These ‘activists’ oppose death penalty for rape of minors

Agencies
April 21, 2018

New Delhi, Apr 21: Even as a number of leaders have advocated the death penalty for rape of girls aged below 12, child rights activists across the country have come out against the government's decision to amend the Protection of Children from Sexual Offences (POCSO) Act for this purpose.

The Union Cabinet on Saturday approved an ordinance to allow courts to award death penalty to those convicted of raping children up to 12 years of age.

The criminal law amendment ordinance seeks to amend the Indian Penal Code (IPC), the Evidence Act, the Code of Criminal Procedure (CrPC), and the Protection of Children from Sexual Offences (POCSO) Act to introduce a new provision to sentence convicts of such crimes punishment of death.

"In a country where there is no certainty of conviction, this government wants to bring in more stringent laws. In a country where most rapes are perpetrated by family members, invoking death penalty will only increase the chances of acquittal.

"Most of the cases will not be reported. There is a reason why the death penalty for child rape exists in only about 13 countries or so, most of them Islamic," said Bharti Ali of HAQ centre for child rights.

According to the data of the National Crime Records Bureau, 95 percent of the rapes are committed by family members. The conviction rate in cases of rapes of women is around 24 percent. It is 20 percent under the POCSO Act.

"I believe that the only deterrent in rape cases is a conviction in not more than 90 days. Worldwide we have seen that more than strict punishment, it is speedy justice that works as a deterrent.

"I fear that with the death penalty, most people will not report child rapes, as in most cases the accused are family members. The conviction rate will come down further," Vinod Tikoo, a former member of the National Commission for Protection of Child Rights, said.

According to a recent study by Kailash Satyarthi Children’s Foundation, it would take the courts two decades to clear the backlog of cases related to child sex abuse.

Activists say the government should focus more on strengthening the existing laws, ensuring the safety of victims and witnesses, speedy trials, and awareness generation.

"We already have the death penalty for several offences and that has not led to any deterrence. If we are looking to create a deterrent, then we have to create it where it works.

"Creating a supportive and enabling environment for the victim to report the crime on their terms, effective and meaningful victim and witness protection, sensitive criminal justice system - including courts, legal aid and police, rehabilitation and ensuring certainty of conviction of the accused are among the areas which will generate deterrence," said Ananth Kumar Asthana, advocate and child rights activist.

The government's move to amend the law to award the death penalty for rape of girls aged below 12 comes amid a nationwide furore over the brutal rape of an eight-year-old girl in Jammu and Kashmir's Kathua district, the alleged rape of a minor in UP's Unnao by a BJP MLA, and other incidents of sexual violence reported from different parts of the country recently.

Union minister of Women and Children Development Maneka Gandhi had a few days ago asked her department to work on a proposal to amend the POCSO Act to bring in the provision of the death penalty for the rape of a minor below the age of 12 years.

Delhi Commission for Women chief Swati Maliwal has been on a hunger strike at Samta Sthal here demanding death penalty for rapists.

Countries which have the provision of the death penalty for raping minors include China, Qatar, Sudan, UAE, Tajikistan, Tunisia, Bangladesh, Kuwait.

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News Network
July 3,2020

New Delhi, Jul 3: India reported the highest ever single-day spike of 20,903 COVID-19 cases in 24 hours on Friday, said the Union Ministry of Health and Family Welfare.

With these new cases, India's coronavirus tally has risen to 6,25,544 cases of which 2,27,439 patients are active cases while 3,79,892 patients have been cured/discharged/migrated.

379 more deaths due to COVID-19 were reported in the country in the last 24 hours, taking the number of deaths due to the infection to 18,213.

As per the Health Ministry, Maharashtra -- the worst-affected state from the virus -- has a total of 1,86,626 cases including 8,178 fatalities while Tamil Nadu has 98,392 coronavirus cases in the state inclusive of 1,321 fatalities.

Delhi has reported 92,175 cases so far inclusive of 2,864 patients succumbing to the virus.

The Indian Council of Medical Research on Friday said that the total number of samples tested till July 2 is 92,97,749 of which 2,41,576 samples were tested on Thursday.

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News Network
March 5,2020

Washington, Feb 5: Experts warned a US government panel last night that India's Muslims face risks of expulsion and persecution under the country’s new Citizenship Amendment Act (CAA) which has triggered major protests.

The hearing held inside Congress was called by the US Commission on International Freedom, which has been denounced by the Indian government as biased.

Ashutosh Varshney, a prominent scholar of sectarian violence in India, told the panel that the law championed by prime minister Narendra Modi's government amounted to a move to narrow the democracy's historically inclusive and secular definition of citizenship.

