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Topic: Custodial rape


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In the News (Sat 6 Sep 08)

  
  Women and law, the constitution and you, consumer rights, labour laws, labor laws in India, provisions for women in ...   (Site not responding. Last check: 2007-11-05)
Where rape is proved, the minimum punishment is ten years for custodial rape, gang rape, rape of pregnant women and minor girls under the age of 12 and seven years in other cases.
In the Bhanwari Devi judgement, a judge remarked that the victim could not have been raped since she was a dalit while the accused hailed from the upper caste, and an upper caste man would not stoop to sexual relations with a dalit.
Rape is a weapon that distorts a woman’s sexuality, restricts her freedom of movement and violates her human rights.
www.womenexcel.com /law/rapelaws.htm   (1431 words)

  
 Father Custody -- Recommendations and Resources   (Site not responding. Last check: 2007-11-05)
Child custody and guardianship are the legal terms used to describe the legal and practical relationship between a parent and child, including e.g.
Custody may not be awarded to a person other than the father or mother, except under unusual circumstances which require a hearing.
Custody and repatriation was an administrative procedure established in 1982 by which the police in the People's Republic of China could detain non-residents and return them to their place of origin.
www.becomingapediatrician.com /health/53/father-custody.html   (1348 words)

  
 << CounterCurrents.org >>
A fortnight later, it was introduced in Parliament, and the collective sense of outrage over the rape of a young medical student in broad daylight outside her college on one of the Capital's busiest thoroughfares should push the amendment into the law books soon.
While in 1983, in the wake of the Mathura case judgment — which, according to a legal study on rape by the NCW in 1999, reflected "the insensitivity of even the judiciary to the heinous crimes against women" — a few measures including more stringent laws were introduced, they were nowhere near the demands.
Despite the social taboo attached to rape, an insensitive police mechanism, and a hostile courtroom — all of which heap further humiliation on the victim — as many as 15,264 cases of rape were reported countrywide last year.
www.countercurrents.org /gender-rapetrial.htm   (1351 words)

  
 Custodial crime victims to get compensation
In recent years, third degree torture and custodial deaths have become an intrinsic part of police investigations and the injury inflicted on the prisoners is sometimes unbearable.
Custodial crimes had taken various forms such as torture in custody, rape, custodial death, brutal and inhuman treatment of prisoners, whether under trials or convicts.
The total numbers of deaths in custody in 2000-2001 were 1037.The highest number of deaths in police-custody in 2001-2002 was recorded in Maharashtra.
news.webindia123.com /news/articles/India/20060330/293158.html   (381 words)

  
 The Times of India - Reader's .   (Site not responding. Last check: 2007-11-05)
Comment: There could be little doubt that rape is not only violation of one's right to control over her body but also an inhuman practice of primitive society which is still being as a tool to show women her place in society, in family everywhere.
Punishment for rape is provided under Section 376 of I.P.C. The punishment awardable is different depending upon the age, marital status and degree and nature of offence; marital rape, gang rape, custodial rape etc. It is also important to note here that it was the amendment made in 1983 to I.PC.
In case of Rape of a woman who is under twelve years of age Sec.376 Subsection 2- f gives Punishment of Rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine.
timesofindia.indiatimes.com /opinions/1135275.cms   (443 words)

  
 Recent Advances Related to Rape Laws
Rape is a crime against basic human rights and is also violative of the victim's most cherished of the fundamental rights, normally, the right to life contained in Article 21.
In most countries of the world rape is considered as a serious crime, though always not for the same reason, in many African Tribes, rape is heavily fined because it is considered as a violation of property rights, the woman belonging either to a father or a husband.
In a ruling to plug a loophole in rape cases, the SC has held that a person accused of raping a mentally challenged woman cannot escape the punishment on the plea that he had the consent of the victim for sexual act.
www.icfmt.org /vol3no3/rape_laws.htm   (3473 words)

  
 India - Women - Rape Of The Law   (Site not responding. Last check: 2007-11-05)
A nation-wide campaign followed against rape demanded redefining consent in a rape trial and demanded that past sexual history and the girl's character should not be used as evidence.
For instance, for the first time ever the minimum punishment for rape was laid down at 10 years for custodial rape, gang rape, rape of minors (under 12 years) and pregnant women.
The onus of proving his innocence was on the accused in cases of custodial rape (in police custody, hospitals, remand homes and jails).
www3.estart.com /india/women/rapelaw.html   (930 words)

