These ‘activists’ oppose death penalty for rape of minors

Agencies
April 21, 2018

New Delhi, Apr 21: Even as a number of leaders have advocated the death penalty for rape of girls aged below 12, child rights activists across the country have come out against the government's decision to amend the Protection of Children from Sexual Offences (POCSO) Act for this purpose.

The Union Cabinet on Saturday approved an ordinance to allow courts to award death penalty to those convicted of raping children up to 12 years of age.

The criminal law amendment ordinance seeks to amend the Indian Penal Code (IPC), the Evidence Act, the Code of Criminal Procedure (CrPC), and the Protection of Children from Sexual Offences (POCSO) Act to introduce a new provision to sentence convicts of such crimes punishment of death.

"In a country where there is no certainty of conviction, this government wants to bring in more stringent laws. In a country where most rapes are perpetrated by family members, invoking death penalty will only increase the chances of acquittal.

"Most of the cases will not be reported. There is a reason why the death penalty for child rape exists in only about 13 countries or so, most of them Islamic," said Bharti Ali of HAQ centre for child rights.

According to the data of the National Crime Records Bureau, 95 percent of the rapes are committed by family members. The conviction rate in cases of rapes of women is around 24 percent. It is 20 percent under the POCSO Act.

"I believe that the only deterrent in rape cases is a conviction in not more than 90 days. Worldwide we have seen that more than strict punishment, it is speedy justice that works as a deterrent.

"I fear that with the death penalty, most people will not report child rapes, as in most cases the accused are family members. The conviction rate will come down further," Vinod Tikoo, a former member of the National Commission for Protection of Child Rights, said.

According to a recent study by Kailash Satyarthi Children’s Foundation, it would take the courts two decades to clear the backlog of cases related to child sex abuse.

Activists say the government should focus more on strengthening the existing laws, ensuring the safety of victims and witnesses, speedy trials, and awareness generation.

"We already have the death penalty for several offences and that has not led to any deterrence. If we are looking to create a deterrent, then we have to create it where it works.

"Creating a supportive and enabling environment for the victim to report the crime on their terms, effective and meaningful victim and witness protection, sensitive criminal justice system - including courts, legal aid and police, rehabilitation and ensuring certainty of conviction of the accused are among the areas which will generate deterrence," said Ananth Kumar Asthana, advocate and child rights activist.

The government's move to amend the law to award the death penalty for rape of girls aged below 12 comes amid a nationwide furore over the brutal rape of an eight-year-old girl in Jammu and Kashmir's Kathua district, the alleged rape of a minor in UP's Unnao by a BJP MLA, and other incidents of sexual violence reported from different parts of the country recently.

Union minister of Women and Children Development Maneka Gandhi had a few days ago asked her department to work on a proposal to amend the POCSO Act to bring in the provision of the death penalty for the rape of a minor below the age of 12 years.

Delhi Commission for Women chief Swati Maliwal has been on a hunger strike at Samta Sthal here demanding death penalty for rapists.

Countries which have the provision of the death penalty for raping minors include China, Qatar, Sudan, UAE, Tajikistan, Tunisia, Bangladesh, Kuwait.

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News Network
April 23,2024

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Congress workers protested outside the home of Nilesh Kumbhani, the party's candidate from Gujarat's Surat Lok Sabha seat whose nomination form was rejected due to alleged discrepancies, as he was likely to join the BJP, sources said on Tuesday.

The protest came a day after the BJP's Mukesh Dalal was declared the winner from the party stronghold following the withdrawal of all the other eight candidates in the fray.

The sources said that the protesters called Kumbhani a "traitor" and "killer of democracy", adding that he could join the BJP as early as this week.

Kumbhani's nomination form was rejected after he was unable to present even one of his three proposers before Returning Officer Sourabh Pardhi.

The BJP had raised questions about the discrepancies in the signatures of three proposers in his nomination form.

The nomination form of Suresh Padsala, the Congress' substitute candidate from Surat, was also invalidated, pushing the party out of the poll fray in the BJP stronghold.

In his order, Pardhi said the four nomination forms submitted by Kumbhani and Padsala were rejected because at first sight, discrepancies were found in the signatures of the proposers, and they did not appear genuine.

The Lok Sabha elections in the Surat seat was supposed to take place on May 7.

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News Network
April 25,2024

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Kolkata: Defence Minister Rajnath Singh or Transport Minister Nitin Gadkari could have been the prime minister, said Trinamool Congress supremo and West Bengal chief minister Mamata Banerjee, subtly taking a dig at the Bharatiya Janata Party leaders relegated to the second rung of the organisational echelons.

Banerjee’s nephew and the TMC general secretary Abhishek Banerjee, on the other hand, attempted to stoke trouble within the BJP’s unit in West Bengal, saying that at least 10 more state legislators of the saffron party were keen to join his party and in touch with him.

