Fakeindianbbahu's Blog

A Sensitive and Logical Young Indian Female's Blog

Justice Verma Seeks Suggestions from Public on Rape Laws : Email ID and Fax Details included in Post


The suggestions can be sent at email ID – justice.verma@nic.in or through FAX at 011-23092675.

Anyone willing to Copy Paste my suggestions are REALLY WELCOME!!I have no issues.We need people in number to get laws and scenario changed.You see on the huge protest in Delhi is bringing a start in change.Verma Commitee Rape Suggestions

http://economictimes.indiatimes.com/news/politics-and-nation/delhi-gang-rape-justice-verma-committee-begins-work-seeks-public-comments/articleshow/17743956.cms

NEW DELHI: The three-member committee of jurists, constituted to give recommendations on amending laws to provide speedier justice and enhanced punishment in sexual assault cases, began its work today by issuing notice seeking public comments on the issue by January 5.

The committee headed by former Chief Justice of India J S Verma sought comments from the public in general, particularly eminent jurists, legal professionals, NGOs, women’s groups and civil society members on reviewing the existing laws in a bid to provide quicker justice and stringent punishment in cases of aggravated sexual assault, an official statement said.

The comments can be sent at email ID – justice.verma@nic.in or through FAX at 011-23092675.

The committee, which was constituted after public protests erupted over the Delhi gangrape case, will look into possible amendments to the criminal law for faster trial and proper punishment for criminals accused of committing sexual assault of extreme nature against women.

The other members of the committee, constituted by the government, are Justice (retd) Leila Seth, former Chief Justice of Himachal Pradesh High Court, and Gopal Subramanian, former Solicitor General of India.

The panel has been given 30 days to give its report to the government.

—————————————————

I have already sent my suggestions : below are the details

Suggestions for Rape Law and also Medico Legal Rape Examinations of Victim

Dear Justice Verma
Here are my Suggestions for Rape Law-IPC-CrPC and also Medico Legal Rape Examinations of Victim
First on Medico Legal Rape Examinations of Victim :
1) The Two finger Test should be Banned : It is still carried out that too without victims consent, It is a sexual assualt a second rape.Though it has been SC ruling of no relevance as rape is a rape, it doesnt matter if the person is habituated to Sex. Why is virginity and related matter and elasticity of Vagina related to rape ???
!City hospitals show two fingers to rape victim’s pain and SC ruling!  http://newindianexpress.com/thesundaystandard/article549495.ece

2) Format for Medical Examination should be Updated with removal of Two Finger Test In ALL INDIA HOSPITALS IMMEDIATELY.
As per  Union Health Ministry ,it decided to make the finger test optional in March 2011. As per the changes, the finger test should be done only if the doctor finds it necessary, and that too, with the consent of the victim.”

The Indian government amended its evidence law in 2003 to prohibit cross-examination of survivors based on their “general immoral character”
But still it is followed as a rule

3) Attached is a WHO report on Two Finger Test , which absolutely not used anywhere in world except India , that too even on children  ..What a Shame.

3) Immediate Rape Kit given to the Victim : That includes the victims health and forensic evidence collection kit

A rape kit consists of small boxes, microscope slides and plastic bags for collecting and storing evidence such as clothing fibers, hairs, saliva, semen or body fluid, which may help identify the assailant and provide evidence supporting prosecution in a criminal trial.[3][4] The process of collecting the evidence for the kit takes hours.[5]
Although a rape kit’s contents may vary by location, it may include:[1][6][7]
  • Instructions
  • Contraceptive
  • HIV retroviral drugs
  • Bags and sheets for evidence collection
  • Swabs for collecting fluids from the lips, cheeks, thighs, vagina, anus, and buttocks
  • Blood collection devices
  • Comb used to collect hair and fiber from the victim’s body
  • Clear glass slides
  • Envelopes for preserving the victim’s clothes, head hair, pubic hair, and blood samples
  • Nail pick for scraping debris from beneath the nails
  • White sheets to catch physical evidence stripped from the body
  • Documentation forms
  • Labels

Second ON Rape Laws :

1) Ask the Victim for the punishment , Like in this Case of Delhi Gang Rape.Like she can ask of removal of all intestines of all the accused , surgically and given for donation whereever it matches.OR Death as this is a near death or no surety of life or a normal Life

2) All In camera trials

3) Non Biased approaches by HC or Trial Court Judges : We have seen judgements like : Appoint Proper Judges.

