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.

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Agencies
May 25,2020

Lucknow, May 25: Migrant workers who wish to return to their places of work after the lockdown is lifted, may no longer find the going easy now.

Uttar Pradesh Chief Minister Yogi Adityanath has said that his government will lay down stringent conditions for ensuring social security of workers from the state who are hired by other states.

"Other states will also need to seek permission from his government before engaging workers from UP," he said while addressing a webinar on Sunday.

The Chief Minister stated, "If any state wants manpower, the state government will have to guarantee social security and insurance of the workers. Without our permission they will not be able to take our people," he said.

He said all migrant workers who have returned to the state were being registered and their skills were being mapped by the administration. Any state or entity interested in hiring them will need to take care of their social, legal and monetary rights.

Speaking about the challenges his administration had faced during this crisis, the Chief Minister said, "When I talk of Uttar Pradesh, then it is natural to say that it is the state with the highest population. We have faced several challenges during the lockdown. At the beginning, migrant workers and labourers started coming to the state. We deployed 16,000 buses and within 24 hours, they were brought back to their home districts and arrangements were made to screen them."

Yogi Adityanath took a dig at the opposition leaders for the migrant crisis. "During the lockdown, if those who now raise slogans for the poor had honestly cared about workers, then migration could have been stopped. This did not happen. No facilities were given. At several places, electricity connections were cut, so people had to migrate." he said.

Legal experts, meanwhile said that requiring government permission for employing people could face a legal challenge as the Constitution guarantees the freedom of movement and residence and employment of workers.

"Article 19 (1)(D) guarantees freedom to move freely, and 19(1)(e) the freedom to settled in any part of the countryso the need for permission can be legally challenged," said a senior lawyer.

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Agencies
January 24,2020

Indore, Jan 24: Around 80 Muslim leaders of the BJP in Madhya Pradesh on Friday resigned from the primary membership of the party in protest over the Citizenship (Amendment) Act, calling it a "divisive" measure.

One of the leaders, Rajik Qureshi Farshiwala, said around 80 Muslim partymen have resigned from the BJP's primary membership after writing to the newly-appointed national president, J P Nadda, on Thursday.

These leaders, who dubbed the CAA "a divisive provision made on religious grounds", include several office- bearers of the BJP's minority cell, he said.

"It was becoming increasingly difficult for us to participate in our community's events after the CAA came into existence (in December 2019).

"At these events, people used to curse us and ask us how long we plan to keep quiet on a divisive law like the CAA?" he said.

"Persecuted refugees of any community should get Indian citizenship. You cannot decide that a particular person is an intruder or a terrorist merely on the basis of religion," Farshiwala added.

In their letter, the Muslim leaders stated, "Citizens have right to equality under Article 14 of the Indian Constitution. But the BJP-led Central Government is implementing the CAA on religious grounds.

"This is an act of dividing the country and against the basic spirit of the Constitution."

Some of the leaders who have resigned are considered close to BJP general secretary Kailash Vijayvargiya.

When asked about the development, Vijayvargiya on Thursday evening said, "I am not aware of the matter. But we will explain (about the CAA) if a person is being misled."

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News Network
April 15,2020

New Delhi, Apr 15: The Union Health Ministry has identified 170 districts as COVID-19 hotspots and 207 districts as potential hotspots, officials said on Wednesday, reiterating that there has been no community transmission of the disease in the country so far.

Addressing the daily briefing to provide updates on coronavirus situation in the country, Joint Secretary in the Ministry of Health Lav Agarwal said that states have been asked to classify districts which have reported a higher number of cases as hotspots, the districts where cases have been reported as non-hotspots, and green zones where no cases have been reported.

"Hotspots are those districts which are reporting more number of cases or where the rate of growth of COVID-19 cases is high," Agarwal said, adding a detailed direction has been issued to states stating consolidated efforts are required to utilise this period of lockdown to curb the spread of the virus.

"Cabinet secretary held a video conference today with all chief secretaries, DGPs, health secretaries, collectors, SPs, municipal commissioners and CMOs where hotspots were discussed and orientation on field level implementation of containment strategy was given.

"They were told about large outbreak containment strategies, cluster containment strategies. Delineation of buffer and containment zone, parameter mapping, defining of entry and exit points were also discussed in detail," he said.

The joint secretary said movement of people will not be allowed in containment zones except for those related with essential services and special teams will search for new cases and samples will be collected and tested as per sampling criteria.

The officials said that health facilities in buffer zone outside the containment zone will be oriented and people facing SARI and influenza-like symptoms will be tested there.

"Special teams have been formed which will work in containment zone and do contact tracing and house-to-house surveys. Cases of fever, cough and breathlessness will be identified in the survey and requisite action will be taken as per protocol," Agarwal said, adding that there has been no community transmissions so far but some local outbreaks.

The total number of COVID-19 cases in India has risen to 11,439 with 1,076 fresh cases reported in the last 24 hours while the death toll stands at 377, the ministry official said.

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