Wednesday, February 20, 2013

Justice (retired) J S Verma Committee brings the issue of marital rape on discussion table....India may not be ready to make it an offence, but the debate will bring some liberal thoughts having wider implications in long run




http://t.co/eU2YO6bM

Marital rape may be discussed in Parliament

Vishwa Mohan & Rakhi Chakrabarty |TNN | Feb 16, 2013, 02.40AM IST

NEW DELHI: In what could be the first step to bring the issue of marital rape to the centerstage, members of Parliament are likely to discuss whether it should be treated as an offence during the coming budget session.

The contentious issue, which has remained on the fringes of discussions over criminal laws, will be brought to the mainstream when the government moves to replace the Criminal Law (Amendment) Ordinance with a bill providing for stringent punishment for crimes against women.

Members of Left parties, who have opposed the ordinance as they think the government did not do justice with the Verma Committee recommendations on many issues including marital rape, are expected to raise the issue in unequivocal terms when they push for a 'resolution' disapproving the ordinance.

With Parliament's budget session being convened from February 21, the Rajya Sabha has already admitted the Left-backed resolution to disapprove the Ordinance on Criminal Law (Amendment) that incorporated many key recommendation of the Justice J S Verma Committee report. CPI members D Raja and M P Achuthan had submitted this resolution to the Upper House on February 11.

Seeking to disapprove the ordinance, Raja said, "Why did the government have to bring the ordinance three weeks before Parliament is scheduled to meet?"

Though the ordinance, promulgated by the President on February 1 in the wake of public outrage over the December 16 gang rape, did not include the Verma panel's suggestions for punishing marital rape, the government had indicated that it was quite open to discuss the contentious issue.

The resolution will be listed during the first half of the budget session (February 21-March 22) as the government is mandated to replace the ordinance within six weeks (42 days) of convening Parliament. The House will adjourn on March 22 to meet again on April 22 after a month-long recess.

Before making its way to Parliament, the issue of marital rape will, however, be first discussed during the meeting of the parliamentary standing committee on home affairs on February 18.

The panel, considering the pending Criminal Law (Amendment) Bill, will also discuss suggestions came from women rights activists and other groups relating to prosecution of members of armed forces under ordinary criminal law in sexual violence cases. At present, there is a provision of sanction for prosecuting such offenders under the Armed Forces Special Powers Act (AFSPA).

Women rights groups including All India Democratic Women's Association (AIDWA) have rooted for recognize marital rape as an offence. Explaining the stand, the group's general secretary Sudha Sundararaman said, "This exemption (in ordinance), totally and unreasonably, ignores the long standing demand of the women's organizations and others to recognize marital rape as rape".

The association has also submitted its suggestions to the parliamentary panel seeking amendments in the pending Bill to include marital rape as an offence.

Turning down the contention that the government had rejected important recommendations of the justice Verma Committee report, finance minister P Chidambaram had on February 4 said that the ordinance was "only the starting point of a legislative process". He had appealed for patience, assuring more consultations over a range of issues like marital rape, reduction of juvenile age, creation of the offence of "breach of command responsibility" and amending CrPC relating to sanction and the AFSPA..........................................................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDEzLzAyLzE2I0FyMDE5MDA=&Mode=Gif&Locale=english-skin-custom

Death penalty ....... 'rarest of the rare' doctrine goes for six ... Is it really a cultural phenomena in India?




http://t.co/PQBXX6UP
One death penalty commuted to life term every day in India


Vishwa Mohan & Himanshi Dhawan,TNN | Feb 18, 2013, 03.34AM IST
NEW DELHI: India may be reporting one death penalty every third day but it also commutes one capital punishment to life imprisonment every day - thanks to Delhi which leads the chart by making course correction in old cases. 

The national Capital, which reported 71 death penalties during 2001-11, saw 2,462 commutations in that 11-year period - accounting for more than 50% of the total commutations (4,321) in the country. Most of these commutations were related to cases where convicts were awarded death penalties by lower courts before 2001. 

