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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June 1,2024

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After nearly two months of high-pitch campaigning and a hectic poll schedule of 7 phases, exit polls numbers have started coming in. According to five pollsters so far, the Narendra Modi-led NDA government is coming back to power with a landslide victory while the Opposition’s I.N.D.I.A. bloc managing somewhere between 125 and 150. 

Meanwhile, in a U-turn, Congress-led I.N.D.I.A. bloc has decided to participate in exit poll debates. Track all the latest updates on exit polls results as we provide you with minute-by-minute updates on the outcome of the Lok Sabha polls predicted by exit polls.

While the numbers vary, five exit polls are predicting that the INDIA bloc will be left far behind. None, though, have yet put the NDA across its dream score of 400 of 543 Lok Sabha seats. 

Exit Polls do not always get it right.

An aggregate of five exit polls indicates that the NDA will get 365 seats, the INDIA bloc will get 142 seats.

The maximum number of seats predicted for the NDA was 362-392, in the exit poll by Jan ki Baat. It predicts the Opposition bloc will get 141-161 seats.

It is followed by India News-D Dynamics, which is predicting that the NDA will get 371 seats and INDIA 125 seats.

The lowest score for the NDA comes from Republic TV-P MARQ – 359, and a corresponding higher score for the INDIA bloc, 154.

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June 1,2024

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Kolkata: Sporadic incidents of violence marred the seventh and final phase of Lok Sabha polls in the nine parliamentary constituencies in West Bengal, as TMC, ISF and BJP workers clashed in various parts of violence-prone Jadavpur and Diamond Harbour constituencies.

Although the poll panel has claimed that voting has been peaceful so far, it said it has received 1,450 complaints until 11 am from different political parties alleging EVM malfunctions and agents being stopped from entering booths.

Around 28.10 per cent of over 1.63 crore voters exercised their franchise in the first two hours of polling to the nine Lok Sabha seats, an Election Commission official said.

Clashes broke out between supporters of the TMC, ISF and the BJP in different pockets of the state as the parties clashed over stopping polling agents from entering booths.

A confrontation erupted in Bhangar within Jadavpur constituency between backers of Trinamool Congress and the Indian Secular Front (ISF), with allegations of crude bombs being hurled from both sides. Police intervention ensued, triggering protests as both factions accused each other.

To quell the situation, security personnel resorted to a lathicharge to disperse the mob, recovering several crude bombs.

Angry voters of Kultuli within Joynagar constituency dumped electronic voting machines (EVMs) and Voter Verified Paper Audit Trail (VV-PAT) machines into nearby waterbodies alleging electoral misconduct.

"Today morning at 6.40 am Reserve EVMs & papers of Sector Officer near Benimadhavpur FP school, at 129-Kultali AC of 19-Jaynagar (SC) PC has been looted by local mob and 1 CU, 1 BU , 2VVPAT machines have been thrown inside a pond," the office of CEO West Bengal posted on X.

"Sector Police was a little behind. FIR has been lodged by the Sector Officer and necessary action has been initiated. The poll process in all six booths under the Sector is running uninterrupted. Fresh EVM and papers have been provided to the Sector Officer," it further said.

Senior BJP leader and Bengal co-incharge Amit Malviya posted on X, "Democracy is up in flames in West Bengal. Bombs have been hurled in Jadavpur's Bhangar, and irate villagers in Joynagar's Kultali have thrown an EVM and VVPAT machine in a pond because TMC goons won't let them vote."

"But the worse affected is Diamond Harbour, where Mamata Banerjee's nephew and heir apparent is contesting from. BJP workers are being intimidated, not allowed to sit in the booths, their polling documents destroyed. WB Police is acting like Abhishek Banerjee's henchmen. Even the Muslims have not been spared because a large number of them are voting for CPI(M) candidate Pratikur Rahman. TMC's 'secularism' dies the moment Muslims start voting against it," he posted on X.

Following this, Kolkata Police claimed that the incident happened in the morning before the poll process began.

"This incident happened in the morning around 6 am much before the polling process in Bengal. Police and CAPF immediately intervened and have taken steps against miscreants. Legal action initiated. Polling in Bhangar started without any interruption and is going on peacefully," Kolkata Police posted on X.

TMC supporters have accused the ISF of orchestrating the violence to intimidate voters. Prompt action from local law enforcement led to lathicharges and the arrest of suspects in Polerhat area of Bhangar.

Another incident occurred where the vehicle of an ISF worker was vandalised in Baghajatin area. Accusations have been levelled against Trinamool Congress supporters for the alleged incident.

Diamond Harbour, where TMC national general secretary Abhishek Banerjee is seeking re-election, witnessed clashes between TMC and BJP supporters. BJP candidate Abhijit Das accused the ruling party of malpractices, which the TMC denied. As Das approached a polling booth, TMC activists staged protests and shouted "Go back" slogans. In response, Das got out of his car and shouted counter slogans.

Similarly, CPI(M) candidate Patikur Rehman faced "go back" slogans from TMC workers when he attempted to visit a booth in the Canning area.

In Diamond Harbour's Satganchia, BJP workers were allegedly beaten up by TMC over allegations of intimidation of voters. In Kultuli area, two BJP activists were injured during clashes with TMC workers.

In Jadavpur area's Ganguly Bagan, CPI(M) workers were allegedly beaten by the TMC activists and their camp offices were ransacked. The TMC, however, denied the allegations and accused the Left party of intimidating the voters.

