Home Blog Page 815

‘Code names for women, zero safety’: Hema committee highlights sexual harassment, gender discrimination in Malayalam film industry

OpIndia Staff
-
0
‘Code names for women, zero safety’: Hema committee highlights sexual harassment, gender discrimination in Malayalam film industry

The Kerala government, led by Pinarayi Vijayan, came under heavy criticism on Tuesday, 20th August, for holding up the release of the Hema committee report, featuring startling information about how women are treated in the Malayalam film industry.

The government-appointed expert group discussed several embarrassing aspects, including unwanted physical advances made to women in the Malayalam film industry before they even started working and code names for women who would compromise. On Monday, August 18, the report was made official.

This study, which bears the name of the committee’s chair, Justice K. Hema (Retd.), is an important document that highlights the challenging circumstances that women in the film industry face. The committee was established in response to the 2017 sexual assault of a well-known actress, which caused public indignation and prompted calls for structural reform in the business.

The panel consisted of three people- legendary actress Sharada, and former bureaucrat K.B. Valsalakumari, led by Justice K. Hema. The committee’s mandate included looking at the working environment for women in the Malayalam film industry and coming up with suggestions for preventing discrimination and sexual harassment.

The study emphasized the serious obstacles that women encounter in the Malayalam film business, such as pervasive sexual harassment, discrimination based on gender, and an unfriendly workplace. The most startling discovery was that women who experience sexual harassment or assault frequently choose not to speak up for fear of being branded as “troublemakers” or being shunned by the business.

The report stressed that women have few options for pursuing justice or safety because there is no legally recognized body to deal with these problems.

Testimonies from other women in the industry, who detailed their terrifying experiences, are included in the report. A scenario that was particularly unsettling featured an actress who was made to rehearse a scene in which she was hugged by an actor who had previously molested her. The actress suffered severe physical and psychological damage from having to endure 17 takes. Her performance was critiqued by the producer, who failed to recognize or comprehend the emotional agony she was experiencing.

These testimonials highlight the widespread culture of insensitivity and exploitation that women in the field face on a daily basis. The study found that the Malayalam film industry has a deeply embedded patriarchal mentality that feeds the myth that women only pursue careers in the business to gain notoriety and fortune, and as a result, they will “surrender” to anything.

Because of this poisonous culture, women are exploited by men in positions of authority who believe they will do whatever it takes to get a part in a movie. The study chastised the industry for failing to acknowledge the fact that a large number of women are acting professionals who are in the business for the love of the trade rather than just the money.

The study emphasized how few basic amenities, like women’s restrooms and changing areas on movie sets, are available to women in the business. The substantial salary gap that exists in the Malayalam cinema industry between male and female actors was also highlighted by the survey.

Even in cases where women possess equal or greater experience and talent, they are frequently paid far less than their male colleagues. The discrimination against women in the workplace due to their gender is a reflection of larger issues of injustice and inequality. The report further touched upon the issue of cyberbullying and online harassment faced by women in the film industry.

The committee discovered that the sector frequently rejects women who dare to speak out against harassment or discrimination. They are called “problem-makers,” which negatively impacts their chances of getting a job and makes them feel alone in the workplace. The industry’s culture of backlash against female employees who speak for themselves is a contributing factor to the ongoing harassment and abuse of these workers.

Kolkata Police file corruption case against Sandip Ghosh after WB govt formed SIT to probe financial irregularities during the former RG Kar principal’s tenure

OpIndia Staff
-
0
Kolkata Police file corruption case against Sandip Ghosh after WB govt formed SIT to probe financial irregularities during the former RG Kar principal’s tenure

Former Principal of Kolkata’s RG Kar Medical College and Hospital, Sandip Ghosh has been facing widespread criticism and is under scanner for his initial response and handling of the female trainee doctor’s case who was raped and murdered in the Hospital’s seminar Hall on 9th August. Now, the Kolkata Police have registered a corruption case against Ghosh. The development came after the West Bengal government formed an SIT to probe financial irregularities during Ghosh’s tenure. However, the Bharatiya Janata Party has slammed the West Bengal government over this development stating that it was Mamata Banerjee’s move to save him. 

On Tuesday (20th August), the Kolkata Police registered a corruption case against Sandip Ghosh based on a written complaint filed by Debal Kumar Ghosh who is the Senior Special Secretary of Bengal’s Health Department. 

