Delhi gang rape trial puts focus on death penalty paradox

September 13, 2013

rapetrialNew Delhi, Sept 13: A judge will announce today whether four men should hang for fatally raping a young woman on a bus last December, in one of the biggest tests in years of India's paradoxical attitude towards the death penalty.

Indian judges hand down on average 130 death sentences every year, but India has executed just three people in the past 17 years. Despite its apparent reluctance to carry out the sentences, last year India voted against a U.N. draft resolution calling for a global moratorium on executions.

In November, India ended what many human rights groups had interpreted as an undeclared moratorium on capital punishment when it executed a militant convicted for the 2008 militant attack on Mumbai. Three months later, it hanged a man from the Kashmir region for a 2001 militant attack on parliament.

"In the past year, India has made a full-scale retreat from its previous principled rejection of the death penalty," said Meenakshi Ganguly, South Asia director of Human Rights Watch.

She called for the complete abolition of the death penalty.

Prosecutors want the "harshest punishment" to be given to bus cleaner Akshay Kumar Singh, gym instructor Vinay Sharma, fruit-seller Pawan Gupta, and unemployed Mukesh Singh for the murder of the woman to send a signal to society that such attacks would not be tolerated.

Sex crimes are commonplace in India, and social commentators say patriarchal attitudes towards women have not been diluted by rapid economic growth.

The victim's parents have said their daughter's dying wish was for her attackers to be "burned alive".

The four men were found guilty this week of luring the 23-year-old trainee physiotherapist onto a bus on Dec. 16, raping and torturing her with a metal bar and then throwing her naked and bleeding onto the road. She died two weeks later.

Defence counsel A.P. Singh urged Judge Yogesh Khanna to ignore the clamour for the death penalty, which he said was a "primitive and cold-blooded and simplistic" response.

"RAREST OF THE RARE"

If the men are sentenced to death, a potentially years-long appeals process lies ahead. The case will go the High Court and then the Supreme Court. If the courts confirm the sentences, the final decision will lie with the president, who has the power to grant clemency.

The death penalty should be imposed only in the "rarest of rare" cases, according to a Supreme Court ruling in the early 1980s. But opponents, including former High Court judges, say the reality is quite different.

Indian courts sentenced 1,455 prisoners to death between 2001 and 2011, according to the National Crime Records Bureau. During the same period, sentences for 4,321 prisoners were commuted to life imprisonment.

There are 477 people on death row. Many have been there for years. Human rights groups have been alarmed, however, by the vigour with which President Pranab Mukherjee, who was sworn into office in July 2012, has acted in clearing the backlog of clemency pleas. He has rejected 11, confirming the death penalty for 17 people.

Retired Delhi High Court judge R.S. Sodhi attributes the country's low execution rate to former Indian presidents being "too soft", wary of any backlash from what he described as a divided public.

Sodhi, who said he sentenced five people to death during his time on the bench, now opposes the death penalty.

"A life sentence is the biggest sentence you can give. Imagine rotting for the rest of your life in jail," he said.

It is a view echoed by some women's rights groups and legal experts who oppose executing the physiotherapist's attackers. Others invoke the Gandhian principle that "an eye for an eye makes the whole world blind".

But top politicians, including interior minister Sushilkumar Shinde, have said the death penalty is assured in the case. Such comments have been seen by some as adding to pressure on the court to make a populist ruling to satisfy the public outrage over the attack.

"Public opinion and particularly media channels are adding fuel to the fire. It is putting the judiciary on the back foot," said Colin Gonsalves, a lawyer who has appeared in the Supreme Court and is founder director of the Human Rights Law Network.

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coastaldigest.com news network
May 6,2020

New Delhi, May 6: The government on Wednesday said no data or security breach has been identified in Aarogya Setu after an ethical hacker raised concerns about a potential security issue in the app.

The app is the government's mobile application for contact tracing and disseminating medical advisories to users in order to contain the spread of coronavirus.

On Tuesday, a French hacker and cyber security expert Elliot Alderson had claimed that "a security issue has been found" in the app and that "privacy of 90 million Indians is at stake".

Dismissing the claims, the government said "no personal information of any user has been proven to be at risk by this ethical hacker".

"We are continuously testing and upgrading our systems. Team Aarogya Setu assures everyone that no data or security breach has been identified," the government said through the app’s Twitter handle.

The tweet gave point-by-point clarification on the red flags raised by the hacker.

"We discussed with the hacker and were made aware of the following... the app fetches user location on a few occasions," it said, but added that this was by design and is clearly detailed in the privacy policy.

The app fetches users’ location and stores on the server in a secure, encrypted, anonymised manner - at the time of registration, at the time of self assessment, when users submit their contact tracing data voluntary through the app or when it fetches the contact tracing data of users after they have turned COVID-19 positive, it said.

On another issue that users can get COVID-19 stats displayed on the home screen by changing the radius and latitude-longitude using a script, Aarogya Setu said that all this information is already public for all locations and hence does not compromise on any personal or sensitive data.

