Ban the Two-Finger Test in rape trials

The 2010 Human Rights Watch report ‘Dignity on Trial’ collated judgments, medical opinions and interviews with experts to recommend to the government that the two-finger test should be scrapped.

Reuters

Delhi: The cries for freedom and justice are resounding surely and loudly in the national capital since the tragic death of the 23-year-old who was gang raped and brutally assaulted in a moving bus on the evening of December 16, 2012. There is a surging hope that the three-member Justice Verma Committee constituted to recommend provisions to amend the rape law will do justice to these calls.

An advertisement announced to the public that they are welcome to send their responses to the Committee by January 5, 2013, on issues relating to “extreme sexual assault” and questions of stricter punishment. Amidst televised debates on castration and death penalty, there are many who are furiously at work, detailing major and minor reforms in the laws, courts, city planning and governance that can be put in place, even though it is unclear whether or not these constitute the terms of reference of the said Committee. Women’s groups and feminist lawyers have been rather philosophical about being denied the chance to appear before the Committee to determine how the law should craft a just law. Indeed, everyone is optimistic that this time radical change will at long last happen.

The government, however, does not need a Committee to remind it of several submissions to get rid of the colonial, sexist and violent practice of the two-finger test. There is no law, which says that doctors must insert two fingers (sometimes more, some even quibble about the size of the fingers in our courts) in the vagina to figure out whether the hymen is distensible or not. This then leads to the inference that the rape survivor is habituated to sex, introducing past sexual history into rape trials. Past sexual history was disallowed in rape trials since 2003. However, the two-finger test, by medicalising consent, allows past sexual history of the raped survivor to prejudice her testimony.

This is true even in cases of aggravated rape where the burden of proof is reversed. An analysis of judgments pertaining to gang rape and other instances of aggravated rape shows that there is an increased reliance on the findings of the two-finger test since the burden of proof is reversed and the onus is on the accused to prove consensual sex.

The 2010 Human Rights Watch report ‘Dignity on Trial’ collated judgments, medical opinions and interviews with experts to recommend to the government that the two-finger test should be scrapped. This report makes several excellent suggestions about how the medical protocols need to be changed in order to move towards a therapeutic jurisprudence, which would extend care and empathy to the rape survivor rather than blame and stigma.

It is not too hard for the government to get its home and health ministries together to set up a panel of experts to look at the relevance of the two-finger test as evidence. There is no scientific basis to this test, since no doctor can determine whether or not a woman has a sexual history, unless she chooses to narrate her sexual biography.

Women may not have hymens due to a number of reasons other than sex outside or within marriage. Women may masturbate, have sex with other women and/or men, or be celibate. So how does the two-finger test determine this personal history? And how is it relevant to determining whether or not a woman is sexually assaulted?

The origins of the two-finger test may be traced back to a French medical jurist, L. Thoinot, who believed that there are true and false virgins. Women with intact hymens could also be habituated since some women have elastic hymens. Not wanting to be fooled by such devious hymens, Thoinot advised medical students to insert a pipette, a cone or two fingers into the vagina. This, he believed, mimicked an erect penis. This was in 1898.

Jaising P. Modi’s medical jurisprudence textbooks almost verbatim quote these passages from Thoinot (1911 translation in English) until 2010. For instance, several editions of Modi plagiarise Thoinot almost verbatim. The two-finger test finds repetition in every other medico-legal textbook. These textbooks are used in courtrooms to discredit the survivor: “oh, she is habituated, she is lying about rape” is a common refrain in trial courts.

Or defence lawyers use such textbooks during trials to humiliate rape survivors: to ask them how long they were penetrated, how much and how did they know whether they were penetrated. They ask: did the accuse ejaculate, where did the semen fall and how was it complete penetration, if the victim did not care to notice where the semen fell? As if it matters to you when you are being raped how much penetration or ejaculation is enough, for the law!

If rape survivors experience rape trials as a pornographic spectacle, it is not only the fault of the judiciary — after all the ministries of Home and Health can change the medical protocol.

To treat sexual violence as a public health concern, we do not need judicial reform. We need political will. Can we please shift focus from whether or not to castrate and how to castrate (which incidentally is defined as torture in international law and can only be implemented as a voluntary medical program)? Is it possible for 24/7 television anchors, who dismiss activists making this demand by saying “oh, that’s ok”, to please not be “ok” about this?