Earlier, the West Bengal government, led by Chief Minister Mamata Banerjee, had constituted a Special Investigation Team (SIT) to investigate the allegations of financial irregularities at RG Kar Hospital from 2021 onwards, that is, during the tenure of Sandip Ghosh. Ghosh has been booked under provisions of the Bharatiya Nyaya Sanhita (BNS) and Prevention of Corruption Act among other charges.

According to an official statement, the four-member SIT will be headed by Inspector General of Police Pranav Kumar. The three other members include DIG of Murshidabad Range Waquar Reza, DIG of CID Soma Das Mitra, and DCP of Kolkata Police Indira Mukherjee. It will have to submit its first report to the Bengal government within a month.

TMC govt trying to save Sandip Ghosh, says BJP

However, the BJP has launched an attack on the TMC government accusing it of attempting to save the disgraced former principal of RG Kar Hospital. Taking to X, BJP Social media head, Amit Malviya said that it was nothing but a move by CM Banerjee to save Ghosh. He added that the West Bengal Police will arrest Sandip Ghosh to prevent CBI from taking his custody. 

Malviya further stated that a free and fair investigation into the rape and murder case of the trainee female doctor is not possible unless Mamata Banerjee resigns. 

The BJP leader also argued that police officers are not equipped to investigate financial crimes.

He also shared the official state government notification about the formation of an SIT against Sandip Ghosh and wrote, “Now, WB Govt constitutes a SIT to probe allegations of financial irregularities by Dr Sandeep Ghosh, the disgraced Principal of RG Kar Medical College & Hospital. 4 IPS officers are part of the SIT. How are police officers equipped to investigate financial crimes? This is nothing but Mamata Banerjee’s move to save Ghosh. WB Police will arrest Sandeep Ghosh,  just in time, to stop CBI from taking him in custody. Unless Mamata Banerjee resigns, free and fair probe in the rape and murder of the lady doctor is not possible. She must resign now.” 

Meanwhile, on Monday (19th August), the CBI team grilled Sandip Ghosh for the fourth consecutive time in connection to the rape and murder case that took place on 9th August. As per reports citing officials of the investigating agency, the CBI is examining his mobile phone logs as well as his WhatsApp chats. 

As per reports, Sandip Ghosh was asked about his role after he received the news of the trainee doctor’s death, who he had contacted thereafter, and why he made the parents wait for nearly three hours before letting them see her body. 

He was also asked as to who ordered renovation of rooms adjacent to the seminar hall, after the body was found there on 9th August.

The official said that some of his version does not match with that of the others who are being interrogated in the case.

West Bengal: TMC goon attacks doctor in Malda, verbally abuses nurses and threatens to kill them

OpIndia Staff
-
0
West Bengal: TMC goon attacks doctor in Malda, verbally abuses nurses and threatens to kill them

On Sunday (18th August) night, a local Trinamool Congress leader ambushed the Harishchandrapur Government Hospital and carried out attacks on doctors and nursing staff. The incident took place in the Malda district of West Bengal.

As per reports, the accused was identified as Avinash Das. He entered the hospital premises at 11 pm and verbally abused on-duty nurses. After hurling the choicest of expletives, Das threatened to kill the nursing staff.

When a medical officer named Prabhakar Saha objected to his behaviour, the TMC goon thrashed him mercilessly. He even proceeded to assault the nurses physically.

Fortunately, the accused was overpowered by the doctors and General Duty Assistants (GDAs) present there. Soon after, the cops were called in at the hospital. The police reached the spot, arrested the TMC goon and booked him under non-bailable offences.

While speaking about the matter, Malda Superintendent of Police Pradeep Kumar Yadav said, “The accused has been arrested. A case has been registered against him as per law. He will be produced in court on Monday.” 

Following the incident, doctors and nurses working at other government hospitals in Malda have questioned the lack of safety.

Prabhakar Saha, who was attacked by Avinash Das, told the media, “The accused came to look for a patient and started talking to me in indecent language. He also abused the nurses present there. When I protested, I was beaten brutally. Then he went to attack the nurses. We were able to prevent it. After that, he threatened to kill us. We feel insecure.”

Avinash Das is said to be close to TMC MLA from the Harishchandrapur constituency, Tajmul Hossain. On Monday (19th August), he was remanded to 5 days in custody.

Family members of dead patient attack SSKM hospital

On Sunday (18th August), the family members of a deceased patient attacked the trauma care unit of SSKM hospital in Kolkata after accusing doctors of medical negligence.

The accused ambushed the healthcare facility, carried out vandalism and physically assaulted an on-duty doctor named Subrata Shur. In visuals shared on social media, the victim could be seen in a wounded state with his face covered in bruises.