"The threat is serious, and the implications quite horrendous," said Varshney, a professor at Brown University.

"Something deeply injurious to the Muslim minority can happen once their citizenship rights are taken away," he said.

Varshney warned that the law could ultimately lead to expulsion or detention -- but, even if not, contributes to marginalization.

"It creates an enabling atmosphere for violence once you say that a particular community is not fully Indian or its Indianness in grave doubt," he said.

India's parliament in December passed a law that fast-tracks citizenship for persecuted non-Muslim minorities from neighboring countries.

Responding to criticism at the time from the US commission, which advises but does not set policy, India's External Affairs Ministry said the law does not strip anyone's citizenship and "should be welcomed, not criticized, by those who are genuinely committed to religious freedom."

Fears are particularly acute in Assam, where a citizens' register finalized last year left 1.9 million people, many of them Muslims, facing possible statelessness.

Aman Wadud, a human rights lawyer from Assam who traveled to Washington for the hearing, said that many Indians lacked birth certificates or other documentation to prove citizenship and were only seeking "a dignified life."

The hearing did not exclusively focus on India, with commissioners and witnesses voicing grave concern over Myanmar's refusal to grant citizenship to the Rohingya, the mostly Muslim minority that has faced widespread violence.

Gayle Manchin, the vice chair of the commission, also voiced concern over Bahrain's stripping of citizenship from activists of the Shiite majority as well as a new digital ID system in Kenya that she said risks excluding minorities.

More than 40 people were killed last week in New Delhi in sectarian violence sparked by the citizenship law.

India on Tuesday lodged another protest after the UN human rights chief, Michele Bachelet, sought to join a lawsuit in India that challenges the citizenship law's constitutionality.

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News Network
February 5,2020

New Delhi, Feb 5: Taking on Delhi Chief Minister Arvind Kejriwal after Shaheen Bagh shooter Kapil Baisala was identified as an AAP worker by police, BJP chief J P Nadda on Tuesday said it exposed the party and Kejriwal who were playing with the country's security.

The Aam Aadmi Party hit back, questioning the police investigation.

In a series of tweets, Nadda said people of the country and Delhi today have seen the "dirty face" of AAP.

"For political longing, Kejriwal and his people even sold the security of the country. Earlier, Kejriwal used to insult the Army and advocate terrorists, but today relations with those who carry out their terrorist activities came to light," he said.

Nadda said he wanted to make it clear to Kejriwal that this country is bigger than any election, any government, and "this nation will not forgive those who play with its security. Kejriwal and his entire team have been exposed. The people of Delhi will give a befitting reply".

He claimed the entire country has seen "photos of Imam Hussain, the MLA and former minister of the Delhi government, with a radical terrorist organisation, PFI".

Days before Delhi goes to polls, police claimed that Baisala is a member of the Aam Aadmi Party. They said Baisala joined the party in early 2019 along with his father.

Police said it had photos of Baisala purportedly joining AAP along with his father Gaje Singh last year.

AAP's Rajya Sabha MP Sanjay Singh alleged that photos which were part of investigation were leaked to the BJP. He also said the party will approach the Election Commission to raise this issue, which has cropped up four days before the polling date.

"On whose instance, the police is giving statement? How did the photos which were part of the investigation reach the BJP? Before the news came out, Manoj Tiwari in the morning stated that the accused was from AAP. How did Manoj Tiwari get this news," Singh questioned in a press conference.

Union minister and BJP's in-charge for the Delhi polls, Prakash Javadekar, in a press conference alleged that "their (AAP's) designs are very clear from the beginning and they are trying every trick".

The whole conspiracy of AAP is to "divide society, cause fear in a community and create a vote bank," he charged.

Javadekar also claimed that photos of Baisala were recovered by police from his mobile phone although they were erased.

He also claimed that Baisala and his father were welcomed by Sanjay Singh at their joining of AAP.

"This proves AAP misleads youth and pushes them on the wrong path. AAP's strategy is to divide two communities, they want to instigate riots in Delhi," Javadekar alleged.

He further alleged that AAP leader Sanjay Singh had said violence would take place in Delhi. Their "conspiracy has been exposed by Delhi Police," he claimed.

"We condemn this politics of AAP," he said.

Javadekar also claimed this was "not an isolated incident" as AAP member Amanatullah Khan made a "very provocative speech" and the party supported Shaheen Bagh and did not give permission for the prosecution of members of the "tukde-tukde gang".

He hinted the BJP could approach the Election Commission against AAP over the issue.

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