  
 Debates and views on rape   (Site not responding. Last check: 2007-11-05)
Whereas in rape- the victim is ravished like an animal for the fulfillment of desire and lust of another man. Both have the same object- to undermine the integrity of the victim, physically as well as mentally.
The dilution of this provision has made women more vulnerable to the kind of custodial rape we saw enacted in Mumbai a few months ago an amnesty report also states that, most crimes conducted by police on custodial women are the 'street girls' or the orphan ones left out without home.
A victim of rape would be considered to have lost her honorable reputation and place in society, a loss of honor, which entailed shame on the woman's family group as well.
o3.indiatimes.com /debatesonrape   (5133 words)

  
 To Each Its Own » Archives » RAPE LAWS - Are women really protected ?
Then we cases of Custodial rape which is extremely heinous since the offenders are supposed to be guardians of the law.
However rape laws in India are extremely antiquated.Although the laws outline the crime in clear terms, the courts are filled with people who favour the accused and challenge the veracity of the victim’s allegation.
Sexual intercourse in a custodial situation is deemed an offence(policemen, public servants, managers of public hospitals and remand homes or wardens of jails), even if it is with the consent of the woman.
sakshijuneja.com /blog/?p=154   (2073 words)

  
 Why LK Advani is Wrong? by Laxmi Murthy
The rape of a 17-year-old tribal girl by local policemen near Bombay and the subsequent acquittal of the rapists led to nation-wide protests against patriarchal notions in the judiciary.
Women who were raped were on the run for days, too terrified to approach the police who had shown their communal colours, but 'delay in filing FIR' is held against them as a demonstration that the complaint is not true.
Only a handful of rape cases registered, and many of these withdrawn as complainant after complainant is forced to retract her statement by mobs that still roam free and threaten dire consequences if rape charges are pursued.
www.boloji.com /wfs/wfs116.htm   (1161 words)

  
 Custodial Rape (non-sexual)   (Site not responding. Last check: 2007-11-05)
Non-sexual custodial rape reflects not only the conditions and deception by which my sons Kameron and Micah were carried away, but is also a response to the outrageous violation of the child’s and parents rights by the acute disruption of communication.
Rape is regarded by many as one of the most grievous crimes, surpassed only by murder.
In divorce and custody cases, the open end system of Family Court can place a family at the hands of family court indefinitely whenever one party decides to motion for change of support, custody or visitation.
www.mrindianajones.com /custodial_rape.html   (1717 words)

  
 Rape of justice- The Times of India   (Site not responding. Last check: 2007-11-05)
It is not that custodial rapes do not occur.
Section 114-A, introduced in the Indian Evidence Act by the amendment, says the court shall presume lack of consent in cases of custodial rape, where sexual intercourse by the accused is proved and the woman states that she did not consent.
Rape by police officers, public servants, jail, hospital, remand home staff and gang rape are included in the section.
timesofindia.indiatimes.com /articleshow/1507836.cms   (403 words)

  
 The Hindu : Magazine / Columns : `Reality' rape
Following this, in another case where a man was beaten to death in police custody and his wife molested, the courts laid down norms prohibiting women from being taken to police stations after sunset and before sunrise.
In the last couple of years, one of the most regressive provisions of the rape law, that allowed the raped woman's previous sexual history to be used as evidence by the defence, has now been nullified.
Barring custodial rapes, the onus of proving rape rests with the victim, and, therefore, with the prosecutor.
www.hindu.com /mag/2005/06/26/stories/2005062600180300.htm   (922 words)

  
 The Hindu : CB-CID probe ordered into 'custodial rape'
The Tamil Nadu Tribal Welfare Federation, at a press meet on March 2, alleged that a 14-year-old tribal girl, Manimegalai, was raped by a head constable, while another tribal woman, Vijaya, was sexually harassed on January 8.
Since Prakash and Kura Anandan were habitual offenders, a doubt arose whether they flung allegations of rape and molestation to tarnish the image of the Vaniyambadi police, the Chief Minister said.
However, in the wake of media reports, the Government was keen on unearthing the truth and hence a CB-CID inquiry had been ordered to probe the chain of incidents — right from the arrest of Prakash and Kura Anandan to the charges of sexual harassment.
www.hindu.com /2002/05/10/stories/2002051003330400.htm   (460 words)