The incident took place amid the ongoing protests over the rape and murder of a junior doctor at the RG Kar Medical College and Hospital in Kolkata.

While speaking about the matter, a police official informed, “His family members came to the hospital and started vandalising the area, alleging that negligence by doctors had led to the youth’s death.”

BJP leader Locket Chatterjee took to social media to inform that the accused has connections to a powerful Minister of the Trinamool Congress (TMC).

6, including Nafees Chishti, Salim Chishti, Iqbal sentenced to life imprisonment in 1992 Ajmer mass rape and blackmail case after 32 years

OpIndia Staff
-
0
6, including Nafees Chishti, Salim Chishti, Iqbal sentenced to life imprisonment in 1992 Ajmer mass rape and blackmail case after 32 years

On Tuesday, 20th August, six culprits of one of the largest sex scandals in the nation, which took place in Ajmer 32 years ago, have been sentenced to life in jail by the district court. They also face a fine of Rs 5 lakh in addition to this. The accused persons who have been awarded life imprisonment are Nafees Chishti, Naseem alias Tarzan, Salim Chishti, Iqbal Bhati, Sohil Gani, and Syed Zameer Hussain.

At the time of sentencing, all six accused persons were in the courtroom. Iqbal Bhati, one of the suspects who was in Delhi, was transported in an ambulance to Ajmer for the case. Earlier today, the POCSO court delivered a historic verdict, declaring all the six accused guilty.

In 1992, the accused gang-raped more than 100 girl students from Ajmer’s renowned Mayo College and blackmailed them using their photographs. Four other accused have already served their sentences. Following the guilty verdict, the police took all the accused into custody. The initial chargesheet, filed on November 30, 1992, listed eight individuals. Later, four additional chargesheets were submitted, bringing the total number of accused to 12.

The primary accused, Farooq Chishti, served as the President of the Ajmer Youth Congress. Nafees Chishti held the position of Vice President of the Ajmer Indian National Congress, while Anwar Chishti was the Joint Secretary of the Ajmer Indian National Congress.

The scandal came to light through an article in a local newspaper. It revealed the sexual exploitation of schoolgirls by blackmailing them using nude photographs. The gang responsible for this influenced religious, political, social, and economic fields. This revelation created an uproar across the country. It created an atmosphere of fear among government officials, police, and members of social and religious organizations of the state.

The Ajmer District Police discovered that several affluent young men from the families of Khadims, the caretakers of the Sufi saint Khwaja Moinuddin Hasan Chishti’s dargah, were involved in the scandal. The police also suspected high-ranking politicians and officials. Due to concerns about potential threats to law and order in the city, the police initially hesitated to take action, facing significant pressure.

A subsequent news article titled “How the Blackmailers of Schoolgirls Remained Free” featured explicit photos, which further fueled public outrage. Protests demanding justice started, and Hindu organizations threatened to take matters into their own hands if legal action wasn’t taken against the perpetrators.

Under immense pressure, the Ajmer District Bar Association met with local authorities and suggested jailing the identified suspects under the National Security Act to calm public anger and prevent communal tensions. Eventually, the investigation was handed over to the CID.

This crime sparked a movement across Rajasthan, demanding the arrest and justice for the victims.

On May 30, 1992, the CID officially took over the investigation. The scandal involved influential individuals, including members of the Khadim Chishti families and the Youth Congress, exploiting schoolgirls. Explicit photos leaked from a photo lab drew attention to the crime.

Initially, the Ajmer District Police conducted the investigation. The harassment linked to this case led several people, including the photo lab owner and manager, to commit suicide. Several of the girls involved also ended their lives.

Despite decades of demands for justice by over 100 victims, many of the criminals were acquitted or released on bail. The case went through various courts, including the High Court, Supreme Court, Fast Track Court, and POCSO Court. However, for most victims, who are now in their 50s or 60s, justice remains elusive.

Uttarakhand: Forest official brutally assaulted for objecting to drinking alcohol near Khichdi river, accused get bail within hours. What happened

OpIndia Staff
-
0
Uttarakhand: Forest official brutally assaulted for objecting to drinking alcohol near Khichdi river, accused get bail within hours. What happened

A video from Uttarakhand has gone viral on social media showing five to six drunk and violent youngsters thrashing and hurling abuses at a forest guard Vijendra Chauhan. The incident unfolded on Sunday (18th August). After this video went viral on social media, the police arrested the five accused including two minors and sent them to jail.

Some reports claim that the accused youth got bail within hours. After the video of the incident went viral, Chief Minister Pushkar Singh Dhami took note of the matter. The accused persons were arrested after the Ramnagar Forest Division filed an FIR against these youths at Ramnagar Kotwali.