Incidentally, Delhi saw more than 99% of the commutations (2,451) in just three years (2005-07) when higher courts went on an over-drive to commute death sentences of convicts to life imprisonment in unprecedented numbers. 

The figures - compiled by the National Crime Records Bureau of the home ministry -- indicate that lower courts were more inclined to award death penalty in previous decades which were later overturned by higher courts during 2001-11. 

Prashant Bhushan, senior Supreme Court lawyer, said, "I am not aware of the Delhi data but there is no standard for death penalty and it depends on the whims of the judges. Perhaps the judges at the helm of affairs at the time were inclined to give death penalty more readily." 

He argued that seeking/awarding death penalty also appeared to be "a cultural thing". For instance, Bhushan said, even among the India Gate protestors (post-December 16 gang rape), there were many who demanded that hanging be made the punishment for rape but the more mature women's organizations opposed this. 

Besides Delhi, the commutation of death penalty to life imprisonment was reported from Uttar Pradesh (458) followed by Bihar (343), Jharkhand (300), Maharashtra (175), West Bengal (98), Assam (97), Odisha (68), Madhya Pradesh (62), Uttaranchal (46), Rajasthan (33), Tamil Nadu, Punjab and Chhattisgarh (24 each), Haryana and Kerala (23 each) and Jammu & Kashmir (18). 

Suhas Chakma, director of Asian Centre for Human Rights who has been calling for abolition of capital punishment, said, "Death penalty is being awarded by sessions courts very regularly by integrating or misinterpreting 'rarest of rare' doctrine to any situation or circumstance. This is a cause of extreme concern and there needs to be greater awareness on what constitutes rarest of rare." 

Asked about the unprecedented high commutation figures in Delhi, a former secretary in the city home department said, "This is a very high number. I can only assume that the trial and lower courts have been generous in handing out death penalty to convicts which have been subsequently overturned by high courts.''................................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTMvMDIvMTgjQXIwMTAwMA==&Mode=Gif&Locale=english-skin-custom

Death penalty......President can just sit over the mercy pleas if he doesn't want to send a convict to gallows; can't reject the decision of the council of ministers




http://t.co/mjgfgCC4
President Pranab Mukherjee may turn down 5 more mercy pleas


Vishwa Mohan & Himanshi Dhawan,TNN | Feb 15, 2013, 12.11AM IST 

The President had sent the files to Union home minister Sushilkumar Shinde on October 30 for his review and opinion. Shinde sent the files back within 100 days in a major shift from the pattern.

NEW DELHI: The Union home ministry is learnt to have recommended rejection of mercy petitions in five more cases as it seeks to speedily dispose of all the cases of death row convicts pending with it.


Seeking to have a swift closure on the cases of those who have filed mercy pleas against capital punishment awarded to them, the ministry has sent all the pending files to President Pranab Mukherjee for a final call.


Sources said that seven cases involving the fate of nine people have been sent to the President, with the ministry recommending rejection of the mercy pleas in five cases. It has and left the two remaining ones open for commutation of death sentence to life imprisonment with the rider that the life term means jail for the entire life of the convict and not just 20 years or 14 years in prison.


The President had sent the files to Union home minister Sushilkumar Shinde on October 30 for his review and opinion. Shinde sent the files back within 100 days in a major shift from the pattern where decisions on mercy petitions were indefinitely delayed with files shuttling between the home ministry and the Rashtrapati Bhavan.


Though the case-wise recommendations for convicts were not known as both the home ministry and Rashtrapati Bhavan continue to remain tightlipped on mercy petition files, the seven cases relate to multiple murders, including one in which a rape convict out on bail killed five members of the victim's family.


While two files were sent to Rashtrapati Bhavan on February 9 (the day Parliament House attack case convict Afzal Guru was hanged), the remaining five files were dispatched last month.


The mercy files, which have been pending for years while moving to and fro between Rashtrapati Bhavan and the home ministry, saw unprecedented movement of late, resulting in two quick hangings (Ajmal Kasab and Afzal Guru) within less than three months. Mukherjee had rejected the mercy plea of Kasab on November 5, and Guru on February 3.


