These ‘activists’ oppose death penalty for rape of minors

Agencies
April 21, 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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News Network
November 21,2024

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The International Criminal Court (ICC) has issued arrest warrants for Israeli prime minister Benjamin Netanyahu and his former minister of military affairs Yoav Gallant over war crimes against Palestinians in the Gaza Strip.

The court’s Pre-Trial Chamber I issued warrants of arrest for Netanyahu and Gallant "for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest”, it confirmed in a statement Thursday.

It is the first instance in the court's 22-year history it has issued arrest warrants for Western-allied senior officials.

In its statement, the ICC's Pre-Trial Chamber I, a panel of three judges, said it has rejected appeals by Israel challenging its jurisdiction. 

The chamber said it has decided to release the arrest warrants because "conduct similar to that addressed in the warrant of arrest appears to be ongoing", referring to Israel's ongoing onslaught on Gaza.

Netanyahu and Gallant, it said, “each bear criminal responsibility” for “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts,” as well as “intentionally directing an attack against the civilian population.”

All 124 states that signed the Rome Statute, the treaty that established the court, are now under an obligation to arrest the wanted individuals and hand them over to the ICC in the Hague. 

The court relies on the cooperation of member states to arrest and surrender suspects. The Netherlands' foreign minister quickly said his country was prepared to enforce the warrants while 93 nations earlier reiterated their support for the ICC.

Triestino Mariniello, a lawyer representing Palestinian victims at the ICC, called the warrants "a historic decision".

He noted that the court had endured "pressure and threats of sanctions" from the US government, but acted nonetheless.

As expected, the Tel Aviv regime rejected the rulings, with its security minister Itamar Ben Gvir calling the warrants “anti-Semitic through and through.”

The ICC said Israel’s acceptance of the court’s jurisdiction was not required.

Israel and its major ally, the United States, are not members of the court. 

Israel unleashed its bloody Gaza onslaught on October 7, 2023. So far, it has killed at least 43,985 Palestinians, mostly women and children, and injured 104,092 others, according to the Gaza Health Ministry.

Israel faces an ongoing South Africa-led genocide case at the International Court of Justice (ICJ).

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News Network
November 18,2024

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Mangaluru: The Ullal police have arrested Manohar, the owner of Vazco Beach Resort, and its manager Bharath in connection with the drowning of three college girls from Mysuru at the resort’s swimming pool on November 17.

City Commissioner of Police Anupam Agrawal confirmed the arrests, stating that a case has been registered under Section 106 of BNS. The bodies of the victims, all in their twenties, have been handed over to their parents. The women had arrived at the resort for a weekend getaway on November 16.

Following the tragic incident, the resort was sealed by officials led by Mangaluru Assistant Commissioner Harshavardhan. The trade license of the resort, issued on June 13, 2024, has been suspended, and the tourism department has temporarily revoked the resort's registration. These actions prohibit the resort from engaging in any tourism-related activities until further notice.

Someshwara TMC Chief Officer stated that the suspension was due to the resort's failure to implement adequate safety measures, which resulted in the loss of three lives. Further investigations are underway.

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News Network
November 26,2024

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Mangaluru: The coastal districts of Dakshina Kannada and Udupi are witnessing a fascinating weather pattern, with chilly early mornings giving way to dry, sweltering afternoons. Over the past two days, dense fog blanketed the rural landscapes, while urban centers like Mangaluru felt the stark contrast of brisk mornings and peak afternoon heat.

The India Meteorological Department (IMD) noted that in rural areas, the morning chill caused temperatures to dip by one to two degrees Celsius below the seasonal norm, intensifying the fog. Monday saw Mangaluru recording a maximum temperature of 33.3°C and a minimum of 22.6°C, reflective of the sharp day-night variation.

While mornings painted a serene picture with mist-covered trees and a cool ambiance, the afternoons proved relentless, with temperatures soaring between 11 am and 3 pm, offering little respite. Currently, there are no signs of rainfall, with forecasts predicting the continuation of this dual weather pattern for the coming days.

Local residents have mixed feelings about this weather trend. Farmers in rural areas appreciate the cool mornings that ease early chores but express concerns over the dry afternoons, which may affect crop irrigation if the dry spell prolongs. In contrast, urban dwellers are enjoying the foggy mornings but brace for the scorching afternoons.

Meteorologists attribute the sudden chill to shifts in atmospheric pressure along the coast, a precursor to possible weather transitions in December. Whether this pattern persists or leads to unexpected changes remains to be seen, but the twin districts are clearly caught in nature's dramatic play of contrasts.

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