45 custodial rapes in nine years, says rights forum

[email protected] (The Hindu)
December 27, 2012

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New Delhi, December 27: The Asian Centre for Human Rights (ACHR) has alleged that that at least 45 custodial rapes were reported between 2002 and 2010.

In its submission to the Justice Verma Committee set up in the wake of the gruesome rape on December 16 here, the centre said that at least 45 custodial rapes took place between 2002 and 2010 as per the complaints registered by the National Human Rights Commission (NHRC).

The number of cases registered by the NHRC with the period within brackets: two (2009-2010), four (2008-2009), 18 (2007-2008), 10 (2006-2007), five (2005-2006), four (2004-05), and two (2002-2003). No case was registered in 2003-04.

“These cases are the tip of the iceberg and the law enforcement personnel enjoy virtual immunity as prior sanction is required for their prosecution even in cases of rape as per Section 197 of the Criminal Procedure Code and Section 6 of the Armed Forces Special Powers Act of 1958,” according to Suhas Chakma, Director ACHR.

“The Justice Verma Committee must recommend removal of the requirement of prior sanction for prosecution, suit or other legal proceeding against any offences relating to sexual assault,’’ Mr. Chakma said.

The centre does not have consolidated figures for permission granted for prosecution of those involved in such offences. These are maintained by the States for the police, the Ministries concerned like the Home Ministry for paramilitary forces, and the Defence Ministry for the defence forces.

The ACHR criticised the restrictive Terms of Reference of the Justice Verma Committee which has been asked to suggest possible amendments in the criminal laws to provide for quicker trial and enhanced punishment for criminals accused of committing “sexual assault of extreme nature against women.”

“The Committee should bear in mind that failure of the law to take its own course against sexual assault, which may not necessarily be of extreme nature, ultimately creates the environment in which criminals dare to commit sexual assault of extreme nature. Women in India have been facing unprecedented sexual violence and the Committee must broaden the definition to capture all forms of sexual assault,” Mr. Chakma said.


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News Network
May 10,2024

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New Delhi: In a big blow to Brij Bhushan Sharan Singh, a Delhi court has ordered the framing of charges against the former Wrestling Federation of India chief in the sexual harassment allegations levelled by women wrestlers. The court has said there is sufficient evidence on record to do so, and the trial against him can now begin. 

Friday's order by the Rouse Avenue court comes days after the BJP decided not to repeat Mr Singh, who is the party MP from Uttar Pradesh's Kaiserganj, as the candidate from the constituency and decided to field his son Karan Bhushan Singh instead. 

The court has ordered the framing of charges under Indian Penal Code sections Ordered to frame charges against Brij Bhushan under sections 354 (outraging a woman's modesty), 354-A (sexual harassment) and 506 (criminal intimidation). The Delhi Police had filed a chargesheet against under these sections and one additional section - 354D (stalking) - on June 15 last year. 

Charges should also be framed against the former assistant secretary of the Federation, Vinod Tomar, under Section 506, the court said. 

Additional Chief Metropolitan Magistrate Priyanka Rajpoot said the charges will be framed against Mr Singh for sexually harassing five wrestlers and that he stands discharged in the allegations levelled by the sixth.

The six-time MP has been at the centre of a huge political storm since last year, when sexual harassment charges were levelled against him and protesters had hit the streets led by Olympic medallists Sakshee Malikkh and Bajrang Punia, as well as Commonwealth Games and Asian Games medallist Vinesh Phogat.

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News Network
May 5,2024

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Maharashtra Leader of Opposition Vijay Namdevrao Wadettiwar waded into controversy after he alleged that an RSS-affiliated cop, and not terrorist Ajmal Kasab, killed former state anti-terrorism squad (ATS) chief Hemant Karkare during the 26/11 Mumbai terror attack.

In a video statement released on Saturday, the Congress leader alleged that the bullet that killed IPS officer Hemant Karkare did not come from the gun of Ajmal Kasab or any of the other nine Pakistani terrorists involved in the attacks.

Instead, he claimed it came from the weapon of a police officer allegedly "dedicated to" the Rashtriya Swayamsevak Sangh (RSS).

Wadettiwar also accused Ujjwal Nikam, the special public prosecutor in the case and a BJP Lok Sabha candidate from Mumbai North Central, of suppressing this information, labeling him a "traitor."

He questioned the BJP's decision to nominate Nikam for the Lok Sabha polls, accusing the party of protecting traitors.

“During the probe, key information was out. However, it was suppressed by Ujjwal Nikam, who is a traitor. My question is, why is BJP protecting a traitor and nominating such a person for Lok Sabha polls? By doing this, BJP is protecting traitors," Wadettiwar alleged, Times of India reported.

These allegations drew strong responses from Nikam and Deputy Chief Minister Devendra Fadnavis.

Nikam condemned Wadettiwar's statement as "baseless and irresponsible," expressing pain at the doubts raised over his integrity.

He emphasized the legal steps taken to convict Kasab, calling Wadettiwar's remarks an insult to the victims of the 26/11 attacks.

“What a reckless statement is being made. I am pained by such baseless allegations, raising doubts over my integrity. It clearly reflects the level of electoral politics. I never thought politicians will stoop to such low levels. For political gain? He (Wadettiwar) is insulting not me, but the 166 departed souls and all persons injured in the 26/11 attacks," Nikam said.

He added, “They (Congress) hold Kasab as innocent. Even Pakistan had accepted that Kasab was involved in the conspiracy and in the terror attack on India and was guilty".

He said Indians very well know the legal steps he had taken to ensure Kasab’s conviction.

Nikam said citizens of the nation would on 4 June, the day of results for Lok Sabha polls, give their reply to such allegations, adding he wished not to dignify the “desperate disinformation” with a further response.

Meanwhile, BJP leader and Deputy CM Fadnavis said, “Our alliance is with Nikam, while Congress has joined hands with Kasab".

Shiv Sena spokesperson Kiran Pawaskar said NIA should arrest Wadettiwar and ask him why he was defending Kasab.

Pawaskar criticized the Congress for allegedly supporting terrorists and expressed surprise at the silence of Shiv Sena chief Uddhav Thackeray on the matter.

“From Wadettiwar’s statement, it appears Congress is supporting terrorists who attacked Mumbai. More shocking is the fact that Sena (UBT) chief Uddhav Thackeray has maintained silence over the episode,” he said.

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