Staff Reporter
the hindu,http://www.hindu.com/2006/07/09/25hdline.htm
| Rape laws in the country have changed for the better now: Colin Gonsalves |
Thiruvananthapuram: Rape laws in the country have changed for the better now and unlike before, even if there is no witness or a medical testimony, the accuracy and genuineness of the victim's statement is enough for convicting the accused, said Colin Gonsalves, a senior lawyer at the Supreme Court of India and the Executive Director of Human Rights Law Network (HRLN).
He was addressing a two-day workshop on Human Rights and Law, organised by HRLN here on Saturday.
All rape victims have the right to compensation, following an apex court judgement in the Delhi Domestic Workers Vs Union of India in 1997. Even though the apex court had then said that all State Governments should set up a board and a separate fund for giving compensation to rape victims, no Government has done that till today, Mr. Gonsalves said.
He also advised lawyers and social activists that when handling rape cases, they should always oppose the grant of bail for the accused.
Earlier, the accused was often released on bail after 90 days. However, the Supreme Court has said that in serious social crimes such as rape, no bail should be given to the accused. Also, according to the victims' rights developed by the Supreme Court, the rape victim can always opt for additional lawyers apart from the Government's advocates, he added.
Speaking on the rights of those people afflicted with HIV/AIDS, Mr. Gonsalves said that even though there is no national legislation, the HIV-afflicted can invoke the provisions of the Constitution to affirm their rights. Article 14 of the Constitution, which guarantees every citizen the right to equality, can be invoked to fight issues of rights violation faced by the HIV-positive, such as discrimination in employment, marriage, treatment or right to privacy, he said.
There is no law at present in the country that insists on compulsory HIV testing by those who intend to get married. There are a lot of social and ethical questions to be considered before advocating such a law. When only about 10 per cent of the marriages were being registered in the country, how can a law insisting on compulsory HIV testing be implemented, Mr. Gonsalves asked.
Also, because of issues of stigma and discrimination, there would be much opposition to any law that insists on compulsory HIV testing, he said.
However, the Government should formulate a rehabilitation plan for young women who are HIV-positive and get thrown out of their homes, penniless, after the death of their husbands (who gave them HIV in the first place), Mr. Gonsalves said.
Representatives of various networks of HIV-positive people spoke about the discrimination that many young women, who are HIV-positive, had to face in society. They were harassed and ostracised by their family and the community and often denied all rights to property.
They also said that frequent disruptions in the supply of free antiretroviral drugs by the Government were creating problems for them.
The topics that are being taken up in the workshop include laws relating to domestic violence, sexual assault and custodial violence.
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"Ours is a battle not for wealth or for power.
It is a battle for freedom. It is a battle for the reclamation of human personality."
- Dr BR Ambedkar
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