Delhi rape accused lived on margins of India's boom

January 12, 2013

delhirapevNew Delhi, Jan 12: In a village in Uttar Pradesh, a woman sits hunched on the ground in a green shawl, visibly weak and shivering in the January cold. She says she has not eaten for days, and neither have her five young children.

She has never heard of Manmohan Singh, India's prime minister, having never ventured further from her village than a nearby market town, and ekes out a living working in potato fields on other people's land.

Her eldest son left home when he was 11. He never returned, and the woman thought he was dead. The first news she got of him was when police from New Delhi turned up at her brick hut to say he had been arrested for the gang rape and death of a student, a crime whose brutality stunned India.

In an interview with Reuters, the mother of the juvenile, the youngest of six members of the gang accused of the attack, recalled the son who left home five or six years ago for the bright lights, and seemed stunned by the accusation against him.

"Today, the infamy he earned is eating me up," his mother said as villagers stood and stared. "I can't even sit with two other people in the village because of the shame that my son has brought to the family."

A 23-year-old physiotherapy student was beaten and raped on a moving bus in the Indian capital on December 16. She was left bleeding on a highway and died two weeks later from internal injuries.

The five men who have been charged with rape and murder are all expected to plead not guilty. One says police tortured him.

The sixth member of the gang, the woman's son, is being processed as a juvenile and has not been charged. He will be tried separately.

Police have said they are conducting bone tests to determine his age as they suspect he may be over 18 years old. Reuters is withholding his name for this story.

The trial of the five men is due to start within weeks.

"BLACK MAGIC"

It is from a life of rural penury that the youth sought to escape, one of about two million Indians who migrate to cities every year, chasing an economic boom that has propelled India for the past two decades but has trickled down slowly to its poor.

Conversations with relatives, neighbours and police show the extent to which the accused lived on the margins of the city's emerging prosperity, holding menial jobs and living in a slum.

Their lives stand in contrast with that of the victim.

She was also from a humble background but funded her studies by taking a job in one of the call centres that are a hallmark of modern India's economy and have helped build an aspirational new middle class.

According to his mother, the youth joined a group of other village boys travelling to New Delhi, found work in a roadside eatery and - for the first year - used to send 600 rupees a month back to his family.

After he stopped sending money, his mother never heard from him again. At first she thought he might have been forced into bonded labour. Later, she presumed he was dead. A couple of months before the rape, she consulted a Hindu holy man about her son, whom she remembered as a good boy.

"The holy man told me that someone has practiced some black magic on him, but that he would come back," she said.

Living on the breadline and with a husband who is mentally ill, the mother works in fields with her daughters to feed her family. Halfway through the conversation with Reuters, she fainted, apparently from hunger, and had to be carried to bed.

About half of her village are landless labourers, and about a quarter of all men migrate to cities in search of work, according to farmer Vijay Pal.

"SING-SONG VOICE"

The details of the boy's life after he left his village are patchy. Even his fellow accused did not know his real name and called him by an assumed name, a senior police officer told Reuters. Police described him as a "freelancer" at a Delhi bus station, cleaning buses and running errands for drivers.

"He was a helper on buses who would solicit customers by calling out to them in a sing-song tone," the officer said.

He was popular with the contractors who ran the bus services and frequently changed jobs.

It was during this time that he met Ram Singh, the main accused in the case, whom he had gone to meet on the day of the attack in the hope of getting back money that Singh had borrowed from him, police said.

The juvenile went to Singh's house to claim 8,000 rupees but Singh invited him to stay for food instead, according to a police report. After the attack, police say they found the juvenile's blood-stained clothes on Singh's roof.

In an interview with Reuters, the friend of the victim who had accompanied her on the bus, and who was also beaten, said the juvenile had beckoned the pair to board.

"There was a young boy who was standing at the door of the bus and calling passengers in," the friend said by telephone. "He had a light moustache, very sharp eyes and a very sweet demeanour. He was thin and was calling out to people saying 'come sister, please sit'."

When they started assaulting the victim's friend, the juvenile "was one of the first to attack me", he said.

Singh and three of the other accused lived in a poor pocket in the otherwise largely middle-class Delhi neighbourhood of RK Puram, whose wide streets and tree-lined boulevards contrast with the dark lanes, communal taps and open sewers where Singh lived.

Many of the people who live there are migrants, working as electricians, auto-rickshaw drivers, day labourers, bus drivers, mechanics and street vendors.

Singh was a bus driver, despite an accident in 2009 that fractured his right arm so badly that doctors had to insert a rod to support it. He appeared on a reality television show in a compensation dispute with a bus owner, who in turn accused Singh of "drunken, negligent and rash driving".

