India prosecutors seek death for Delhi rapists, defense urges mercy

By Sanjeev Miglani and Sruthi Gottipat

By Sanjeev Miglani and Sruthi Gottipati

- Indian prosecutors demanded on Wednesday the death penalty for four men convicted of raping and murdering a 23-year-old trainee physiotherapist last December, saying it was important to send a signal to the country that such crimes would not be tolerated.

"The common man will lose faith in the judiciary if the harshest punishment is not given," special public prosecutor Dayan Krishnan told trial judge Yogesh Khanna, who will sentence the men on Friday.

Indeed, outside the court, popular opinion on social media sites and comments by top politicians suggest many Indians want to see the men hanged for a crime the brutality of which shocked even in a country where sex crimes against women are rife.

Social commentators say the attack has forced Indians to confront an uncomfortable truth - that social change, in particular patriarchal attitudes towards women, has not kept pace with rapid economic growth over the past decade.

The case has resonated with thousands of urban Indians who took to the streets in fury after the attack. The victim became a symbol of the daily dangers women face in a country where a rape is reported on average every 21 minutes and acid attacks and incidents of molestation are common.

Bus cleaner Akshay Kumar Singh, gym instructor Vinay Sharma, fruit-seller Pawan Gupta, and unemployed Mukesh Singh stood at the back of the courtroom surrounded by policemen. They showed no emotion as Krishnan described their crime as "diabolical" and called for them to be hanged.

The parents of the victim, who may not be identified for legal reasons, sat just feet away from the men. After the hearing, her father bluntly told reporters: "They finished my daughter, they deserve the same fate."

The men were found guilty on Tuesday of luring the woman and a male friend onto a bus as the pair returned home from watching a movie at a shopping mall on December 16.

As the bus drove through the streets of the capital, the men repeatedly raped the victim before dumping her and her friend, naked and semi-conscious, on the road.

The men used a metal rod and their hands to pull the woman's organs from her body after raping her, Krishnan said. Her injuries were so severe that she died in hospital in Singapore two weeks after the attack.

"This is an extreme case of depravity," Krishnan said, likening the woman's injuries to someone "cutting open a fruit".

All four of the men denied the charges. Three of them said they were never on the bus while a fourth admitted driving the vehicle but said he knew nothing of the crime. The prosecution said mobile phone records, CCTV footage, DNA evidence and bite marks on the woman's body placed the men at the scene.

India's interior minister, Sushilkumar Shinde said the death penalty was assured in the case, while a senior leader of the main opposition Bharatiya Janata Party (BJP), Sushma Swaraj, said it was important to "set an example for the future".

Under Indian law, the death penalty is reserved for the "rarest of rare" cases. Even when it is imposed, the authorities rarely carry out executions.

"Hang them, hang them," chanted a small group of protesters outside the court.

There are 477 prisoners on death row in India, according to the interior ministry. Last year, India carried out its first hanging in eight years when it executed the lone survivor of a squad ofPakistan-based militants who attacked Mumbai in 2008, killing 166 people.

"JUDGES SHOULD NOT BE BLOODTHIRSTY"

Inside the court, lawyers for the four men pleaded for mercy and repeatedly highlighted the reluctance of Indian judges in the past to impose the death sentence.

Judges should not be bloodthirsty, said lawyer Vivek Sharma, who represents 19-year-old Gupta, the youngest of the four on trial. "You can't give capital punishment on demand."

Sharma said his client had not taken part in the rape or torture of the woman. He asked the court to take into account that Gupta was the sole breadwinner for his family and had to take care of his elderly parents and brother and sister.

A.P. Singh, lawyer for Kumar Singh and Sharma, said the death penalty was a "primitive and cold blooded and simplistic response to complex issues". He painted his clients as downtrodden who deserved a second chance.

Mukesh Singh, who said he had been driving the bus at the time of the attack, should not face the same penalty as his co-accused, his lawyer V.K. Anand told the court.