  • -Though the girl was aged about 20 to 23 years and was unmarried but she was found to be “habituated to intercourse.” This makes her to be of doubtful character.- Jharkhand High Court, 2006
  • -She was complaining pain and the vagina was admitting 1½ finger [sic] ….From the medical report it is clear that the prosecutrix was not a girl of lax moral and she was not “habituated to sexual intercourse” and most probably, that was her first experience as the doctor has observed reddishness on her vagina and blood secretion and pain on touching the vagina   – Chhattisgarh High Court, 2007
  • – Mathura, 16, was accused of being a liar. It was stated that since she was ‘habituated to sexual intercourse’ her consent was ‘voluntary’; under the circumstances only sexual intercourse could be proved and not rape.-The Bombay High Court set aside the judgment of the Sessions Court, held that passive submission due to fear induced by serious threats could not be construed as consent or willing sexual intercourse.-However, the Supreme Court again acquitted the accused policemen. The Supreme Court held that Mathura had raised no alarm; and also that there were no visible marks of injury on her person thereby negating the struggle by her.The Court in this case failed to comprehend that a helpless resignation in the face of inevitable compulsion or the passive giving in is no consent. However, the Criminal Law Amendment Act, 1983 has made a statutory provision in the face of Section.114 (A) of the Evidence Act, which states that if the victim girl says that she did no consent to the sexual intercourse, the Court shall presume that she did not consent.
  •  In Mohd.Habib Vs State, the Delhi High Court allowed a rapist to go scot-free merely because there were no marks of injury on his penis- which the High Court presumed was a indication of no resistance.The most important facts such as the age of the victim (being seven years) and that she had suffered a ruptured hymen and the bite marks on her body were not considered by the High Court. Even the eye- witnesses who witnessed this ghastly act, could not sway the High Court’s judgment.
  • Another classic example of the judicial pronouncements in rape cases is the case of Bhanwari Devi, wherein a judge remarked that the victim could not have been raped since she was a dalit while the accused hailed from an upper caste- who would not stoop to sexual relations with a dalit.
  •   Sakina- a poor sixteen year old girl from Kerala, who was lured to Ernakulam with the promise of finding her a good job, where she was sold and forced into prostitution. There for eighteen long months she was held captive and raped by clients. Finally she was rescued by the police – acting on a complaint filed by her neighbour.With the help of her parents and an Advocate, Sakina filed a suit in the High Court- giving the names of the upper echelons of the bureaucracy and society of Kerala.The suit was squashed by the High Court, while observing that ‘ it is improbable to believe that a man who desired sex on payment would go to a reluctant woman; and that the version of the victim was not so sacrosanct as to be taken for granted.From here, http://www.legalserviceindia.com/articles/rape_laws.htm
  • The Bombay High Court has reduced punishment for a man convicted of sodomising a 10-month-old girl child, accepting his contention that he lost control over himself as he was living away from his family. Does a rapist deserve a reduced sentence because he lost control since he was living away from his family
Isn’t it essential that we make sure that it is understood by all that lack of consent is rape, and ‘Only yes means Yes’ even if the woman was  wearing a salwar kurta in Andhra or Jeans in Haryana or UP; or dancing in a pub in Mangalore and Kolkata; or drinking in Guwahati; celebrating a birthday party with friends in Noida; or was outside her house or took a radio cab after 8 pm in Gurgaon?
And that it’s Rape even if the rapist was living with his family, away from his family, was drunk, was well known, was of a certain caste, was a family man, was young, needed to support his family etc.

4) Term should be nothing less than Surgical Castration  + Mentality Counselling (Chemical Castration is reversible once injections are stopped and the accused hast come voluntarily to get castrated as police cannot track them regularly, what a joke …Moreover Rape is about domination , misogyny …)

5) Rapist and Sex crime Offenders or even accused should be electronically Tagged and have daily and weekly Police Station Mandatory Visits , as there can be alerts in the area for the police to prevent any more repeat crimes.

