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SC paves the way for women to take National Defence Academy exam in November 2021

The top court refused to entertain the centre’s notification to allow women candidates to take the entrance exam for entry into NDA only in May 2022

22 Sep 2021

indian Army

The Supreme Court has directed the central government to include women in the permanent commissions of National Defence and Naval Academies from this year’s examination that is scheduled to be held in November. It refused to vacate its previous order of allowing women to take the exams this year.

Bar & Bench reported the court saying, “It would be difficult for us to accept the submissions of the Centre in view of the aspirations of the candidates willing to take the exam. The Armed Forces have seen far emergent situations both at the border and in the country. We are sure such training will come handy here. We will thus not vacate the order passed by us. We will keep the plea pending here so that directions can be sought as situations arise.”

The court was talking about its previous order passed on August 18, in which it ordered, “In view of the impending examination and on hearing learned counsel for parties, we consider it appropriate to issue interim direction permitting the women candidates to take part in the examination scheduled for 05th September, 2021, subject to further orders from this Court.”

The Court had also ordered the Union Public Service Commission (UPSC) to give wide publicity to the order so that people can benefit from the same. It had said, “UPSC is directed to take out the necessary corrigendum in view of the interim orders we have passed today and give it wide publicity so that the intent of the order is translated into benefit at the ground level.”  

The Court said today, on September 22, that instead of allowing women to write the exams next year, the centre should consider ways to do something for the women candidates. It said, “What answer would we have for the students who are on the anvil of taking the exam? Don't ask us to effectively vacate the order. You go on with the exercise. Let us see the result and see how many women get in”, reported B&B.

The Additional Solicitor General, Aishwarya Bhati, contended that a study group has been constituted to examine the various changes in curriculum, infrastructure, fitness training, accommodation facilities etc., and these are required to be made to facilitate the entry of women by May 2022. Therefore, she sought time and urged the court to not allow women to sit for the NDA entrance examination, scheduled to be held on November 14.

But the court refused to entertain this argument and asked the centre to look for solutions and to begin with the process. LiveLaw quoted the court saying, “It will be difficult for us to accept that position, the aspirations of women having been arisen in view of the order, albeit subject to the final outcome of the petition.”

As per media reports, the petition had been filed by Kush Kalra, alleging that female candidates were being denied the opportunity of entry to the National Defence Academy on the basis of their sex, thereby systematically excluding eligible female candidates the opportunity to train at the premier joint training institute.

The petition had also stated that the categorical exclusion of women to train at the National Defence Academy and get commissioned into the Armed Forces of the country as Permanent Commissioned Officers was violative of Article 14 and 21 of the Constitution of India.

The Court has posted the matter for further hearing in the third week of January.

The August 18 interim order may be read here: 

 

Related:

SC’s landmark judgment: Equal roles for women in the Army

Male troops not 'mentally schooled' to accept orders from women: Center

SC paves the way for women to take National Defence Academy exam in November 2021

The top court refused to entertain the centre’s notification to allow women candidates to take the entrance exam for entry into NDA only in May 2022

indian Army

The Supreme Court has directed the central government to include women in the permanent commissions of National Defence and Naval Academies from this year’s examination that is scheduled to be held in November. It refused to vacate its previous order of allowing women to take the exams this year.

Bar & Bench reported the court saying, “It would be difficult for us to accept the submissions of the Centre in view of the aspirations of the candidates willing to take the exam. The Armed Forces have seen far emergent situations both at the border and in the country. We are sure such training will come handy here. We will thus not vacate the order passed by us. We will keep the plea pending here so that directions can be sought as situations arise.”

The court was talking about its previous order passed on August 18, in which it ordered, “In view of the impending examination and on hearing learned counsel for parties, we consider it appropriate to issue interim direction permitting the women candidates to take part in the examination scheduled for 05th September, 2021, subject to further orders from this Court.”

The Court had also ordered the Union Public Service Commission (UPSC) to give wide publicity to the order so that people can benefit from the same. It had said, “UPSC is directed to take out the necessary corrigendum in view of the interim orders we have passed today and give it wide publicity so that the intent of the order is translated into benefit at the ground level.”  

The Court said today, on September 22, that instead of allowing women to write the exams next year, the centre should consider ways to do something for the women candidates. It said, “What answer would we have for the students who are on the anvil of taking the exam? Don't ask us to effectively vacate the order. You go on with the exercise. Let us see the result and see how many women get in”, reported B&B.

The Additional Solicitor General, Aishwarya Bhati, contended that a study group has been constituted to examine the various changes in curriculum, infrastructure, fitness training, accommodation facilities etc., and these are required to be made to facilitate the entry of women by May 2022. Therefore, she sought time and urged the court to not allow women to sit for the NDA entrance examination, scheduled to be held on November 14.

But the court refused to entertain this argument and asked the centre to look for solutions and to begin with the process. LiveLaw quoted the court saying, “It will be difficult for us to accept that position, the aspirations of women having been arisen in view of the order, albeit subject to the final outcome of the petition.”

As per media reports, the petition had been filed by Kush Kalra, alleging that female candidates were being denied the opportunity of entry to the National Defence Academy on the basis of their sex, thereby systematically excluding eligible female candidates the opportunity to train at the premier joint training institute.

The petition had also stated that the categorical exclusion of women to train at the National Defence Academy and get commissioned into the Armed Forces of the country as Permanent Commissioned Officers was violative of Article 14 and 21 of the Constitution of India.

The Court has posted the matter for further hearing in the third week of January.

The August 18 interim order may be read here: 

 

Related:

SC’s landmark judgment: Equal roles for women in the Army

Male troops not 'mentally schooled' to accept orders from women: Center

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A year on, Hathras victim’s family awaits a house, pension and employment

The victim’s family has urged the court to provide them with immediate relief as laid down in the SC/ST rules, 1995

21 Sep 2021

hathras gang rape

The Allahabad High Court has been hearing the suo motu Public Interest Litigation (PIL) in connection with the hasty cremation of the 19-year-old Dalit girl, who was allegedly gang raped and murdered in September last year in Hathras.

In the previous hearing on September 16, the Lucknow bench of Justices Jaspreet Singh and Rajan Roy, has asked the government and victim’s counsels, along with the amicus curiae to apprise it of the various benefits the victim’s family is entitled to under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rules made thereunder.

Advocate Seema Kushwaha, representing the victim’s family, submitted to the court that even though a compensation of Rs. 25 lakhs have been provided to the family, other benefits and relief under Rule 12 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, specifically sub-Rule (4) have not been extended to them.

According to Rule 12 (4), “District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall make arrangements for providing immediate relief in cash or in kind or both to the victims of atrocity, their family members and dependents and such immediate relief shall also include food, water, clothing, shelter, medical aid, transport facilities and other essential items necessary for human beings.”

Kushwaha also brought to the court’s attention that the 1995 Rules lays down that a Scheduled Caste/Scheduled Tribe victim of gang rape and the family in case of murder, is eligible for pension of Rs. 1,000 per month, or employment to one member of the family of the deceased, or provision of agricultural land, a house, if necessary, by outright purchase.

The rules further allow the provision of utensils, rice, wheat, dals, pulses, etc., for a period of three months. In this regard, the counsel told the court, “a house and employment as envisaged under the aforesaid provisions have not been provided, as is mandatory, nor has the pension been provided.”

The court finally ordered, “Let the learned Amicus Curiae as also other counsels appearing for the victim's family and for the State etc. address the Court on these aspects relating to the benefits to which the victim’s family is entitled under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rules made thereunder as also the benefits which have already been made available to them.”

