Temple rape: Lawyer braves threats, says it’s a fight for her daughter too

News Network
April 15, 2018

Jammu, Apr 15: Deepika Singh Rajawat, an advocate in Jammu, who faced the wrath of Hindutva politics after taking up the case of temple gang-rape, says that her fight is not just for the 8-year-old child who was raped but for all children including her daughter.

“That is my daughter. She is five years old and her name is Ashtami. I am fighting this case also for her,” says Rajawat showing the framed photograph of a chubby, smiling girl on the desk in a small room of her house in Jammu.

Within days after Rajawat took up the case of the 8-year-old Bakarwal girl who was drugged and gang-raped for a week in a temple and murdered in January, she began getting threats to stay away. Many from the Bar took to the streets — some brandishing sticks — and shouted slogans against the state government, asking that the case be transferred from the J&K police’s crime branch to the CBI.

Not one to be cowed into silence, she went on Facebook a day after the incident on April 5 and wrote: “The president of the Jammu High Court Bar Association mistreated me. He used unparliamentary language and threatened me not to appear in cases during a strike by the lawyers.”

Showing the copy of a letter she received from the Jammu & Kashmir HC on Saturday that asks the in-charge of the security wing of the court to provide her protection during her appearances, she said, “But when I confronted the senior advocate and told him that I can fight any case I want, I was told there are ways to stop me. But this letter from the high court gives me strength even though there is a corner in my heart that is a little afraid. These are powerful people.”

Rajawat had earlier also filed a complaint on the issue with the Chief Justice of J&K HC and Chief Justice of the Supreme Court. She said she was not safe and she had no idea how long the protests by the lawyers’ body would go on.

The case, in the Kootah court right now as Rasana comes under its jurisdiction, saw a dramatic turn when recently lawyers tried to stop the chargesheet, which narrates in detail the crime against the Bakarwal girl, from being forwarded.

Asked if she is confident she will win as the crime branch, which is probing the rape-murder, has lost precious forensic evidence (the girl’s body was allegedly bathed and her clothes washed soon after she was found), she said, “It’s really messed up. The first few days after the crime was detected, some dreadful things happened. The local police station did not file an FIR. That happened only after 2-3 days. On January 17, her body was found. Then the ‘clean-up’ began. It was being hushed up. The policeman who did this is one of the eight accused.”

Rajawat, who said seriousness in the “pursuit for justice” came only after the HC intervened, asked why she should support seeking a CBI probe. “Does the CBI have a spotless record? I can rattle off cases that have been botched. I am happy with what the crime branch is doing. Though there have been setbacks, we have covered some ground. There are repairs being made. Just that the case now has to be transferred to some other part of the state. That is our only hope.”

Comments

angel of death
 - 
Monday, 16 Apr 2018

Great lady, i really appricate for your courage.. today is 8 year old muslim child tomorrow may be all indian child... so wake up all coward hindus... your religion has been hijaked by so called chutiya ram bakth & dickless desh bakth...before they come to your house asking for your daughter wake up... 

fabeen
 - 
Sunday, 15 Apr 2018

Please stand with this brave women lawer...we salute you sister....

A Father
 - 
Sunday, 15 Apr 2018

Dear Advocate, 

 

I salute you for the cause you are fighting.

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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
March 12,2020

The Ministry of Health and Family Welfare has prepared a draft for guidelines for home quarantine, as well as for the use of masks by public, in view of coronavirus.

What to do in Home Quarantine?

The government says, for those taking refuge to home quarantine should stay in a well-ventilated single-room preferably with an attached or separate toilet. It adds that if another family member needs to stay in the same room, it's advisable to maintain a distance of at least 1 metre between the two.

The government advised, coronavirus patients to stay away from elderly people, pregnant women, children and persons with co-morbidities within the household as their immune system may be low. The health minister also suggested to restrict the patient's movement within the house. "Under no circumstances attend any social/religious gathering e.g. wedding, condolences, etc, said the guideline.

It also instructed the corona virus infected person to avoid sharing household items like dishes, drinking glasses, cups, eating utensils, towels, bedding, or other items with others at home. The guideline also demanded that even though home quarantine, the patient should wear a surgical mask at all times. "The mask should be changed every 6-8 hours and disposed off. Disposable masks are never to be reused, it added.

"Masks used by patients/ caregivers/ close contacts during home care should be disinfected using ordinary bleach solution (5 per cent) or sodium hypochlorite solution (1%) and then disposed of either by burning or deep burial," instructs the government.

