25 years' court data proves RSS chief wrong; 75% of rape convicts from 'Bharat'

January 5, 2013

shame_in_numberNew Delhi, Jan 5: Women's groups have criticised RSS chief Mohan Bhagwat's view on rape in "India" and "Bharat" for being regressive. But data shows that not only are Bhagwat's views regressive, they're also plain wrong.

While the National Crime Records Bureau does not split registered cases of sexual assault by rural and urban areas, Mrinal Satish, an associate professor of law at Delhi's National Law University, used court data to find that 75% of rape cases that led to convictions over the last 25 years were from rural India.

For his doctoral dissertation at the Yale Law School in the US, Satish looked at all high court and Supreme Court cases involving rape reported in the Criminal Law Journal (which reports criminal law cases) between 1983 and 2009 in which at least one court (trial court, HC or SC) had convicted the accused. The data thus does not include cases in which the accused was acquitted at all levels. Satish also had to leave out cases that were not for some reason reported in the Journal.

He found that over 80% of these rape cases in high courts and close to 75% of rape cases in the Supreme Court came from rural areas. Close to 75% of gang rape cases in HCs and 63% of gang rape cases in the SC came from rural areas. Over 65% of cases involving the rape of a child (less than 12 years old) came from rural areas. On average, 75% of all rape cases in higher courts that had led to at least one conviction came from rural areas. While the numbers are fairly proportional to India's rural/urban population, they do disprove Bhagwat's statement that rapes do not take place in rural areas.

"Rape as a tool of caste violence is rampant in rural areas," says Kalpana Viswanath of the women's rights group Jagori. "The controlling of women's bodies through institutions like khap panchayats is also a rural phenomenon," says Viswanath.

Moreover, activists hotly dispute Bhagwat's attempt to draw a correlation between "modernity" and rape. For one, custodial rape, which has little correlation with "modernity", is rampant in India. The case that changed the history of rape law in India, the Mathura rape case in which two policemen in north-east Maharashtra raped a tribal girl in a police station, was a case of custodial rape. Rapes of disabled women, patients in hospitals, children and older women - all with little association with "modernity" - are extremely common, Viswanath adds. "Ultimately this is an attempt to take the debate back to making rape the fault of women, rather than focusing attention on where it's needed, on society and institutions," says Viswanath.

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Agencies
May 9,2020

New Delhi, May 9: The Supreme Court on Friday agreed to consider a plea raising the issue of mass termination and the illegal salary cut of employees in IT/ITES/BPO/KPI by their employers during the lockdown due to the spread of the coronavirus.

A bench comprising Justices Ashok Bhushan, S.K. Kaul and B.R. Gavai, taking up the matter through video conferencing, agreed to examine the issue and listed it for May 15.

The petition, argued by senior advocate Devadatt Kamat, was filed by National Information Technology Employees Sena (NITES) through advocate-on-record Amit Pai, and sought implementation of directions issued by the Centre on March 29 and similar advisories issued by several other states mandating payment of wages/salaries to the employees and also directed not to terminate them during the period of lockdown.

A directive was issued by the Union Ministry of Labour and Empowerment to all Chief Secretaries of state governments to issue advisories to public and private companies to not lay off employees or implement pay cuts during lockdown.

In the Centre for Monitoring Indian Economy (CMIE) report published on April 19, it was noted that "several companies across the country have started to terminate its employees without any reasonable cause and have started withholding their salaries. It is submitted that in such testing times, the rights of the employees ought to be protected by necessary orders/directions to the companies through the Respondents to effectively implement the lockdown and to contain the spread of the virus", said the plea.

On March 29, the Centre issued an order directing all states and Union Territories to issue orders, requiring all the employers in the industrial sector and shops and commercial establishments to pay wages on the due date without any deduction during their closure due to the lockdown.