The files, which are now with President Mukherjee, include the longest pending case of Gurmeet Singh of Uttar Pradesh, who was convicted for killing 13 members of a family on August 17, 1986. The others cases are of Suresh and Ramji, also from UP, who were convicted for killing five members of their brother's family and Dharampal from Haryana, who had murdered five members of the family of a girl he had raped in 1993. He had murdered the family while on bail in the rape case.


The other cases are of Sonia, daughter of a former Haryana MLA, and her husband Sanjeev, who drugged and killed eight of her family in Hisar in 2001, including her parents. Sunder Singh from Uttarakhand is convicted for rape and murder on June 30, 1989, Jafar Ali from Uttar Pradesh who was convicted for killing wife and five daughter in 2002 and Praveen Kumar of Karnataka, convicted for killing four members of a family on February 23, 1994.


Mukherjee has so far disposed of mercy petitions of eight death row convicts in five cases.


The President has also rejected the mercy petitions of Saibanna Ningappa Natikar (Karnataka: convicted for killing wife and daughter) and mercy petitions of slain forest brigand Veerappan's associates Gnanaprakash, Simon, 'Meesai' Madaian and Pilavendran, who were sentenced to death for killing 22 police personnel in 1993.


However, the mercy petition of Atbir (Delhi), who was convicted for murder of his step-mother, step-sister and step-brother over property, was commuted to life imprisonment by the President.



Strained mercy:


1,455 persons awarded death penalty in India from 2001 to 2011


Sentences for 4,321 persons were commuted from death penalty to life imprisonment during the same period.


Highest number of death penalty was imposed in Uttar Pradesh (370) followed by Bihar (132), Maharashtra (125), Karnataka and Tamil Nadu (95 each), Madhya Pradesh (87), Jharkhand (81), West Bengal (79), Delhi (71), Gujarat (57), Rajasthan (38), Kerala (34), Odisha (33), Haryana (31), Assam (21), Jammu & Kashmir (20), Punjab (19), Chhattisgarh (18), Uttarakhand (16), Andhra Pradesh (8), Meghalaya (6), Chandigarh and Daman & Diu (4 each), Manipur and Himachal Pradesh (3 each), Tripura and Pondicherry (2 each) and Goa (1)


No death penalty imposed in Arunachal Pradesh, Mizoram, Nagaland and Sikkim and Union Territories of Andaman & Nicobar Islands, Dadra & Nagar Haveli and Lakshadweep


Sentences of 4,321 persons were commuted from death penalty to life imprisonment in the country during 2001-11


(Source: Asian Centre for Human Rights report comprising NCRB data).........................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDEzLzAyLzE1I0FyMDAzMTE=&Mode=Gif&Locale=english-skin-custom

Afzal Guru's hanging --- Government shows its cruel face




http://t.co/OXilr4Aw
Letter intimating Afzal Guru’s family ‘traceless’ for over 48 hours


Vishwa Mohan,TNN | Feb 14, 2013, 06.07PM IST 

India Post website has no details of the status of the speed post letter on the day (February 9) Afzal Guru was hanged inside Tihar Jail.

NEW DELHI: With the government facing all-round criticism for the way it went about informing AfzalGuru's family about his impending hanging, it now emerges that the India Post website has no details of the status of the Speed Post letter on the day (February 9) the Parliament House attack convict was hanged insideTihar Jail.


India Post's website - which allows online tracking of Speed Post consignments — has time-wise details of the 'item' (letter to Guru's family) for February 8 (Friday), 10 (Sunday) and 11 (Monday), but left February 9 (Saturday) out of its information network - giving an impression that the letter from Tihar authorities remained 'traceless' for over 48 hours.



However, now when we tried to track the mail again through the India Post's Speed Post tracker, it was unavailable.



Tracking the Speed Post letter (ED828032795IN) shows that it was booked post-midnight (12.07am on February 8) at New Delhi GPO and delivered to Guru's wife Tabassum at her Sopore address at 11.02am on February 11 - nearly 51 hours after Guru was hanged.




