Delhi gang rape accused says police tortured him

January 11, 2013

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New Delhi, Jan 11: One of five men charged with the gang rape and murder of a 23-year-old physiotherapy student said police tortured him in custody and he and at least three of his co-defendants say they are innocent, lawyers said on Thursday.

The five accused arrived in court for a closed hearing with their faces covered by scarves, and accompanied for the first time by defence lawyers.

The woman died on December 29, two weeks after being raped on a moving bus in New Delhi, then thrown bleeding onto the street along with a male friend who was also beaten. Nationwide protests followed against a perceived failure by authorities to stop violence against women.

One of the accused, Mukesh Singh, the brother of a bus driver who police say was the leader of the gang, will base his defence on police brutality, his lawyer said.

"Mukesh was illegally tortured in the custody of the police," said the lawyer, Manohar Lal Sharma.

Sharma said police had sexually assaulted his client with a stick and humiliated him. "They urinated in his mouth, they did all kinds of things to him. He is facing the same torture now from the jail inmates," he said.

A spokesman for New Delhi police was not available for comment.

The five face various charges including murder, gang rape and abduction and prosecutors have said they will seek the death penalty. A sixth suspect is being investigated separately to determine if he is below the age of 18, as he says he is.

The case has shone a light on a widespread problem of violence against women but also the failure of the criminal justice system to bring the guilty to justice in a country where official statistics show a rape is reported every 20 minutes.

The men were arrested in the days following the December 16 attack when the bus was identified by footage on security cameras, leading police to the driver and alleged gang leader Ram Singh.

Singh, who lived in a New Delhi slum, told his lawyer, V.K. Anand, that he was innocent during a two-hour meeting in Delhi's Tihar jail, the lawyer said.

Two other accused, gym assistant Vinay Sharma and bus cleaner Akshay Kumar Singh, say they were falsely implicated, said their lawyer, A.P. Singh.

"I will ... prove their innocence," the lawyer said after the hearing.

The fifth man has yet to be assigned a lawyer and it is not known what he has told court or how he intends to plea.

Charges against the sixth member of the group have not been brought while police complete an inquiry to confirm his age. If he is found to be below 18 he will be tried in a juvenile court and if convicted will go to a correctional home, not a prison.

GROUNDS FOR APPEAL?

For days after their arrest, none of the men had a lawyer. Most members of the judiciary refused to represent them because of the outrage over the attack.

Police conducted extensive interrogations of the men in the absence of any lawyer and they say they have recorded confessions.

The hearings, which are closed to the media, are taking place in a court across the street from a cinema where the victim watched a movie before boarding the bus with a friend who was also severely beaten.

Prosecutors say they have a large file of evidence, including statements and DNA from blood-stained clothing recovered by police.

But legal experts had said the earlier lack of representation for the five suspects could give grounds for appeal if they were found guilty. Convictions in similar cases have often been overturned years later.

The trial will be conducted in a special fast-track process, set up after the attack, but some legal experts have warned that previous attempts to fast-track justice in India had, in some cases, led to imperfect convictions that were later challenged.

The government is also seeking to change the minimum age teenagers can be tried as adults, in the face of public anger the youngest accused might serve a maximum term of three years.

Namita Aggarwal, the presiding magistrate, said on Monday that the trial would be held behind closed doors because of the sensitivity of the case.

The woman died in a Singapore hospital where she had been taken for treatment. She was identified by a British newspaper on the weekend but Reuters has opted not to name her.

Indian law generally prohibits the identification of victims of sex crimes to protect their privacy in a country where the social stigma associated with rape can be devastating.

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News Network
June 6,2020

Thiruvananthapuram, Jun 6: The Sabarimala Temple in Kerala is set to reopen from June 14 for devotees for monthly pooja and festival.

The temple will be open for the five-day monthly rituals in the Malayalam month of Midhunom that begins on June 15. From June 19-28 is the Sabarimala festival

A virtual queue system has been put in place in which 200 people will be allowed to register within an hour, Devasom Minister Kadakampally Surendran said.