Is it possible to campaign to get rid of colonial and misogynist practices of subjecting survivors to the obnoxious two-finger test? Surely women, children and men (yes, they too are subjected to this test under Section 377) do not deserve to be subjected to the violence of re-rape under the guise of medicine? We do not want to wait for the esteemed Committee to give us ‘azadi’ (freedom) from this violent practice. We demand that the government  ban this test today.

(Pratiksha Baxi , the writer is Assistant Professor, Centre for the Study of Law and Governance, JNU. Her forthcoming book, ‘Public Secrets of Law: Rape Trials in India’ will be published by OUP in 2013.)

Source: http://news.in.msn.com/her_courage/ban-the-two-finger-test-in-rape-trials

Help girls given away by parents as collateral for loan

Written by Uma Sudhir | Updated: March 16, 2013 16:17 IST

Ads by Google

LIC Life Insurance Plans – Invest Rs.543/Month & Get Rs. 1 Cr. Life Cover+Medical Benefit. Buy Now

LIC.TermInsuranceIndia.co.in

Hyderabad: When children become the currency to repay a loan, something must be terribly, terribly wrong. Three months ago, a 13-year-old girl and her six-year-old sister, the first and third among five girl children, were left at the house of a man from whom their parents had borrowed Rs. 34,000 nine months ago. They were unable to repay, so they gave the children in exchange, as surety, till such time that they would try and get the money.

"My mother gave me Rs. 20 and said they would come and take us later," said the teenager. She and her younger sister have been at the home of an ironsmith in Mahatipur village in Karimnagar district, where they worked like bonded labour for the ironsmith.

Villagers who noticed the children being badly abused complained to the police. The teenager has told the cops that she was sexually abused by the ironsmith when his wife was away.

Most Recent

• Man gets ten years jail for raping sister-in-law
• Libyan Embassy in Cairo suspends work

Also See

• 

  7:20
  In Andhra Pradesh, desperate farmers sell their kidneys to repay debts
• 

  2:47
  Dozens of child labourers rescued from Bangalore

The ironsmith admits the parents left the children with him because they could not repay the loan that now amounts to Rs.45,000. He, however, denies sexually exploiting the child.

"I looked after them like my own children. They are saying wrong things. The parents said they were not able to repay the money. So I should keep the children till then," he says.

A case of wrongful confinement, outraging modesty and under the Bonded Labour Act has been filed. The children have been handed over to the child welfare committee. They will now be taken to a government-run child welfare school-cum-hostel in Karimnagar. The parents of the girls are being contacted.

HOW YOU CAN HELP 
If you want to help the two girls, you can send cheques or demand drafts in the name of:
 
Meena and Uma (C/O District Collector, Karimnagar District)
Bank Name: State Bank of Hyderabad, Pragati Bhavan branch, Nizamabad 
Account Number:  62275464627 
Address: Pragati Bhavan, Ntr X Roads, Nizamabad-503102

FOR ONLINE TRANSACTIONS:
IFSC Code: SBHY0020961
MICR Code: 503004005
Branch Code: 020961

(Since the girls are minors, the amount will be released when they reach the age of 18 years, along with interest accrued.)

Source Note: This information has been provided / published on a good faith basis, without any commercial motive. NDTV does not vouch for the authenticity of the claims made by the intending donee, nor can we guarantee that the donations made by a donor will be used for the purpose as stated by the intending donee. You are requested to independently verify the contact information and other details before making a donation. NDTV and/or its employees will not be responsible for the same.

Swiss Woman Gangraped in MP, 20 Detained

Madhya Pradesh, DATIA (MP) | MAR 16, 2013: 

• Rs 109 Limited Time Domain Sale Register Your Domain Now!

  in.GoDaddy.com

A Swiss female tourist on a cycling trip with her husband was gangraped by seven to eight people at a forest area in Datia district of Madhya Pradesh, police said today. Twenty people have been detained on the basis of suspicion and are being questioned in connection with the incident, DIG(Chambal range) D K Arya told PTI.

A rape case has been registered, police said, adding that seven to eight unidentified persons were involved in the crime. No arrest has been made so far. The incident took place at Jharia village, eight km near Datia town, at around 9pm last night when the 39-year-old woman along with her husband was touring the region on a bicycle as part of their India tour.

