The first victim of any sexual assault case in India is not the perpetrator but the complainant as there is no legal mechanism to protect her privacy. The young woman journalist who mustered courage to lodge a complaint against editor-in-chief of Tehelka, Tarun Tejpal, for his demeanor, had found herself at the receiving end. Read more
Two distinct behaviours of Indian politicians – joining hands to prevent cricket bodies and parties becoming answerable under RTI and then fighting hammer and tongs to stall Parliament – in the last few months shows why people’s faith in our leaders is fading. Read more
Death of 23 children from insecticide ridden mid-day meal scheme in Bihar school is a scar on the world’s largest public funded school lunch scheme. But, the one incident is not enough to state that all is not right with the mid-day meal scheme. Read more
There is a thin dividing line between a hero and a villain. American intelligence contractor turned fugitive Edward Snowden falls in this category. He is a hero for billions of people across the world standing for personal freedom and villain for security zealots who believe in their right to poke in everybody’s personal life anytime, anywhere. Read more
A former Chief Justice of India listening keenly to testimonies of poor families from across India and then translating them into English for the sake of elitist Delhi audience before delivering his verdict at a public hearing in January this year. Read more
The UPA government surely lacks clarity on what type of amendment its wants to bring in anti-rape laws for better safety of women.
The government’s dilly-dallying on the age of consent and stricter punishment for juveniles has caused consternation among law enforcers who believe that the government wants to put something in place hurriedly without vigorous consultation process.
Less than a year ago, the UPA government had notified 18 years as age of consent for sex after deliberating on the issue for years. In 2005, a Parliamentary Standing Committee had raised the issue of conflict in different Indian laws on age of consent. After almost seven years, the government increased the age of consent to 18 years.
It took the horrible Delhi gang rape case of 2012 and a few women activists that the UPA government changed its stand and now wants the age of consent to be 16 years. Personally, I believe it is some sort of course correction for the government to protect the young ones from undue pressure from parents and khap panchayats.
Such dramatic changes in a short span of time only create confusion and problem for law-makers. The big question remains what would happen to young people between 16 and 18 years who may have been booked for rape during the period the age of consent was 18 years.
Will they get some reprieve from the courts once the government notify the age of consent to 16 years? Most jurists would say it would not be possible as law of the day is applicable and any law cannot be enforced retrospectively. So, a gross injustice would have been done with them and the blame would fall on the totally confused government.
Equally important question is about the age of juveniles in law. Should it be 16 or 18 years?
Two accused in Delhi gang rape case being below 18 years has played an important role in government willing to reduce the age of juveniles to 16 years contrary to the global practice of defining all those below 18 years as children.
One-off incident cannot become a reason for tinkering with a well tested and laid out principle. The government has neither done any sociological research nor have data to prove that juveniles between 16 to 18 years can decide like an adult. There have been studies to show juveniles in this age bracket have been influenced by adults, directly or indirectly, in committing the crime.
The most upsetting aspect of recent move of the government to change rape laws is that the decisions are based more on appeasing the popular sentiment than rationale and scientific temper. And, the probable reason is India’s poor crime research.
Delhi’s brutal gang-rape and subsequent testimony of the girl’s friend not only shows that how the police system has failed but also the overall loss of faith in government institutions. Reason is: failure of the government to make its machinery accountable to people. Read more
Barbaric rape of a 23-year-old paramedic in a moving bus in Delhi shows that we may be living in the world’s fastest growing economy but our progress in gender equality and respect towards women has been dismal. Read more
Being in Qatar for almost five days and seeing how climate change protests were quashed with disdain, I wondered what would have happened to Arvind Kejriwal, if he would had raised the issue of corruption in this country. Read more
The only law that empowers people — the Right To Information Act — is facing its worst danger within seven years of its birth from the government which created it and judiciary, mandated to uphold the law. Read more