To avoid crowding, only 50 devotees will be allowed to be present in front of the temple.

Before entering the premises, people will be scanned in Pampa and Sannidhanam. As a precautionary measure, people have been asked to wear mask and sanitation would be carried out at regular intervals.

Notably, no accommodation will be provided to the devotees in Sabarimala.

According to the Devasom Minister the administration has made two slots for the temple visit-- 4 am to 1 pm and 4 pm to 11 pm.

Also, the vehicles will only be allowed till Pampa. People coming from other states are required to register at government COVID Jagrata pass registration portal. Moreover, Appam and Arvana will be provided only through online booking.

Also, the devotees coming from other states will have to upload Indian Council of Medical Research (ICMR) labs certificate as a proof that they have not been infected with the lethal infection.

Also for the Guruvayoor Temple, the district collector, police and temple administration will hold a meeting to decide on the re-opening of the Temple. Here too devotees have to get themselves registered online.

In a single day, 600 people would be allowed to offer prayers at this shrine. Each hour, 150 people will be allowed to enter the premises.

Also, the time slot will be provided to people. In one batch 50 people will be allowed for 15 minutes inside the premises

Not only that, but marriages can also again be solemnised with divine blessings at the Guruvayoor temple. The administration will allow only 60 marriages in a day.

Weddings were stopped at the temple, due to the COVID-19 lockdown that was in place since March 24.

A marriage group should not have more than 10 people, including the bride and the groom and it is mandatory for the group to abide by the social distancing norm.

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May 26,2020

New Delhi, May 26: With India now in the bracket of top 10 nations worst hit by the novel coronavirus, experts have attributed the surge in cases to easing of travel restrictions and movement of migrants besides enhanced testing capacity.

According to AIIMS Director, Randeep Guleria, the present rise in cases has been reported predominantly from hotspot areas but there is a possibility of further rise in the number of COVID-19 cases in the coming few days due to increased travel.

"Those who are asymptomatic or are in presymptomatic stage will pass through screening mechanisms and may reach areas where there have been minimal or less cases," Guleria said.

He said there was a need for more intense surveillance and monitoring in areas where migrants have returned to contain the spread of the disease.

If proper social distancing and hand hygiene is not maintained at a time when people are out on roads, the coronavirus infection will transmit much faster, he said.

Guleria also noted that testing capacity has been significantly ramped up which is reflecting in the increasing number of cases being detected.

Commenting on the partial resumption of rail and road transport services and migrants returning to their native places, Dr Chandrakant S Pandav, former president of the Indian Public Health Association and Indian Association of Preventive and social medicine, said the floodgates have been opened.

"This is a classic case of creating an enabling environment for coronavirus to spread like wildfire. In the coming few days, the number will rise dramatically. While it is true that lockdown cannot go on forever, the opening up should have been in a measured, calibrated and informed manner," he said.

"Travelling leads to spread of the infection. Now, the government will have to ensure even stronger surveillance to curb the infection but if that will be done is something to be observed," he said.

The death toll due to COVID-19 rose to 4,167 and the number of cases climbed to 1, 45,380 in the country, registering an increase of 146 deaths and 6,535 cases since Monday 8 am, according to the Union Health Ministry.

Dr K K Aggarwal, President of the Confederation of Medical Association of Asia and Oceania (CMAAO), and former IMA President, said there will be a further surge in cases in the coming days if migration continues without any proper social distancing.

"Within the next ten days, the cases will cross two lakh. The very fact that number of cases was rising before the end of the third lockdown and continuing during the fourth lockdown means that people are not following physical distancing as required," he said.

"Even in the last week of May when the temperature is very high, the rising number of cases would mean that human-to-human transmission is more important than surface-to-human transmission. Normally in heat the surface-to-human transmission should have reduced the new cases by half which has not happened," Aggarwal said.

However, Professor K Srinath Reddy, president of the Public Health Foundation of India, said an increase in the number of cases reflects both an increase in testing rates and an increase in spread.

"What we need to see is the number of new tests performed per day and the number of new cases that were identified from them. That gives a better idea of the rate of spread than the total number of new cases alone.

