What Tejpal did falls within legal definition of rape: Victim

November 29, 2013

TejpalNew Delhi, Nov 29: Rejecting "insinuations" that her complaint is part of a pre-election political conspiracy, the victim of Tehelka Editor Tarun Tejpal's alleged sexual assault today said what he did to her "falls within the legal definition of rape".

In a statement ahead of Tejpal's journey to Goa to face police questioning, she said she was heartened by the broad support she has received over the past fortnight.

"However, I am deeply concerned and very disturbed by insinuations that my complaint is part of a pre-election political conspiracy," she said in a two-page statement.

Categorically refuting such insinuations, she put forward arguments to say what Tejpal did was rape.

While he was fighting to protect his wealth, influence and privilege, for her it was a fight to preserve nothing except "my integrity and my right to assert that my body is my own and not the plaything of my employer."

"Perhaps the hardest part of this unrelentingly painful experience has been my struggle with taxonomy. I don't know if I am ready to see myself as a "rape victim", for my colleagues, friends, supporters and critics to see me thus.

"It is not the victim that categorises crimes: it is the law. And in this case, the law is clear: what Mr Tejpal did to me falls within the legal definition of rape," the victim, a journalist in Tehelka, said. She has since resigned.

The girl said, "I categorically refute such insinuations and put forward the following arguments: The struggle for women to assert control over their lives and their bodies is most certainly a political one, but feminist politics and its concerns are wider than the narrow universe of our political parties.

"Thus, I call upon our political parties to resist the temptation to turn a very important discussion about gender, power and violence into a conversation about themselves."

Refuting allegations that she was acting on someone's behest, she said, "Suggestions that I am acting on someone else's behest are only the latest depressing indications that sections of our public discourse are unwilling to acknowledge that women are capable to making decisions about themselves for themselves.

"In this past week, television commentators who should know better, have questioned my motivations and my actions during and after Mr. Tejpal molested me.

"Some have questioned the time it took for me to file my complaint, more inquisitive commentators have questioned the use of the word "sexual molestation" versus words like "rape"," she said.

The victim also termed her case as a litmus test of the new anti-rape law.

"Now that we have a new law that broadens the definition of rape, we should stand by what we fought for. We have spoken, time and again, about how rape is not about lust or sex, but about power, privilege and entitlement. Thus this new law should be applicable to everybody - the wealthy, the powerful, and the well connected - and not just to faceless strangers," she said.

As seen by some of the responses to this case, instances of familial and custodial rape present doughty challenges to even the most adamantine feminists, she added.

She said that by choosing this path, she has opened herself to "personal and slanderous attack" and this will not be an easy battle.

"Unlike Mr. Tejpal, I am not a person of immense means. I have been raised singlehandedly by my mother's single income. My father's health has been very fragile for many years now.

"By filing my complaint, I have lost not just a job that I loved, but much-needed financial security and the independence of my salary. I have also opened myself to personal and slanderous attack. This will not be an easy battle," she said.

Remembering her days as a journalist reporting stories of rape survivors, she said that this "crisis" has confirmed the difficulties faced by them.

"In my life, and my writings, I have always urged women to speak out and break the collusive silence that surrounds sexual crime. This crisis has only confirmed the myriad difficulties faced by survivors.

"First, our utterances are questioned, then our motivations, and finally our strength is turned against us:  a politician will issue a statement claiming that speaking out against sexual violence will hurt our professional prospects; an application filed in the Delhi High Court will question why the victim remained "normal"," she said.

"Had I chosen silence in this instance, I would not have been able to face either myself or the feminist movement that is forged and renewed afresh by generations of strong women," she said.

"Finally, an array of men of privilege have expressed sorrow that Tehelka, the institution, has suffered in this crisis. I remind them that this crisis was caused by the abusive violence of the magazine's Editor-in-Chief, and not by an employee who chose to speak out," she said.

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Agencies
July 8,2020

The Jamaat-e-Islami Hind (JIH) has urged Muslims to take precautions during Eid ul-Adha (Bakrid), to be celebrated in the last week of July, and has issued guidelines on offering prayers and sacrifices.

"The namaz should be offered by adhering to the social distancing norms at eidgahs and mosques. Muslims should offer the Eid prayer at home in the same manner as they had done during Eid ul-Fitr in areas where restrictions have been imposed due to COVID-19," it said.

For the sacrifice of animals, a part of the festival, the JIH said "precautionary" measures should be taken due to the pandemic.

"Don't offer qurbani on roads, footpaths and pathways. Ensure the highest level of cleanliness and hygiene. Ensure that you bury the blood and entrails of the animal after qurbani or deliver it at the designated spot of garbage collection," the JIH said in a statement.

The JIH said it would be appropriate to form a committee few days before the Eid ul-Adha, which would keep an eye on the situation, remain in touch with the local administration and offer cooperation towards maintaining the law and order in the area.

