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
January 3,2020

Dhaka, Jan 3: Bangladesh's paramilitary force chief said on Thursday that a total of 445 Bangladeshi nationals returned from India in last two months following the publication of the National Register of Citizens (NRC) by the Indian government.

Border Guard Bangladesh (BGB) Director General Maj Gen Md Shafeenul Islam disclosed the figure during a press briefing here.

"About 1,000 people were arrested in 2019 for illegal border crossings from India to Bangladesh, with 445 of them returning home in November and December," he said.

After verifying their identities through local representatives, BGB came to know that all the intruders are Bangladeshis, Islam said, adding that 253 cases were lodged against them for illegal trespass, while initial investigations found that at least three of them were human traffickers.

The BGB Director said the trespassing did not create any tension between the border forces of Bangladesh and India.

Last week, Islam visited India where he said that the creation of the NRC is completely an "internal affair" of India and the cooperation between the border guarding forces of the two countries is very good.

He said the BGB will continue to do its work of preventing illegal border crossings as per its mandate.

A BGB delegation, led by Islam, was on a bilateral visit to India to hold DG-level border talks with its counterparts, the Border Security Force (BSF).

The talks took place from December 26-29, during which a host of issues related to cross-border smuggling and activities of criminals and others along the 4,096-km-long front were discussed.

Responding to a question, Islam said, "No discussion was held at the conference over the (NRC) issue".

He said during the five-day talks held in New Delhi, the BGB demanded that the BSF should take effective steps to prevent killings of Bangladeshis on frontiers as casualty figures sharply rose in 2019.

"The number of border killings in 2019 was highest in the last four years. As per our calculation, the number of such unexpected deaths was 35," the BGB chief said.

However, the BSF estimate of the casualty figure is much lower than our calculation, he said.

Islam said the BSF is following the policy of maintaining maximum restraint and minimal use of force even after being attacked by "armed border offenders".

A statement issued by the BSF last month in New Delhi after the conclusion of the DG-level talks said, "On the concern of the BGB regarding the death of Bangladeshi nationals on borders, it was informed to them that a non-lethal weapon policy is strictly followed by BSF personnel on borders.

"Firing is resorted to only in self-defence, when BSF patrols are gheraoed and attacked by ‘dah’ (a sharp-edged weapon) etc. It was specified that the BSF does not discriminate between criminals based on nationality," it said.

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News Network
May 15,2020

Vishakhapatnam, May 15: LG Chem on Thursday said following the gas leak at its Visakhapatnam polymers plant, the company has started support measures and has begun the transportation of the Styrene Monomer inventory to South Korea to eliminate all risks factors.

The company would continue to work with government agencies to ensure all possible support for bereaved families and victims, LG Polymers, a step-down firm of LG Chem, said in a statement.

"We confirm the status-quo of the plant remains completely controlled by all measures. We have begun the transportation of the Styrene Monomer (SM) inventory within the plant as well as in the styrene tanks at the port by vessels to South Korea to prevent and eliminate all risks factors," the statement said.

The South Korean chemicals giant has sent an eight-member team from Seoul to investigate the Visakhapatnam gas leak incident and rehabilitate the victims of the tragedy that killed at least 11 people and forced the evacuation of thousands.

"The team of production, environment, and safety experts are currently investigating the cause of the incident and already supporting responsible rehabilitation which is their main objective," the statement said.

Furthermore, the team is working closely with related authorities to analyze the cause of the incident, prevent a recurrence, and support damage recovery in a prompt and expedient manner, it added.

On the support measures, the company said a special task force is currently supporting the bereaved victims and families and visiting them at the hospitals and their homes.

Besides, food and medical services have been organized for the returning residents. Various support activities such as supplying medical and household goods and sanitation of homes will be continued, it said.

"We assure everyone we will do our best to resolve the situation and prevent any incident in the future," the company said.

The company further said that "our teams will carry out mid-to-long-term Corporate Social Responsibility (CSR) projects that can contribute to the local community based on suggestions of the residents.

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News Network
August 3,2020

Indore, Aug 3: In a bizarre development, the Indore Bench of the Madhya Pradesh High Court has granted bail to an accused in a sexual harassment case on the condition that he will request the victim to tie a ‘rakhi’ on him with a promise to protect her “to the best of his ability for all times to come”.

Justice Rohit Arya on July 30 also ordered the man to pay Rs 11,000 to the complainant as a “customary ritual usually offered by brothers to sisters” on Raksha Bandhan and seek her blessings while visiting her with his wife and a box of sweets. “The applicant shall also tender Rs 5,000 to the son of the complainant for purchase of clothes and sweets,” the order said.

The court directed the accused to take photographs and receipts of payment made to the victim and her son, which should be filed through his lawyer for placing on record of the case before the Registry.

The victim, a resident of Ujjain district, had alleged that her neighbour, Vikram Bagri, entered her house and sexually harassed her on April 20. The police registered a case under Sections 452 (House-trespass after preparation for hurt, assault or wrongful restraint), 354 (A) (Sexual harassment and punishment for sexual harassment), 354 (Assault or criminal force to woman with intent to outrage her modesty), 323 (Punishment for voluntarily causing hurt) and 506 (Punishment for criminal intimidation) of the Indian Penal Code.

The order said the man, in jail for more than two months, was released on bail, on furnishing a personal bond of Rs 50,000 with “one solvent surety in the like amount to the satisfaction of the trial court, on the condition that he shall remain present before the court concerned during trial,” and comply with conditions under Section 437 (3) of CrPC, along with other conditions.

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