Two cases were registered after the girl’s death on September 30, 2020. The Allahabad High Court has been hearing the suo motu case into the alleged forcible cremation of the girl in the middle of the night and the Scheduled Caste/Scheduled Tribe court in Hathras is adjudicating on the criminal proceedings of the alleged gang rape and murder.

The proceedings in the trial court were interrupted in March this year, after the family and the lawyer were threatened in open court by an intoxicated advocate named Tarun Hari Sharma. The family had urged the court to shift the trial outside Hathras but the High Court refused to transfer the trial.

The matter will be heard on September 24, where the high court is set to decide the various reliefs the family is entitled to. 

The order may be read here:

 

Related:

Hathras case: Allahabad HC refuses to stay or transfer ongoing trial outside Hathras

Hathras case: Victim’s family and lawyers threatened inside court premises

State Counsel appears to justify the hasty cremation of Hathras Victim: HC

A year on, Hathras victim’s family awaits a house, pension and employment

The victim’s family has urged the court to provide them with immediate relief as laid down in the SC/ST rules, 1995

hathras gang rape

The Allahabad High Court has been hearing the suo motu Public Interest Litigation (PIL) in connection with the hasty cremation of the 19-year-old Dalit girl, who was allegedly gang raped and murdered in September last year in Hathras.

In the previous hearing on September 16, the Lucknow bench of Justices Jaspreet Singh and Rajan Roy, has asked the government and victim’s counsels, along with the amicus curiae to apprise it of the various benefits the victim’s family is entitled to under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rules made thereunder.

Advocate Seema Kushwaha, representing the victim’s family, submitted to the court that even though a compensation of Rs. 25 lakhs have been provided to the family, other benefits and relief under Rule 12 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, specifically sub-Rule (4) have not been extended to them.

According to Rule 12 (4), “District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall make arrangements for providing immediate relief in cash or in kind or both to the victims of atrocity, their family members and dependents and such immediate relief shall also include food, water, clothing, shelter, medical aid, transport facilities and other essential items necessary for human beings.”

Kushwaha also brought to the court’s attention that the 1995 Rules lays down that a Scheduled Caste/Scheduled Tribe victim of gang rape and the family in case of murder, is eligible for pension of Rs. 1,000 per month, or employment to one member of the family of the deceased, or provision of agricultural land, a house, if necessary, by outright purchase.

The rules further allow the provision of utensils, rice, wheat, dals, pulses, etc., for a period of three months. In this regard, the counsel told the court, “a house and employment as envisaged under the aforesaid provisions have not been provided, as is mandatory, nor has the pension been provided.”

The court finally ordered, “Let the learned Amicus Curiae as also other counsels appearing for the victim's family and for the State etc. address the Court on these aspects relating to the benefits to which the victim’s family is entitled under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rules made thereunder as also the benefits which have already been made available to them.”

Two cases were registered after the girl’s death on September 30, 2020. The Allahabad High Court has been hearing the suo motu case into the alleged forcible cremation of the girl in the middle of the night and the Scheduled Caste/Scheduled Tribe court in Hathras is adjudicating on the criminal proceedings of the alleged gang rape and murder.

The proceedings in the trial court were interrupted in March this year, after the family and the lawyer were threatened in open court by an intoxicated advocate named Tarun Hari Sharma. The family had urged the court to shift the trial outside Hathras but the High Court refused to transfer the trial.

The matter will be heard on September 24, where the high court is set to decide the various reliefs the family is entitled to. 

The order may be read here:

 

Related:

Hathras case: Allahabad HC refuses to stay or transfer ongoing trial outside Hathras

Hathras case: Victim’s family and lawyers threatened inside court premises

State Counsel appears to justify the hasty cremation of Hathras Victim: HC

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Slamming delay in probe, Allahabad HC directs police to speed up sexual assault probe

​​​​​​​The court reiterated section 173 of CrPC which was amended in 2018 to mandate that investigation in sexual violence cases should be completed within 2 months; yet in this case, the statements of the accused were recorded after 3 months of the FIR

18 Sep 2021

Allhabad HC

The Allahabad High Court has ordered a fresh probe into the case of rape on a minor girl in a Mainpuri school who was found hanging. The court has found some serious lapses in the investigation carried out initially. The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Anil Kumar Ojha observed that the interrogation of the accused was carried out by the police 3 months after the FIR was lodged.

Further, noticing these serious lapses, the court has also given a direction that the state government should issue and order directing investigating officers to comply with section 173 of the CrPC which mandates completion of investigation of sexual offences within 2 months.

Section 173 1A was inserted by the Criminal Law (Amendment) Act, 2018 and states:

“The investigation in relation to an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code shall be completed within two months1 from the date on which the information was recorded by the officer in charge of the police station.”

The case is of 2019 when a 16-year-old girl was found hanging in her hostel and her family had alleged sexual assault. Some serious lapses were found in the investigation conducted by the Special Investigation Team (SIT) and the family had alleged that the police were trying to shield the accused which included the school’s principal, hostel warden and another person.

The court was informed that action has been taken against those police officers who defaulted in conducting the investigation in a fair and proper manner. Investigating Officer Pahup Singh has been placed under suspension and an inquiry against Superintendent of Police, Mainpuri is underway. Further, the DGP also informed the court that two other officers Om Prakash, Additional Superintendent of Police and Priyank Jain, Deputy Superintendent of Police have also been placed under suspension.

The major lapse in the matter was that despite semen found on the body of the deceased girl, the DNA test of the suspects was not sent for which hampered the probe into allegations of sexual assault.

The court has directed the newly constituted SIT to probe the case within 6 weeks.

Members of the Bar including Senior Counsel Amrendra Nath Singh, told the court that this is not just a case of lapse in investigation but a case where the effort of the investigating team was to give benefit to the accused. The effort was to somehow make them free and thereby no evidence relevant to the case was collected rather subsequent investigation was also to give clean chit to the accused, the court was informed by the counsel.

About the mandate under section 173 of CrPC, the court said, “Since Section 173 (2) Cr.P.C. mandates completion of investigation within time frame, the D.G.P. is directed to find out whether necessary order has been issued by the State Government to direct the investigating officers for compliance of the provisions, as amended. If circular/direction has been issued till date, then immediately an order be issued.”

The court gave serious consideration to the provisions and directed that delay in “investigation in such cases should be made subject or explanation otherwise delay without any reason should invite action against the defaulting officers”.

“The Government is directed to take action against the defaulting officers, if cause delay in investigation of the offence under Section 173 Cr.P.C. If the investigating officers are not efficient then in future they should not be assigned investigation of the case. It is further directed that in the investigation, all scientific methods should be applied because defective investigation or investigation without collection of proper evidence, results in acquittal and therefore only the conviction rate is only 6 to 7%,” the court said.

The court has also directed the police administration to not only monitor the investigation but guide the investigating officers to apply the scientific methods for investigation and for training to be held periodically. The court also ordered that not only the investigating officer but the officers who supervise the investigation should be made responsible if any defect is found in the investigation. In this case, the court has directed the DGP to closely monitor the progress of the investigation.

The court also ordered protection of the petitioner and the family of the victim.

The case will next be heard on October 18.

This order mandating and reiterating completion of investigation in sexual assault cases within 2 months is a welcome move in the light of the rising crimes against women as indicated in the Crime in India 2020 report released by the National Crime Records Bureau. The report revealed that Uttar Pradesh has topped the list of crimes against women with maximum number of cases at 49,385. Uttar Pradesh also recorded the second highest number of rape cases in the country with 2,796 cases.