Timings given on the website show that the bag carrying the letter was dispatched to Srinagar at Palam airport at 10.29am on February 8 and was received in Srinagar at 1.03pm on February 10. It took the postal department another four hours to dispatch the 'letter' to Sopore. The 'item' - meant for Guru's wife - reached Sopore the next morning around 9.50am and was finally delivered to Tabassum at 11.02am on February 11.



The postal department not knowing about the contents of the letter and the curfew in Srinagar and Sopore post-hanging could be possible excuses but the timings mentioned in the speed post tracking system could well explain the lack of seriousness on the government's part to inform Guru's family on time.






Though there is some unease within the government over house arrest of journalist Iftikar Gilani and the way police allegedly handled his children as claimed by him, officials said there was unanimity at the top levels about informing Guru's family through Speed Post — an indication that the government indeed did not want to invite trouble before the execution.



The speed post controversy, in fact, did not deter home minister Sushilkumar Shinde from defending the government's decision to hang Guru in a hush-hush manner. Shinde had on Monday admitted that the government had rushed to hang Guru and that too quietly within six days of getting his mercy plea rejected as it did not want his case to meet the same fate as that of the killers of former PM Rajiv Gandhi and former Punjab CM Beant Singh.




He had suggested that disclosure of the execution plan had given the killers of Rajiv Gandhi and Beant Singh enough time to approach courts after their mercy petitions were rejected by the President.



Geelani was detained at his father-in-law and separatist leader Syed Ali Shah Geelani's house here on the day of Guru's hanging. He was, however, later allowed to go when fellow journalists intervened and took up the matter with the police. The home ministry has, meanwhile, asked Delhi Police for an explanation over the incident which has put a question mark over the government's intention......................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JUFUvMjAxMy8wMi8xNCNBcjAxMTAy&Mode=Gif&Locale=english-skin-custom

Afzal Guru's hanging.......Debate around this hanging may go far




http://t.co/YxNqydO8

Afzal Guru hanged, remains in Tihar; no last wish, refused to eat


Vishwa Mohan, Bharti Jain & Indrani Basu,TNN | Feb 10, 2013, 01.11AM IST 

Afzal Guru, who helped plot the attack and arranged logistics for the Pakistani attackers, was not informed until around 5 am Saturday morning about his impending death.


NEW DELHI: Afzal Guru, the key collaborator of the Pakistani jihadis who attacked Parliament on December 13, 2001, was hanged at 8am on Saturday, bringing a sense of closure to the audacious terror attack that could have wiped out a section of India's top political leadership and brought the two nations to war.

The terror attack, in which a group of five Pakistanis from Maulana Masood Azhar's Jaish e Mohammed managed to enter Parliament premises, resulted in nine deaths. But its impact went far beyond: it brought India and Pakistan to an eyeball-toeyeball confrontation as a seething Vajpayee government ordered the country's biggest military mobilization, Operation Parakram.

The Pakistan jihadis had planned to kill as many Indian parliamentarians as they could and take the rest hostage. They were planning to emulate fellow Jaish jihadis who had earlier secured the release of their leader, Masood Azhar, and Daniel Pearl's killer, Omar Sheikh, by hijacking an Indian Airlines plane to Kandahar in December 1999.

Coming just after the 9/11 attack in New York, the Parliament attack also vividly brought home the enormity of India's terror challenge, leading to the enactment of special anti-terror law, POTA, and a new era of heightened security typified by a fortification of Parliament and modernization of India's security apparatus.

Guru, who helped plot the attack and arranged logistics for the Pakistani attackers, was not informed until around 5 am Saturday morning about his impending death, although he had sensed something was afoot when jail authorities vacated the cells next to his. The terrorist looked tense and skipped his dinner on Friday and was stunned when the death warrant was read out on Saturday morning.

According to jail sources, Guru was looking dazed when he was asked to sign certain documents. He bathed and offered namaz before six jail warders marched him to the scaffold. He was handed to the executioner at around 7.30am and was pronounced dead at 8am.

