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THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

Delhi’s shame
SC notice to Centre on fast-tracking rape cases
New Delhi, January 4
Terming the recent gang rape and murder of the 23-year-old girl in Delhi as a “horrendous crime,” the Supreme Court today issued notice to the Centre on two PILs seeking fast track trial of cases involving crime against women and implementation of laws meant for providing security to them.

Human rights, gender studies in schools soon
New Delhi, January 4
Following the brutal sexual assault and subsequent death of a 23-year-old girl in Delhi on December 16, the CBSE has decided to do its part in helping spread gender sensitivity at schools. The Board has decided to introduce the subject of 'human rights and gender studies' in all affiliated schools to encourage academic discourse that aids gender equality in society.

Police accepts alibi of 2 accused into cop’s death
New Delhi, January 4
Subhash Chand Tomar The Delhi Police has acknowledged the alibi of two of the eight accused arrested for the alleged murder of a constable during the violent clashes at India Gate on December 23. The police acknowledged that the two men were present at a metro station when Delhi Police constable Subhash Chand Tomar collapsed after he was allegedly attacked by protesters.



EARLIER STORIES



CPM against death penalty for rapists
New Delhi, January 4
The CPM today rejected calls for death penalty for those accused of heinous cases of sexual assault and called for prevention of advertisements that promote objectification of women.
JNU students raise slogans demanding justice for the rape victim at Connaught Place in New Delhi on Friday.
Raising the pitch: JNU students raise slogans demanding justice for the rape victim at Connaught Place in New Delhi on Friday. Tribune photo: Manas Ranjan Bhui

Just 5% hospitals can handle forensics in rape cases
New Delhi, January 4
Less than 5 per cent medical institutes in the country are equipped to conduct forensic examination on the victims of sexual assault.

Congress yet to take final call on anti-rape laws 
New Delhi, January 4
While Congress president Sonia Gandhi has been consulting legal experts and civil rights groups to get inputs on making anti-rape laws more stringent, the party is still debating the merits and demerits of the various suggestions including capital punishment, life imprisonment and chemical castration of the offenders.

India cautious on Pak’s new military doctrine
New Delhi, January 4
New Delhi has chosen to be quite cautious to Pakistan army's new military doctrine which described home-grown militant groups and internal dangers as the biggest challenge to the country's security after focusing on the threat from India for decades.

300 more women to police Guwahati streets
Guwahati, January 4 
More women police personnel are being deployed on the streets of Guwahati city by the administration as part of efforts to ensure security and protection of women in the city. According to Senior Superintendent of Police (SSP), A P Tiwari at least 300 additional woman police personnel were being engaged in different corners and streets of the city to make their presence discernible so that women and young girls feel secure in the city.

Alagiri miffed at Karuna’s succession plan
Chennai, January 4
A day after DMK chief M Karunanidhi announced that Stalin would lead the party after him, his elder son MK Alagiri today said the party was not a “math” to appoint successor.

Modi can still level 2007 seat tally
Ahmedabad, January 4
Gujarat CM Narendra Modi’s dream to dish out a better performance in the 2012 state Assembly elections than in the last elections has been dashed to the ground. Modi led the BJP to claim 115 seats in the recent 182-member Assembly elections, two less than 117 seats his party had won in the 2007 elections.

Seafarers union to the rescue of stranded sailors
Mumbai, January 4
The National Union of Seafarers of India (NUSI) has stepped in to offer assistance to the sailors of nine ships, owned by Pratibha Shipping, which have been stranded in different parts of the world as the company faces financial difficulties.

NSAs of BRICS nations to meet next week
New Delhi, January 4
Ahead of the BRICS summit in Durban in March, the National Security Advisers (NSAs) of Brazil, Russia, India, China and South Africa will meet here next week to discuss major regional and international issues.

Honour killings
SC summons Haryana top cop, 2 SPs

New Delhi, January 4
The Supreme Court today summoned the Haryana Director General of Police (Law and Order) and the Superintendents of Police of Rohtak and Jind districts in a case relating to checking honour killings of young couples involved in same “gotra” or inter-caste marriages at the instance of khap panchayats.

