‘Many of the cases are being reported by those women who have consensual physical relationship with a man but when the relationship breaks due to one reason or the other, the women use the law as a weapon for vengeance and personal vendetta to extort money and sometimes even to force the boy to get married to them,’ the court said in a recent order.

‘Out of anger and frustration, they tend to convert such consensual sex as an incident of rape, defeating the very purpose of the provision,’ Justice Gambhir said, while hearing a case related to a woman’s complaint against her lover in Rani Bagh area July 13, 2012.

The rape complaint was filed against Rohit Chauhan, who was allegedly in a relationship with the woman for three years.  The court said that in many cases the woman first agrees to have consensual sex but she files a rape case against her boyfriend when the relationship breaks up in order to ‘force him to get married, making not only mockery of the marriage but also inflate the statistics of rape cases’.

A trial court must cautiously examine the intentions of a complainant girl to find out whether the rape allegation was genuine or had malafide motives.

‘There is a clear demarcation between rape and consensual sex and in cases where such controversies are involved, the court must very cautiously examine the intentions of both the individuals involved and to check if even the girl, on the other hand, is genuine or had malafide motives.’

‘Cases like these not only make a mockery of the sacred institution of marriage but also inflate the statistics of rape cases which further deprecates our own society,’ the court said.

Source: IANS

The counsel told the court that he was apprehensive about the wellbeing of his client Sharma. He added that Sharma fell sick while in judicial custody and alleged that the jail authorities were not doing anything for the security and health of the inmates. During the cross-examination, a prosecution witness, who practices forensic odontology – the proper handling, examination and evaluation of dental evidence – told the court that the bite marks on the body of the victim were likely caused by two of the accused in the case.

The witness said that some of the bite marks on the victim reasonably matched the dental models of Ram Singh and probably that of Thakur. The witness said: ‘Based on the bite marks visible in the photographs 1,2 and 4, and their comparison with the dental models of the five suspects, there is reasonable medical certainty that the teeth of Ram Singh caused the bite marks. The same comparison was not true for the remaining four suspects as having caused the bite marks (in those photos).’

He added: ‘Based on bite marks visible in photograph 5 and their comparison with the dental models of the five suspects, the teeth of Akshay probably or most likely caused the bite marks. The same comparison did not hold true for the remaining four suspects as having caused the bite marks.’ The 23-year-old woman was brutally tortured and gang-raped in a moving bus Dec 16, 2012, by five men and a juvenile. She later died in a Singapore hospital. The juvenile is facing proceedings before a Juvenile Justice Board, while the four other accused were put up for trial in the fast track court. 

Source: IANS

According to the complaint lodged by the woman, on April 24, while she was in the hospital, the doctor administered her saline mixed with sedatives due to which she fell unconscious following which the accused raped her, Rathod said.

Based on her complaint, the Mumbra police registered an offence late last night against the doctor under sections 376 (rape), 328 (causing hurt by means of poison, etc, with intent to commit and offence) and 201 (causing disappearance of evidence of offence, or giving false information to screen offender) of the IPC and launched a search to nab him.

Manoj and Pradeep will be brought face to face after police conduct a test identification parade of the former. Pradeep told police that Manoj had come to his rented accommodation in Ghaziabad around 3 p.m. on April 15 where they ate chicken and consumed alcohol. 
‘They both returned to Manoj’s house in Gandhi Nagar in east Delhi. On their way they again bought alcohol and consumed it at Manoj’s room,’ ‘aid the police official.  The duo, who would watch porn clips on their mobile, then decided to call prostitutes. 

‘When Manoj went out of his rented accommodation, he saw the girl playing. He lured her and brought her to his room. Both of them raped her,’ said the officer.  After the attempt to slit her throat, Manoj locked the girl inside his house and along with Pradeep went to New Delhi Railway station.  They both boarded the train for Chhapra in Bihar where Manoj took Pradeep to his in-law’s place in Muzaffarpur.  Pradeep went to his maternal uncle’s place in Lakhisarai from he was nabbed.