Given the far-reaching changes brought about by his actions, Afzal's hanging — the second in three months for sensational terror attacks after Ajmal Kasab's on November 21, 2012 — the hanging was kept an ultra-secret affair in order to avert repercussions in J&K and dodge last-minute legal challenges. The Centre informed J&K chief minister Omar Abdullah about the execution just 12 hours before the hanging.

The decision to bury Guru inside Tihar's Jail No. 3 in the maximum security prison complex, just like another Kashmiri terrorist Maqbool Butt who was hanged in 1984, was aimed to preventing the grave from becoming a rallying point for pro-Pakistan secessionists from J&K.

Guru's family member and counsel claimed that they had been kept in the dark about the execution and insisted that the body should have been handed over to them.

Guru's hanging, 11 years after the attack by ISI-backed JeM and seven years after Supreme Court confirmed the death sentence awarded to him was preceded by a wrenching and highly politicized debate on the long delay in carrying out this capital punishment. But the government moved swiftly once it made up its mind.......................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTMvMDIvMTAjQXIwMDMwMA==&Mode=Gif&Locale=english-skin-custom

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VIP Security .... nothing changed for common citizens despite a dip in the list of privileged ones .... 2010 and 2011 figures produce same result




http://t.co/uabsIJ4F
3 cops to protect each VIP, just 1 policeman for 761 citizens


Vishwa Mohan,TNN | Feb 8, 2013, 12.56AM IST 

Government’s figures show the 14,842 VIPs enjoying state protection are also drawing more than what they are entitled to by way of police escorts — 15,081 personnel in excess of what has been actually sanctioned for their security.
NEW DELHI: India's police personnel to population ratio is 1: 761, but there are as many as 47,557 cops protecting 14,842 VIPs across the country or three police personnel to one protectee even as rising crime poses a serious threat to the security of the common citizen.

Excessive deployment of police persons to secure VIPs is not just a Delhi's phenomena where the country's who's who lives as the VIP security is highest in Punjab followed by Delhi and Assam. In fact, hardly any state is immune from the red and blue beacon syndrome.

Government's figures show the 14,842 VIPs enjoying state protection are also drawing more than what they are entitled to by way of police escorts — 15,081 personnel in excess of what has been actually sanctioned for their security.

The figures, released by the Bureau of Police Research and Development (BPR&D) of the ministry of home affairs, show a staggering deployment of police personnel for security duties rather than basic tasks like making the nation's streets safer. It is hardly surprising that police forces remain overworked and understaffed.

The data, as on January 1, 2012, presents a grim scenario with some states like West Bengal having one cop for 1,658 citizens. Delhi is slightly better with one cop for 253 people but it is no surprise that the efficiency of the city police is impacted with a dozen police personnel guarding each of 427 VIPs - adding up to around 5,000 cops.

In fact, states like Bihar have a far more lop-sided ratio (1,456), followed by UP (1,173), Dadra & Nagar Haveli (1,046) and MP (962).

Although the number of protected persons dipped last year as compared to 2010, deployment for VIP security is still quite high as compared to the sanctioned strength for this purpose as are the number of VIP protectees. In 2011, as many as 3,030 people were given police security in Bihar, followed by Punjab (1,798) and West Bengal (1,698).

The data, comprising figures for 2011 and 2010, reveal how different states and Union Territories tend to deploy more and more cops for VIP security than the sanctioned strength of police personnel for this purpose, faced with an increasing clamour for a security detail that is seen as a status symbol.

Though the Union home ministry had in the last two years pruned the central list of VIP protectees, including ministers and bureaucrats, by constantly reviewing the 'real' threat perception, states do not seem to respond accordingly despite facing a huge shortage of police personnel.

In 2010, all the states and UTs together deployed 50,059 police personnel for protecting 16,788 VIPs, including ministers, MPs, MLAs, bureaucrats and judges. Interestingly, deployment of police personnel for these VIPs during the year was 21,761 more than what was actually sanctioned for their security.

The data, presented to the home ministry by the BPR&D, also shows that Punjab, which reports a vacancy of around 12,000 police personnel, topped the list sparing 5,811 cops to secure VIPs followed by Delhi (5,183), Assam (4,278) and Andhra Pradesh (3,664) despite facing shortage.

