POCSO Act made stringent, death penalty for aggravated sexual assault on children

Agencies
December 29, 2018

New Delhi, Dec 29: The Union Cabinet Friday approved amendments to strengthen the POCSO Act and included the death penalty for aggravated sexual assault on children, besides providing stringent punishments for other crimes against those below 18 years of age. Union minister Ravi Shankar Prasad said children should be protected from sexual offences and the Cabinet has approved amendments to various sections of The Protection of Children from Sexual Offences (POCSO) Act to achieve this.

Addressing mediapersons here after a Cabinet meeting, Prasad said the amendments to sections 4, 5, 6, 9, 14, 15 and 42 of the POCSO Act, 2012, are made to address child sexual abuse in an appropriate manner.

An official statement said sections 4, 5 and 6 of the Act are proposed to be amended to provide the option of stringent punishment, including the death penalty, for committing aggravated penetrative sexual assault on a child.

It said these amendments are aimed at discouraging the trend of child sexual abuse by acting as a deterrent.

The Act defines child as any person below the age of 18 years. It is a gender-neutral legislation, it said.

The amendments are also proposed to the section 9 of the Act to protect children from sexual offences in times of natural calamities and disasters and in cases where children are administered, in any way, any hormone or any chemical substance, to attain early sexual maturity for the purpose of penetrative sexual assault, it said.

Sections 14 and 15 of the POCSO Act, 2012 are also proposed to be amended to address the menace of the child pornography. It is proposed to levy fine for not destroying or deleting or reporting the pornographic material involving a child, the statement said. The offender can be further penalized with jail term or fine or both for transmitting propagating administrating such material in any manner except for the purpose of reporting as may be prescribed and for use as evidence in court. “Penal provisions have been made more stringent for storing/possessing any pornographic material in any form involving a child for commercial purpose,” the official statement said.

Prasad said, “The modification is made to address the need for stringent measures required to deter the rising trend of child sex abuse in the country.”

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News Network
March 2,2020

New Delhi, Mar 2: As communal violence spiked in north-east Delhi earlier this week, Hindu, Muslim and Sikh residents of a colony came together and stood guard against frenzied mobs which ran riot in nearby areas vandalising homes, shops and torching cars.

They have not let their guard down even as the situation is limping back to normalcy following four days of violence that has claimed at least 42 lives and left over 200 injured.

The B-Block colony in Yamuna Vihar has a Hindu-dominated Bahjanpura on one side and Muslim populated Ghonda on the other.

People from all faiths in the locality sit outside their homes at night and deal with any suspected outsider, Arib, a dentist in his 30s, said.

"It is the sloganeering by mobs that causes panic in the dead of night. Such slogans are from both sides and we hear groups of people moving forward towards our area.

"This is where we let the Muslim locals deal with Muslim groups and Hindu residents deal with Hindu groups coming from outside," he said.

Businessmen, doctors and people working at government offices stuck together as violence reached its crest on Monday and Tuesday, and have been guarding the locality round the clock.

Earlier, the locals had claimed inadequate police deployment in the area, but were satisfied as patrolling by security personnel increased in the last two days.

Charanjeet Singh, a Sikh who owns a transport firm, said residents have ensured that not too many people gather to guard the colony at night. It has been decided not use sticks or rods, an idea which seems to have worked in maintaining peace, he said.

"I was 10 years old when we came to this locality from Uttar Pradesh's Meerut in 1982. There were riots in 1984 and tension in 2002, but even then our area remained peaceful. We have always been united and that is the way we have helped each other," Singh, who is now in his 50s, told PTI.

Faisal, a businessman in his 30s, said after two days of major violence, there was palpable tension in the area. "Nobody could sleep in the neighbourhood even on Wednesday and Thursday when the situation was brought under control," he said.

Faisal said around 4 am on Wednesday, three to four miscreants had torched a car, but were chased away by vigilant residents. They raised an alarm and others gathered, saving other vehicles parked nearby from being damaged, he added.

On the idea of not keeping sticks while guarding B-Block, Singh said, "Violence begets violence, crowd begets crowd. We thought if somebody would see sticks or rods in our hands from a distance and large crowds standing guard, it is likely they would want to come prepared. This could fuel violence."

"Now, if there is some young man returning late in the night, we identify if he belongs to our area. If not, we normally inform him about the situation and guide him to his destination, if required," he added.

Seventy-year-old V K Sharma said people in his colony never had any trouble with each other, as he blamed "outside elements" for the violence in north-east Delhi.

"Some people have some problem with symbols. If they find a particular religion's symbol on a shop, home or a car, they vandalise it.

"This is on both sides, Hindus as well as Muslims. But not all people in all religion are like that. There are good people who outnumber these handful people involved in violence," he said.

The violence happened for two days but it would take months for fear to subside, Sharma said, as he took out his two granddaughters, aged nine and two, out for ice cream.

"I cannot reduce the tension outside my home, but at least I can make these kids feel good by reducing their craving for ice cream,” he added.

Colony resident Shiv Kumar, a property consultant, and Wasim, a government official, said they too were members of this voluntary guards' team of the colony which stays up at night to fend off miscreants.

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News Network
March 12,2020

New Delhi, Mar 12: The Supreme Court told the Uttar Pradesh government on Thursday that as of now, there was no law that could back their action of putting up roadside posters of those accused of vandalism during anti-CAA protests in Lucknow.

An apex court bench refused to stay the March 9 Allahabad High Court order directing the Yogi Adityanath administration to remove the posters.

The top court, which grilled the Uttar Pradesh government for putting up such posters in public, described the plea as a matter that needed "further elaboration and consideration".