Singh's neighbours describe him as a heavy drinker with a temper. One young woman said he used to get embroiled in violent rows and a relative recalls a physical altercation with her husband.

"I WILL MAKE IT BIG"

India's rapid growth over the past two decades, kickstarted by a period of free-market economic reforms, accelerated the process of urbanisation.

The world of the juvenile's mother is still one where carts drawn by horses and bullocks ply the lanes, and dung cakes are stacked in villages to be used as a fuel.

But in the cities, the old barriers of caste and gender are being eroded as India prospers. It is in this world that Vinay Sharma, another of the accused, wanted to make his mark, and aspired to the kind of life that the victim was striving for.

Passionate about boxing and body-building, Sharma earned $55 a month as a helper in a gym and wanted to enrol on a correspondence course, according to his mother and neighbours in the slum where he lived.

"He always used to say 'I will make it big in life'," said his mother, Champa Devi.

Like the juvenile and the victim, Sharma's family is originally from Uttar Pradesh, a state of some 200 million people where poverty is entrenched.

"When the police came around 4 or 4.30 in the evening, he was at home", his mother said.

"I ran after him when they were taking him away. They would not even tell me why. Even he kept insisting 'Ma, go back home, nothing will happen to me. They are just taking me to ask some questions. I will be back soon.' But that was the last I saw of him."

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Agencies
May 14,2020

Wayanad, May 14: Coronavirus scare has gripped the police in the district as around 70 personnel, including their chief, have gone on quarantine as a precautionary measure after three colleagues tested positive for the pathogen.

A day after three personnel of Mananthavady police station tested positive for COVID-19, District Superintendent of Police R Illango said on Thursday he and others decided to quarantine themselves as they had been in contact with some other colleagues from the station. Twenty four personnel, including a Deputy Superintendent of Police, have gone on quarantine after giving their samples for testing three days ago as a measure of abundant caution after a man questioned in Manathavady police station in connection with a case tested positive for the virus on May 9.

Of the 24, results of 18 have been received so far and three personnel tested positive on Wednesday, following which the station has been disinfected and virtually closed and contact tracing underway.

On Wednesday, the SP and some other police personnel had interacted with the DySp for close to an hour at a checkpost following which over 40 police personnel have voluntarily decided to go on quarantine.

"We are actually being over cautious. I have spoken to all the policemen. We know we are in the high-risk job. We are concerned that we might spread it to family members, public, or colleagues. So we want to maintain extreme caution", Illango, who is on home quarantine, told PTI.

With the three personnel testing positive in the state, Kerala Director General of Police Loknath Behera said the force should take all necessary precautions and fearlessly go ahead in the fight against the virus.

The three from Manathavady are believed to have contracted the virus after they came in contact with a man who was called to the station in connection with a case on April 28 and May 2. He later tested positive for COVID-19 on May 9. This man is suspected to be a contact of a truck driver, who has turned out to be a super spreader after returning to the district from Chennai's Koyambedu market, a hotspot, and had infected at least 10 others, including his wife, mother and grandchild.

The Mananthavady police station has been disinfected with the help of the Health Department and Fire Force personnel. Computers and wireless equipment have been shifted to other police buildings and the station's charge has been temporarily given to Vallamunda Station House Officer, a release from the DGP's office said. Two police personnel wearing personal protection equipment (PPE) kits would be at the station to take care of necessary work and a health worker posted to help them, it said.

Police personnel from other stations have been mobilised to meet any shortage, Illangosaid adding they need not come to the police station but directly go to the duty points. Meanwhile, the district health authorities said the standard operating procedure (SOP) has been initiated as soon as the test results of the three came by Wednesday noon. Accordingly, all personnel who were on duty were sent to nearby lodges and resorts for quarantine.

One of the policemen who tested positive had been to Sulthan Bathery police station and Muthanga area, where the DySP and few other officials were also present. This is being seen as a lapse on the part of the police department. However, police sources said none had directed the 24 personnel, whose samples were collected on Monday, to go on quarantine or abstain from duty. The health department is trying to map out the contact list of the police personnel to contain further spread from their direct and secondary contacts.

According to police sources, the Sulthan Bathery Circle Inspector, two sub-inspectors and about 18 police personnel of the Mananthavady police station are among those who have been put on quarantine. As part of containment measures, the courts in Sulthan Bathery and Mananthavady have been closed on Thursday, officials said. 

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News Network
January 22,2020

Jan 22: India's ranking in the latest global Democracy Index has dropped 10 places to the 51st spot out of 167 owing to violent protests and threats to civil liberties challenging freedoms across the country.