According to reports, some youngsters were drinking alcohol and bathing in the Khichdi River in Kyari village, which comes under the Ramnagar Forest Department. People have been strictly barred from going near the rivers and drains due to severe rains across the state. The Meteorological Department issued an alert in this regard. When the forest employee stopped the accused youths from drinking alcohol, they began abusing and beating the forest inspector.

The police arrested the accused youths at the forest barrier on Tedha Road and a case was registered against them and they were sent to jail. Some media reports have said that the accused youths managed to get bail within hours of their arrest.

It is also being claimed that among the accused, two youths are sons of Uttarakhand Athlete Association chairman Vijendra Chaudhary. It is alleged that the victim was also pressured to end the matter.

Badlapur: Two 4-year-old girls sexually assaulted in school washroom, anger among locals over police delay, school negligence and CCTV. Read details

OpIndia Staff
-
0
Badlapur: Two 4-year-old girls sexually assaulted in school washroom, anger among locals over police delay, school negligence and CCTV. Read details

Massive outrage erupted in the state of Maharashtra on Tuesday, 20th August, after the incident of rape of two toddler girls came to the fore from Badlapur region of Thane district. As per the initial reports, two minor girls, aged 4, studying in Nursery, were sexually assaulted by a school sweeper in the washroom of a well-known school named Adarsh Vidya Mandir in Badlapur near Mumbai.

The accused has been identified as Akshay Shinde who has been arrested by the police. Shinde is believed to have been employed in the school based on a contract by a third-party organization. He was booked and arrested by the police only after the parents of the girls insisted on filing a formal complaint. This is despite initial attempts by the police to play down the issue by delaying the filing of the FIR for over 12 hours.

The parents and the enraged citizens launched massive protests outside the school and also halted the local train between Kalyan and Karajat on Tuesday, 20th August. They called for a shutdown of Badlapur city and stopped local trains, further demanding capital punishment for the accused person. 

The National Commission for Protection of Child Rights (NCPCR) has decided to dispatch a team to Badlapur in order to conduct an investigation after learning about the occurrence.

Management suspends school principal, two attendants

In the meantime, the school released a statement expressing public regret for the tragedy and admitting to grave mistakes in student safety. To avoid similar occurrences in the future, the administration committed to putting in place strict safety protocols and more CCTV cameras across the campus. The school has promised to cooperate fully with the police as well.

In the meantime, the management also suspended the school Principal and two attendants who were responsible for taking the students to the washroom. The school has also terminated the contract with the third-party organization via which Shinde was employed at the school as a sweeper. The organization has further been blacklisted.

Schools in the area remained closed on Tuesday, 20th August, in solidarity with the protesting parents.

What happened to the girls inside the washroom

The incident is said to have happened on 12 and 13th August on the school premises when the girls had gone to use the toilet. However, it came to the fore on Monday, 19th August, only after the girls refused to go to the school as were scared after what had happened to them. When asked by parents, the girls revealed that they had been sexually assaulted at the school.

The police have arrested the accused and the court has sent him to three days of police remand. Maharashtra Education Minister Deepak Kesarkar commented on the issue and said, “We will see to it that the existing safety measures are further strengthened. We are issuing a circular today that CCTVs must be operational in each school. We will appoint a committee based on the Vishakha committee in schools as well. We will fast-track this case and give the strictest punishment to the accused. The school Principal, the class teacher, and 2 assistants have been suspended. The school also has been served a notice. A woman senior PI who delayed registering a case should be suspended.”

Police accused of delayed probe, CCTVs not working

It is important to note that during the police probe, the school administration stated that the CCTVs weren’t working at the time when the incident happened. Senior police inspector Shubhada Shitole is reportedly accused of delaying the case despite it being a POCSO (Protection of Children from Sexual Offenses) case. Following this, the inspector was immediately transferred.

Shops and other businesses in the Badlapur area remained closed on Tuesday in observance of the protest. Additionally, the school that was the site of the alleged sexual assault was forced to close. Prominent local politicians joined the protest with their supporters.

Further investigation into the case is underway.

Former Australian cricketer Michael Slater moves desperate bail plea after 130 days in custody on charges of domestic violence and choking a woman, rejected

OpIndia Staff
-
0
Former Australian cricketer Michael Slater moves desperate bail plea after 130 days in custody on charges of domestic violence and choking a woman, rejected

On Tuesday (20th August), the Supreme Court in Brisbane denied bail to Former Australian cricketer Michael Slater for a second time this year as he faces 25 charges, including domestic violence. Justice Paul Freeburn rejected the bail application noting that there was an “unacceptable risk of further offending”.  