In Baranagar assembly seat, where a by-poll is on, CPI (M) candidate Tanmay Bhattacharya was allegedly physically assaulted when he was standing outside a booth as TMC workers accused him of trying to influence the voters.

The state Congress unit wrote to CEO Aariz Aftab requesting him to take stern action against alleged irregularities and rigging that are taking place in various pockets.

Basirhat SP Hossain Mehedi Rahaman said three persons were injured during the clash between TMC and BJP supporters at Bayramari in Sandeshkhali, adding that one person was arrested in this connection.

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May 26,2024

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New Delhi: Union Home Minister Amit Shah has asserted that the BJP will get a bigger win in opposition-ruled states due to a 'positive mandate' for Prime Minister Narendra Modi in the Lok Sabha polls, as he slammed the opposition's criticism of the Election Commission as a ploy to cover up for its impending loss.

In an interview with PTI, Shah claimed that his party has not resorted to any religion-based campaign but insisted that if canvassing against reservation for Muslims, and reaching out to voters on the abolition of Article 370 and implementing a Uniform Civil Code is religion-based campaign, then the BJP has done it and will continue doing so.

He dismissed the opposition's criticism of the Election Commission for its handling of poll data and the issue of Electronic Voting Machines (EVMs), saying that similar protocols and practices have been followed in previous assembly polls, including Telangana, West Bengal and Himachal Pradesh where the BJP lost.

"If those elections were fair, then this election is also fair. When you see defeat, you start crying in advance and try to find excuses to go abroad. This can't go on and on. They want to go on vacation on June 6. So, they are telling something or the other," he said.

The Congress's questions about the polling process is aimed at covering up Rahul Gandhi's failure, he said.

Shah said the opposition party had not offered any such suggestion at the customary all-party meeting called by the poll watchdog before the elections. "Whenever the opposition loses an election, they raise some questions. There is zero possibility of rigging in EVMs and they want an election which can be rigged."

With six phases of the seven-phase Lok Sabha polls over, the BJP's key strategist said the party's assertion that its alliance will cross the 400-seat mark when the poll results are out on June 4 is not merely a poll slogan but a well thought-out goal.

He said, "We will surely cross 400 seats. We will also form governments in Odisha, Andhra Pradesh and Arunachal Pradesh."

Assembly polls in the three states have been held alongside the Lok Sabha elections.

"If we get 399 seats and you say we have not crossed 400, then it is your wisdom. But the '400 paar' slogan is based on calculation and considered opinion," Shah said in his characteristic combative and sure-footed manner.

Asked if the party was overly dependent on Modi and if a relatively weak opposition was benefitting from its alliance, he said it was not a negative but a positive vote which the ruling alliance is receiving.

"This is not a negative vote. Please accept one thing. This is a positive vote. We will get people's support where (in states) we are in power. And mark my words...where we are not, we will be getting a bigger mandate. So this is a positive mandate for the work of the central government," he said.

As Modi has brought to fruition the BJP's core ideological plans, be it the poor's welfare, a secure country, abrogation of Article 370, a uniform law (UCC) across the country, women's reservation and Ram temple, his popularity naturally becomes the strength of the BJP, he added. "He is our biggest leader."

He accused the main opposition party of misleading people on the issue of Muslim reservation, insisting that its accusation that the BJP has been telling a lie rings hollow as it has already implemented such a religious quota in Karnataka and Andhra Pradesh.

"If they divide the truth in pieces to mislead people, then isn't it our duty to put these pieces together and inform people," he said, defending Modi's intense attack on the Congress over the religious quota and the issue of redistribution of wealth.

"You might have heard and understood Rahul Gandhi's X-ray speech. So you want X-ray of what? And if you want to distribute it equally, then who will you distribute to? Manmohan Singh Ji said minorities are their priority. What do you make of this," he asked when questioned about the Congress's allegations against Modi.

To a question about the Congress's promise of giving Rs 1 lakh to women in poor households, he said the party has a history of making populist assurances to come to power but never fulfilling them.

Shah said, "They are in power in two-three states. They should at least fulfil this promise there. At least start giving Rs 1,500 which you promised (in Himachal Pradesh). You are talking about Rs 1 lakh, at least start giving Rs 1,500. Who will trust them."

Making his projection for the BJP in the states where the ruling party is eying major gains, he said it will anywhere between 24 to 30 seats in West Bengal and 16-17 in Odisha. Its alliance will bag nearly 17 seats in Andhra Pradesh. The three states have 42, 21 and 25 Lok Sabha seats, respectively.

Shah claimed that the BJP is set for a maiden majority in the Odisha assembly and expects to win 75 seats in the 147-member House. Its alliance will storm to power in Andhra too, he said.

People are angry with the Mamata Banerjee-led government over issues of corruption, cow and coal smuggling and infiltration, and the Sandeshkhali issue has exposed as to what extent she can stoop in her appeasement politics, he said.

With Modi spearheading the BJP's push in Tamil Nadu and Kerala, two states where the party has been so far unable to make much headway, in these polls, Shah said the party will certainly increase its vote share in the Dravidian state.

He said, "It is a very tight contest. We have a new team. I will not make an estimate with figures. But our seats and vote share will increase and we will certainly lay a strong foundation in Tamil Nadu. We can open our account in Kerala. We are in a good position in three seats."

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