The complete order may be read here:

Related:

Crimes against women highest in Uttar Pradesh: NCRB 2020 report

Two years after she was found dead, family of Mainpuri school girl awaits justice

Mumbai man rapes woman, tortures her with iron rod

 

Slamming delay in probe, Allahabad HC directs police to speed up sexual assault probe

​​​​​​​The court reiterated section 173 of CrPC which was amended in 2018 to mandate that investigation in sexual violence cases should be completed within 2 months; yet in this case, the statements of the accused were recorded after 3 months of the FIR

Allhabad HC

The Allahabad High Court has ordered a fresh probe into the case of rape on a minor girl in a Mainpuri school who was found hanging. The court has found some serious lapses in the investigation carried out initially. The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Anil Kumar Ojha observed that the interrogation of the accused was carried out by the police 3 months after the FIR was lodged.

Further, noticing these serious lapses, the court has also given a direction that the state government should issue and order directing investigating officers to comply with section 173 of the CrPC which mandates completion of investigation of sexual offences within 2 months.

Section 173 1A was inserted by the Criminal Law (Amendment) Act, 2018 and states:

“The investigation in relation to an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code shall be completed within two months1 from the date on which the information was recorded by the officer in charge of the police station.”

The case is of 2019 when a 16-year-old girl was found hanging in her hostel and her family had alleged sexual assault. Some serious lapses were found in the investigation conducted by the Special Investigation Team (SIT) and the family had alleged that the police were trying to shield the accused which included the school’s principal, hostel warden and another person.

The court was informed that action has been taken against those police officers who defaulted in conducting the investigation in a fair and proper manner. Investigating Officer Pahup Singh has been placed under suspension and an inquiry against Superintendent of Police, Mainpuri is underway. Further, the DGP also informed the court that two other officers Om Prakash, Additional Superintendent of Police and Priyank Jain, Deputy Superintendent of Police have also been placed under suspension.

The major lapse in the matter was that despite semen found on the body of the deceased girl, the DNA test of the suspects was not sent for which hampered the probe into allegations of sexual assault.

The court has directed the newly constituted SIT to probe the case within 6 weeks.

Members of the Bar including Senior Counsel Amrendra Nath Singh, told the court that this is not just a case of lapse in investigation but a case where the effort of the investigating team was to give benefit to the accused. The effort was to somehow make them free and thereby no evidence relevant to the case was collected rather subsequent investigation was also to give clean chit to the accused, the court was informed by the counsel.

About the mandate under section 173 of CrPC, the court said, “Since Section 173 (2) Cr.P.C. mandates completion of investigation within time frame, the D.G.P. is directed to find out whether necessary order has been issued by the State Government to direct the investigating officers for compliance of the provisions, as amended. If circular/direction has been issued till date, then immediately an order be issued.”

The court gave serious consideration to the provisions and directed that delay in “investigation in such cases should be made subject or explanation otherwise delay without any reason should invite action against the defaulting officers”.

“The Government is directed to take action against the defaulting officers, if cause delay in investigation of the offence under Section 173 Cr.P.C. If the investigating officers are not efficient then in future they should not be assigned investigation of the case. It is further directed that in the investigation, all scientific methods should be applied because defective investigation or investigation without collection of proper evidence, results in acquittal and therefore only the conviction rate is only 6 to 7%,” the court said.

The court has also directed the police administration to not only monitor the investigation but guide the investigating officers to apply the scientific methods for investigation and for training to be held periodically. The court also ordered that not only the investigating officer but the officers who supervise the investigation should be made responsible if any defect is found in the investigation. In this case, the court has directed the DGP to closely monitor the progress of the investigation.

The court also ordered protection of the petitioner and the family of the victim.

The case will next be heard on October 18.

This order mandating and reiterating completion of investigation in sexual assault cases within 2 months is a welcome move in the light of the rising crimes against women as indicated in the Crime in India 2020 report released by the National Crime Records Bureau. The report revealed that Uttar Pradesh has topped the list of crimes against women with maximum number of cases at 49,385. Uttar Pradesh also recorded the second highest number of rape cases in the country with 2,796 cases.

The complete order may be read here:

Related:

Crimes against women highest in Uttar Pradesh: NCRB 2020 report

Two years after she was found dead, family of Mainpuri school girl awaits justice

Mumbai man rapes woman, tortures her with iron rod

 

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Crimes against women highest in Uttar Pradesh: NCRB 2020 report

 49,385 cases of crimes against women have been registered in UP; report has revealed that 2020 has seen a rise in crimes against SC/ST members

17 Sep 2021

w

The National Crime Records Bureau (NCRB), 2020, report revealed that Uttar Pradesh has topped the list of crimes against women with maximum number of cases at 49,385, followed by West Bengal (36,439), Rajasthan (34,535), Maharashtra (31,954) and Madhya Pradesh (25,640).

The total number of cases registered of crimes against women in 2020 stands at 3,71,503. This figure is lower than 4,05,326 cases registered in the year 2019 and 3,78,236 cases in 2018.

2020 has also recorded 28,046 rape cases across all States and Union Territories. Rajasthan reported the highest number of rape cases (5,310), followed by Uttar Pradesh (2,796), Madhya Pradesh (2,339), and Maharashtra (2,061).

Crimes against women includes cases of rape, dowry deaths, abetment to suicide, acid attack, cruelty by husbands or relatives, kidnapping, trafficking and outraging her modesty. The data shows that majority of cases under crime against women were registered under ‘Cruelty by husband or his relatives’ (30.2 percent), followed by ‘Assault on women with intent to outrage her modesty’ (19.7 percent), ‘Kidnaping and abduction of women’ (19 percent) and then ‘rape’ (7.2 percent).  

10,682 cases were filed against husbands/relatives for cruelty in 2020. As many as 6,984 women were assaulted with intent to outrage her modesty and 6,710 cases of kidnapping and abduction were registered last year.

Atrocities against SC/ST communities

456 cases of rape were registered in 2020 under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. A total of 50,291 crimes against members belonging to the Scheduled Caste and 8,272 cases against Scheduled Tribes took place last year.

2020 saw a rise in the atrocities against Dalits and Scheduled Tribes. As opposed to over 50,000 cases last year, 2018 had recorded 42,793 cases and 2019 had seen 45,961 cases. With respect to atrocities against ST members, 2020 saw a 9 percent increase with 7,570 cases in 2019 and 8,272 in 2020.

The report also states that there were 613 cases of sexual harassment and 221 cases of stalking of Scheduled Caste women recorded in 2020. In addition to this, there were 336 cases of sexual assault on Dalit children. 195 sexual harassment cases were registered in 2020 against Scheduled Tribe women.

Last year has also recorded 28 cases of social boycott and 172 cases of murder of Scheduled Caste and Schedule Tribe members.

Related:

Uttar Pradesh: Crimes against Dalits continue unabated

Uttar Pradesh: Where women live in fear

76 deaths in police custody, 20 human rights violation cases registered against Police: NCRB report

Crimes against women highest in Uttar Pradesh: NCRB 2020 report

 49,385 cases of crimes against women have been registered in UP; report has revealed that 2020 has seen a rise in crimes against SC/ST members

w

The National Crime Records Bureau (NCRB), 2020, report revealed that Uttar Pradesh has topped the list of crimes against women with maximum number of cases at 49,385, followed by West Bengal (36,439), Rajasthan (34,535), Maharashtra (31,954) and Madhya Pradesh (25,640).

The total number of cases registered of crimes against women in 2020 stands at 3,71,503. This figure is lower than 4,05,326 cases registered in the year 2019 and 3,78,236 cases in 2018.