6) Financial compensation by Accused thruout life

7) Mandatory Create a National Database Online so that they are not employed in any sensitive places

8) When A Shoddy Investigation / Incomplete investigation OR Even Delayed Investigation done by Police , The Victime should not be liable to Prove , The court Judge as his duty and part of New Rape Laws should have a case registered against Police for trying to help the accused.This is very important as this is the basic reason where Police is not accountable and hence used nicely for acquitting accused

9) In general Irrespective of Rape/Sex Crimes : The writing of FIR why is it at the discretion of the Police. FIR means First Information Report , why Police decide based on his individual and personal opinion whether to Register FIR or Not ????????????????.I am sure this done
a) To have lesser followups
b) To show lesser crime rate in their area
c) Mindset , that this crime is simple or Deeply Patriarchial Mindset
d) To get bribe from Accused
e) Follow the Colonial style police which is meant to protect Govt/High powered individuals not the common – man

10) Trials should be fast at FIR, Investigation, Chargesheet and Verdict level , As why should a victim for no fault of her/him should waste her/his life around this Sex Crime which she/he is at NO fault.Victim should be able go ahead with life and move in out for their normal Studies/Career and not make this Crime done other/others as the only main work of her/his life.Take case of a young IT professional , because she has complaint against a crime , she has to sacrifice her Job posting , Career related decision to move to another country etc etc…
Also why she has to see the same faces of  the offender , who should actually be in Jail not on Bail..
She finally thinks what a mistake and waste of time due to Slow Courts.She should have kept mum..??????

11) Coming to Juvenile Laws : How is a Juvenile Law defined …
Crime perpetrated by under 18 person , their act be considered as an act of innocence as per the law.
So we have to look at definition of Innocence in each case to case basis.
Do you think , a 17 yr 8 months old person in next 4 months will have sudden transformation into an adult or even a 17 yrs 11 months and 29 days old person will overnight be an adult with sudden brain change. NO..For God sake LAW is supposed to be LOGICAL NOT BLIND.
In the Delhi GangRape case, The just under 18 person was brutal of all and also knew how to save himself and overpower others.Do you think a juvenile can overpower an adult or 23 yrs and 26 yrs old , he is not an juvenile , in that case.He knows to remove evidence he has to shove the Victims under the bus and crush them, what are we talking about …Juvenile , I again repeat For God sake LAW is supposed to be LOGICAL NOT BLIND.
What examples are we setting we have think as a society and Laws are meant for a better society and support of Civilised society.
The brutal just under 18 person is a threat to anyone as he gets a message that he can get rid with nothing until he is
17 yrs 11 months and 29 days old.This is exactly going on in Gangs who do Burglary who hire young under 18 people to do that , Police cannot act on then under IPC and hence no record and they are just given warnings and they are off and for whole life they learn a lesson that they can go scott free , as they do not learn law that after 18 you will be punished , instead they feel empowered.

12) There should be change in IPC and CrPC for Police as almost all the police staff understand that not the Judicial Laws. They act as per that.I personally know when we talk on laws , only lawyers inform them and they do not understand them , how can they , else they would have been ;awyers or Judges, Even Common man cannot else we would have been lawyer and judges.We all common man cannot be a reference library of Law neither police , Please amend the IPC and CrPC in conjunction to Rapelaws , else half work done is of no use Sir.

13) Order a Regular Equality Sensitization Program on National Channels , Schools , Office , Factory , for Abolishing Patriarchy , simple from Fathers Name or Husbands Name in all docs should not mandatory , Making men eat food before women , Media showing Men slapping women for non conformance, Ideal Daughter In Law , Menstruation as an unholy function of body etc etc…Basically to stop Seasoning of Boys and Girls for Patriarchy.

14) There should be a Sensitivity Test like Driving test at time of Getting Adhaar Card / Ration Card / Marriage Certificate/ Birth Certificate /Pension certificate etc..
It should not be a standard test , which anyone can copy , it should be random like CBSE board exams.

Finally , All the laws : Judicial , IPC , CRPC , FIR , Medical Examination ,Equality Sensitization Program on all levels- regularly.

Regards,
A frustrated Citizen

 

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December 24, 2012 Posted by | child rights, constitution laws, Indian women | 11 Comments

Not a country for Women


See our attitude towards women.

How they are threatened by normal women , their assertiveness threatness men and they feel the need to teach them a lesson due to their upbringing.

We feel so threatened that we brutalize her on every pretext from birth-dowry-assertiveness-inlaws-dress-freedom- to keep her in place

See how lyrics are cheap.How people are cheap.