The couple--who are adventure tourists-- was camping at a forest area for the night while on their way back from Orchha, home to temples of Lord Ram, and were proceeding to Agra when they were attacked.

The woman was allegedly gangraped in the presence of her husband, police said.

The victim was rushed to Gwalior, about 100 km from here, and her medical tests in a hospital have confirmed rape, police sources said. 

"They (the couple) were coming from Orchha on a bicycle and they decided to stay in a forest. A lot of tourists throng the area. They were beaten up by a few people who took away their laptops," said M L Dhody, a Sub-Divisional police officer.

"We are scouring the forest area in search of those involved in the crime," Datia SP C S Solanki told PTI.

The Chairperson of National Commission for Women Mamta Sharma said the MP government should take the incident very seriously and demanded strictest punishment to the culprits.

Leader of Opposition in MP Assembly Ajay Singh said the incident was a "blot" on the BJP government's name and also put the state in poor light abroad.

Source: http://news.outlookindia.com/items.aspx?artid=792566

Molested UP girl dies in Delhi hospital

IANS | Mar 16, 2013, 12.12 PM IST

Molested UP girl dies in Delhi hospital

LUCKNOW: A 15-year-old girl who had set herself on fire after being sexually harassed by a boy in Uttar Pradesh's Moradabad town died at a Delhi hospital Saturday, police said. 

The girl died at Safdarjung Hospital after infection spread to her vital organs owing to the burn injuries. 

Senior Superintendent of Police Neelabjo Chowdhary told IANS over telephone that a complaint was registered by the victim March 11 and three people were arrested the next day. 

Chowdhary said now an additional charge of abetment to suicide would be slapped against the accused. 

The girl had accused a neighbour, Danish, of harassing her. But pressure was mounted on her family to withdraw the complaint. 

Taken aback by the developments and hurt by the pressure on her family, the frustrated girl doused herself with kerosene and set herself on fire in Moradabad, some 160 km from New Delhi, police said.

Source: http://timesofindia.indiatimes.com/city/lucknow/Molested-UP-girl-dies-in-Delhi-hospital/articleshow/19002318.cms

Freed in rape case, man seeks damages

ByAbhinav Garg, TNN | Mar 16, 2013, 03.34 AM IST

NEW DELHI: Even as he petitions the Supreme Court for "return of dignity", the man acquitted in the Mayapuri rape case is pursuing a suit in the Delhi high court, where he has demanded around Rs 5 crore as compensation. 

Niranjan Kumar Mandal was acquitted in the Mayapuri rape case by a trial court but was again picked up by the police as a suspect in the 2010 Dhaula Kuan gangrape case. He was later released on the direction of the high court after his wife filed a petition saying her husband was arrested despite the fact that the police were clueless in the case. 

Mandal wants the SC to aid in his rehabilitation so that he can lead a normal life. 

In the compensation suit, which he filed in HC in 2011, Mandal alleged he was framed by the police in the Mayapuri gang rape case. He arraigned the state government, the police commissioner and Om Wati, the then SHO of Hari Nagar police station, as respondents. He sought a CBI inquiry into his framing and subsequent custodial torture in the case. The case is now before a joint registrar's court. 

Seeking Rs 10 lakh as interim compensation, Mandal told HC that he was forced to leave Delhi after his release as he feared that the police might kill him in a fake encounter to suppress the truth. He also claimed he was picked up by the police on the pretext of questioning and was later tortured in the lock-up. The police in its reply rebutted the allegations claiming these are a "figment of Mandal's imagination". Seeking dismissal of his suit, Delhi Police argued that Mandal was acquitted by the trial court as he got 'benefit of doubt' and was arrested on basis of evidence that was "enough to show his involvement" in the rape case. Through government counsel Anjum Javed, the police maintained they have no "personal grudge" against Mandal but were only investigating the case as per their official duty. 

Source: http://timesofindia.indiatimes.com/city/delhi/Freed-in-rape-case-man-seeks-damages/articleshow/18998296.cms

Anti-Rape Bill: BJP to Make Its Stand Clear on Mar 18

New Delhi: BJP today said it favours a strong anti-rape law but has certain reservations on some of the clauses in the Bill cleared by the Cabinet and will voice them in the all-party meeting here on March 18.

"BJP agrees with most issues stated in the Bill and would like it to be passed. But some sections in the party have reservations on decreasing the age of consent from 18 to 16 years. We will take a final call on these issues after discussing it in the party," a senior party leader said.