Prime Minister Narendra Modi's government has been criticized by rights groups and western governments after shutting off the internet and mobile phone networks and detaining opposition politicians in Kashmir.

Modi’s government has also responded harshly to ongoing protests against a controversial, religion-based citizenship law. Muslims have said their neighborhoods have been targeted, while the central government has attempted to ban protests and urged TV news channels not to broadcast “anti-national” content. Some leaders in Modi’s ruling party called for “revenge” against protesters. India’s score in 2019 was its worst ranking since the EIU’s records began in 2006, and has fallen gradually since Modi was elected in 2014.

The Economist Intelligence Unit’s 2019 Democracy Index, which provides an annual comparative analysis of political systems across 165 countries and two territories, said the past year was the bleakest for democracies since the research firm began compiling the list in 2006.

“The 2019 result is even worse than that recorded in 2010, in the wake of the global economic and financial crisis,” the research group said in releasing the report on Wednesday.

The average global score slipped to 5.44 out of a possible 10 -- from 5.48 in 2018 -- driven mainly by “sharp regressions” in Latin America, Sub-Saharan Africa, the Middle East and North Africa. Apart from coup-prone Thailand, which improved its score after holding an election last year, there were also notable declines in Asia after a tumultuous period of protests and new measures restricting freedom across the region’s democracies.

Asia Declines

Hong Kong, meanwhile, fell three places to rank 75th out of 167 as more than seven months of violent and disruptive protests rocked the Asian financial hub. An aggressive police response early in the unrest, when protests were mostly peaceful, led to a “marked decline in confidence in government -- the main factor behind the decline in the territory’s score in our 2019 index,” the group said.

In Singapore, which ranked alongside Hong Kong at 75th, a new “fake news” law led to a deteriorating score on civil liberties.

“The government claims that the law was enacted simply to prevent the dissemination of false news, but it threatens freedom of expression in Singapore, as it can be used to curtail political debate and silence critics of the government,” EIU analysts said.

China’s score fell to just 2.26 in the EIU’s ranking, placing it near the bottom of the list at 153, as discrimination against minorities, repression and surveillance of the population intensified. Still, in China “the majority of the population is unconvinced that democracy would benefit the economy, and support for democratic ideals is absent,” the EIU said.

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News Network
January 1,2020

Jan 1: The ban on the practice of instant triple talaq, making it a penal offence and the increase in the strength of Supreme Court judges were two of the major achievements of the law ministry in 2019.

In July, Parliament gave its nod to The Muslim Women (Protection of Rights on Marriage) Bill, 2019. The new law makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

According to the new law, any Muslim who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

During the year, four new judges were appointed to the Supreme Court in September, taking its strength to 34, the highest-ever.

However, vacancies in high courts and lower courts are on the rise and convincing state governments and the 25 high courts to come on board to create an all-India judicial service to recruit judges for the subordinate courts tops the agenda of the Law Ministry in 2020.

Besides creating a consensus on setting up the All-India Judicial Services, the ministry will also have to focus on filling up vacancies in the high court. On an average, the vacancies stood at 400 throughout this year.

With more than 5,000 positions of judicial officers in district and subordinate courts lying vacant, the Law Ministry has pitched for setting up all-India judicial services.

The sanctioned strength of the judicial officers in district and subordinate courts was 22,644. The number of judicial officers in position and vacant posts is 17,509 and 5,135, respectively.

The government has proposed that while states and high courts can recruit judicial officers, the Union Public Service Commission (UPSC) can hold pan-India entrance tests.

The ministry has made it clear that such services would not encroach on the powers of the states.

As of now, the selection and appointment of judges in subordinate courts is the responsibility of the high courts and state governments concerned.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for the lower judiciary in the country.

But there is a divergence of opinion among state governments and respective high courts on the constitution of the All India Judicial Service (AIJS).

One of the problems cited is that since several states have used powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to declare that the local language would be used in lower courts even for writing orders, a person say selected from Tamil Nadu may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar.

The other point of opposition is that an all India service may hamper the career progression of state judicial services officers.

Another key issue the ministry has to handle in 2020 is vacancies in the 25 high courts.

Throughout 2019, on an average, the high courts faced a shortage of 400 judges.

According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A three-member Supreme Court collegium recommends the names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

High court collegiums shortlist candidates for their respective high courts and send the names to the law ministry.

The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.

The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June last year, the vacancy position stood at 399, while it was 396 in May.

In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.

Over 43 lakh cases are pending in the 25 high courts.

Another priority would be the finalisation of the memorandum of the procedure to guide the appointment and transfer of the Supreme Court and high court judges. The issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.

Successive governments have also been working on making India a hub of international arbitration. It has taken several steps to change laws dealing with commercial disputes.

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