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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News Network
July 2,2020

New Delhi, Jul 2: India's COVID-19 tally breached the 6 lakh cases mark with 19,148 new coronavirus cases being reported in the last 24 hours, informed the Union Ministry of Health and Family Welfare on Thursday.

The total cases now stand at 6,04,641 of which there are 2,26,947 active cases while 3,59,860 patients have been cured/discharged/migrated.

434 deaths have been reported in the last 24 hours taking the number of COVID-19 deaths in the country to 17,834.

Maharashtra, the worst-hit state, has a total of 1,80,298 cases including 8,053 fatalities. Meanwhile, Tamil Nadu has 94,049 cases inclusive of 1,264 deaths.

Delhi has 89,802 coronavirus cases including 2,803 deaths.

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News Network
February 14,2020

New Delhi/Washington, Feb 14: India has offered to partially open up its poultry and dairy markets in a bid for a limited trade deal during US President Donald Trump's first official visit to the country this month, people familiar with the protracted talks say.

India, the world's largest milk-producing nation, has traditionally restricted dairy imports to protect the livelihoods of 80 million rural households involved in the industry.

But Prime Minister Narendra Modi is trying to pull all the stops for the US President's February 24-25 visit, aimed at rebuilding bonds between the world's largest democracies.

In 2019, President Trump suspended India's special trade designation that dated back to 1970s, after PM Modi put price caps on medical devices, such as cardiac stents and knee implants, and introduced new data localization requirements and e-commerce restrictions.

President Trump's trip to India has raised hopes that he would restore some of the country's US trade preferences, in exchange for tariff reductions and other concessions.

The United States is India's second-largest trade partner after China, and bilateral goods and services trade climbed to a record $142.6 billion in 2018. The United States had a $23.2 billion goods trade deficit in 2019 with India, its 9th largest trading partner in goods.

India has offered to allow imports of US chicken legs, turkey and produce such as blueberries and cherries, government sources said, and has offered to cut tariffs on chicken legs from 100 per cent to 25 per cent. US negotiators want that tariff cut to 10 per cent. The Modi government is also offering to allow some access to India's dairy market, but with a 5 per cent tariff and quotas, the sources said. But dairy imports would need a certificate they are not derived from animals that have consumed feeds that include internal organs, blood meal or tissues of ruminants.

New Delhi has also offered to lower its 50 per cent tariffs on very large motorcycles made by Harley-Davidson, a tax that was a particular irritant for President Trump, who has labelled India the "tariff king." The change would be largely symbolic because few such motorcycles are sold in India.

President Trump will be feted in PM Modi's home state of Gujarat, then hold talks in New Delhi and attend a reception that the hosts have promised will be bigger than the one organised for former president Barack Obama in 2015.

But it is far from clear whether India's offers will be enough to satisfy US Trade Representative Robert Lighthizer, who cancelled plans for a trip to India this week. Instead, he has held telephone talks with Commerce Minister Piyush Goyal.

The US dairy industry remained sceptical on Thursday that a viable deal is at hand.

"We're always looking for market access, but in terms of India, as of today I'm not aware of any real progress going on," said Michael Dykes, president of the International Dairy Foods Association and a member of USTR's agricultural trade policy advisory committee.

Mr Dykes said the US dairy industry was looking for access in viable commercial quantities.

A USTR spokesman and India's trade ministry did not respond to requests for comment.

A parliament panel is reviewing a draft data privacy law that imposes stringent controls over cross-border data flows and gives the government powers to seek user data from companies.

It is not clear whether it will be passed, or in what form, but the possibilities have unnerved US companies and could raise compliance requirements for Google, Amazon.com Inc, and Facebook.

The draft law is not part of the trade discussions, Indian officials say, because the issue is too difficult to resolve at the same time.

"The privacy and localization piece will be raised independently and in concert with the trade discussions," said a Washington-based source with knowledge of the US administration's thinking.

President Trump on Tuesday was non-committal about sealing a trade deal before his visit. "If we can make the right deal, we'll do it," he told reporters.

Two US sources said progress had been made on proposed alterations to the medical device price caps. India's new import tariffs on medical devices, walnuts, toys, electronics and other products on February 1 surprised US negotiators, however.

The new tariffs were aimed at China, which also makes medical devices, according to an Indian government source. "We have to protect our market and our companies," the source said.

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News Network
May 20,2020

New Delhi, May 20: With 5,611 new cases reported in the last 24 hours, India's COVID-19 tally reached 1,06,750 on Wednesday, according to the Union Ministry of Health and Family Welfare.

As many as 140 deaths have been reported in the last 24 hours, taking the total number of deaths to 3,303.

Out of the total cases, 61,149 are actives cases and 42,298 patients have been cured/discharged/migrated.

Maharashtra continues to remain the worst-affected state with 37,136 cases, followed by Tamil Nadu (12,448 cases), Gujarat (12,140 cases), and Delhi (10,554 cases).

The nationwide lockdown imposed as a precautionary measure to contain the spread of coronavirus has been extended till May 31.

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