"You (Rajnath Singh) are surviving at the mercy of Modi (Prime Minister Narendra Modi). You are saluting Modi daily to save your chair. You or Nitin Gadkari could have been the PM (prime minister) today," the TMC supremo said in an election rally at Ausgram in Bolpur Lok Sabha constituency on Wednesday. "There would have been no problem...at least there would have been a gentleman in the chair who knows minimum courtesy," she added.

Banerjee was responding to Singh’s diatribe against herself and the TMC government led by her. The defence minister, who had addressed an election rally in Murshidabad on Sunday, had criticised the TMC government for alleged corruption and anarchy in West Bengal.

Singh had referred to the attacks on the Enforcement Directorate officials on January 5 during a raid at the residence of the TMC leader Sheikh Shahjahan at Sandeshkhali in North 24 Parganas district of the state. It was followed by an agitation by local women protesting against atrocities by Shahjahan and his aides known to be owing allegiance to the TMC.

Singh questioned how the state government, led by a woman as the chief minister, could allow such atrocities on women to take place. He went on to say that Banerjee had lost all ‘mamata’ (affection and compassion) for people.

Banerjee shared a cordial relationship with Singh since the days when they both were ministers in the central government led by then Prime Minister Atal Bihari Vajpayee. Singh avoided personally criticising Banerjee in the past.

He, however, went ballistic against Banerjee on Sunday, triggering a strong response from the TMC supremo on Wednesday.

"The BJP is trying to get into the game of breaking parties, but they can't win in it. They poached two of our MPs, and we replied by taking two of their MPs, Arjun Singh and Babul Supriyo. Recently, by using ED raids, they inducted Tapas Ray. At least 10 top leaders of the BJP are in the queue to join the TMC," Abhishek said in another election rally in Murshidabad on Wednesday.

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News Network
April 26,2024

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An Indian-origin woman studying at the prestigious Princeton University in the US is among two students arrested over pro-Palestine protests on the campus, reports student and alumni newspapers.

Tamil Nadu-born Achinthya Sivalingan and Hassan Sayed were arrested after the protesters set up tents for an encampment in a university courtyard early Thursday morning, according to the Princeton Alumni Weekly (PAW).

The two graduate students were arrested on charge of trespassing and have been "immediately barred from the campus", said Jennifer Morrill, a university spokesperson, adding that setting up tents on the campus violated university policy.

However, they have not been evicted and will be allowed into their housing, another varsity spokesperson Michael Hotchkiss confirmed to the Daily Princetonian.

Ms Sivalingam is a student of Masters in Public Affairs in International Development at Princeton while Mr Sayed is a PhD candidate there.

In a statement, Morill said the students were given "repeated warnings from the Department of Public Safety to cease the activity and leave the area" and they now face disciplinary action. After their arrest, the other protesters "voluntarily" packed away their camping gear, she added.

Hotchkiss said the university did not evict anyone on Thursday and that the university allows students barred from campus to stay in their university-owned housing.

The undergraduate students were warned against occupation and encampment exercises in an email Wednesday, according to the Daily Princetonian.

Princeton students, faculty and community members, and even outsiders were part of the demonstration, the PAW cited organizers of the protest as saying. Large, white tents were set up nearby for upcoming reunions and other events.

A student who chose to be identified only as Urvi termed the arrests as "violent", which included the students being zip-tied around their wrists. The university, however, contested this and said the officers did not use any force and the arrests were made without any resistance.

Pro-Palestine protests have rocked the top US universities as thousands of students have hit their campuses to demonstrate against the Gaza deaths due to Israel’s inhuman military operation. 

The protests, which began at Columbia University in New York, have to colleges across the country and saw hundreds of students confronting cops and raising pro-Palestine slogans. The protesters have been calling on their universities to divest from companies that profit from the Gaza war and advocate an immediate ceasefire.

Who is Achinthya Sivalingan?

1. Achinthya Sivalingan was born in Coimbatore, Tamil Nadu and was raised in Columbus, Ohio.

2. She is pursuing a Master of Public Affairs (MPA) degree in International Development at Princeton University. Before that, Ms Sivalingan studied world politics and economics at Ohio State University and was also an Intern at Harvard Law School. 

3. Ms Sivalingan has significant experience in policy issues, having worked with civil society organisations, the legal system, politics, movement building, and private philanthropy. Her previous roles include supporting policy and advocacy work for climate adaptation, agricultural development, and nutrition portfolios at the Bill and Melinda Gates Foundation. 

4. Ms Sivalingan has worked on a congressional campaign in Ohio's third district and also contributed to land rights and policy initiatives in India at the Centre for Policy Research. 

5. She has been banned from Princeton over pro-Palestine protests and is now facing disciplinary action. 

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