 





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 Delhi’s shame
SC notice to Centre on fast-tracking rape cases
R Sedhuraman
Legal Correspondent

New Delhi, January 4
Terming the recent gang rape and murder of the 23-year-old girl in Delhi as a “horrendous crime,” the Supreme Court today issued notice to the Centre on two PILs seeking fast track trial of cases involving crime against women and implementation of laws meant for providing security to them.

A Bench comprising Justices KS Radhakrishnan and Dipak Misra, however, refused to entertain a plea for suspension of MPs and MLAs facing cases of crime against women until they were acquitted by the judiciary.

“Disqualification of MPs and MLAs is not in our jurisdiction,” the Bench said.

The Bench wanted to know from the government the terms and references of the Justice JS Verma committee set up to review and strengthen the existing laws against rape and other offences against women.

“People across the country have little faith in the Executive and the Legislature… More than 31 per cent of MPs and MLAs are tainted with criminal records and as such their membership and privileges need to be suspended pending criminal trial by fast track courts,” one of the PILs filed by retired IAS officer Promilla Shankar pleaded.

The Bench agreed that cases involving such heinous crimes would have to be fast tracked irrespective of the status of the accused persons.

Nevertheless, it clarified that it was entertaining only a few of the pleas in the PILs which related to fast track courts, filling up of judicial vacancies and appointment of additional judges. “There are a lot of vacancies for the judges and a lot of courts have to be set up,” it acknowledged.

The PILs were filed immediately after the Delhi gang rape on December 16. Subsequently, the victim died on December 29.

Another Bench of the SC has issued notice to the Centre and all states last week on a PIL that has sought a comprehensive security mechanism for protecting women against gender-based crimes.

the query
The Bench wants to know from the government the terms and references of the Justice JS Verma committee set up to review and strengthen the existing laws against rape and other offences against women

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  Human rights, gender studies in schools soon

New Delhi, January 4
Following the brutal sexual assault and subsequent death of a 23-year-old girl in Delhi on December 16, the CBSE has decided to do its part in helping spread gender sensitivity at schools. The Board has decided to introduce the subject of 'human rights and gender studies' in all affiliated schools to encourage academic discourse that aids gender equality in society.

The course would be introduced as an elective subject for students of Classes XI and XII from the coming academic session. HRD Ministry sources said the idea is one of the many to achieve the larger goal of reinforcing the importance of value education in schools. — TNS

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 Police accepts alibi of 2 accused into cop’s death
Tribune News Service

New Delhi, January 4
The Delhi Police has acknowledged the alibi of two of the eight accused arrested for the alleged murder of a constable during the violent clashes at India Gate on December 23. The police acknowledged that the two men were present at a metro station when Delhi Police constable Subhash Chand Tomar collapsed after he was allegedly attacked by protesters.

Deputy Commissioner of Police (Crime and Railways) SBS Tyagi told The Tribune that the police had examined the December-23 CCTV footage, available with the Delhi Metro Rail Corporation, of the Rajiv Chowk metro station.

He said the footage showed the two men, Amit and Kailash Joshi, both brothers, at the metro station at 5.42 pm on December 23. “Around the same time, the constable had collapsed (after being attacked). It is highly unlikely that the two men are involved in his murder. We presently don’t have any evidence against them,” he said.

The officer said the two were caught at Bhagwan Dass Road near India Gate later that evening. Kailash and Amit had informed a Delhi court that they were present in a metro when the police cracked down on protesters.

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  CPM against death penalty for rapists

New Delhi, January 4
The CPM today rejected calls for death penalty for those accused of heinous cases of sexual assault and called for prevention of advertisements that promote objectification of women.

In a note submitted to the Verma committee, the CPM said a person convicted for aggravated sexual assault, rape which would include gang rape, child rape and custodial rape by a police official, a government official or a person in a position of trust, the maximum punishment should be rigorous life imprisonment.