2020 has also recorded 28,046 rape cases across all States and Union Territories. Rajasthan reported the highest number of rape cases (5,310), followed by Uttar Pradesh (2,796), Madhya Pradesh (2,339), and Maharashtra (2,061).

Crimes against women includes cases of rape, dowry deaths, abetment to suicide, acid attack, cruelty by husbands or relatives, kidnapping, trafficking and outraging her modesty. The data shows that majority of cases under crime against women were registered under ‘Cruelty by husband or his relatives’ (30.2 percent), followed by ‘Assault on women with intent to outrage her modesty’ (19.7 percent), ‘Kidnaping and abduction of women’ (19 percent) and then ‘rape’ (7.2 percent).  

10,682 cases were filed against husbands/relatives for cruelty in 2020. As many as 6,984 women were assaulted with intent to outrage her modesty and 6,710 cases of kidnapping and abduction were registered last year.

Atrocities against SC/ST communities

456 cases of rape were registered in 2020 under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. A total of 50,291 crimes against members belonging to the Scheduled Caste and 8,272 cases against Scheduled Tribes took place last year.

2020 saw a rise in the atrocities against Dalits and Scheduled Tribes. As opposed to over 50,000 cases last year, 2018 had recorded 42,793 cases and 2019 had seen 45,961 cases. With respect to atrocities against ST members, 2020 saw a 9 percent increase with 7,570 cases in 2019 and 8,272 in 2020.

The report also states that there were 613 cases of sexual harassment and 221 cases of stalking of Scheduled Caste women recorded in 2020. In addition to this, there were 336 cases of sexual assault on Dalit children. 195 sexual harassment cases were registered in 2020 against Scheduled Tribe women.

Last year has also recorded 28 cases of social boycott and 172 cases of murder of Scheduled Caste and Schedule Tribe members.

Related:

Uttar Pradesh: Crimes against Dalits continue unabated

Uttar Pradesh: Where women live in fear

76 deaths in police custody, 20 human rights violation cases registered against Police: NCRB report

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Two years after she was found dead, family of Mainpuri school girl awaits justice

In September 2019 the body of the class 11 student was found hanging from the ceiling fan in the hostel of Centre-run Jawahar Navodaya Vidyalaya

16 Sep 2021

Jawahar Navodaya VidyalayaImage Courtesy:timesofindia.indiatimes.com

Two years have passed since the body of a teenage girl, a class 11 student, was found hanging from the ceiling fan in the hostel of Centre-run Jawahar Navodaya Vidyalaya (JNV), Mainpuri, Uttar Pradesh, and the case has made the news again.

The body was discovered early morning on September 17, 2019, and according to news reports the girl's family had alleged it to be a case of rape and murder, however, the local police called it death by suicide. The police had even claimed that a “suicide note was recovered from the room in which she had stated that she was taking the extreme step as her roommates publicly humiliated and taunted her over the theft of some snacks three years ago when she was in class 8,” reported The Hindustan Times in 2019. However, according to a report in Zee news, the forensic examination report confirmed that the teenage victim had been raped. The girl’s family sat on a hunger strike to demand justice for their child.

The Uttar government then recommended a CBI probe into the death, stated the 2019 report in The Hindustan Times, after which the family ended their protest. A magistrate probe had also been ordered and a team of Special Task Force (STF) had reached Mainpuri to conduct the inquiry. A case had been registered against the principal, warden and a student of the school on a complaint by the girl’s father, stated the news report, adding that they were charged under section 302 (murder) and 376/511 (attempt to rape) of Indian Penal Code.

By December 2019, the Uttar Pradesh government had removed the Superintendent of Mainpuri, for the “delay and laxity in probe of girl’s death” reported the Times Of India in 2019. A departmental inquiry against SP Mainpuri Ajay Shankar Rai was also transferred and he was attached to the DGP headquarters in Lucknow. According to the news report, the victim’s father had also questioned the post-mortem report alleging that it “did not mention injuries on her body, while photographs showed injury marks near her ears and neck, and were also mentioned in the inquest.”

The family is yet to get justice and closure

Two years have passed since the tragedy, but the child’s family is yet to get justice and closure. On Thursday, September 16, 2021, the Allahabad High Court reprimanded the officers, and had asked UP DGP Mukul Goyal to appear before it. Apart from DGP Mukul Goyal, IG Mohit Agarwal, SP Mainpuri Ashok Kumar also appeared as did the members of the SIT, reported Zee news. The High Court has directed the authorities “to complete the investigation within a month.” According to the news report, the court also re-watched the video of the Panchnama and expressed its “strong displeasure” on the “police’s attitude”.  It has been reported that Inspector Pahup Singh was posted at the Police Station Bhogaon where the case was registered. Zee news reported that the “then Additional SP and CO have also been suspended”, however some action and punishment had been meted out to the same officers earlier. 

In what was reported to be a first, the HC had ordered DGP Mukul Goyal not to leave Prayagraj and appear before it. According to news reports, the court has also instructed that SP Mainpuri should “either he should be removed or forcibly retired.”

Was the postmortem report tampered with?

It is being reported that the bench of Acting Chief Justice MN Bhandari and Justice AK Ojha, after seeing the video, noted that “it appears that the report has been tampered with” and that the “hanging marks on the neck of the deceased student are raising suspicion”. The court instructed DGP Mukul Goyal to take “strict action” right away.  

Related:

95% pendency of trial of UAPA cases, 85% cases pending investigation: NCRB report
76 deaths in police custody, 20 human rights violation cases registered against Police: NCRB report
Mumbai man rapes woman, tortures her with iron rod

Two years after she was found dead, family of Mainpuri school girl awaits justice

In September 2019 the body of the class 11 student was found hanging from the ceiling fan in the hostel of Centre-run Jawahar Navodaya Vidyalaya

Jawahar Navodaya VidyalayaImage Courtesy:timesofindia.indiatimes.com

Two years have passed since the body of a teenage girl, a class 11 student, was found hanging from the ceiling fan in the hostel of Centre-run Jawahar Navodaya Vidyalaya (JNV), Mainpuri, Uttar Pradesh, and the case has made the news again.

The body was discovered early morning on September 17, 2019, and according to news reports the girl's family had alleged it to be a case of rape and murder, however, the local police called it death by suicide. The police had even claimed that a “suicide note was recovered from the room in which she had stated that she was taking the extreme step as her roommates publicly humiliated and taunted her over the theft of some snacks three years ago when she was in class 8,” reported The Hindustan Times in 2019. However, according to a report in Zee news, the forensic examination report confirmed that the teenage victim had been raped. The girl’s family sat on a hunger strike to demand justice for their child.

The Uttar government then recommended a CBI probe into the death, stated the 2019 report in The Hindustan Times, after which the family ended their protest. A magistrate probe had also been ordered and a team of Special Task Force (STF) had reached Mainpuri to conduct the inquiry. A case had been registered against the principal, warden and a student of the school on a complaint by the girl’s father, stated the news report, adding that they were charged under section 302 (murder) and 376/511 (attempt to rape) of Indian Penal Code.

By December 2019, the Uttar Pradesh government had removed the Superintendent of Mainpuri, for the “delay and laxity in probe of girl’s death” reported the Times Of India in 2019. A departmental inquiry against SP Mainpuri Ajay Shankar Rai was also transferred and he was attached to the DGP headquarters in Lucknow. According to the news report, the victim’s father had also questioned the post-mortem report alleging that it “did not mention injuries on her body, while photographs showed injury marks near her ears and neck, and were also mentioned in the inquest.”