"At best, he can be held for aiding the others. Punish him, but punish him keeping in mind he was only driving the bus."

Women's rights groups have welcomed the guilty verdict but cautioned against giving the death sentence, saying that research across the world has shown that capital punishment does not act as a deterrent and the case should not set a precedent for all rapes to be punished with hanging.

If the men do receive the death penalty, India's high court will still have to confirm the sentences. The four are expected to file appeals, so proceedings could still go on for months or even years.

(This story has been refiled to remove reference to alias of one of the convicted men in paragraph 20)

(Additional reporting by Suchitra Mohanty and Anurag Kotoky; Writing by Ross Colvin; Editing by Robert Birsel)

Source: http://www.reuters.com/article/2013/09/11/us-india-rape-idUSBRE98A09M20130911

Anti-rape Bill makes stalking, acid attacks punishable

VINAY KUMAR, NEW DELHI, March 19, 2013

PTITV grab of Home Minister Sushil Kumar Shinde and UPA Chairperson Sonia Gandhi in the Lok Sabha in New Delhi on Tuesday.

The Lok Sabha on Tuesday passed the Criminal Law (Amendment) Bill, 2013, to provide for more stringent punishment for crimes against women, including natural life term or even death for repeat offenders of rape. For the first time, the new anti-rape law also imposes various penalties for stalking, voyeurism and acid attacks. The Criminal Law (Amendment) Bill, 2013, seeks to replace an ordinance which was promulgated on February 3. Though acid attacks, stalking, voyeurism and the trafficking of women are punishable under criminal law, the Lok Sabha voted against amendments seeking life imprisonment for acid attacks as also making first-time stalking a non-bailable offence.

Replying to a nearly six-hour-long debate, Union Home Minister Sushil Kumar Shinde said the Bill enhanced punishment for various crimes against women and for the first time made it a punishable offence for police personnel not to register a First Information Report (FIR). He agreed with suggestions to post at least one woman officer in every police station and also holding in camera inquiry in crimes against women.

At the time of passing the Bill, only 168 members were present in the Lok Sabha and the number swelled to 198 later when voting on some of the amendments took place. However, Congress president Sonia Gandhi, who sat through most part of the lengthy debate, was not present when the House passed the Bill.

Among those absent during the session were Prime Minister Manmohan Singh, Congress vice-president Rahul Gandhi as well as some of the Bharatiya Janata Party stalwarts, including party president Rajnath Singh. Leader of Opposition Sushma Swaraj was present and also supported an amendment, which was negated, to make stalking a non-bailable offence. Many senior ministers were also not present in the House during the debate and voting. Mr. Shinde moved half-a-dozen amendments which were approved by the House.

As many as eight women MPs from different parties participated in the debate, supporting the new anti-rape law and also demanding stringent punishment for acid attacks, adequate compensation and rehabilitation of victims of such attacks. These included Sumitra Mahajan and Saroj Pandey of the BJP, Jayaprada (Independent), Harsimrat Kaur Badal (Shiromani Akali Dal), Shatabdi Roy (Trinamool Congress), Meena Singh of the Janata Dal (United), Priya Dutt of the Congress and Supriya Sule of the Nationalist Congress Party (NCP).

All political parties broadly welcomed the government’s initiative and supported the Bill. Several leaders, including the JD(U)’s Sharad Yadav, Samajwadi Party’s Mulayam Singh and the Rashtriya Janata Dal’s Lalu Prasad, said new laws alone would not be able to control crimes against women and called for changing the mindset of the people, arresting falling moral values and launching a reformist campaign that would educate the people on equal rights, respect and dignity for women.

Apprehension

Mr. Sharad Yadav argued that criminalising stalking and voyeurism could result in false cases being slapped against men. Shailendra Kumar (SP) was critical of the attire donned by women in TV serials and films. His comments invited strong protests from actor-turned-politician Ms. Jayaprada as well as Ms. Meena Singh.