“In other cases of rape, the maximum sentence should be life imprisonment and in both cases, minimum sentence should be specified,” the party said. — TNS

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 Just 5% hospitals can handle forensics in rape cases
  3 million pending cases y 25 state, 4 Central Govt forensic labs y 25 DNA experts
Aditi Tandon/TNS

New Delhi, January 4
Less than 5 per cent medical institutes in the country are equipped to
conduct forensic examination on the victims of sexual assault.

Infrastructure for advanced forensic evidence examination involving DNA profiling and identification is even lesser with only 4 Central Government laboratories equipped to handle such cases.

Given the dismal scenario of medical evidence collection and analysis, top forensic science and forensic medicine specialists from the country today wrote to the JS Verma Committee about what needed to be done to speed up trial in rape cases.

“It is high time the government created a dedicated cadre of forensic experts to deal with cases of sexual assault. Today 75 to 80 per cent medico-legal work is being performed by MBBS doctors, who are not well trained in forensic aspects. They do not have the specific training in the collection and analysis of evidence,” said Dr Adarsh Kumar, General Secretary of the Indian Academy of Forensic Medicine.

Medico-Legal Expert for the NHRC and Associate Professor in Forensic Medicine and Toxicology at AIIMS Adarsh Kumar says India is way behind the West in treating forensics as pivotal to rape investigations. The academy has demanded a post of District Medico-Legal Expert to handle sexual assault investigations.

“There is a need to have clinical forensic medicine units at every medical college and hospital along with separate rooms for examining rape victims, trained forensic nursing personnel and supportive staff,” the academy representation to Verma panel says. The panel has fixed January 5 as the last date for receipt of petitions on the anti-rape law debate.

In over 60 per cent cases of sexual assault, delay in trials is attributed to delay in the submission of medical and forensic examination reports.

Law Minister Ashwani Kumar admitted that the lack of infrastructure for medical investigations was a huge challenge hampering investigations. “We have just about three labs for DNA profiling. This area needs a lot of attention,” he said.

For over 3 million pending court cases, India has only 25 state and four Central Government forensic science labs; about 25 DNA experts; 300 medico-legal experts and 5,000 forensic experts, including forensic medicine specialists.

Experts have called for development of medico-legal institutes and centres in every state where deployment of various categories of forensic medicine specialists and toxicologists and scientists is assured.

“Delay is attributed to the receipt of reports from forensic science laboratories, but attention must be paid to how well equipped are these labs to deliver. Inadequacy of forensic infrastructure is a gapthe government can’t ignore in the ongoing debate on justice for victims of sexual assault,” says Dr Adarsh.

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 Congress yet to take final call on anti-rape laws 
Anita Katyal/TNS

New Delhi, January 4
While Congress president Sonia Gandhi has been consulting legal experts and civil rights groups to get inputs on making anti-rape laws more stringent, the party is still debating the merits and demerits of the various suggestions including capital punishment, life imprisonment and chemical castration of the offenders.

Underlining that the party is still to take a final view on this subject, AICC general secretary incharge of Mahila Congress, Mohsina Kidwai told The Tribune that laws could not be framed in a rush of emotion and instead should be deliberated in a cool and rational manner.

She said the Congress will respond to the letter from Home Minister Sushil Kumar Shinde seeking opinions from political parties on amendments to anti-rape laws and send its proposals after a detailed internal debate. She said this will require a close scrutiny of the existing laws, how effective they have been in tackling crimes against women and how these can be made more stringent.

“What is important is that we have a strong and effective law which acts as a deterrent and also provides protection and rehabilitation of the victims,” Kidwai stressed.

Following the recent death of the Delhi gang rape victim, Kidwai had convened a meeting with Mahila Congress representatives and women MPs Renuka Chaudhary, Girja Vyas and Santosh Chaudhary earlier this week to compile their suggestions on tackling crimes against women.

Kidwai said it was absolutely imperative that the police force is made more women-friendly and the cases pertaining to crimes against women are fast-tracked and disposed of within a specific time-frame.