Though these figures slightly vary for Delhi as it has to deploy more whenever VIPs of other states or foreign dignitaries have to visit the national Capital, the BPR&D has taken into account the deployment figure of six months while arriving at the final data...................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTMvMDIvMDgjQXIwMDMwMA==&Mode=Gif&Locale=english-skin-custom

Tuesday, February 19, 2013

MHA vs. MoD over conduct of Indian Air Force personnel in Red Zone

http://t.co/lPOYInDz
MHA, MoD at war over IAF men 'fleeing' Reds


Vishwa Mohan,TNN | Feb 6, 2013, 12.39AM IST 

NEW DELHI: The spat over Indian Air Force (IAF) personnel allegedly abandoning an injured police wireless operator after Maoists' firing forced the chopper they were in to land is deepening with the home ministry describing the IAF crew's conduct as "extremely disturbing" and demanding an inquiry. 

In a developing war of words, the home ministry has virtually accused six IAF personnel, including two commandos, of losing their nerve in leaving behind a bleeding Chhattisgarh Police constable Yamlal Sahu in the chopper along with a light machine gun and a pistol. 

The home ministry has asked the defence ministry to probe the incident that occurred in a deeply wooded area of Chhattisgarh's Sukma district last month, with home secretary R K Singh writing to his defence counterpart Shashikant Sharma last week questioning the IAF men's actions. 

Singh argued that the IAF men seem to have violated standard operating procedures in deserting the helicopter, their weapons and the injured wireless operator, reflecting poorly on their battle hardiness. 

The IAF detachment has sought to justify its decision to rush to the safety of the Central Reserve Police Force camp at Chintagufa on the ground that they were seeking help for the injured wireless operator. But with Sukma notorious for its heavy Naxal presence, fears of a "Black Hawk down" scenario may not have seemed out of place. 

The Mi-17 chopper was forced to land after it was fired at by automatic weapons with bullets striking the windscreen and fuel tank. Two bullets hit Sahu in the thigh and stomach and he later lay in the crashed chopper messaging for help that took three hours to reach. 

"In view of the above (episode), I request you to kindly have the matter inquired into and take action deemed fit", said Singh in his note even as the IAF is already conducting a court of inquiry (CoI) into the entire incident. 

Earlier, defence minister A K Antony had sought a detailed report from the IAF in the wake of media coverage that highlighted how the IAF personnel had preferred to save their own lives by fleeing the site without leaving at least the commandos behind with Sahu. 

IAF, on the other hand, feels that police must bear part of the blame for not sanitizing the area where the chopper was to air lift two injured persons from a paramilitary camp. 

Stating that necessary action will be taken against anyone who committed lapses and did not follow SOPs, an IAF official said, "A court of inquiry (CoI) is looking into the entire incident. It will examine all aspects, right from the clearances and sanitization required for the helipad (by the policemen on the ground) to the handling of the emergency by the pilots since the Mi-17 was hit by 18-19 bullets and the action taken thereafter".

He, however, emphasized, "The CoI will also look into the role of other security agencies concerned" - an indication that IAF feels the Chhattisgarh Police might have also been erred in not sanitizing the landing site of the IAF chopper at Timilwada in Sukma. 

Admitting that the landing site was not the properly sanitized by the Chhattisgarh Police, the home secretary on January 30 wrote, "We'll take this issue separately with the state police". 

The home secretary is learnt to have written to Sharma after getting detailed report of the incident from the CRPF and Chhattisgarh Police. The paramilitary force has also urged the state police to improve sanitization of the area where a chopper is supposed to land in the Maoist-dominated zones. 

Maoists fired at the helicopter while it was descending at Timilwada to fly two policemen injured in an encounter with Red ultras to a hospital. The bullets hit the windscreen and body and pierced the fuel tank of the helicopter, forcing it to crash land about 2km from the camp.................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTMvMDIvMDYjQXIwMDEwMg==&Mode=Gif&Locale=english-skin-custom