday, April 21 Chief Justice of Pakistan Justice Mian Saqib Nisar has
confirmed that a new hearing date for Asia Bibi's appeal case against capital
punishment. At the same time, Justice Saqiz Nisar also issued directives for
full security provisions for Asia Bibi.
In 2009, Pakistani Christian woman Asia Bibi was accused of committing
blasphemy by her co-workers. Later, in 2010, a court in district Nankana
awarded her capital punishment, which was later challenged by her defense
counsel. The decision was upheld by a 2-member bench of Lahore High Court in
2014. Her appeal case is currently pending with the Supreme Court of Pakistan.
Asia Bibi, an internationally known Christian victim of false blasphemy charges
is languishing in the Pakistani prison for almost nine years. In her early
session court hearings, she denied blasphemy accusations. But the court was
pressurized by local as well as national religious forces; as a result, session
judge of Sheikhupura Courts, Muhammad Naveed Iqbal, handed capital punishment
to her.
Her capital punishment was challenged in the Lahore High Court in 2014 which
not only left her in despair but additionally High Court's stay order against
presidential pardon made her acquittal chances very slim. Her further appeal is
pending in the Supreme Court of Pakistan.
In October 2016, Supreme Court judges called off the trial of Asia Bibi to a
date yet to be determined. A Supreme Court bench consisting of three members
and led by Justice Mian Saqib Nisar, decided to adjourn the court after 1 of
the judges of the bench decided to quit the bench. Justice Iqbal
Hameed-ur-Rehman retired from the case maintaining that he had also been part
of the bench hearing the case of Salman Taseer's murder. In 2017, the apex
court had declined a petition seeking early hearing for Asia Bibi's appeal
case.
(source: christiansin pakistan.com)
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