Michael Slater, former Australian cricketer turned commentator, is accused of assaulting and choking a woman during violence that continued for several months. He has been in custody since April this year. The Australian cricketer also faces charges of stalking the woman and sometimes sending her more than 100 text messages a day including sending her abusive and degrading messages.

The woman had filed a complaint at a local Police Station when she received a security camera notification on her phone and observed the Australian cricketer breaking into her home. Slater was arrested a short time later and has been in custody for over 130 days. His previous bail plea was denied in April. 

On Tuesday (20th August), Slater’s legal team made a desperate attempt to seek bail. His counsel, Barrister Greg McGuire submitted a new proposal before the Brisbane Supreme Court. 

He told the court that his client was willing to “leave the state completely” to seek treatment at a residential rehabilitation clinic in NSW. It also included conditions like restrictions on alcohol consumption and no-contact orders with the complainant.

He argued that the case would continue for a long time and Michael Slater faced the danger of spending too much time in custody. The court was informed that a potential criminal trial might not be scheduled until 2025. 

Slater’s counsel, McGuire said, “There is a very real danger he (Slater) will have spent too much time in custody by the time the matter is disposed of. The proposed conditions are he go to the Sydney clinic until they are satisfied with his ability to leave. He’s now faced the consequences of his behavior, spending 4.5 months in custody.” 

However, Justice Freeburn observed that the risk of further or continued offending cannot be ignored. While rejecting his bail plea, Justice Freeburn remarked, “It is difficult to be confident or even have a modest degree of confidence that Mr. Slater would comply with any bail conditions such as a no contact condition, even from Sydney.” 

It is pertinent to note that last time when his bail was rejected in April, Slater reportedly collapsed in the magistrate’s court. 

Back then, Justice Paul Freeburn, refused Slater’s bail citing his history of domestic violence and the persistence of the offenses.

Freeburn added that the 54-year-old had a history of mental health conditions and was diagnosed with ADHD, major depressive disorder, insomnia, alcohol use disorder, and borderline personality disorder.

He further said, “The offenses alleged are supported by some evidence and are sustained and persistent. The risk of further or continued offending cannot be ignored.”

Michael Slater’s matter will return to court on 20th September.

During his cricketing career, Michael Slater represented Australia in 74 Test matches between 1993 and 2001. He also played 42 One-Day Internationals before retiring from all cricket in 2004. He later became a television commentator. 

1992 Ajmer gangrape and blackmail case: ‘Khadims’ of Ajmer dargah, including ex-Congressman Nafis Chisti among 6 convicted by POCSO court

OpIndia Staff
-
0
1992 Ajmer gangrape and blackmail case: ‘Khadims’ of Ajmer dargah, including ex-Congressman Nafis Chisti among 6 convicted by POCSO court

In the Ajmer 1992 Sex Scandal, the POCSO court delivered a historic verdict today, declaring six accused guilty. All the accused appeared before the court, which is set to announce the sentences at 2 pm on August 20. One of the accused remains at large.

The POCSO court found Nafis Chishti, Naseem alias Tarzan, Salim Chishti, Iqbal Bhati, Sohail Ghani, and Syed Jameen Hussain guilty of the crimes. In 1992, the accused gang-raped more than 100 girl students from Ajmer’s renowned Mayo College and blackmailed them using their photographs. Four other accused have already served their sentences. Following the guilty verdict, the police took all the accused into custody.

Four convicts in the case have already served their sentences. The initial chargesheet, filed on November 30, 1992, listed eight individuals. Later, four additional chargesheets were submitted, bringing the total number of accused to 12.

The primary accused, Farooq Chishti, served as the President of the Ajmer Youth Congress. Nafis Chishti held the position of Vice President of the Ajmer Indian National Congress, while Anwar Chishti was the Joint Secretary of the Ajmer Indian National Congress.

The scandal came to light through an article in a local newspaper. It revealed the sexual exploitation of schoolgirls by blackmailing them using nude photographs. The gang responsible for this influenced religious, political, social and economic fields. This revelation created an uproar across the country. It created an atmosphere of fear among government officials, police and members of social and religious organisations of the state.

Ajmer Police found young men from influential families of Khadims and caretakers of Sufi Moinuddin Hasan Chisti’s dargah involved in the scandal

The Ajmer District Police discovered that several affluent young men from the families of Khadims, the caretakers of the Sufi saint Khwaja Moinuddin Hasan Chishti’s dargah, were involved in the scandal. The police also suspected high-ranking politicians and officials. Due to concerns about potential threats to peace and order in the city, the police initially hesitated to take action, facing significant pressure.

