25 years' court data proves RSS chief wrong; 75% of rape convicts from 'Bharat'

January 5, 2013

shame_in_numberNew Delhi, Jan 5: Women's groups have criticised RSS chief Mohan Bhagwat's view on rape in "India" and "Bharat" for being regressive. But data shows that not only are Bhagwat's views regressive, they're also plain wrong.

While the National Crime Records Bureau does not split registered cases of sexual assault by rural and urban areas, Mrinal Satish, an associate professor of law at Delhi's National Law University, used court data to find that 75% of rape cases that led to convictions over the last 25 years were from rural India.

For his doctoral dissertation at the Yale Law School in the US, Satish looked at all high court and Supreme Court cases involving rape reported in the Criminal Law Journal (which reports criminal law cases) between 1983 and 2009 in which at least one court (trial court, HC or SC) had convicted the accused. The data thus does not include cases in which the accused was acquitted at all levels. Satish also had to leave out cases that were not for some reason reported in the Journal.

He found that over 80% of these rape cases in high courts and close to 75% of rape cases in the Supreme Court came from rural areas. Close to 75% of gang rape cases in HCs and 63% of gang rape cases in the SC came from rural areas. Over 65% of cases involving the rape of a child (less than 12 years old) came from rural areas. On average, 75% of all rape cases in higher courts that had led to at least one conviction came from rural areas. While the numbers are fairly proportional to India's rural/urban population, they do disprove Bhagwat's statement that rapes do not take place in rural areas.

"Rape as a tool of caste violence is rampant in rural areas," says Kalpana Viswanath of the women's rights group Jagori. "The controlling of women's bodies through institutions like khap panchayats is also a rural phenomenon," says Viswanath.

Moreover, activists hotly dispute Bhagwat's attempt to draw a correlation between "modernity" and rape. For one, custodial rape, which has little correlation with "modernity", is rampant in India. The case that changed the history of rape law in India, the Mathura rape case in which two policemen in north-east Maharashtra raped a tribal girl in a police station, was a case of custodial rape. Rapes of disabled women, patients in hospitals, children and older women - all with little association with "modernity" - are extremely common, Viswanath adds. "Ultimately this is an attempt to take the debate back to making rape the fault of women, rather than focusing attention on where it's needed, on society and institutions," says Viswanath.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 27,2020

New Delhi, Feb 27: The death toll in the communal violence in northeast Delhi over the amended citizenship law reached 32 on Thursday, senior officials said.

It was at 27 till Wednesday night.

"Five more deaths recorded at GTB Hospital, so death toll at that hospital has gone up to 30, taking total toll to 32," a senior Delhi Health Department official told news agency.

The Lok Nayak Jai Prakash Narayan Hospital had reported two fatalities on Wednesday.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
July 14,2020

Mumbai, Jul 14: Bhima Koregaon case accused Varavara Rao was admitted to JJ Hospital in Mumbai on Monday night.

Rao who is in Taloja proson was rushed to the hospital following complaint of dizziness.

Rao was arrested in November 2018 along with five others, for alleged links with Naxals and for inciting the violence.

On January 1, 2018, the violence at Bhima Koregaon village in Pune district left one dead and several others injured including 10 policemen.

Violence erupted after some people, reportedly with saffron flags, pelted stones at cars heading towards the village for the commemoration of 200 years of Bhima-Koregaon war on New Year's Day.

The police had filed 58 cases against 162 people.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.