The Lok Sabha voted against life imprisonment for perpetrators of acid attack incidents, rejecting the amendment by a margin of 105-62 and also turned down another seeking to make first-time stalking a non-bailable offence. The House also voted against life imprisonment for child-trafficking.

The demand for a strong anti-rape law gained ground after the Delhi gang rape, on December 16, 2012, of a 23-year-old, who battled for 13 days before succumbing to the grievous injuries inflicted on her. The brutal crime had shocked the nation, triggering protests by youth, women and civil rights groups, who demanded strict laws to deter crimes against women.

“The time has come to send out a loud, clear and deterrent signal that society will not tolerate such errant behaviour,” Mr. Shinde said, moving the Bill.

Initiating the discussion on the Bill, Bhola Singh (BJP) cited several anecdotes from history to point out that new laws alone would not help the cause of women and there was a need to change the mindset and culture.

Supriya Sule (NCP) said the focus of the discussion should be more on the safety of women and members should not mistrust women or fear they would abuse the legislation. She called for reforms in the judiciary and police too.

Others who participated in the debate included S. Semmalai (AIADMK), Nama Nageswara Rao (TDP), Gurudas Dasgupta (CPI), and Asaduddin Owaisi of the AIMIM.

Source: http://www.thehindu.com/news/national/antirape-bill-makes-stalking-acid-attacks-punishable/article4525991.ece

Rape convicts may face a minimum of 20 years in jail

AARTI DHAR, NEW DELHI, March 20, 2013

The Criminal Law (Amendment) Bill, 2013, which was passed in the Lok Sabha on Tuesday, prescribes stringent punishment, including a natural life term, for crimes against women, or even death for repeat offenders of rape. Importantly, it makes stalking, voyeurism and acid attacks punishable offences.

The Bill seeks to replace an Ordinance promulgated on February 3.

The proposed law seeks to amend the Indian Penal Code, the Code of Criminal Procedure, the Indian Evidence Act and Protection of Children from Sexual Offences Act.

Aiming to deter rapes and gang rapes, the proposed legislation states that an offender can be sentenced to rigorous imprisonment for a term not less than 20 years, but which may extend to life, meaning imprisonment for the remainder of that person’s natural life. It also has provisions for handing out the death sentence to offenders who may have been convicted earlier of such crimes.

For the first time, acid attack has been defined as a crime and the Bill also grants a victim the right to self-defence. Those found guilty of the crime will face a minimum 10-year jail term.

The Bill defines and prescribes punishment for stalking, voyeurism and sexual harassment. It seeks to widen the definition of rape, broaden the ambit of aggravated rape and enhance the punishment for these.

As per the Bill’s provisions, hospitals would have to provide immediate first aid and/or medical treatment free of cost to victims of acid attack or rape; failure to do so will attract punishment.

Though it also proposed to fix the age of consent for sex at 16 years, the government moved an amendment to drop this particular clause, as decided at an all-party meeting on Tuesday. The Bharatiya Janata Party, the Samajwadi Party and some other political parties had opposed lowering the age of consent for consensual sex as well as making stalking and voyeurism non-bailable offences as they felt the provision could be misused. They contended that since the age of marriage was 18, the age of consent should be the same. However, according to the Bill, having sex with wife, who is not less than 15 years, will not be considered rape.

Offenders who are from the police, or are public servants, members of the armed forces or hospital management or staff would face a minimum jail term of seven years, with provisions for extension to life imprisonment, and a fine.

The Bill also seeks to amend the Indian Evidence Act to allow a rape victim, if she is temporarily or permanently mentally or physically disabled, to record her statement before a Judicial Magistrate with the assistance of an interpreter or a special educator. It also has provisions for video recording of proceedings.

Source: http://www.thehindu.com/news/national/rape-convicts-may-face-a-minimum-of-20-years-in-jail/article4526782.ece