A subsequent news article titled “How the Blackmailers of Schoolgirls Remained Free” featured explicit photos, which further fueled public outrage. Protests demanding justice began, and Hindu organisations threatened to take matters into their own hands if legal action wasn’t taken against the perpetrators.

Under immense pressure, the Ajmer District Bar Association met with local authorities and suggested jailing the identified suspects under the National Security Act to calm public anger and prevent communal tensions. Eventually, the investigation was handed over to the CID CB.

This incident sparked a movement across Rajasthan, demanding the arrest and justice for the victims.

On May 30, 1992, the CID CB officially took over the investigation. The scandal involved influential individuals, including members of the Khadim Chishti families and the Youth Congress, exploiting schoolgirls. Explicit photos leaked from a photo lab drew attention to the crime.

Initially, the Ajmer District Police conducted the investigation, which senior IPS officer N.K. later oversaw. Patni. The harassment linked to this case led several people, including the photo lab owner and manager, to commit suicide. Several of the girls involved also ended their lives.

Despite decades of demands for justice by over 100 victims, many of the criminals were acquitted or released on bail. The case went through various courts, including the High Court, Supreme Court, Fast Track Court, and POCSO Court. However, for most victims, who are now in their 50s or 60s, justice remains elusive.

The film “Ajmer 92,” released in July 2023, depicts the true events of the rape, blackmail, and entrapment of 250 girls. Directed by Pushpendra Singh, it stars Karan Verma and Sumit Singh in lead roles. The film faced opposition from Muslim organizations, with the Khadim community accusing it of defamation, impacting the Rajasthan Assembly elections as well.

SC sets aside Calcutta HC’s order which asked adolescent girls to control sexual urges, charges 25-year-old for having intercourse with 14-year-old girl under POCSO

OpIndia Staff
-
0
SC sets aside Calcutta HC’s order which asked adolescent girls to control sexual urges, charges 25-year-old for having intercourse with 14-year-old girl under POCSO

On Tuesday, 20th August, the Supreme Court disapproved the statements made by the Calcutta High Court that asked adolescent girls to ”control sexual urges’ so that they are not deemed ‘losers’ by society. The High Court had also asked adolescent girls to restrict themselves from ‘giving in to two minutes of pleasure’.

The Supreme Court, keeping aside the judgment by the High Court, charged a 25-year-old individual under the POCSO Act, 2012 for having sexual intercourse with a 14-year-old girl. The Supreme Court stated in its decision that it has published extensive guidelines about the appropriate implementation of the POCSO Act and the format in which justices ought to compose their decisions.

The Supreme Court, which had taken suo motu cognizance of the order, declared on December 8th last year that judges should not use their position to preach during court proceedings, but rather should base their decisions on the law and the evidence. It also questioned the legality of the High Court’s decision to clear the accused, who had been charged under the POCSO Act and the IPC.

“Control sexual urge/urges as in the eyes of the society she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes,” the Calcutta HC was quoted as saying in the year 2023, acquitting the 25-year-old who had been sentenced to 20 years in prison for engaging in sexual relations with a minor.

On January 4th, 2024, 2-Judge Supreme Court Bench of Justice A S Oka and Justice Ujjal Bhuyan had called the Calcutta High Court’s decision to be problematic. “It’s not only about these observations, but the findings of the court. Writing such judgments is wrong. What kind of principles the judges have invoked? In case of settlement, there is a series of judgments on that,” Justice AS Oka had noted.

Pointing out other ‘problematic’ paragraphs in the Calcutta High Court Judgment, the Judge further said, “Every paragraph is problematic. We have marked all the paragraphs.” Further, on 8th December, the Supreme Court had taken suo moto cognizance of the event and had said that the observations by the Calcutta High Court were ‘objectionable’ and ‘completely unwarranted.’ It further pointed out that the observations also violated the rights of adolescents, as guaranteed by the Indian Constitution under Article 21.

The Background of the Controversy

On 18th October last year, a 2-Judge Bench of the Calcutta High delivered a verdict, overturning the conviction of a 25-year-old man accused of having sexual intercourse with a 14-year-old girl and sentenced to 20 years in prison.