See how we molest them and everybody watches silently.

How we feel the right to slap a women on every pretext.

How everyone objectifies women

How we have the right to advice her on every nonsense we our brought up with.

We are not Ok with cigarettes in the item song , but ok with 300 odd men trying grope a Happily Dancing SuperStar.We are OK with our children watching it and dancing to it and children take that message well.Item numbers looks like some failed attempt of molestation or even successful molestations sometimes.

Our Indian Culture : Indian Ranked worst country for Women in all G20.

We Worship Godessess.

[Thanks to IndianHomeMaker.wordpress.com for the Video Sharing]

Someone commented : When biggest icons of the masses like Salman Khan or Akshay Kumar eve teases or comments on just the sexuality of the women, everyone thinks its ok to do that. Its just not about bollywood or media, its the basic respect towards women. When majority of women portrayed in media are sex objects ( items ) where is the respect ? Its in the subconscious. mooh me le. is not artistic freedom but an utter misuse of the power.

December 24, 2012 Posted by | Indian women | Leave a comment

Rape : Doctors are more interested in the elasticity of the Vagina(against the SC order) instead of collecting swabs


I am really baffled by the India Evidence Act incase of rape that is premedieval , it is unchanged and followed since 1860 …Doctors follow that thru their text books and Victims of Rape get raped second time.

!City hospitals show two fingers to rape victim’s pain and SC ruling!  http://newindianexpress.com/thesundaystandard/article549495.ece

“As per  Union Health Ministry ,it decided to make the finger test optional in March 2011. As per the changes, the finger test should be done only if the doctor finds it necessary, and that too, with the consent of the victim.”

The Indian government amended its evidence law in 2003 to prohibit cross-examination of survivors based on their “general immoral character

“Surprisingly, there is so much confusion on the ban on the two-finger test, that even law enforcement agencies are not aware of new guidelines. A Delhi police official in charge of rape cases, when asked why he doesn’t take action when doctors conduct PV (per Vaginal) test on victims, said, “Without the test, how will one know if the person has been raped or not?”

This becomes a matter of concern when a victim finds herself in the hands of protectors and law enforcement agencies who are themselves unaware of the law.

There is a serious need to update the FORMAT in Hospitals Immediately

The need to simplify the format of tests on rape victims was initiated by the National Commission for Women (NCW) which approached the Health Ministry in 2010, after a report by Human Rights Watch found that “many Indian hospitals routinely subject rape survivors to forensic examinations that include the unscientific and degrading finger test”. 

There was a recent Gangrape in Bangalore with a Law student and Police said the rape couldnt be confirmed : As per a local channel doctors were looking for her hymen intact or not…using their 2 finger , but all the other forensic evidence collection was done shoddily . (Other factor , all finger sizes are difference , well this degrading test itself is not needed)

http://mobiletoi.timesofindia.com/mobile.aspx?article=yes&pageid=4&sectid=edid=&edlabel=TOIBG&mydateHid=17-10-2012&pubname=Times+of+India+-+Bangalore&edname=&articleid=Ar00400&publabel=TOI

The doctors who examined her were more concerned about the elasticity of her vagina than finding forensic evidence of the gruesome crime.

Even though Supreme court has ruled that Two finger test has no relevance ,despite of that the test is performed routinely on Rape complainants and that too without their consent , which amount to Second Rape as this is a violation of victims body for a non required test and somehow not updated in their medico-legal procedure through out India despite Supreme Court Ruling .There is a Ban in Delhi and Maharashtra for this horrible two finger test still it is done despite of the Victims condition .

Not only this is the end , even 2yr old child goes thru this test , why???????..As per Supreme court the Forensic Evidence should be collected more properly rather than Raping Second time.

As per WHO : forensic examinations should be minimally invasive to the extent possible and that even a purely clinical procedure such as a bimanual examination (which also involves the insertion of two fingers into the vagina) is rarely medically necessary after sexual assault.

Attached is a Report By WHO on Dignity in Trials For Rape , Which India misses Grossly –

india0910webwcover

Sample Testimony From the Report

The clerk told me a male doctor will conduct the test [forensic examination] and asked me whether that was ok. I said “yes.” But other than that, I did not know what they were going to do. I was so scared and nervous and praying all the time: “God, let this be over and let me get out of here fast.” I did not even know it was going to be like a delivery examination [an internal gynecological examination].