The girl was abducted and kept hostage for two days without food and water in the room in which the attackers lived on the ground floor of a building in east Delhi’s Gandhi Nagar. The girl’s family stays in the same building. The girl was rescued when members of her family heard her screams April 17. 

Source: IANS

The two-finger test is an age-old practice which is considered barbaric and sexist my most developed nations but continues to be used in Indian hospitals to ‘predict’ if a girl was raped or if the sex was consensual. It’s performed by a doctor by inserting a finger in the female’s vagina to check the level of vaginal laxity, which is used to determine if she is ‘habituated to sexual intercourse’.

The efficacy of this test has been questioned because neither vaginal laxity and/or the absence of a hymen are any indicator of sexual activity. And also it’s not anyone’s business who the victims were having consensual sex with. A woman who sleeps with another man is not ‘fair game’. She is a human being who has the unequivocal right to say ‘Yes’ or ‘No’ to sex with a person. It’s shocking that a test like this was carried out in medical facilities in a democracy.

‘This test, even if the report is affirmative, cannot ipso facto, be given rise to presumption of consent,’ a bench of justices BS Chauhan and FMI Kalifulla ruled. The Justice Verma Committee had also spoken out against the test. ‘Such tests are not only inhumane, but they also shatter the girl, who is already traumatised, to another round of humiliation. The apex court has brought relief to all the victims,’ SC lawyer Rekha Aggarwal said.

One month ago the health ministry along with the ICMR had drawn up a new set of guidelines to deal with sexual assault cases which were presented in the Rajya Sabha

To put an end to this, health ministry along with Indian Council of Medical Research (ICMR) has drawn a new set of guidelines to deal with sexual assault cases. Let’s see where that goes… 

The girl, who was abducted March 15 by the eight men, including some known to her, and released from her ordeal March 24, consumed an overdose of sleeping pills  morning at her house in Farsh Bazar area in east Delhi. Meanwhile, police arrested another accused in the case taking the number tally to six.

‘Out of 8 accused, six people have been arrested. One was arrested today (Monday),’ said a police officer. Earlier, the girl was admitted at the Hedgewar Hospital in east Delhi. The victim’s family had also complained of police apathy in the case. Police swung into action on the orders of the Karkardooma court, which the family approached April 9 after earlier reportedly taking no action on their complaint.

The 13-year-old victim and her 12-year-old brother were abducted by two men known to her on March 15 from outside her house and taken to Loni on the city outskirts. There six accomplices of the two abductors joined them and raped the girl in a house, a police officer said. The boy was released the next day.

The incident comes even as the capital is witnessing outrage over the rape of a five-year-old girl whose family has alleged that Delhi Police tried to bribe them with Rs.2,000 to hush up the rape. Three Delhi Police officials, including an Assistant Commissioner of Police, have been suspended for failing to act promptly in the rape case or for behaving improperly with protesters.

Surce: IANS

Before you think how incompetent the editor of the site has to be allow such a grammatically incorrect headline, let me clarify that this is a real search query that some one had on our site. This question is so deep at different levels, that it is astounding. It shows how most Indian men see us women – a collective pool of vaginas floating around – to be used and abused when they need to.

Having lived in Delhi (and two other metros) for a while , I can personally compare the experiences of a girl/woman whilst going about her routine – travelling, shopping or doing something as ‘non-sexy’ as eating. One of my attempts at boarding a DTC bus in Delhi alone when I was just 14 ended in four men surrounding me and asking me to come with them. Thankfully, people did come to my rescue when I screamed.  Things have only gotten worse now with men not sparing even innocent kids who don’t even know the word ‘sex’. Perhaps the English alphabet books in India should teach them that ‘S stands for sex’ instead of ‘sun’ or ‘sand’ like they are taught. 