While doing so, Justice Chitta Ranjan Dash and Justice Partha Sarathi Sen listed out specific duties for adolescent boys and girls. The court ruled,

“It is the duty or obligation of every female adolescent to (i) Protect her right to the integrity of her body, (ii) Protect her dignity and self-worth, (iii) Thrive for the overall development of her self-transcending gender barriers, (iv) Control sexual urge or urges as in the eyes of the society she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes, (v) Protect her right to autonomy of her body and her privacy. A male adolescent must respect the aforesaid duties of a young girl or woman and he should train his mind to respect a woman, her self-worth, her dignity and privacy, and her right to autonomy of her body.”

“We do not want our adolescents to do anything that shall push them from the dark to the darker side of life. It is normal for each adolescent to seek the company of the opposite sex, but it is not normal for them to engage in sex devoid of any commitment and dedication. Sex shall come automatically to them when they grow self-reliant, economically independent and a person which they dreamt one day to be, it concluded,” the Judges had said.

Any sexual act with a minor shall be looked upon as a crime

It is now customary in society to hold women accountable for any sexual tragedies they experience. They are asked to give up their freedom of choice, wear longer garments, arrive home before dark, and refrain from conversing with men in general. They are even held accountable in the majority of rape cases on the grounds that they ‘provoke’ the accused to conduct such horrible acts.

In most cases, the rapists refuse to have committed a crime and even justify their acts by objectifying the victims. An instance that immediately comes to mind when discussing this is that of Mukesh Singh, one of the accused who brutally raped Nirbhaya in Delhi in 2012. According to Singh, it was Nirbhaya’s fault that led to her brutal rape and death.

Mukesh Singh in an interview with BBC had claimed that had Nirbhya not resisted, she would have been alive. He also added that those women who choose to roam on the streets late at night deserve to be raped as they get out of their houses only to attract men. As per ‘Why Men Rape’ research by Author Tara Kaushal, apart from the accused persons, many at large in the society including politicians, and activists who believe in the patriarchal framework of the Indian society claim that it is women who need to behave to prevent cases of rape in India.

‘Spiritual’ leader Asaram Bapu who got life imprisonment in a 2013 rape case once stated that “The victim is as guilty as her rapists”. As per him, the girl should call the culprit brothers and beg them to stop. Mulayam Singh Yadav, SP supremo had in 2014 attempted to give clean chit to rapist men saying, “Boys are boys, they make mistakes. Will they be hanged for rape?”

Giving a solution to this, Om Prakash Chautala, former Haryana CM had proposed child marriage as a solution to rape and other atrocities against women. Former HM of Madhya Pradesh, Babulal Gaur had commented saying that “the rate of crimes against women depends on how completely they are dressed.”

West Bengal CM Mamata Banerjee also has a history of downplaying such gruesome incidents when happened in the state of West Bengal. A detailed report on this case can be read here.

After all this, it feels like hoping for change and hoping for justice for victims in rape cases is always going to be a crime. India is a patriarchal society, but that does not give the right to society to target victims even for crimes they can never be held responsible for. Blaming women for their clothing choices, for their friend circle, and for their choice to work late at night, etc is never going to bring any solution to the increasing incidents of rape but only expose the psychological vulnerability of people who think alike. It is high time that society accepts that it is men who are the cause of the problem, it is their mentality, and their outlook that needs to be changed.

In the given case, the Calcutta High Court acquitted the accused for raping a 14-year-old minor girl, actually impacting her right to life guarded under section 21 of the Indian Constitution. Minors usually are believed to have a vulnerable conscience that affects their decision-making power. In such cases, it is the duty of the adults dealing with them to respect and protect their feelings, decisions, and right to life eventually. Consent in sexual intercourse plays an important role. Any act in which an adult girl refuses to say a clear ‘Yes’ shall be looked upon as a crime. In the same manner, any sexual act with a minor (be it a boy or girl) despite their decision shall be looked upon as a crime, again given their vulnerable conscience.

Supreme Court forms Task Force for safety of doctors at workplace, slams West Bengal govt for delay in FIR, asks not to ‘unleash power’ against peaceful protesters

OpIndia Staff
-
0
Supreme Court forms Task Force for safety of doctors at workplace, slams West Bengal govt for delay in FIR, asks not to ‘unleash power’ against peaceful protesters

On Tuesday (20th August), the Supreme Court of India expressed deep concern over the horrific rape and murder of the trainee doctor in Kolkata’s RG Kar Medical College and Hospital. The three-judge bench led by Chief Justice DY Chandrachud has formed a 10-member National Task Force to work out modalities for the safety of doctors at the workplace. 