The family is yet to get justice and closure

Two years have passed since the tragedy, but the child’s family is yet to get justice and closure. On Thursday, September 16, 2021, the Allahabad High Court reprimanded the officers, and had asked UP DGP Mukul Goyal to appear before it. Apart from DGP Mukul Goyal, IG Mohit Agarwal, SP Mainpuri Ashok Kumar also appeared as did the members of the SIT, reported Zee news. The High Court has directed the authorities “to complete the investigation within a month.” According to the news report, the court also re-watched the video of the Panchnama and expressed its “strong displeasure” on the “police’s attitude”.  It has been reported that Inspector Pahup Singh was posted at the Police Station Bhogaon where the case was registered. Zee news reported that the “then Additional SP and CO have also been suspended”, however some action and punishment had been meted out to the same officers earlier. 

In what was reported to be a first, the HC had ordered DGP Mukul Goyal not to leave Prayagraj and appear before it. According to news reports, the court has also instructed that SP Mainpuri should “either he should be removed or forcibly retired.”

Was the postmortem report tampered with?

It is being reported that the bench of Acting Chief Justice MN Bhandari and Justice AK Ojha, after seeing the video, noted that “it appears that the report has been tampered with” and that the “hanging marks on the neck of the deceased student are raising suspicion”. The court instructed DGP Mukul Goyal to take “strict action” right away.  

Related:

95% pendency of trial of UAPA cases, 85% cases pending investigation: NCRB report
76 deaths in police custody, 20 human rights violation cases registered against Police: NCRB report
Mumbai man rapes woman, tortures her with iron rod

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MP: Rain God ritual, a deeper issue than meets the eye

Data from the IMD suggests a trying monsoon for Bundelkhand farmers, with scanty rainfall predicted

15 Sep 2021

MP RitualsImage Courtesy:muslimmirror.com

Madhya Pradesh’s Damoh district authorities jumped into action on September 5, 2021 after learning that six minor girls were paraded naked in a village as part of a ritual to appease the ‘Rain God’.

As many as eight people including six women were charged under the Protection of Children from Sexual Offences (POCSO) Act, the Juvenile Justice Act and other charges. Superintendent of Police (SP) D.R. Tenivaar told Sabrang India that while the girls were not forced to participate in the ritual, the administration has taken cognisance of the offence.

However, despite this attention to social evil, Damoh officials are yet to talk about the underlying problem of the drought-like situation in their district.

Deficient rainfall in Bundelkhand region

News reports as early as June have voiced concerns about the possibility of scanty rainfall during the monsoon season. Many districts like Jabalpur, Panna, Balaghat, Hoshangabad, etc. Even the Indian Meteorological Department’s (IMD) district-wise rainfall distribution map shows 16 districts (in red) that suffered from deficient rainfall since June 1.

MP RitualsImage Source: IMD

Worse still are the weekly data points that show the Sidhi district receiving only 17.9 mm actual rainfall as opposed to the 70.9 mm normal rainfall between September 2 and September 8.

MP Rituals

MP RitualsImage Source: IMD

A September 14 report said that rainfall in Damoh remains in the ‘deficient’ category with 3.6 mm actual rainfall when normal rainfall was estimated at 6.3 mm. Between June and September, the area reported 546.7 mm actual rainfall even though the normal rainfall for the monsoon season was estimated to be 974.3 mm. The report places the district at -44 percent rainfall departure – the worst in the east Madhya Pradesh sub-division.

However, according to Damoh District Magistrate S. Krishna Chaitanya there is no cause for worry. “Damoh received 124 cm rain till yesterday. Right now, there is no drought-like situation. The standing crops are also okay,” he said.

When asked about the Baniya village incident, Chaitanya said that the administration has called for a block-wise campaign in the area to raise awareness among people regarding child rights and crimes but he could not state a reason for the organisation of the ritual itself.

“There is a tank near the village which has enough water for irrigation. I do not think there is a problem with drinking water,” he said.

However, his claims stand at odds with news reports voicing grievances of farmers in the region. On September 4, a day before the Baniya-incident, the Times of India reported how Bundelkhand farmers ran tractors over their damaged crops to flatten the land. The report talked about barren patches of land and perplexed farmers, who were unsure about the next step of survival.

Similarly, The Print on July 20, reported how low rainfall had contributed to the fall in soybean – a major contributor in India’s edible oil – acreage. At the time, 35 of the 52 districts reported rain-deficiency. Some districts were up to 70 percent short on rainfall.

Role of state policies to address droughts

The India Water Portal in 2020 wrote about how the Bundelkhand region has a long history of droughts and famines since the Indian famine of 1896–1897. It experienced a major drought every 16 years during the 18th and 19th centuries. By 2016, as many as 46 out of 52 districts in the state were drought-affected.

For a state widely dependent on agriculture and livestock livelihoods, such scarcity of water spelled doom. This is one of the reasons why drought is considered a state policy in Madhya Pradesh.

Accordingly, the state government initiated two flagship programmes, ‘Bundelkhand Special Package for Drought Mitigation’ and ‘Drought Prone Areas Programme’ to address the issue. However, the two policies seldom connect with each other. As a result, there is still no framework to understand and address underlying vulnerabilities of drought or any other extreme climatic event.

Related:

Politics in education or politics of education?
MP High Court bats for prisoners’ right to health, calls for setting up PHCs in prisons

MP: Rain God ritual, a deeper issue than meets the eye

Data from the IMD suggests a trying monsoon for Bundelkhand farmers, with scanty rainfall predicted

MP RitualsImage Courtesy:muslimmirror.com

Madhya Pradesh’s Damoh district authorities jumped into action on September 5, 2021 after learning that six minor girls were paraded naked in a village as part of a ritual to appease the ‘Rain God’.

As many as eight people including six women were charged under the Protection of Children from Sexual Offences (POCSO) Act, the Juvenile Justice Act and other charges. Superintendent of Police (SP) D.R. Tenivaar told Sabrang India that while the girls were not forced to participate in the ritual, the administration has taken cognisance of the offence.

However, despite this attention to social evil, Damoh officials are yet to talk about the underlying problem of the drought-like situation in their district.

Deficient rainfall in Bundelkhand region

News reports as early as June have voiced concerns about the possibility of scanty rainfall during the monsoon season. Many districts like Jabalpur, Panna, Balaghat, Hoshangabad, etc. Even the Indian Meteorological Department’s (IMD) district-wise rainfall distribution map shows 16 districts (in red) that suffered from deficient rainfall since June 1.

MP RitualsImage Source: IMD

Worse still are the weekly data points that show the Sidhi district receiving only 17.9 mm actual rainfall as opposed to the 70.9 mm normal rainfall between September 2 and September 8.

MP Rituals

MP RitualsImage Source: IMD

A September 14 report said that rainfall in Damoh remains in the ‘deficient’ category with 3.6 mm actual rainfall when normal rainfall was estimated at 6.3 mm. Between June and September, the area reported 546.7 mm actual rainfall even though the normal rainfall for the monsoon season was estimated to be 974.3 mm. The report places the district at -44 percent rainfall departure – the worst in the east Madhya Pradesh sub-division.

However, according to Damoh District Magistrate S. Krishna Chaitanya there is no cause for worry. “Damoh received 124 cm rain till yesterday. Right now, there is no drought-like situation. The standing crops are also okay,” he said.

When asked about the Baniya village incident, Chaitanya said that the administration has called for a block-wise campaign in the area to raise awareness among people regarding child rights and crimes but he could not state a reason for the organisation of the ritual itself.

“There is a tank near the village which has enough water for irrigation. I do not think there is a problem with drinking water,” he said.

However, his claims stand at odds with news reports voicing grievances of farmers in the region. On September 4, a day before the Baniya-incident, the Times of India reported how Bundelkhand farmers ran tractors over their damaged crops to flatten the land. The report talked about barren patches of land and perplexed farmers, who were unsure about the next step of survival.