What do the moral police who think women are ‘asking for it’ when they get raped have to say now? Did the 5-year-old dress provocatively? Did she act salaciously? Was she out with some male other than her husband? Did she smoke? Was she drunk?

What went on in the mind of the rapist? Did he choose a minor just because he could get away with it? Wasn’t he scared of the consequences – the police, the law, the punishment? What drives a man to such a heinous crime? Even after Nirbhaya’s case getting so much media attention finally moving the public out of their homes? Is it a case of some men being ‘possessed’ by the devil himself? Or is it a case of rapes getting the publicity and public support only now, which for years were conveniently brushed under the carpet for the fear of the victim and the family being ostracized by society?

I am scared – for my 8-year-old daughter, for my 70-year-old mother-in-law. Age, looks, social status, nothing matters anymore. No one is safe.  After all, we are nothing but ‘India’s vaginas’.

The five-year-old girl was abducted April 15 and kept hostage for two days without food and water in a room in which the attacker lived, on the ground floor of the building in east Delhi’s Gandhi Nagar, in which the victim’s family also stayed. The girl, who was repeatedly raped and brutalised, suffered severe injuries to her private parts. The incident has yet again raised questions about the safety of women, particularly minors in the country.

The rape – and the street protests – brought back horrific memories of the Dec 16, 2012 gang-rape of a 23-year-old trainee physiotherapist, who later died in a Singapore hospital where she was air-lifted for specialised treatment. The girl was brutally tortured, with an iron rod inserted into her genitals and her intestines removed.
The recent brutal cases of sexual violence are a reflection of rebound cumulative effect, said Delhi-based psychiatrist Nelesh Tiwari. 

He claimed that individuals perpetrating such crimes usually ‘come from the weaker sections of society’, and have weak personalities.  ‘These people accumulate lot of anger against the society. When they find a vulnerable women or a minor, they feel a sense of power. First, they try to exert their domination sexually, but eventually it leads to physical violence,’ Tiwari told IANS.

Echoing this, clinical psychologist and special educator Sippy Ripan said the culprits are products of the country’s socio-economic mismatch and dis-uniformity.  ‘Frustration among individuals belonging to socio-economical backward sections, generally translates into sexual violence. There is a strong feeling of control in rape for the offender. Thus they pick up on a soft target where they can exert their domination,’ said Ripan. 

He said case histories of such crimes reveal that such actions are done in an intoxicated state, where the sexual urge of perpetrators flares up when they see a woman or minor.  Ripan said such individuals are primarily sociopaths or psychopaths or people suffering from mental illnesses and disorders, adding that 99 percent of such offenders cannot be reformed. 

‘They usually lack remorse. They are very well aware of their actions. Nothing is accidental as they actions are usually planned. They manipulate a victim’s vulnerabilities. These people are beyond any reformation,’ he told IANS.  Recent data revealed that one in three of the rape victims in the country was a child. More than 30,000 crimes were committed against children in India in 2011. Further, more than 7,200 children, including infants were reportedly raped every year.

According to Nimesh Desai, the criminal tendencies of such culprits depends upon the psychological environment and social-control mechanism in the society.  ‘Individuals with such criminal tendencies have a bizarre perverse tendencies with usually remain contained due to various social controls and legal mechanisms. Otherwise, such people exist in every society,’ Desai told IANS.

Stating that the social controls and legal mechanisms of the country need to keep in pace with the changing dynamics of society, the psychiatrist said the control may be lost gradually if there is no constant pro-active policing and judicial actions. ‘We would be living in a fools paradise, if we deny that such people don’t exist in our society,’ Desai said.Delhi, described as India’s ‘rape capital’ has seen 393 rape cases in three months as compared to 152 cases in the corresponding period in 2012.

Source: IANS

Senior advocate MN Krishamani said the government urgently needed to take pro-active steps  to block all pornographic websites that were affecting the ‘peace of mind, health and wellness, happiness and human potential’.   ‘Absence of internet laws encourages watching porn videos since it is not an offence. This has led to a situation where more than 20 crore porn videos/porn clippings are available in the Indian market, which have been downloaded from the internet,’ the petitioner said through his counsel Virag Gupta.