"We also have to see if the testing criteria has remained the same between the two periods of comparison.We may open up gradually but will have to continue case detection, contact tracing and follow personal protection measures as vigorously as possible," he added.

A total of 31,26,119 samples have been tested as on May 26, 9 am and 92,528 samples have been tested in the last 24 hours, ICMR officials said.

India is the tenth most affected nation by the pandemic after the US, Russia, UK, Spain, Italy, Brazil, Germany, Turkey and France, as per the John Hopkins University data.

The country has recorded 6,088, 6,654, 6,767 and 6977 cases on May 22, 23, 24 and 25 respectively. Also, the number of RT-PCR tests for detection of COVID-19 in the country crossed the 30-lakh mark on Monday.

The first two phases of the lockdown led to 14-29 lakh COVID-19 cases being averted, while the number of lives saved in that period was between 37,000 and 78,000, the government said last Friday, citing various studies, and asserted that the unprecedented shutdown has paid "rich dividends" in the fight against the pandemic.

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News Network
May 18,2020

The Centre on Sunday extended the COVID-19 lockdown for two more weeks till May 31 with more exemptions as the Centre allowed states more powers for profiling its zones, re-starting of inter-state and intra-state bus travel, plying of autos and taxis and opening of all shops, including in markets but barring those in malls.

Here are the answers to all your questions:

What is 'Lockdown 4.0'?

On March 24, 2020, Prime Minister Narendra Modi announced a 21-day nation-wide lockdown to prevent the spread of the coronavirus outbreak. India follows several countries in its measures to curb the pandemic, which was the first lockdown. Prime Minister then extended the coronavirus lockdown till May 3, which was dubbed as 'Lockdown 2.0'. This lockdown was further prolonged till May 17 which became 'Lockdown 3.0' and now, as the government aims at a staggered re-opening of the country while maintaining the norms such as social distancing, the fourth extension till May 31 is called 'Lockdown 4.0'.

Who issues the guidelines for the lockdown?

The Ministry of Home Affairs (MHA) issues the guidelines for the lockdown.

Are guidelines different during a lockdown compared to normal life?

Well, of course. Guidelines during a lockdown instruct people on all matters from whether you are allowed to leave your house, to whether an MNC is allowed to function and with what percentage of attendance.

Are masks compulsory even now?

Masks are made mandatory in all public places, by the Union Health Ministry. All the states and UTs are to strictly abide by this law. Not wearing masks will attract penalties which are specified by the state.

How would that be determined for an area?

By Lockdown 3.0, all areas of state districts were segregated into containment, red, orange and green zones. In the Lockdown 4.0, states will categorise the areas into red, orange and green zones.

Colourful... but what are red, orange and green zones?

According to the guidelines issued by the Ministry of Health and Family Welfare, states can categorise districts or municipal corporations as red or orange zones.

"States may, however, also choose to categorise a sub-division or ward or any other appropriate administrative unit as red/orange/green zone after detailed analysis at their end, duly taking into consideration the geographical spread of cases, contacts and their zone of influence in terms of disease spread," the ministry said.

With the commencement of the third phase of lockdown, the Union Health Ministry listed 130 districts across the country in the red zone, 284 in the orange zone and 319 in green zones based on the incidence of cases of COVID-19, doubling rate, the extent of testing and surveillance feedback.

Districts were earlier designated as hotspots/red-zones, orange zones and green zones primarily based on the cumulative cases reported and the doubling rate.

A district will be considered under green zone if there have been no confirmed cases of COVID-19 so far or there is no reported case since last 21 days in the district, according to the letter.

Now, what is a buffer zone?

A buffer zone is an area of spread in a 5-kilometre radius (7 Kms in rural areas) of a containment zone.

How do I find out the zone I am in?

You either look at your state or city's municipal corporation pages to avail the zone details. You can also look at your district magistrate's Twitter handle or Facebook account to find out the list of the zone under which your area falls.

Can I leave my home now?