Even for family members of a patient, the health ministry clearly instructs to use disposable gloves when cleaning the surfaces or handling soiled linen. No visitors, under any circumstances will be allowed, said the guideline.

"In case the person being quarantined becomes symptomatic, all his close contacts will be home quarantined (for 14 days) and followed up for an additional 14 days or till the report of such case turns out negative on lab testing," states the draft.

How to wear & dump masks?

There is a specific and elaborate do's and don'ts also released by the ministry. For those unsure in which mask to choose, it says, "Medical masks of different sizes and shapes are available in the market. The common ones are flat pleated masks of woven fabric which covers the nose and mouth and affixed behind the head with straps/ elastic fasteners. There are also conical or duck bill shaped masks with valves (or without valves) that fit in the contour of face over the nose and mouth, but are costlier."

However, the ministry warns, medical masks should not be used by healthy persons who are not having any symptoms "because it creates a false sense of security". Instead, it suggests to refrain from touching face, mouth, nose and eyes as well as washing hands regularly with soap for 20 seconds each time.

However, when a person develops a cough or fever, the suspected patient needs to switch to medical masks. "Use of medical three layer masks when ill, will prevent your infection from spreading to others. However you also need to wash your hands frequently to avoid spreading infection to others," read the guideline.

Even if one is not tested positive but showing symptoms, they are advised to wear masks while visiting a healthcare facility. "Close family contacts of such suspect/confirmed cases undergoing home care should also use Triple layer medical mask," it warns.

The ministry has also given point by point guideline on how to use a mask like to make sure that they are facing down while unfolding or for that matter to ensure there are no gaps on either side of the mask.

It even warns, "Fit flexible nose piece (a metallic strip that can easily be located) over nose-bridge" to ensure no one else are infected. The government also warns against simple dumping of the masks once used. Instead one should disinfect "using ordinary bleach solution (5 per cent) or sodium hypochlorite solution (1 per cent) and then disposed of either by burning or deep burial," says the Health Ministry.

COVID-19 emerged in early December 2019 in China's Wuhan province and has now spread to over 100 countries. As on March 9, 2020, India has reported 42 cases mostly among those who had travelled from affected countries.

However the government says, "It causes a minor illness in majority of patients with symptoms of fever and or cough. A small proportion of such persons may progress to severe disease with difficulty in breathing."

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Agencies
August 7,2020

Kottayam, Aug 7: A trial court in Kottayam on Friday granted bail to Bishop Franco Mulakkal, accused of raping a nun in Kerala, with stringent conditions and directed him to be present on the dates of hearing of the case.

The Additional Sessions Court had cancelled the bail granted to the Bishop on July 13 for failing to appear for the trial and issued a Non Bailable Warrant against him.

Mulakkal was present in the Court on Friday when it considered the matter.

Granting bail, the court directed him not to leave the state till the chargesheet is read out to him on August 13 and to be present in court on the dates of hearing of the case.

The Court also directed him to offer fresh sureties and bail bonds.

On July 13, Mulakkal’s counsel had informed the court that his client could not appear as he had been in self quarantine due to his primary contact with a COVID-19 infected person.

The next day, the former Jalandhar Bishop had tested positive for coronavirus.

The prosecution informed the Court that Mulakkal had not produced the COVID negative certificate, to which the Court observed that the state Health Department can take necessary action on this issue.

The Supreme Court on Wednesday had directed Mulakkal to face trial as it dismissed his plea seeking discharge in the rape case lodged against him by the nun belonging to a congregation under Jalandhar diocese, saying there was no merit in his petition.

A bench of Chief Justice S A Bobde, A S Bopanna and V Ramasubramanian had told the counsel for Bishop that the court is not saying anything on merit, but is dismissing the plea on the issue of discharge from the case.

Mulakkal, in his plea had challenged the July 7 Kerala High Court order, dismissing his discharge plea in the rape case filed by the nun.

The High Court had asked the deposed Bishop of Jalandhar diocese to stand for trial in the rape case, which was registered on the basis of a complaint filed by the nun.

The senior priest of the Roman Catholic Church had filed the revision petition following the dismissal of his discharge plea by a trial court in March this year.

The rape case against the Bishop was registered by police in Kottayam district.

In her complaint to the police in June, 2018, the nun had alleged that she was subjected to sexual abuse by the bishop during the period between 2014 and 2016.

The bishop, who was arrested by the Special Investigation team, which probed the case, charged him with wrongful confinement, rape, unnatural sex and criminal intimidation.

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