Party sources said there is concern that decreasing the age of consent is uncalled for as the minimum age for marriage is 18 years. BJP's core votebank as well as a majority of its leadership is traditional in its thinking and has conservative views on issues like pre-marital sex, they said.

"Decreasing the age of consent may antagonise some of our voters and that need not be tampered with," the party leader said.

The main opposition is not coming out openly with its views and maintains that it will voice them in the all-party meeting after intra-party confabulations.

"The provisions on which there is a consensus can be passed as part of the Bill. A Standing Committee can look at the contentious issues and an amendment can be passed later," another party leader said.

In the currently charged atmosphere prevailing in the country in the aftermath of the Delhi gangrape incident, BJP wants the anti-rape Bill to be passed before the ordinance lapses on April four.

"We are in favour of strong anti-rape Bill. We want the strongest possible punishment for the perpetrators of such crime," BJP leader Venkaiah Naidu told reporters outside Parliament.

"The government for its own reasons first acted in haste and then issued an ordinance and now they want to make changes in the ordinance," he said, adding that the on-going consultations should have taken place earlier.

Source: http://news.outlookindia.com/items.aspx?artid=792512

Bihar to train one million schoolgirls in martial arts

Indo-Asian News Service Friday, 15 March 2013 18:47

Patna: The Bihar government has decided to train one million schoolgirls in karate so that they can use the martial art to protect themselves from sexual harassment, an official said on Friday.

"Martial art training (karate) will be given to 10 lakh schoolgirls in 20,000 middle schools across the state," Rahul Singh, the director of the Bihar Education Project Council, said.

The programme will be undertaken as part of the National Programme of Education for Girls at Elementary Level, and reach 10 lakh girls by 2014.

"At present, 1,500 girl students of 150 middle schools are being given martial art training," he said. Bihar Chief Minister Nitish Kumar has repeatedly said in the last few months that girls should learn martial arts like judo, karate and taekwondo. These skills are necessary for physical strength and greater alertness, and would enable girls to defend themselves in case they were harassed by men, the chief minister maintains.

"Martial art training is a must for girls. It would work as a deterrent to molesters," the chief minister said last month.

Last week, Nitish Kumar announced that 10 lakh self-help groups (SHGs) for women would be formed in the state over the next five years. He said these would help women become economically more independent.

The Bihar government was the first in the country to provide 50 per cent reservation to women in civic bodies, including gram panchayats.

The government, in 2007, launched an ambitious scheme to provide cycles to schoolgirls, in a bid to encourage them not to drop out of school and finish their education, even if schools were some distance away from their homes.

Source: http://www.newsbullet.in/india/34-more/40347-bihar-to-train-1-mn-girls-in-martial-arts

Cabinet Clears Anti-Rape Bill

NEW DELHI: Amid the government's keenness to enact a tough law to tackle crimes against women, the Union Cabinet today cleared a bill providing for stringent punishment for rape, acid attack, stalking and voyeurism besides reducing the age of consent for sex to 16 years.

The approval of the Cabinet paves the way for introduction of the Criminal Law (Amendment) Bill, 2013 in Parliament before it goes into recess on March 22, which is necessary as it will have to replace an Ordinance which will expire on April four.

The bill, brought against the backdrop of the December 16 Delhi gangrape, provides for minimum jail term of 20 years for rape which may be extended to 'natural life' of the convict in jail or even death if the victim dies or is left in a 'persistent vegetative state'

The bill also provides for lowering the age of consent for sex from 18 to 16 years, one of the contentious provisions which held up the proposed legislation briefly and had to be referred to a Group of Ministers for consensus.

The Ordinance had maintained the consent age as 18 years.

The bill also uses the term 'rape' which will be gender- specific, in contrast to the gender-neutral 'sexual assault' as proposed in the ordinance. This means only men can be booked for the crime.

Stalking and voyeurism have been defined as criminal offences in the bill. Sustained stalking will be a non- bailable offence.

The bill had divided the Cabinet at its special meeting on Tuesday and was referred to a GoM to sort out differences on various aspects of the proposed law.

The GoM finalised the draft yesterday amidst the government's keenness to expedite the bill that will replace an ordinance promulgated on February 3.