That depends. If you are in a containment zone or a red zone, you may not be allowed to leave your residence. Otherwise, in the other zones, the state governments and the district magistrates will decide upon the level of movement within and outside the zones.

Can I shift from a red zone to an orange or green zone?

You cannot. The residents of a red or containment zone cannot move out of their zones, nobody may enter the zones as well.

What about my office?

The private offices can operate in non-containment zones. The guidelines for offices to work will be listed by the state governments and the DMs (district magistrates).

Will I be allowed to use my bike/car or any other personal vehicle?

There is a likely chance of you being allowed to take out your bike or car or other vehicles (not helicopters or aeroplanes), if you are not in a containment zone. You need to check the rules listed by your state government or DM. The number of people who can ride at one time will also be decided by the state.

Can my driver, house help or neighbour drive me to my office/destination? Will I be allowed to take them to my workplace?

Yes, provided they are not from a red zone which may be risky for the passenger. This facility is prohibited in a containment zone. Also, check with your workplace regarding the norms to follow within the office. For the details on travelling with others in the car, look into the info provided by your state government, DM and Resident Welfare Association (RWA).

Will be able to fill petrol or diesel for my vehicle?

Definitely, yes. All petrol pumps, LPG and oil agencies will continue to be open.

What if I need to take a cab, auto or book one via Ola/Uber?

The same rules apply to them as well. Unless you are in a containment zone, the restrictions for using cabs and autos will be eased.

What if I need to use public transport like buses?

Some states have allowed buses to run, such as in Tamil Nadu in certain areas. You will have to check with the state government or DM's regulations enlisted for knowing the routes and norms to follow inside a bus.

Can I use my city's Metro line?

Unfortunately, metro lines are not allowed to open and will remain closed until further notification from the Centre.

Can I walk around in my area?

Walking will be permitted under the guidelines issued by the state and DM. Walking in groups will be prohibited and social distancing norms are to be followed in public at all times. Movement is allowed between 7 am to 7 pm in any zone - containment, red, orange or green.

Can I take my grandparents/kids out for a walk?

People older than 65 years of age, or younger than 10, persons with co-morbidities, pregnant women are not allowed to venture out of their residences, as they are highly susceptible to the infection.

Can I go out with my friends?

A group of less than 5 people are allowed to walk together. If you are planning to use vehicles such as bikes, every induvial must have their own as more than one person on atwo-wheeler is not allowed in certain areas. Curfew timings are from 7 am to 7 pm as movent is prohibited beyond these timings. Check the regulations issued by your local DM or state government to know further details.

What if I need to see my friends, relatives or others?

The Resident Welfare Association (RWA) will make a decision about allowing visitors inside a zone, barring containment zones. Nobody is allowed within the containment zone or permitted to leave.

Can we now go to restaurants?

Restaurants are still closed irrespective of the zone. Take-away or delivery services will be available, nevertheless.

Can we go to malls?

Malls and restaurants and shops in the malls will remain closed irrespective of the zone, as these are crowd-pulling zones.

Does that mean multiplexes, theatres and drama/concert halls are closed as well?

Cinema halls, theatres, multiplexes and drama/concert halls will remain closed regardless of which zone they are in, till further instructions are sent by the Centre.

Can I go to the beach or a monument/heritage site?

Since such public places will attract a huge crowd that will be tough to control, beaches, monuments, heritage sites and such public places will be closed.

Can I go to coffee shops?

As coffee shops will fall under the category of restaurants, they will also be closed. Take-away and delivery services can be availed from the shops.

What about essentials?

Grocery shops, milk vendors, newspaper circulation are allowed to stay open. Proper sanitisation must be done from time-to-time to ensure customer and vendors’ safety.

I need to repair my phone. Will stand-alone non-essential services be open?

Such non-essential services are allowed to open in non-containment zones. Refer the state governments and DMs rules for knowing the type of shops and state and districts they are permitted in.

What about in-house repairs or services? Can I call a mechanic to my house?

Yes, provided your RWA has permitted to allow mechanics, workmen and labourers inside in non-containment zones.

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