Stating that it was “very concerned”, the bench asked the West Bengal government “not to unleash” its power against the peaceful protesters. It also slammed the government over the delay in filing an FIR and failure to handle the issue of vandalism at the hospital. 

Regarding the vandalism incident, CJI said, “We are unable to comprehend how the state was not able to handle the issue of vandalism at the hospital.” 

The bench has also asked the CBI to submit a status report by Thursday (22nd August) to apprise the court of the status of the investigation.

Notably, the apex court has taken suo moto cognizance of the rape and murder case that took place at Kolkata’s RG Kar Medical College and Hospital on 9th August. 

During the hearing, CJI Chandrachud expressed concerns about the circulation of the victim’s identity and pictures which violate her privacy. He said, “On 9th of August 2024, a PG Doctor at RG Kar Hospital was raped and murdered….the brutality of the sexual assault have shocked the conscience, her name and pictures have been circulated violating the privacy.”

The court also slammed the West Bengal government over the delay in filing the FIR. The bench asked why the FIR was filed at 11.45 pm when the autopsy took place much earlier. CJI stressed that the FIR was filed 3 hours after the body was handed over. 

The court noted, “Autopsy revealed that the doctor was murdered and the FIR was registered at 11:45 pm. What were the authorities at the hospital doing?” 

CJI said, “Parents were permitted to see the dead body after several hours, HC transferred the investigations to CBI, on eve of Independence Day…. large mob vandalized the hospital.” 

“We are unable to comprehend how the state was not able to handle the issue of vandalism at the hospital,” the Chief Justice added.  

CJI said, “This is a very serious issue Mr. Sibal … 37 were arrested.. and they were recognized from the CCTV footage. West Bengal government could not have been unaware of the fact that when there are those protests, there will always be another segment that will come and disrupt it. Women doctors are assaulted, the police run away from the scene. Thereafter women doctors are called out by name, the people leading the protests, and they are threatened with the same fate that has befallen the other (deceased victim) … What was the police force doing in anticipation?” 

To which, representing West Bengal government, Kapil Sibal argued that the Police were greatly outnumbered citing that they were 7000-strong. However, CJI interjected saying, “It doesn’t appear 7000 people vandalised the place. 80-90 people maximum, they indulged in vandalism.”

CJI also slammed the state government and directed them saying, “We are very concerned, let not the power of the state of WB be unleashed on the protesters.”

SC constitutes a National Task Force for safety of doctors at workplace

During today’s hearing, CJI ordered, “We are setting up a National Task Force, we want them to give recommendations of the modalities to be followed across the country for the safety measures for senior and junior doctors.”

While constituting the NTF, CJI stressed that as more and more women join the workforce, the nation cannot wait for another rape for things to change on the ground. 

He assured that the court would ensure doctors’ safety and urged doctors to trust the court. He emphasised that it is not limited to the particular case but one that will affect healthcare throughout the country. 

He said, “This is not a matter of a particular case, but something that affects the institution of healthcare pan-India.”

The CJI stressed that a national consensus must be developed while announcing the task force members. The members of the SC constituted task force include – Surgeon Vice Admiral R Sarin, and Dr. D Nageshwar Reddy. Dr. M Shreenivas, Dr. Pratima Murty, Dr. Goverdhan Dutt Puri, Dr. Saumitra Rawat, Prof Anita Saxena – Head of Cardiology, AIIMS Delhi, Prof Pallavi Sapre – Dean Grant Medical College Mumbai and Dr Padma Srivastava, Neurology dept, AIIMS. Additionally, the Cabinet Secretary, the Home Secretary of the Government of India, the Secretary Union Health Ministry, the Chairperson of the National Medical Commission, and the President of the National board of Examiners will be the ex-officio members of the task force. 

Dictating the order, the court also explained the mandate of the National Task Force.

It ordered, “The NTF shall make action plans on two heads – (1) preventing violence including gender-based violence against medical professionals; (2) providing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior residents, doctors, etc.”

During today’s hearing, the court also highlighted that women doctors have been receiving threats of rape and read complaints from women doctors. 

CJI, “We don’t want to disclose their name. But please, rest assured, this is not an ordinary complaint which has been made to us now.”

The bench also expressed a lack of confidence in the Police providing security to the protesting doctors and the RG Kar Hospital. 

Justice Pardiwala remarked, “We made an appeal to doctors to resume duty as the marginalised are suffering. Now if we ask police to provide security to these women doctors then will this police protect the doctors? Which police will safeguard the hospital?”

Consequently, it ordered that the CISF provide security to the RG Kar Medical College and Hospital.

1...814815816...7,607Page 815 of 7,607