The measure, on the lines of the ordinance, has not touched on the issue of making marital rape a separate offence.

Against the backdrop of parties like the Samajwadi Party having serious reservations on certain provisions of the ordinance claiming they are prone to misuse, the government has convened an all-party meeting next week to discuss the bill cleared by the Cabinet today.

Source: http://news.outlookindia.com/items.aspx?artid=792421

Cabinet divided on anti-rape draft law

NEW DELHI, March 12, 2013

PTIWomen protesting against the gang-rape of the physiotherapy student in a running bus last December, in New Delhi. File photo

GoM to place amended version tomorrow, all-party meet to vet it on March 18

The draft law to deal with crimes against women ran into rough weather on Tuesday when the Union Cabinet met specially to consider it, and an influential section — largely lawyers — said some of its provisions were too draconian. An amended version, being put together by a Group of Ministers headed by Finance Minister P. Chidambaram will be placed before the Cabinet again on Thursday before it is vetted at an all-party meeting on March 18.

The UPA government, official sources said, still hoped it would be able to bring in The Criminal Law (Amendment) Bill, 2013 to replace the Criminal Law (Amendment) Ordinance of February 3, before Parliament on March 19 and pass it by March 22, when the first half of the current session ends. Ministerial sources said Prime Minister Manmohan Singh emphasised to his Cabinet colleagues on Tuesday the need to pass the Bill expeditiously, as the ordinance would lapse on April 4.

Emerging from the first meeting of the GoM (set up immediately after Tuesday morning’s deliberations), Mr. Chidambaram told journalists that work on the anti-rape law had been “completed substantially” and that “another hour or so” was required to finalise the draft.

The next sitting would be on Wednesday evening, he added, saying all points of view had been taken for some Sections and the same process would be followed for the remaining Sections. The Cabinet would then consider it on Thursday. His colleagues on the GoM include Home Minister Sushilkumar Shinde, Law Minister Ashwani Kumar, Telecom Minister Kapil Sibal, Social Justice Minister Kumari Selja, and Women and Child Development Minister Krishna Tirath.

Sources in the government said the differences largely dealt with the provisions on stalking, voyeurism, on whether to lower the age of consensual sex from 18 to 16, on the advisability of replacing the word “rape” with the broader, gender neutral term “sexual assault” and whether there should be a stronger penalty for those who made a “malicious” complaint, defined as one that is not ultimately proved.

Mr. Ashwani Kumar, the sources said, took the lead in insisting on adequate “safeguards” being inserted in the Bill to ensure that the law was not used to settle scores. In this he had the support of the other legal luminaries in the government and the Nationalist Congress Party’s Praful Patel.

In the current draft, for instance, both stalking and voyeurism were non-bailable offences, and so one suggestion was to have a pre-investigation before a First Information Report was filed.

The question of reducing the age of consent from 18 to 16 saw even women Cabinet Ministers disagreeing — while Tourism Minister Chandresh Kumari said it should be lowered to 16, Ms. Tirath wanted it to remain 18. A ministerial source said the debate on this revolved round those who said lowering the age would only reflect current social realities, while others pointed out that through untouchability was outlawed, it was still being practised.

Petroleum Minister M. Veerappa Moily apparently was one of the few opposed to tougher punishments for “malicious” complaints, saying that would deter women from coming forward with instances of sexual harassment.

Source:http://www.thehindu.com/news/national/cabinet-divided-on-antirape-draft-law/article4500256.ece?homepage=true

Rape behind prison bars

First Published: Tue, Mar 12 2013. 07 50 PM IST

It is a common practice for undertrials accused of rape to be brutally sodomized as a welcome to the prison party

Indian police men and media persons stand outside the Tihar Jail in New Delhi on Monday. Photo: AP

The Indian government has been struggling to come up with a draft of an anti-rape law following the brutal gang rape and resulting death of a young woman in Delhi last December. While the Justice Verma committee report was concluded in record time with recommendations on amending India’s archaic rape laws, differences in views about issues like whether the age of consent should be 16 instead of 18 and whether marital rape is to be recognized as a crime are preventing the clearing of the law.

It is clear that the ruling Congress party is gearing up to make itself attractive to women in time for elections next year. The creation of an all-women bank in the budget this year is one such move. The rape law was meant to be cleared on Tuesday but that has not happened. In the meantime, Ram Singh, one of the accused in the Delhi rape case, was found hanging in his cell on Monday.