Similarly, The Print on July 20, reported how low rainfall had contributed to the fall in soybean – a major contributor in India’s edible oil – acreage. At the time, 35 of the 52 districts reported rain-deficiency. Some districts were up to 70 percent short on rainfall.

Role of state policies to address droughts

The India Water Portal in 2020 wrote about how the Bundelkhand region has a long history of droughts and famines since the Indian famine of 1896–1897. It experienced a major drought every 16 years during the 18th and 19th centuries. By 2016, as many as 46 out of 52 districts in the state were drought-affected.

For a state widely dependent on agriculture and livestock livelihoods, such scarcity of water spelled doom. This is one of the reasons why drought is considered a state policy in Madhya Pradesh.

Accordingly, the state government initiated two flagship programmes, ‘Bundelkhand Special Package for Drought Mitigation’ and ‘Drought Prone Areas Programme’ to address the issue. However, the two policies seldom connect with each other. As a result, there is still no framework to understand and address underlying vulnerabilities of drought or any other extreme climatic event.

Related:

Politics in education or politics of education?
MP High Court bats for prisoners’ right to health, calls for setting up PHCs in prisons

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Mumbai man rapes woman, tortures her with iron rod

Survivor said to be in critical condition, accused apprehended

11 Sep 2021
rape
 
A 34-year-old woman was brutally raped and left battling for her life in Mumbai on Friday. According to the police, the crime took place in a Tempo in the Sakinaka area of Mumbai and doctors who examined the survivor found that she had been tortured with an iron rod in her private parts. This brings back memories of the Delhi gang rape from December 2013 where a physio therapy student was raped in a similarly brutal manner in a bus.

"At about 3 - 3:30 A.M, the Police Control Room received a call about a man assaulting a woman. Sakinaka police night team reached the spot within her lying in a pool of blood in a Tempo," a police spokesperson told the media. She was rushed to the government run Rajawadi Hospital, where doctors say she is in a critical condition. "The Doctors say she has a lacerated wound involving vagina, perineum and anus," said the police. 
 
The survivor, who is a mother of two minor children, has undergone surgery. However, she has still not regained consciousness and remains critical. "She is unconscious and being treated,” Mumbai mayor Kishori Pednekar told mediapersons today. The National Commission for Women (NCW) has taken cognisance of what is called a "barbaric incident".
 
The accused in the Sakinaka case has been identified as 45-year-old Mohan Chauhan. He was arrested within hours of the crime under IPC sections 307 (attempt to murder) and 376 (rape) and further probe was on. "After admitting the woman to the hospital, we filed an FIR and used CCTV footage and information from a confidential eye witness to track down the accused," said the police. 
 
Related:
 
Another rape and murder in India’s capital city!

Mumbai man rapes woman, tortures her with iron rod

Survivor said to be in critical condition, accused apprehended

rape
 
A 34-year-old woman was brutally raped and left battling for her life in Mumbai on Friday. According to the police, the crime took place in a Tempo in the Sakinaka area of Mumbai and doctors who examined the survivor found that she had been tortured with an iron rod in her private parts. This brings back memories of the Delhi gang rape from December 2013 where a physio therapy student was raped in a similarly brutal manner in a bus.

"At about 3 - 3:30 A.M, the Police Control Room received a call about a man assaulting a woman. Sakinaka police night team reached the spot within her lying in a pool of blood in a Tempo," a police spokesperson told the media. She was rushed to the government run Rajawadi Hospital, where doctors say she is in a critical condition. "The Doctors say she has a lacerated wound involving vagina, perineum and anus," said the police. 
 
The survivor, who is a mother of two minor children, has undergone surgery. However, she has still not regained consciousness and remains critical. "She is unconscious and being treated,” Mumbai mayor Kishori Pednekar told mediapersons today. The National Commission for Women (NCW) has taken cognisance of what is called a "barbaric incident".
 
The accused in the Sakinaka case has been identified as 45-year-old Mohan Chauhan. He was arrested within hours of the crime under IPC sections 307 (attempt to murder) and 376 (rape) and further probe was on. "After admitting the woman to the hospital, we filed an FIR and used CCTV footage and information from a confidential eye witness to track down the accused," said the police. 
 
Related:
 
Another rape and murder in India’s capital city!

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Allegation of rape need not be proved to allow abortion of fetus under MTP Act: MP High Court

The court disagreed with the decision of the single-judge bench where the court had denied permission for abortion despite allegation of rape made by the 19-year-old prosecutrix

09 Sep 2021

AbortionImage Courtesy:livelaw.in

A Division bench of Madhya Pradesh High Court (Gwalior bench) has set aside an order by a single-judge bench denying permission for aborting a fetus after the woman alleged rape.

An intra court appeal was filed against the August 10 order passed by a single-judge bench refusing permission to abort a fetus more than 12 weeks old, but less than 20 weeks old. The division bench of Justices Sheel Nagu and Deepak Kumar Agarwal allowed the termination of the pregnancy and clarified that allegation of rape is sufficient to invoke section 3 of the Medical Termination of Pregnancy (MTP) Act.

Background

In an order passed on August 10, bench of Justice GS Ahluwalia refused to grant permission for abortion of a fetus more than 12 weeks old, observing that the prosecutrix who alleged rape based on a false promise of marriage, knew fully well the pros and cons of her consensual sex with the accused.

The case was that the prosecutrix was in a relationship with the accused for 4-5 years, and he had promised to marry her on the pretext of which they had physical relationship as well. As the prosecutrix was in love with the accused she relied on his promise and they were having consensual sex. When she got pregnant, and the accused was asked to marry her, he refused. The prosecutrix thus came before the court that on the pretext of marriage the accused was having sex with her, and she should be permitted to terminate her pregnancy.

As per section 3 of the Medical Termination of Pregnancy Act, permission for termination of pregnancy  can be given where the pregnancy does not exceed 12 weeks, or does not exceed 20 weeks, and two registered Medical Practitioners are of the opinion that the continuance of the pregnancy would involve a risk to life of a pregnant woman or a grave injury to her physical or mental health or there is a substantial risk that if the child was born, it would suffer from such physical or mental abnormalities as to be seriously handicapped. The explanation 1 to this provision states that - Where any, pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.

The prosecutrix was carrying a fetus of more than 12 weeks and was to be governed by the above-mentioned provision and adjoining explanation. The question the was considered by the court was that whether the sex was consensual or was the consent obtained by misrepresentation of facts.

“The petitioner is a major girl knowing fully well the pros and cons of consensual sex without any precaution. Even the FIR was lodged after it was detected that the petitioner is pregnant… This Court is of the considered opinion that since the petitioner involved herself in a consensual sex knowing fully well about the consequences of such act, and the allegations made in FIR, do not prima facie make out a case of consent obtained by misrepresentation of fact, therefore, under these circumstances, medical termination of pregnancy cannot be permitted,” the court said.

The August 10 order may be read here:

In appeal

The court, in appeal, observed that the prosecutrix was subjected to illicit sexual intercourse by the accused on the false pretext of marriage which will adversely affect the social and mental status of an unmarried girl like the appellant/prosecutrix and her family cannot survive/sustain with dignity in the society peacefully.

The court perused the order passed by the single-judge bench and observed that the court prima facie deemed that the sex was consensual however it failed to consider that whether the promise of marriage was falser from beginning, or was it a case of breach of promise is a fact to be established at trial and the single-judge “ought not to have presumed presence of element of consent as a dissuading factor”.