A vacation bench of justices U U Lalit and Aniruddha Bose said a "bench of sufficient strength" would consider next week the Uttar Pradesh government's appeal against the Allahabad High Court order directing the state administration to remove the posters of those accused of vandalism during anti-CAA protests.

It directed the apex court registry to put up the case file before Chief Justice of India (CJI) S A Bobde so that a "bench of sufficient strength can be constituted at the earliest to hear and consider" the case next week.

During the hearing, the bench told Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, that it was a matter of "great importance".

It asked Mehta whether the state government had the power to put up such posters.

The top court, however, said there was no doubt that action should be taken against rioters and they should be punished.

Mehta told the court that the posters were put up as a "deterrent" and the hoardings only said that these persons were liable to pay for their alleged acts during the violence.

Senior advocate A M Singhvi, appearing for former IPS officer S R Darapuri whose poster has also been affixed in Lucknow, told the bench that the state was duty-bound to show the authority of law backing its action.

He said the action of the Uttar Pradesh government amounted to a "mega blanket" approach of naming and shaming these persons without final adjudication and it was an open invitation to common men to lynch them as the posters also had their addresses and photographs.

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Agencies
June 29,2020

From March through May, around 1 crore migrant workers fled India’s megacities, afraid to be unemployed, hungry and far from family during the world’s biggest anti-Covid-19 lockdown.

Now, as Asia’s third-largest economy slowly reopens, the effects of that massive relocation are rippling across the country. Urban industries don’t have enough workers to get back to capacity, and rural states worry that without the flow of remittances from the city, already poor families will be even worse off -- and a bigger strain on state coffers.

Meanwhile, migrant workers aren’t expected to return to the cities as long as the virus is spreading and work is uncertain. States are rolling out stimulus programs, but India’s economy is hurtling for its first contraction in more than 40 years, and without enough jobs, a volatile political climate gets more so.

“This will be a huge economic shock, especially for households of short-term, cyclical migrants, who tend to come from vulnerable, poor and low-caste and tribal backgrounds,” said Varun Aggarwal, a founder of India Migration Now, a research and advocacy group based in Mumbai.

In the first 15 days of India’s lockdown, domestic remittances dropped by 90%, according to Rishi Gupta, chief executive officer of Mumbai-based Fino Paytech Ltd., which operates the country’s biggest payments bank.

By the end of May, remittances were back to around 1750 rupees ($23), about half the pre-Covid average. Gupta’s not sure how soon it’ll fully recover. “Migrants are in no hurry to come back,” Gupta said. “They’re saying that they’re not thinking of going back at all.”

If workers stay in their home states long term, policymakers will have more than remittances to worry about. If consumption falls and the new surplus of labor drives wages down, Agarwal said, “there will also be a second-order shock to the local economy. Overall, not looking good.”

India announced a $277 billion stimulus package in May and followed it up with a $7 billion program aimed at creating jobs for 125 days for migrants in villages across 116 districts. Separately, local authorities are also looking for solutions.

Officials in Bihar have identified 2,500 acres of land that could be made available to investors, said Sushil Modi, deputy chief minister of Bihar, a state in east India. “We can use this crisis as an opportunity to speed up reforms,” he said.

The investors haven’t materialised yet, and in the meanwhile, state governments are relying on the national cash-for-work program that guarantees 100 days worth of wages per household.

Skilled workers don’t want to do manual labor offered through the program, and even if they did, says Amitabh Kundu of RIS, many think of it as beneath their station. “There will be an increase in social tensions,” he predicts. “Caste may again start playing a role. It’s absolute chaos.”

For skilled workers, initiatives vary:

* Uttar Pradesh, which received 3.2 million people, is compiling lists of skilled workers who need employment and trying to place them with local manufacturing and real estate industry associations. So far, the government says, it’s placed 300,000 people with construction and real estate firms.

* Bihar has placed returners in state-run infrastructure projects and hired others to stitch uniforms and make furniture for government-run schools, even as they waited in quarantine centres, said Pratyay Amrit, head of the state’s disaster management department.

* The eastern state of Odisha announced an urban wage employment program aimed at putting as many as 450,000 day labourers to work through September. Some 25,000 people have been employed, so far, under the scheme, G. Mathivathanan, principal secretary for housing and urban development said.

Attracting Investments

It’s not clear any of this will be enough to make a dent, says Ravi Srivastava, professor at New Delhi-based Institute of Human Development, adding that the states don’t have much of a track record on economic development.

“It was the failure of these states to improve governance and put development plans in place that led to the out-migration in the first place,” he said.

But officials and workers’ rights advocates see opportunity. Uttar Pradesh has established liaisons to encourage companies from the US, Japan and South Korea to establish manufacturing in the state. There and in Madhya Pradesh and Rajasthan, the government has made labour laws more friendly to employers, making it easier to hire and fire workers.

Modi, the minister from Bihar, said the migration may also give workers--historically a disenfranchised group--new power, particularly as urban centres struggle. “The way industries treated workers during the lockdown -- didn’t pay them, the living conditions were poor -- now these industries will realize the value of this force,” Modi said.

“In the days to come, labour will emerge as a force that can’t be ignored anymore,” he added. “That’s the new normal. We will work out how to ensure dignity, rights to our people who are going to work in other states.”

Bihar is due for elections by November, a vote that could be an early test of the mass migration’s political consequences. The state is currently governed by a coalition that includes Prime Minister Narendra Modi’s Bharatiya Janata Party. Amitabh Kundu, a fellow at the Research and Information System for Developing Countries, a New Delhi-based government think-tank, said migrant workers are likely to be angry voters.

“Chief ministers are telling these migrants that they will not have to go back for work,” he said. “But their capacity to do something miraculous in the next four to five months is doubtful. If they can retain even one-fourth of the migrants, I would call it a success.”

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