The Hindu reported that Singh’s father, Mangelal, alleged that his son had been sodomized inside the jail. So was Ram Singh raped and murdered? Serves him right? Many probably hold the view that Singh got what he deserved and good riddance to someone as evil as him. A number of metaphors like, “as you sow, so shall you reap” will be used to deal with and close the matter.

However, it is worth examining the issue of sexual assault and rape of men in judicial custody by fellow inmates and prison staff. Convicted prisoners and those in custody awaiting trials are at risk all over the world of being sexually assaulted and raped.

The Prison Rape Elimination Act (PREA) was passed by President George W. Bush in 2003 in an effort to address this widespread human rights problem. As part of this Act, the Bureau of Justice Statistics (BJS) is to carry out comprehensive statistical review and analysis each year about the incidents of rape in all holding facilities. In the year 2012, nearly one in 10 prisoners reported being raped or sexually assaulted in the US while in custody. Often it is the physically weak, young, gay or those who have been convicted of sexual offences against minors who are targeted.

The Human Rights Law Network in Delhi is one organization that works on prisoners’ rights. They receive letters from prisoners alleging torture and negligence from around India. I learn that it is a common practice for any undertrial accused of rape to be brutally sodomized as a welcome to the prison party.

Given the outrage and the publicity that the Delhi gang rape received, there is no doubt that the accused were at risk for all kinds of abuse while in custody awaiting their trial in addition to the possibility of taking their own lives. Yet Singh is alleged to have hung himself with his clothes and strings from his mattress even as three of his cell mates slept through it all.

Being raped and beaten in jail while awaiting trial is not the kind of justice that anybody deserves in a democratic country—however heinous the crime committed by the prisoner. India has failed miserably in this regard by allowing this incident to occur. Perhaps a way to redeem itself is to work in provisions dealing with prison rape in the pending anti-rape law.

Source: http://www.livemint.com/Opinion/BzOQYSLEsQ9YrXmcbipwrN/Rape-behind-prison-bars.html

Anti-rape Bill deferred second time in six days, referred to group of ministers

ByVishwa Mohan, TNN | Mar 12, 2013, 11.10 AM IST

NEW DELHI: Differences of opinion over the draft Criminal Law (Amendment) Bill - seeking to reintroduce the word 'rape' instead of 'sexual assault' in the anti-rape law and lower the age of consensual sex from 18 to 16 — forced the government to defer it again on Tuesday, second time in six days. 

Anti-rape bill deferred second time in six days, referred to GoM

The special cabinet, called to discuss the issue, referred the Bill to the empowered group of ministers (EGoM) to sort out differences within the government. It is learnt that the age of consent - lowering it from 18 to 16 - is the major hitch as the ministry of women and child development is not fully convinced of the proposal of the home ministry. 

Finance minister P Chidambaram will head the EGoM which will try to finalise the draft Bill as early as possible because the government is supposed to pass new legislation — replacing the existing Ordinance — before March 22 when both the Houses of Parliament adjourn for a month-long recess. 

It is learnt that the law ministry has expressed reservations over the home ministry's draft replacing 'sexual assault' with 'rape' while the ministry of women and child development expressed strong reservation against bringing down the age of consent from 18 to 16 years. 

"The Bill has to stand the scrutiny of Parliament and later judiciary. A consensus is must for the government before moving ahead. In all likelihood, the draft Bill will not undergo major changes now and will soon be brought before Cabinet," said an official. 

The home ministry's draft has, in fact, reversed what the previous Criminal Law (Amendment) Bill, 2012 and the Ordinance on Criminal Law, 2013 had done in the case of the two contentious provisions and preferred to go by the recommendation of the Justice JS Verma committee's recommendation which insists on retaining the word 'rape' in the law. 

The ordinance — making the anti-rape law much more stringent — was promulgated by the President on February 3 in the wake of public outrage over the December 16 gang-rape of Nirbhaya. Making sexual crimes gender neutral, the ordinance replaced 'rape' with 'sexual assault' in tune with provisions of the pending Bill. 

The EGoM has to bring the fresh draft before the Cabinet as early as possible because government needs to bring it to Parliament within six weeks of the ordinance getting promulgated. 

Bringing down the age of consent from 18 to 16 years is opposed by the WCD ministry since it will be run contrary to a recent law protecting children from sexual offences and the Child Marriage (Prohibition) Act. 