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News Network
January 15,2020

New Delhi, Jan 15: The Delhi government Wednesday told the high court that execution of the death row convicts in the Nirbhaya gangrape and murder case will not take place on January 22 as a mercy plea has been filed by one of them.

The four convicts -- Vinay Sharma (26), Mukesh Kumar (32), Akshay Kumar Singh (31) and Pawan Gupta (25) -- are to be hanged on January 22 at 7 am in Tihar jail. A Delhi court had issued their death warrants on January 7.

Justices Manmohan and Sangita Dhingra Sehgal were told by the Delhi government and the Centre that the petition filed by convict Mukesh, challenging his death warrant, was premature.

The Delhi government and the prison authorities informed the court that under the rules, it will have to wait for the mercy plea to be decided before executing the death warrant.

They also said that none of the four convicts can be executed on January 22 unless the present mercy plea is decided.

The Supreme Court had on Tuesday dismissed the curative pleas of Mukesh and Vinay.

The mercy plea hearing began Wednesday morning and will continue in the afternoon.

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News Network
March 7,2020

Srinagar, Mar 7: Two more accused, including a man who allegedly bought chemicals online for making improvised explosive device (IED) to be used in an attack on a convoy of the Central Reserve Police Force (CRPF) in Jammu and Kashmir's Pulwama last year, were arrested by the National Investigation Agency (NIA) on Friday, an official said.

The terror attack left 40 CRPF personnel dead in south Kashmir's Pulwama last year.

Waiz-ul-Islam, 19, from Srinagar and Mohammad Abbass Rather, 32, from Pulwama were arrested by the NIA, taking the number of those arrested in the case in the past week to five.

"During initial interrogation, Islam disclosed that he used his Amazon online shopping account to procure chemicals for making IEDs, batteries and other accessories on the directions of Pakistani Jaish-e-Mohammed (JeM) terrorists," the official said.

He said Islam personally delivered the items to the JeM terrorists after buying them online as a part of the conspiracy to carry out the attack.

"Rather is an old overground worker of the JeM. He has disclosed that he gave shelter at his home to Jaish terrorist and IED expert Mohd Umar after he came to Kashmir in April-May 2018," the official said.

Rather also sheltered other JeM terrorists - suicide bomber Adil Ahmad Dar, Sameer Ahmed Dar and Kamran, a Pakistani -- at his house before the Pulwama attack, the official said.

"He also facilitated safe shelter for the JeM terrorists, including Adil, at the house of accused Tariq Ahmed Shah and his daughter Insha Jan of Hakripora, who were arrested on March 3," the official said.

He said Islam and Rather will be produced before the NIA special court in Jammu on Saturday, while further investigation in the case continues. The NIA took over the case to probe the conspiracy behind the February 14, 2019, attack in Pulwama.

The last video of Adil, which was released by the JeM from Pakistan after the terror attack, was filmed at the home of Tariq Ahmed Shah. On February 28, the NIA achieved a major breakthrough in the case when it arrested 22-year-old Shakir Bashir Magrey, a furniture shop owner and resident of Pulwama.

Magrey had given shelter and other logistical assistance to suicide bomber Adil. He was introduced to Adil in mid-2018 by Pakistani terrorist Mohammad Umar Farooq and he became a full-time OGW of the JeM.

The explosives used in the attack were determined through forensic probe to be ammonium nitrate, nitro-glycerin and RDX. During investigation into the attack, the identity of the suicide bomber to be Adil Ahmad Dar was confirmed through DNA matching with that of his father.

The other key terrorists involved in the attack have been found to be JeM's south Kashmir divisional head Muddasir Ahmad Khan, killed in an operation by the security forces on March 11 last year; Pakistani terrorists Muhammad Umar Farooq and IED expert Kamran, both killed on March 29 last year; the owner of the car Sajjad Ahmad Bhat, a resident of Anantnag who was killed on June 16 last year, and Qari Yassir, JeM's commander for Kashmir who was killed on January 25 this year.

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