Dear Kanchan Thanks so much for sharing this important piece of information. It is such a pity that women with disabilities and their testimonies can be challenged on the grounds of the disability. While the judgement did consider her testimony the grounds is human rather than legal- “heartless”.
While, there are provisions in law now that mention that blind victim’s can testify in ways other than visual identification/ line up. Through voice, touch and other identifying markers. More power to disabled women who speak up and access justice systems despite of barriers. Regards Nidhi Goyal Founder and Executive Director: Rising Flame www.risingflame.org Global CSAG: UN Women President: Association for Women’s Rights in Development Core group on PWD: NHRC India Diversity and Inclusion task force: FICCI From: [email protected] <[email protected]> On Behalf Of Kanchan Pamnani Sent: 13 July 2021 13:38 To: [email protected] Subject: [AI] HC: Blind sexual harassment victim's deposition is valid 7/13/2021 HC: Blind sexual harassment victim’s deposition is valid - The Times Of India - Mumbai, 7/13/2021 https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/PrintArticle.aspx?doc=TOIM%2F2021%2F07%2F13 <https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/PrintArticle.aspx?doc=TOIM%2F2021%2F07%2F13&entity=ar01321&ts=202107130124…> &entity=ar01321&ts=202107130124… 1/1 HC: Blind sexual harassment victim’s deposition is valid [email protected] <mailto:[email protected]> Chennai: The evidence of a victim of sexual harassment who is blind cannot become inadmissible on the ground that she is visually impaired, the Madras high court said while upholding a trial court’s order that awarded seven-year jail to an autorickshaw driver who had assaulted the woman. According to the prosecution, auto-rickshaw driver Anbu Selvan was hired to transport the victim to her music class. Taking advantage of her disability, he took her to a secluded spot and sexually harassed her. He even tried to kill her when she did not cooperate. Challenging a trial court order awarding a seven-year jail term to him, Selvan moved the high court saying her evidence could not be relied upon as she was blind. Justice R M T Teekka Raman termed Selvan as a “heartless person”. Citing circumstantial and other evidence, the judge said, “Merely because of the disability, evidence of disabled persons cannot be treated as inferior in nature… The victim as a blind lacks vision, but her version had vision and hence, this court holds that the evidence of the victim is admissible in evidence.” He then confirmed the sentence awarded by the trial court. Taking advantage of her disability, an auto driver — hired to take the victim to her music class — took her to a secluded spot and sexually harassed he _____ <https://www.avg.com/internet-security> This email has been checked for viruses by AVG antivirus software. www.avg.com <https://www.avg.com/internet-security> -- 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.. Search for old postings at: http://www.mail-archive.com/[email protected]/ --- You received this message because you are subscribed to the Google Groups "AccessIndia" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected] <mailto:[email protected]> . To view this discussion on the web visit https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/022201d777be%2443fcc6d0%24cbf65470%24%40gmail.com <https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/022201d777be%2443fcc6d0%24cbf65470%24%40gmail.com?utm_medium=email&utm_source=footer> . -- 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.. Search for old postings at: http://www.mail-archive.com/[email protected]/ --- You received this message because you are subscribed to the Google Groups "AccessIndia" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To view this discussion on the web visit https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/000501d7788b%24039bfa20%240ad3ee60%24%40gmail.com.