The Protection of Children from Sexual Offences Act, which was passed by Parliament last year, was enacted following recommendations by a parliamentary panel and a range of experts suggesting that the age of consent provision was being misused for child trafficking for sex, labour and domestic work. The WCD ministry had also reasoned that the provision was used to slap false cases against young couples who were targeted for not conforming to social norms. 

The ministry had faced the wrath of child rights activists at the time who felt that stringent punishment like life imprisonment for sexual assault could be used to criminalize teenage sex, making any intercourse below 18 years of age an offence under this law.

Source: http://timesofindia.indiatimes.com/india/Anti-rape-Bill-deferred-second-time-in-six-days-referred-to-group-of-ministers/articleshow/18923675.cms

Centre to lower bar for consensual sex to 16 years

TNN | Mar 12, 2013, 01.43 AM IST

NEW DELHI: The Union Cabinet is set to clear a bill seeking to replace the post-Nirbhaya case ordinance dealing with crime against women which will reduce the age for consensual sex to 16 and reinstate "rape" as an offence specifically committed against women.

The government has resolved differences on the two contentious aspects of the Criminal Law (Amendment) Bill, 2013, bowing to the demands of women's groups who protested against the ordinance's provisions making "sexual assault" a gender neutral crime.

Now, the perpetrator in a crime of rape will be male while the victim female according to the law to be considered by the Cabinet on Tuesday.

Settling divergent views on the age of consent was a more difficult task as the women and child development ministry pointed out that a recent law to protect kids deems anyone below 18 as a minor.

Official sources said there would be no contradiction between the two laws as Supreme Court has said in cases of alleged elopement where the girl has acted in accordance to her free will, the age of consent to be considered is 16.

While the issue is likely to be debated by the Cabinet, the ministry of home affairs has taken the view that criminalizing sex in the 16 to 18 age group is not warranted as it fails to take into account changing sexual mores.

With sexual contact between teens of this age increasingly common in both urban and rural areas and across social strata, it was felt a tough law could be misused to settle scores or allow conservative opinion to harass youngsters.

The law to protect children against sexual abuse deals with incidents where no consent has been obtained and the criminal law amendment bill will not allow offenders a legal loophole, sources said.

The bill could also make rape by those in authority punishable by life sentence extending to the abuser's "natural life". Another likely change is making it mandatory for government and private hospitals to provide free medical assistance to victims of sexual crimes.

Home minister Sushilkumar Shinde on Monday said there were differences on "legal points" which were being addressed to and will be settled by Cabinet.

Asked about the fate of the proposed bill, Shinde said the law ministry had to vet all proposals before the government takes the next step.

Once approved by the Cabinet, the Criminal Law (Amendment) Bill will be introduced inParliament later this week and would be passed before March 22 when both the Houses adjourn for a month-long recess as is necessary if the ordinance is not to lapse.

The bill will replace the ordinance on criminal law which was promulgated on February 3 in the wake of public outrage over the December 16 gang rape incident.

The Justice J S Verma committee, who's report forms the basis of the ordinance, had supported lowering the age of consent to 16.

Times View

This newspaper has repeatedly argued that the change of the age of consent from 16 to 18 was a retrograde step and that it should be reversed. The changed law could have become a tool to harass teenagers rather than one that protects them. We had urged the government and Parliament to reconsider despite the law having been passed, because sticking to a bad law does not enhance the authority of the state, it diminishes it. We are glad that the government now intends to do just that. It would also be a good idea to decriminalise consensual sex even with girls below the age of 16 where the partner is less than 5 years older.

Source: http://timesofindia.indiatimes.com/india/Centre-to-lower-bar-for-consensual-sex-to-16-years/articleshow/18917656.cms

Activists shocked and suspicious

TNN | Mar 12, 2013, 02.13 AM IST

NEW DELHI: Ram Singh's custodial death has appalled many. Activists and women's groups who had taken part in the protests following the Nirbhaya gang-rape are shocked at the scale of security lapse in Tihar Jail. They also find Singh's alleged suicide "extremely suspicious".

The secretary of All India Progressive Women's Association (AIPWA), Kavita Krishnan, feels that Singh could have been a source for a lot of information about the illegal operations in the transport sector. "Now our access to that information is also closed."