– Sandhya S. (name changed), adult rape survivor, Mumbai, August 2, 2010

In cases of very young girls – girls below [age] 12 or 13 – they [police officers and hospital staff] believe it is a case of sexual abuse. But if they are older, then they believe that the girl is trying to falsely frame someone. Their belief changes the way they address the survivors. They are very rude and disrespectful. They will say things like, “Why are you crying?” “You have only been raped.” “You are not dead.” “Go sit over there.” And order them around.

– Dr. Rajat Mitra, director, Swanchetan, a nongovernmental organization that provides counseling services to rape survivors, Delhi, May 25, 2010

Where the defense takes the line that there was consent [to sexual intercourse], usually they also look to medical evidence for support. And if the medical report says anything about the finger test, then they draw it out in court – saying she was “habituated” so consented and is falsely implicating the accused.

– Dev D. (name changed to maintain anonymity as requested) a former public prosecutor, New Delhi, May 22, 2010

The finger test is relevant for the defense especially if the prosecutrix [term used to refer to a rape survivor during trial] case is that the woman is unmarried [as opposed to a married woman who is assumed to be “habituated to sex”]. Then if the medical report says that two fingers have passed, the defense can show that she is habituated. This shakes the testimony of the prosecutrix.

– Radha M. (name changed to protect identity), a former chief public prosecutor, location withheld, May 11, 2010

Sample Extracts From Judgments

“Though the girl was aged about 20 to 23 years and was unmarried but she was found to be “habituated to intercourse.” This makes her to be of doubtful character.”

– Jharkhand High Court, 2006

“She was complaining pain and the vagina was admitting 1½ finger [sic] ….

From the medical report it is clear that the prosecutrix was not a girl of lax moral and she was not “habituated to sexual intercourse” and most probably, that was her first experience as the doctor has observed reddishness on her vagina and blood secretion and pain on touching the vagina.”

– Chhattisgarh High Court, 2007

At the launch of the above  report in Mumbai, Flavia Agnes, women’s rights lawyer and director   of Majlis, said, “Forensic practices are biased against women and   doctors are concerned about protecting the accused. The prosecution   follows a fixed pattern, and the entire process remains full of stereotypes…this   is how a rape victim must behave, this is how her body structure must   be, this is how the elasticity of her vagina must be…This just cannot   work.”

We are allowed to have live-in relations , free to have sex as per our choice, but we all are interested in Virginity of a women , can call her characterless and acquit the Rapists.Wow , I  love our Judges , who pose their individual regressive minds and decide a more crime affectionate future to the Rapist.The defense lawyer overturns the whole case by this 1860’s primitive law , why not anus of the accused man checked for elasticity if he is a Gay or not , may be that the defense lawyer can use.

http://soniasarkar26.wordpress.com/tag/supreme-court-on-two-finger-test/

Legal experts dealing with cases of rape tend to agree with that. “The test violates the fundamental right to privacy of the victim,” says criminal lawyer K.T.S. Tulsi. He adds, “Plus, the act of determining if the victim is habituated to sexual intercourse or not is itself degrading for a woman. In a way, this means that rape of a woman habituated to sexual intercourse is justified. It questions the moral character and dignity of a woman and increases the prejudice which exists against a survivor.”

Can this ruling be properly informed to ALL INDIA POLICE and HOSPITALS and JUDGES. The law handlers and doctors do not know , shame …How can a victim know on this ??????????????????????????????????????????

This test has to be BANNED , Recently a Govt Committee mooted for a BAN , but still that BAN request is lying somewhere.

http://realityviews.blogspot.in/2012/01/understand-what-is-two-finger-test-of.html

This test is more of a moral evaluation by Un-informed and Arrogant Doctors.This test is done only in India and not even heard of in other countries.

Imagine a Sport Woman or a Physically Active woman or for that matter any Lady with her freedom rights will fail it and will be of loose character and can never be raped as per Law makers.I am sure the Law related agencies never send their ladies to sports …..The whole system of even Educated People tend to enforce the Idea of Virginity in my great Rape Cultured Country.

Remember Victim has the right to Deny it with no effect on the case, The Doctor has NO right to say Victim is Unco-operative …..HC judges also have to be reminded continously on this…

December 24, 2012 Posted by | Indian women | Leave a comment

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