While the initial angry reaction in the party veered towards capital punishment and chemical castration of rapists, there are second thoughts on the issue. While the Mahila Congress has proposed capital punishment for offenders, a section in the party feels death penalty will not act as a deterrent as it could encourage rapists to kill the victim in order to destroy evidence against them. Legal experts have also warned party leaders against the possible misuse of the law as is in the case of the anti-dowry act. One suggestion is that rapists be punished with life imprisonment extending to entire life and not just 14 years.

While the Congress is working overtime to finalise its proposals for submission to the Justice Verma committee, Kidwai said the angry public protests following the the Delhi episode had put the women’s issues firmly on the agenda of political parties. “Earlier, no political party body treated women’s issues seriously... these were generally dismissed laughingly, but not any more,” Kidwai said. 

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India cautious on Pak’s new military doctrine
Ashok Tuteja/TNS

New Delhi, January 4
New Delhi has chosen to be quite cautious to Pakistan army's new military doctrine which described home-grown militant groups and internal dangers as the biggest challenge to the country's security after focusing on the threat from India for decades.

"It is a Pakistani assessment, which is not for us to comment upon. There are many analysts and interlocutors from around the world who have been saying this in public and talking to Pakistanis about it," sources here said.

The sources added, "If that assessment is one that Pakistan has arrived on its own, it is a matter of interest."

According to the new doctrine, published in the Pakistani media, ongoing activities of Taliban militants in the restive tribal regions and unabated terrorist attacks on government installations in major cities were posing a real threat to Pakistan's security. The doctrine deals with operational preparedness and is reviewed on and off.

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 300 more women to police Guwahati streets

Guwahati, January 4
More women police personnel are being deployed on the streets of Guwahati city by the administration as part of efforts to ensure security and protection of women in the city. According to Senior Superintendent of Police (SSP), A P Tiwari at least 300 additional woman police personnel were being engaged in different corners and streets of the city to make their presence discernible so that women and young girls feel secure in the city.

Assam police will soon deploy newly-formed special women police battalion called Virangana in the city. The battalion has been raised with the basic purpose of prevent growing incidents of harassment of women on the city streets. Deputy Commissioner of Kamrup (metropolitan) district, A Agnihotri said a series of programmes will be launched in the city to ensure the safety of women in coordination with district administration, police administration, Assam State Women Commission and women NGOs and organisations. — TNS

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  Alagiri miffed at Karuna’s succession plan

Chennai, January 4
A day after DMK chief M Karunanidhi announced that Stalin would lead the party after him, his elder son MK Alagiri today said the party was not a “math” to appoint successor.

“DMK is not a math,” was Alagiri’s response when mediapersons approached him at the airport to seek his reaction to Karunanidhi’s statement that Stalin would succeed him. Alagiri recalled that his father had said “DMK is not a Sankara Math”.

Addressing party workers yesterday, Karunanidhi had said: “I will work for the uplift of the society till death. So, for the question: Who after me? The answer is Stalin who is sitting amongst you and you should not forget it.”

The 88-year-old leader had more than once hinted at Stalin being his political heir apparent, an issue that had led to sibling rivalry with Alagiri, his elder son and Union Minister.

Alagiri had said his recommendations were neglected by the party leadership, an indirect attack on Stalin. — PTI

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 Modi can still level 2007 seat tally
Manas Dasgupta

Ahmedabad, January 4
Gujarat CM Narendra Modi’s dream to dish out a better performance in the 2012 state Assembly elections than in the last elections has been dashed to the ground. Modi led the BJP to claim 115 seats in the recent 182-member Assembly elections, two less than 117 seats his party had won in the 2007 elections.

Though the presence of the Gujarat Parivartan Party, a BJP splinter group floated by Keshubhai Patel is believed to have cost Modi at least half a dozen seats, the circumstances following the declaration of the results had re-kindled hopes that Modi might still be able to surpass the 2007 election tally.

Unfortunately for the Congress, the day the election results were declared, Savitaben Khant, who was elected from the tribal reserve seat of Morva Hadaf, died requiring a by-election.