Sucheta De, a student leader, echoes similar concerns. "A custodial death is an interruption in the trial. He could have directed us to serious illegalities and lapses in the public transport system. But, justice should follow now."

Annie Raja of National Federation of Indian Women (NFIW) fears that it will slow down the trial. "This incident should not delay the trial. It's a mysterious death and has raised a number of questions about the functioning of prison authorities. They have clearly failed."

Sunny Kumar, a member of All India Students Association (AISA) that mobilized hundreds of students to the protests, says this is just another reminder of how the process of investigation and trial is not taken seriously. "It's a mysterious development but it should not overshadow a swift and fair trial."

Delhi high court lawyer Vrinda Grover assures that the death will not adversely impact the case or the culpability of rest of the accused.

Source: http://timesofindia.indiatimes.com/city/delhi/Activists-shocked-and-suspicious/articleshow/18918255.cms

Teen gang-raped near home, two locals arrested

TNN | Mar 12, 2013, 04.49 AM IST

KOLKATA: A 15-year-old girl was dragged into a construction site when she was returning from aShivaratri puja and raped by five local men, barely 100 meters from where she lives, in Mukundapur early on Monday morning. Locals alleged that police refused to accept an FIR until former minister Kanti Ganguly intervened.

The girl was accompanied by a friend who managed to escape. Police said the five men - aged between 18 and 20 - had rape in mind and were waiting for a victim when the two girls happened to pass by.

Two suspects - Surajit Das and Sujay Dakua - residents of Shahid Smriti Colony, were arrested and produced at Alipore court. Three other accused have gone underground.

A medical examination was conducted on the girl at MR Bangur Hospital.

On Sunday, the girl had gone to visit her friend in the area and decided to stay back because of Shivaratri. Late in the evening, she went out with her friend to offer puja and then decided to take a dip in the local pond. On their way back, the girls were chased by a group of men. While the victim's friend managed to give the gang a slip, the victim was dragged into a two-storey building that was under construction and raped.

Though there were some masons sleeping in the building, they could hear nothing because of the blaring music from a local club nearby.

When the girl's friend and the neighbours rushed to the building, they saw the victim staggering out. "I was offering prayers at the local temple when a few children said that a girl had been assaulted by some men. It was well past 3am. She was barely able to walk and kept collapsing to the ground. We sprinkled water on her and kept asking her what had happened. After about half an hour, she incoherently narrated her ordeal. It seemed that she was raped by the men inside the building," said a neighbour, Tulu Das.

The victim's friend's mother said she had no inkling of the assault till Monday morning. "I saw them return home early this morning. They seemed very tired and went off to sleep," she said.

The two youths who were arrested were slapped with charges under sections 376 and 376 D, section 23 of the Juvenile Justice Act and section 4 of the Protection Act.

Joint commissioner (crime) Pallab Kanti Ghosh said the police were looking for the other miscreants.

Source: http://timesofindia.indiatimes.com/city/kolkata/Teen-gang-raped-near-home-two-locals-arrested/articleshow/18920626.cms

Cabinet to consider anti-rape law today

The government proposes to make it mandatory for all hospitals in the country-public or private- to provide free of cost first aid and treatment to women victims of any sort of violence, including acid attack.

This new provision is part of the latest changes in the anti-rape laws 

to be considered by the Union cabinet in its special meeting on Tuesday. There is a sense of urgency in the government as it has to pass the criminal laws amendment bill before March 22 to avoid the relapse of the related ordinance.

The cabinet proposal mentions perpetrators as 'gender-specific' or men-shifting away from the initial plan of keeping them gender-neutrals. The proposed law, however, defines victims of sexual assault as gender-neutral. In other words, men can be tried for raping women or sodomizing boys under the law.

The other key amendment of the bill is that it replaces 'sexual assault' with 'rape' but in case of false complaints, provisions for strict penalties are also provided. At a recent meeting of political parties, several leaders had expressed concerns over the possibility of misuse of stricter anti-rape law.

Justifying the decision to replace 'sexual assault' with 'rape', the law ministry argued that "the term rape is widely accepted."  The government also intends to make provision so that penalty imposed on perpetrators can be used for funding the relief and rehabilitation of rape victims.

Source: http://www.hindustantimes.com/India-news/NewDelhi/cabinet-to-consider-anti-rape-law-today/Article1-1024786.aspx