The court compared the factual matrix of the case to the explanation 1 under section 3 of MTP Act and observed that it is amply clear that the prosecutrix has alleged that she was subjected to rape and the pregnancy arises from the said incident of rape. The explanation clearly states that when a pregnancy is alleged to have been caused by rape, the anguish is presumed to constitute “grave injury to mental health of the woman” which is a valid ground for terminating a pregnancy of less than 20 weeks.

The court added, “Since the period of pregnancy is below 20 weeks and she admittedly is subjected to grave injury to her physical and mental health due to said rape, this Court cannot stand in the way of the prosecutrix in getting her pregnancy aborted/ terminated.”

The court also clarified that under section 3 of MTP Act, if rape is alleged, it is not necessary for the allegation to be proved, which means that the factum of the allegation is sufficient to invoke provisions of section 3 and to allow termination of such pregnancy.

The court thus allowed termination of pregnancy if consent is expressly given and her physical condition is conducive for the same.

The August 28 order may be read here:

Related:

Another rape and murder in India’s capital city!
Karnataka Home minister blames Mysuru rape survivor, apologises after outrage
Medical Termination of Pregnancy Act Failing Women Who Need It The Most

Allegation of rape need not be proved to allow abortion of fetus under MTP Act: MP High Court

The court disagreed with the decision of the single-judge bench where the court had denied permission for abortion despite allegation of rape made by the 19-year-old prosecutrix

AbortionImage Courtesy:livelaw.in

A Division bench of Madhya Pradesh High Court (Gwalior bench) has set aside an order by a single-judge bench denying permission for aborting a fetus after the woman alleged rape.

An intra court appeal was filed against the August 10 order passed by a single-judge bench refusing permission to abort a fetus more than 12 weeks old, but less than 20 weeks old. The division bench of Justices Sheel Nagu and Deepak Kumar Agarwal allowed the termination of the pregnancy and clarified that allegation of rape is sufficient to invoke section 3 of the Medical Termination of Pregnancy (MTP) Act.

Background

In an order passed on August 10, bench of Justice GS Ahluwalia refused to grant permission for abortion of a fetus more than 12 weeks old, observing that the prosecutrix who alleged rape based on a false promise of marriage, knew fully well the pros and cons of her consensual sex with the accused.

The case was that the prosecutrix was in a relationship with the accused for 4-5 years, and he had promised to marry her on the pretext of which they had physical relationship as well. As the prosecutrix was in love with the accused she relied on his promise and they were having consensual sex. When she got pregnant, and the accused was asked to marry her, he refused. The prosecutrix thus came before the court that on the pretext of marriage the accused was having sex with her, and she should be permitted to terminate her pregnancy.

As per section 3 of the Medical Termination of Pregnancy Act, permission for termination of pregnancy  can be given where the pregnancy does not exceed 12 weeks, or does not exceed 20 weeks, and two registered Medical Practitioners are of the opinion that the continuance of the pregnancy would involve a risk to life of a pregnant woman or a grave injury to her physical or mental health or there is a substantial risk that if the child was born, it would suffer from such physical or mental abnormalities as to be seriously handicapped. The explanation 1 to this provision states that - Where any, pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.

The prosecutrix was carrying a fetus of more than 12 weeks and was to be governed by the above-mentioned provision and adjoining explanation. The question the was considered by the court was that whether the sex was consensual or was the consent obtained by misrepresentation of facts.

“The petitioner is a major girl knowing fully well the pros and cons of consensual sex without any precaution. Even the FIR was lodged after it was detected that the petitioner is pregnant… This Court is of the considered opinion that since the petitioner involved herself in a consensual sex knowing fully well about the consequences of such act, and the allegations made in FIR, do not prima facie make out a case of consent obtained by misrepresentation of fact, therefore, under these circumstances, medical termination of pregnancy cannot be permitted,” the court said.

The August 10 order may be read here:

In appeal

The court, in appeal, observed that the prosecutrix was subjected to illicit sexual intercourse by the accused on the false pretext of marriage which will adversely affect the social and mental status of an unmarried girl like the appellant/prosecutrix and her family cannot survive/sustain with dignity in the society peacefully.

The court perused the order passed by the single-judge bench and observed that the court prima facie deemed that the sex was consensual however it failed to consider that whether the promise of marriage was falser from beginning, or was it a case of breach of promise is a fact to be established at trial and the single-judge “ought not to have presumed presence of element of consent as a dissuading factor”.

The court compared the factual matrix of the case to the explanation 1 under section 3 of MTP Act and observed that it is amply clear that the prosecutrix has alleged that she was subjected to rape and the pregnancy arises from the said incident of rape. The explanation clearly states that when a pregnancy is alleged to have been caused by rape, the anguish is presumed to constitute “grave injury to mental health of the woman” which is a valid ground for terminating a pregnancy of less than 20 weeks.

The court added, “Since the period of pregnancy is below 20 weeks and she admittedly is subjected to grave injury to her physical and mental health due to said rape, this Court cannot stand in the way of the prosecutrix in getting her pregnancy aborted/ terminated.”

The court also clarified that under section 3 of MTP Act, if rape is alleged, it is not necessary for the allegation to be proved, which means that the factum of the allegation is sufficient to invoke provisions of section 3 and to allow termination of such pregnancy.

The court thus allowed termination of pregnancy if consent is expressly given and her physical condition is conducive for the same.

The August 28 order may be read here:

Related:

Another rape and murder in India’s capital city!
Karnataka Home minister blames Mysuru rape survivor, apologises after outrage
Medical Termination of Pregnancy Act Failing Women Who Need It The Most

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Another rape and murder in India’s capital city!

Since September 4, citizens have voiced their rage against the brutal murder and sexual assault of a 21-year-old woman in Delhi

06 Sep 2021

rapeImage courtesy: Meharbaan

Enraged Shaheen Bagh protesters marched on the streets with candles in their hand on September 5, 2021 demanding justice for the alleged sexual assault and murder of a 21-year-old civil defence officer.

According to SheThePeople, the woman’s body was found brutally mutilated on August 27 by family members. The accused, Nizamuddin, surrendered to the Kalindi Kunj police station in New Delhi, and claimed that he was the woman’s husband. Nizamuddin told the police that the two married in secret without the woman’s family’s consent. Later, he accused her of being involved with another person and stabbed her during the ensuing argument.

The 21-year-old had joined the defence force four months before the incident. She was returning from work in Lajpat Nagar when Nizamuddin allegedly kidnapped her. She was allegedly killed in Surajkund, Haryana. The Station house officer (SHO) of the concerned region states a fair investigation was conducted.

However, the family rejected these claims and said that two of their daughter’s colleagues were involved in the crime. Members said that while looking for the woman, they also approached the Collector but received no help. Her parents have demanded a CBI investigation into the case.

ImageImage courtesy: Meharbaan

Regardless, the news of the officer’s death has sparked widespread outrage, not just on the ground, but also on social media. Hashtags demanding justice for the crime are circulating on Twitter, Facebook and other virtual platforms.

Citizens carried out a candle march in Telangana’s Kamareddy district. Similarly, Campus Front of India in Sikar district of Rajasthan and the SDPI party from the same state also protested and demanded justice for the heinous crime. Slogans of “We are ashamed, your murderers are alive” are being chanted on social media and physical protests alike, as shown by regional news media.

This is the second consecutive month when a heinous crime of sexual assault took place in Haryana and third such incident near India’s capital city. Yet the news of her death has not received mainstream media’s attention. Protests continue at the ground-level to demand justice for the victim’s family.