Three of the two Congress sitting members of the Lok Sabha, who were given ticket to contest the Assembly elections hoping to stall Modi’s march to victory, also won. Modi hoped that given the tight situation the Congress faced in the Lok Sabha in respect of number of seats it held, the party would direct both the MPs to retain their parliamentary seats and quit the Assembly seats. This would have paved the way for three by-elections giving a chance to Modi to still surpass his last elections’ tally.

Surprisingly, however, the Congress directed Somabhai Patel to retain his parliamentary seat and resign from Limbdi, the seat from where he was elected to the state Assembly. But it has allowed Vitthalbhai Radariya, the MP from Porbandar, to retain his Dhoraji state Assembly seat and quit from the Lok Sabha.

Both Patel and Radariya submitted their resignations yesterday, Patel submitting his resignation to the state Assembly pro-tem speaker Vajubhai Vala, and Radariya to the LS Speaker.

In the by-elections for the two seats to be held at a later stage, Modi would at best be able to equalise his last time’s tally, if the BJP won both the seats. 

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 Seafarers union to the rescue of stranded sailors
Tribune News Service

Mumbai, January 4
The National Union of Seafarers of India (NUSI) has stepped in to offer assistance to the sailors of nine ships, owned by Pratibha Shipping, which have been stranded in different parts of the world as the company faces financial difficulties.

Under a deal brokered by the Director General of Shipping, the union will offer financial support to the troubled company to pay the mandatory fee to various port authorities so that the respective crews are allowed to leave.

The company will repay the union from the proceeds earned from scrapping some of the ships, an NUSI official said.

"Nine oil tankers belonging to the company are stranded in China, Bahrain and various Indian ports for the past several months. The sailors haven't been paid and many of them do not have enough provisions on board," the NUSI official said.

The plight of the sailors came to light after a few of them stranded on board Pratibha Tapi since October last off Mumbai port took ill. 

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  NSAs of BRICS nations to meet next week
Tribune News Service

New Delhi, January 4
Ahead of the BRICS summit in Durban in March, the National Security Advisers (NSAs) of Brazil, Russia, India, China and South Africa will meet here next week to discuss major regional and international issues.

India’s NSA Shivshankar Menon will represent India at the meeting to be held on January 10.

This will be the first structured meeting of the NSAs of the BRICS grouping comprising the five major emerging economies of the world.

The situation in the Middle East, the conflict in Syria, Iran’s nuclear issue and counter-terror cooperation are among the issues that are expected to figure in the discussions.

The 5th BRICS summit will be held in Durban on March 26-27, the first time South Africa will be hosting the heads of states and governments of the BRICS countries. The BRICS comprises nearly half the world’s population and a quarter of global GDP.

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Honour killings
SC summons Haryana top cop, 2 SPs
R Sedhuraman
Legal Correspondent

New Delhi, January 4
The Supreme Court today summoned the Haryana Director General of Police (Law and Order) and the Superintendents of Police of Rohtak and Jind districts in a case relating to checking honour killings of young couples involved in same “gotra” or inter-caste marriages at the instance of khap panchayats.

A Bench comprising Justices Aftab Alam and Ranjana Desai asked the three police officials to be present in the court at the next hearing of the case on January 14. It also summoned the SP of Baghpat district in Uttar Pradesh.

The Bench asked the PIL petitioner, Shakti Vahini, to contact the Sarb and Meham Choubisi khap panchayats of Rohtak and Jind districts and ask them whether they would like to present their views on matrimony and other community issues in which they interfered. It directed advocate Ravi Kant, counsel for the petitioner, to convey its sentiments to the two khap panchayats.

“We are open and willing to hear their views in the matter,” the Bench said. It also asked Additional Advocate General Manjit Singh Dalal to communicate its order to the three police officials.

The Bench passed the order after expressing its desire to put in place pilot projects in Rohtak, Jind and Baghpat, the worst affected districts, to check crimes against women as recommended by senior advocate Raju Ramachandran.

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* The Bench passed the order after expressing its desire to put in place pilot projects in Rohtak, Jind and Baghpat, the worst affected districts, to check crimes against women

* It asked the three police officials to be present in the court at the next hearing of the case on January 14 and also summoned the SP of Baghpat district (UP)

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