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News Network
January 12,2020

New Delhi, Jan 12: As many as 109 children were sexually abused every day in India in 2018, according to the data by the National Crime Records Bureau, which showed a 22 per cent jump in such cases from the previous year.

According to the recently released NCRB data, 32,608 cases were reported in 2017 while 39,827 cases were reported in 2018 under the Protection of Children from Sexual Offences Act (POCSO).

POCSO Act, 2012 is a comprehensive law to provide for the protection of children from offences of sexual assault, sexual harassment and pornography. It requires special treatment of cases relating to child sexual abuse such as setting-up of special courts, special prosecutors, and support persons for child victims.

As many as 21,605 child rapes were recorded in 2018 which included 21,401 rapes of girls and 204 of boys, the data showed.

The highest number of child rapes were recorded in Maharashtra at 2,832 followed by Uttar Pradesh at 2023 and Tamil Nadu at 1457, the data showed.

Overall crimes against children has increased steeply over six times in the decade over 2008-2018, from 22,500 cases recorded in 2008 to 1,41,764 cases in 2018, according to the NCRB data from 2008 and 2018.

In 2017, 1,29,032 cases of crime against children were recorded.

Priti Mahara, Director of Policy Research and Advocacy at CRY – Child Rights and You (CRY) said, that while on the one hand, the increasing numbers of crimes against children are extremely alarming, it also suggests an increasing trend in reporting which is a positive sign as it reflects people's faith in the system.

"It also provides a direction in which government interventions must be made and evidence needs to be created. While some major efforts have been taken to ensure child protection, a lot more is needed to see expected results on the ground," Mahara said.

In percentage terms, major crime against children during 2018 were kidnapping and abduction which accounted for 44.2 per cent followed by cases under POCSO, which accounted for 34.7 per cent, the data showed.

A total of 67,134 children (19,784 male,47,191 female and 159 transgender) were reported missing in 2018. During the year 2018, a total of 71,176 children (22,239 male, 48,787 female and 150 transgender) were traced, the NCRB data said.

As many as 781 cases of use of child for pornography or storing child pornography material was also recorded in 2018, more than double that of  2017 when 331 such cases were recorded, the data showed.

The state-wise segregation of crimes against children reveals Uttar Pradesh, Madhya Pradesh, Maharashtra, Delhi and Bihar accounted for 51 per cent of all crimes in the country, the data said.

While Uttar Pradesh tops the list with 19,936 recorded crimes against children (14 per cent of total crimes), Madhya Pradesh and Maharashtra are the close second and third with 18,992 and 18,892 crimes registered respectively.

The report also showed that cases of sexual harassment in shelter homes against women and children reportedly increased by 30 per cent, from 544 cases recorded in 2017 to 707 cases in 2018.

Mahara suggested that financial investments must be adequately increased with a focus on prevention of crimes against children and the identification of vulnerable children and families.

"Strengthening community-level child protection system is also a key to prevention. While there is growing evidence of the precarious lives that children in India are leading, it is essential that this evidence is used to effectively inform policy and programme initiatives," she said.

As many as 501 incidences were also recorded under The Prohibition of Child Marriage Act, a 26 per cent jump from 2017 when 395 cases were reported under the Act.

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News Network
June 24,2020

New Delhi, Jun 24: In a stinging attack on the Gandhi family of the Congress, BJP president J P Nadda on Wednesday said a dynasty and its courtiers have "grand delusions" of the opposition being about itself and stated that a "rejected and ejected" family is not equal to the entire opposition.

In his tweets, Nadda said it was the time for unity and solidarity, and the "relaunch of the scion for the nth time can wait", an apparent dig at Rahul Gandhi, who has been aggressive in his attacks on Prime Minister Narendra Modi for his handling of the border row with China.

Nadda said India lost thousands of square kilometres of land due to the "misadventures of one dynasty" and claimed that the Siachen glacier, where the Indian Army has a strong presence, was almost gone. No wonder India has rejected them, he said.'

The BJP president posted a news report to back his assertions about Siachen.

"One 'royal' dynasty and their 'loyal' courtiers have grand delusions of the Opposition being about one dynasty. A dynast throws tantrums and his courtiers peddle that fake narrative. The latest one relates to the Opposition asking questions to the Government," Nadda said.

Though he did not directly name the Gandhi family or any of its members, the reference was clear.

He said it was the opposition's right to ask questions and added that the all-party meeting called by Prime Minister Narendra Modi saw healthy deliberations, with several opposition leaders giving their valuable inputs.

They also fully supported the Centre in determining the way ahead, Nadda said.

"One family was an exception. Any guesses who," he asked.

Targeting the Gandhis, the BJP president said, "One rejected and ejected dynasty is NOT equal to the entire Opposition. One dynasty's interests are not India's interests. Today, the nation is united and supportive of our armed forces. This is the time for unity and solidarity. Relaunch of 'the scion' for the nth time can wait."

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