"We thank the ethical hacker on engaging with us. We encourage any users who identify a vulnerability to inform us immediately...," it said.

Responding to Aarogya Setu's clarification, Alderson tweeted, "I will come back to you tomorrow".

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Agencies
April 23,2020

New Delhi, Apr 23: The nationwide lockdown in India which started about a month ago has impacted nearly 40 million internal migrants, the World Bank has said.

The lockdown in India has impacted the livelihoods of a large proportion of the country's nearly 40 million internal migrants. Around 50,000 60,000 moved from urban centers to rural areas of origin in the span of a few days, the bank said in a report released on Wednesday.

According to the report -- 'COVID-19 Crisis Through a Migration Lens' -- the magnitude of internal migration is about two-and-a-half times that of international migration.

Lockdowns, loss of employment, and social distancing prompted a chaotic and painful process of mass return for internal migrants in India and many countries in Latin America, it said.

Thus, the COVID-19 containment measures might have contributed to spreading the epidemic, the report said.

Governments need to address the challenges facing internal migrants by including them in health services and cash transfer and other social programmes, and protecting them from discrimination, it said.

World Bank said that coronavirus crisis has affected both international and internal migration in the South Asia region.

As the early phases of the crisis unfolded, many international migrants, especially from the Gulf countries, returned to countries such as India, Pakistan, and Bangladesh until travel restrictions halted these flows.

Some migrants had to be evacuated by governments, such as those of China and Iran, it said.

Before the coronavirus crisis, migrant outflows from the region were robust, the report said.

The number of recorded, primarily low-skilled emigrants from India and Pakistan rose in 2019 relative to the prior year but is expected to decline in 2020 due to the pandemic and oil price declines impacting the Gulf countries.

In India, the number of low-skilled emigrants seeking mandatory clearance for emigration rose slightly by eight percent to 368,048 in 2019.

In Pakistan, the number of emigrants jumped 63 per cent to 6,25,203 in 2019, largely due to a doubling of emigration to Saudi Arabia, it said.

According to the bank, migration flows are likely to fall, but the stock of international migrants may not decrease immediately, since migrants cannot return to their countries due to travel bans and disruption to transportation services.

In 2019, there were around 272 million international migrants.

The rate of voluntary return migration is likely to fall, except in the case of a few cross-border migration corridors in the South (such as Venezuela-Colombia, Nepal-India, Zimbabwe South Africa, Myanmar-Thailand), it said.

Migrant workers tend to be vulnerable to the loss of employment and wages during an economic crisis in their host country, more so than native-born workers.

Lockdowns in labour camps and dormitories can also increase the risk of contagion among migrant workers.

Many migrants have been stranded due to the suspension of transport services. Some host countries have granted visa extensions and temporary amnesty to migrant workers, and some have suspended the involuntary return of migrants, it said.

Observing that government policy responses to the COVID-19 crisis have largely excluded migrants and their families back home, the World Bank said there is a strong case for including migrants in the near-term health strategies of all countries, given the externalities associated with the health status of an entire population in the face of a highly contagious pandemic.

The Bank said governments would do well to consider short, medium and long-term interventions to support stranded migrants, remittance infrastructure, loss of subsistence income for families back home, and access to health, housing, education, and jobs for migrant workers in host/transit countries and their families back home.

The pandemic has also highlighted the global shortage of health professionals and an urgent need for global cooperation and long-term investments in medical training, it said.

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News Network
April 2,2020

New Delhi, April 2: The Defence Research and Development Organisation (DRDO) has developed a bio suit to keep the medical, paramedical and other personnel engaged in combating COVID-19 safe from the deadly virus.

"Scientists at various DRDO laboratories have applied their technical know-how and expertise in textile, coating and nanotechnology to develop the Personal Protective Equipment (PPE) having specific type of fabric with coating," read a statement.

The suit has been prepared with the help of the industry and subjected to rigorous testing for textile parameters as well as protection against synthetic blood. The protection against synthetic blood exceeds the criteria defined for body suits by the Ministry of Health and Family Welfare.

"DRDO is making all efforts to ensure that these suits are produced in large numbers and serve as robust line of defence for the medics, paramedics and other personnel in the front line combating COVID-19," the statement said.

The industry is geared up for production of the suit in large quantities. Kusumgarh Industries is producing the raw material and coating material, with the complete suit being manufactured with the help of another vendor. The current production capacity is 7,000 suits per day.

Another vendor is being brought in with the experience in garment technology and efforts are on to ramp up the capacity to 15,000 suits per day.

The bio suit production in the country by DRDO industry partners and other industries are being hampered due to non-availability of seam sealing tapes, the statement said.

"The DRDO has prepared a special sealant as an alternative to seam sealing tape based on the sealant used in submarine applications.

Presently, bio suits prepared using this glue for seam sealing by an industry partner has cleared test at Southern India Textile Research Association (SITRA) Coimbatore," it said.

"This can be a game changer for the textile industry. The DRDO can mass produce this glue through industry to support the seam sealing activity by suit manufacturers," the statement added.

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