Not surprisingly, many lawyers stood up before the bench in support of the petition, with Vijay Panjwani, saying the IT Act was ineffective in dealing with the situation created by free availability of pornography, including child pornography, as only a government servant could be a complainant for action against service providers.  The petitioner said, ‘Porn is always on demand and watching brutal form of porn increases the viewer’s appetite for similar actions within society. Pornographic literature seeks to confirm that people are objects who can be sold and bought in the market. It treats sex as a commodity and exploits it commercially. When exploitation of sex is accepted in society, then all characteristics attributable to commercial exploitation also become acceptable which is to maximize profit.’  Vaswani sought a direction from the court to the Centre to formulate a national policy, action plan and draft a separate law to counter the proliferation of pornography on the internet.

India.com Health View

We are a nation of ostriches. We are willing to blame anything and everything – the stars, less clothes, Bollywood item numbers, staying out at night, greater number of single women, greater interaction between the opposite sexes, chowmein, Western culture and now pornography – for sexual crimes against women. Blame anything and everything other than chauvinist men, the true perpetrators of the crime.  We seriously doubt how many of the perpetrators carried out violent sex crimes after watching porn. And that still doesn’t explain how women who are dressed decently or even babies are raped. 

While we are not supporting pornography in anyway, the fact remains that we are a democracy which can choose what it wants to see, view or read. And if people want to watch porn, they will watch porn. Nothing’s going to stop them from doing that and the government would be wrong to force fake morality down our throats.  As a nation we have a million things worry about, people watching porn and losing their morality is not one of them. 

‘To carry a child in her womb by a woman as a result of conception through an act of rape is extremely traumatic, humiliating and psychologically devastating. ‘X’ hails from the poor strata of the society and is likely to face innumerable mental, physical, social and economic problems in future. There are no reasons to prevent her not to exercise her option voluntarily in her interest,’ said the court in the order passed on Friday.

The woman moved the high court saying she be allowed to terminate her pregnancy and to preserve the foetus for DNA test. In her plea, she contended that Kapil had established physical relations with her on promises to marry her. She however later came to know that Kapil was already married. She alleged that Kapil did not inform her about his marital status before seeking her consent for physical relationship and she became pregnant as a result of the alleged rape. The woman said that she is living alone with her friend in Delhi and her parents are not aware of her association with Kapil. She does not want to bear a child as she was cheated by Kapil and intends to punish him.

The court directed the SHO of the concerned police station with a woman police officer to accompany her and produce her before the medical superintendent, AIIMS within three days to get her pregnancy terminated. It added that a board of two medical practitioners would be constituted by the Medical Superintendent on that day itself. ‘The medical board would take the decision immediately for termination of the pregnancy and it will be terminated in accordance with the provision of Section 3 of the Act. They shall preserve the foetus and DNA test will be conducted thereupon and its report shall be produced before the trial court at the earliest,’ Justice Garg said.

The court further said that her friend shall be permitted to take her care, as volunteered to care of her during termination of pregnancy. ‘Needless to say, ‘X’ will be provided proper medicine, diet and nutritious food as may be necessary for her health. Copy of the order be sent to the medical superintendent, AIIMS,’ the order further read.

Justice Garg, before passing the order, met the woman in his chamber, in the presence of her counsel Kiran Singh in his chamber, where she has expressed her willingness to get her pregnancy terminated. The court also made enquiries from Kapil in the chamber separately and he had no objection to the petitioner (woman) getting her pregnancy terminated. He admitted that he was already married and has children.

The woman lodged report with police Jan 31, 2013 against Kapil for raping her. She was medically examined at AIIMS on the same day and it was found that she was having pregnancy of six weeks duration. Kapil was arrested and is in custody.

Source: IANS