Related:

Gurugram police set up SIT, 14 days after alleged rape and murder of 13 year old girl

Delhi: Women’s group calls upon media to cover the ire of Nangal villagers

And now, Hathras-like horror in Delhi!

Hathras case: Victim’s family and lawyers threatened inside court premises

Another rape and murder in India’s capital city!

Since September 4, citizens have voiced their rage against the brutal murder and sexual assault of a 21-year-old woman in Delhi

rapeImage courtesy: Meharbaan

Enraged Shaheen Bagh protesters marched on the streets with candles in their hand on September 5, 2021 demanding justice for the alleged sexual assault and murder of a 21-year-old civil defence officer.

According to SheThePeople, the woman’s body was found brutally mutilated on August 27 by family members. The accused, Nizamuddin, surrendered to the Kalindi Kunj police station in New Delhi, and claimed that he was the woman’s husband. Nizamuddin told the police that the two married in secret without the woman’s family’s consent. Later, he accused her of being involved with another person and stabbed her during the ensuing argument.

The 21-year-old had joined the defence force four months before the incident. She was returning from work in Lajpat Nagar when Nizamuddin allegedly kidnapped her. She was allegedly killed in Surajkund, Haryana. The Station house officer (SHO) of the concerned region states a fair investigation was conducted.

However, the family rejected these claims and said that two of their daughter’s colleagues were involved in the crime. Members said that while looking for the woman, they also approached the Collector but received no help. Her parents have demanded a CBI investigation into the case.

ImageImage courtesy: Meharbaan

Regardless, the news of the officer’s death has sparked widespread outrage, not just on the ground, but also on social media. Hashtags demanding justice for the crime are circulating on Twitter, Facebook and other virtual platforms.

Citizens carried out a candle march in Telangana’s Kamareddy district. Similarly, Campus Front of India in Sikar district of Rajasthan and the SDPI party from the same state also protested and demanded justice for the heinous crime. Slogans of “We are ashamed, your murderers are alive” are being chanted on social media and physical protests alike, as shown by regional news media.

This is the second consecutive month when a heinous crime of sexual assault took place in Haryana and third such incident near India’s capital city. Yet the news of her death has not received mainstream media’s attention. Protests continue at the ground-level to demand justice for the victim’s family.

Related:

Gurugram police set up SIT, 14 days after alleged rape and murder of 13 year old girl

Delhi: Women’s group calls upon media to cover the ire of Nangal villagers

And now, Hathras-like horror in Delhi!

Hathras case: Victim’s family and lawyers threatened inside court premises

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Indore: Muslim bangle seller beaten by mob, denied bail in molestation case

The Sessions Court denied him bail on the ground that he resides outside Indore and investigation is still going on

03 Sep 2021

MolestationImage Courtesy:freepressjournal.in

Tasleem, a Muslim bangle seller, who was mercilessly beaten up publicly for his religious identity in Indore recently, has now been denied bail in connection with a case of alleged molestation. 

He was arrested on the complaint of the Class VI student who stated that the man introduced himself as Golu son of Mohar Singh (instead of Tasleem Ali) and molested her while her mother had gone inside the house to get money to pay for the bangles purchased.

A case was registered against him under sections 354 (Assault or criminal force to woman with intent to outrage her modesty), 354A (Sexual harassment and punishment for sexual harassment), 467 (Forgery of a valuable security), 468 (forgery for purpose of cheating), 471 (Using as genuine a forged), 420 (cheating) and 506 (criminal intimidation) of IPC as well as under Protection of Children from Sexual Offences (POCSO) Act.

The counsel for the applicant submitted that the charges against Tasleem were false and that he was beaten up by the complainant’s father and others from the crowd. He also stated that when Tasleem went to lodge his complaint at first instance, no FIR was lodged and thereafter this case of molestation was lodged against him as an afterthought.

The court denied him bail keeping in mind the grave allegations against the applicant and that investigation is still going on. Moreover, the applicant resides outside of Indore.

Background

The video clip of Tasleem being beaten up by a mob was widely circulated on social media. In the video, it can be seen that someone is tugging at the victim’s shirt and other men are emptying his bag full of bangles he meant to sell to find out what he is carrying in his bag. After discovering that the bags only contained multiple packs of bangles, the man calls out to women in the market and asks them to come and pick up as many bangles as they want. 

He also warned the victim not come back to the area, or be seen in any Hindu locality hence forth. 

Throughout the video, other men continue to hit him and assault him. The youth is constantly joining his hands and begging them to let him go as the mob continues to threaten him and his religious identity. The men then started encouraging more and more people from the crowd gathered to hit the youth and people even come up and beat him black and blue, kicking him, slapping him. The men are then seen pulling his pants looking for money and his ID card. One of the men can even be heard saying that don’t hit in a manner that would leave a mark or visible injury.

Tasleem’s complaint was finally lodged after a crowd gathered outside the police station that a case be registered.

The order may be read here:

Related:

Hate Watch: Muslim bangle seller thrashed, wares looted in Indore
Serial hate crimes against Muslims spiral, first MP, now Rajasthan
Allahabad HC questions if state funds to madrasas is consistent with India’s secular scheme

Indore: Muslim bangle seller beaten by mob, denied bail in molestation case

The Sessions Court denied him bail on the ground that he resides outside Indore and investigation is still going on

MolestationImage Courtesy:freepressjournal.in

Tasleem, a Muslim bangle seller, who was mercilessly beaten up publicly for his religious identity in Indore recently, has now been denied bail in connection with a case of alleged molestation. 

He was arrested on the complaint of the Class VI student who stated that the man introduced himself as Golu son of Mohar Singh (instead of Tasleem Ali) and molested her while her mother had gone inside the house to get money to pay for the bangles purchased.

A case was registered against him under sections 354 (Assault or criminal force to woman with intent to outrage her modesty), 354A (Sexual harassment and punishment for sexual harassment), 467 (Forgery of a valuable security), 468 (forgery for purpose of cheating), 471 (Using as genuine a forged), 420 (cheating) and 506 (criminal intimidation) of IPC as well as under Protection of Children from Sexual Offences (POCSO) Act.

The counsel for the applicant submitted that the charges against Tasleem were false and that he was beaten up by the complainant’s father and others from the crowd. He also stated that when Tasleem went to lodge his complaint at first instance, no FIR was lodged and thereafter this case of molestation was lodged against him as an afterthought.

The court denied him bail keeping in mind the grave allegations against the applicant and that investigation is still going on. Moreover, the applicant resides outside of Indore.

Background

The video clip of Tasleem being beaten up by a mob was widely circulated on social media. In the video, it can be seen that someone is tugging at the victim’s shirt and other men are emptying his bag full of bangles he meant to sell to find out what he is carrying in his bag. After discovering that the bags only contained multiple packs of bangles, the man calls out to women in the market and asks them to come and pick up as many bangles as they want. 

He also warned the victim not come back to the area, or be seen in any Hindu locality hence forth. 

Throughout the video, other men continue to hit him and assault him. The youth is constantly joining his hands and begging them to let him go as the mob continues to threaten him and his religious identity. The men then started encouraging more and more people from the crowd gathered to hit the youth and people even come up and beat him black and blue, kicking him, slapping him. The men are then seen pulling his pants looking for money and his ID card. One of the men can even be heard saying that don’t hit in a manner that would leave a mark or visible injury.

Tasleem’s complaint was finally lodged after a crowd gathered outside the police station that a case be registered.

The order may be read here:

Related:

Hate Watch: Muslim bangle seller thrashed, wares looted in Indore
Serial hate crimes against Muslims spiral, first MP, now Rajasthan
Allahabad HC questions if state funds to madrasas is consistent with India’s secular scheme

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