  
 [No title]   (Site not responding. Last check: 2007-11-05)
A pattern of custodial rape by paramilitary personnel allegedly exists in the Northeast (see Section 1.g.), but is not included in NHRC statistics because it involves military forces.
Charges against police prosecuted for custodial abuse include murder; in one case in Bihar, six policemen were convicted and sentenced to death (the decision is under appeal.) Prison conditions are poor.
During the 1995-96 fiscal year, 441 cases of custodial death and three cases of custodial rape were reported to the NHRC, including 133 deaths and 3 rapes in police custody.
www.terrorism.net /Pubs/dosfan-hr/SouthAsia/India.txt   (11536 words)

  
 Trafficking and Prostitution in Bangladesh, Making the Harm Visible, Global Sexual Exploitation of Women and Girls, ...
Custodial rapes of women are rampant in our society.
Custodial rapes include rapes by employers, guardians and law enforcing agencies.
In a proposal for amending the earlier mentioned special law, we have demanded inclusion of custodial rape as an offence, as well as to make the principal officer equally liable for the offence committed by his subordinates, even if he was not present at the time of commission of the offence.
www.uri.edu /artsci/wms/hughes/mhvbang.htm   (2779 words)

  
 Damning the violated
The case, better known as the Mathura rape case, led to a storm of protest and serious attempts to redefine, or at least clarify, concepts like ``consent'' and ``custodial rape''.
That the raped woman had chosen not to inform her parents about the incident and had delayed lodging an FIR for 10 days after it had occurred were factors that seemed to have weighed heavily on their minds.
The conviction rate in rape cases, most of which are not reported at all, is abysmally low precisely because the necessary investigations are not conducted with any degree of accuracy.
www.expressindia.com /ie/daily/20000722/ied22050.html   (526 words)

  
 Children In South Asia: their rights, the region's future (1998)
The custodial rape of Yasmin Akhter is not an isolated incident.
The ill-treatment and torture, including rape, that girl children and young women are particularly at risk of in the custody of police officers in Bangladesh is a reflection of the violence that women are subjected to in society as a whole.
And while it may be that only a fraction of reported rapes are committed by police officers, the fact that law enforcement officials are in most cases seen to be able to rape women with impunity, signals to society at large that the authorities do not treat the crime seriously.
www.amnesty.org /ailib/intcam/childasia/appeals.htm   (4111 words)

  
 Portrayals   (Site not responding. Last check: 2007-11-05)
Rape of female detainees in police custody has been a problem, although there were no reports of specific incidents during the year.
After a 5-year-old girl was raped in the Dhaka court building, police arrested a civilian and charged him with the crime.
When the case went to court the police requested that she be sent to"safe custody" and the court agreed.
www.csun.edu /~fr53009/mp.htm   (487 words)

  
 stopVAW -- Custodial Sexual Assault   (Site not responding. Last check: 2007-11-05)
Although the involvement of state actors in custodial sexual assault is clear, it is often understood not as a form of torture or abuse inflicted by a state agent, but rather as the expression of "private" desires of the custodian.
During her detention, she was allegedly subjected to torture and ill-treatment, including being deprived of food and water, receiving death threats against herself and her seven-year-old daughter and being beaten, forced to stand for 8 or 10 hours and jabbed in the chest with pins.
Custodial situations, like refugee situations, place women in relationships of dependency with male guards, officials or other administrators have the opportunity to threaten to withhold benefits to which the prisoners may be entitled (mail, etc.) unless the women "consent" to sexual relationships.
www.stopvaw.org /Custodial_Sexual_Assault.html   (1041 words)

  
 Prison rape - Wikipedia, the free encyclopedia
They estimate that 25,000 inmates are raped each year; that young men are five times more likely to be attacked; and that the prison rape victims are ten times more likely to contract a deadly disease.
In prison rape, the perpetrator and victim are generally the same sex (due to the gender-segregated nature of prison confinment).
U.S. Federal law, under the Prison Rape Elimination Act, calls for the compilation of national prison rape statistics, annual hearings by a review panel, and the provision of grants to the states to address prison rape.
en.wikipedia.org /wiki/Prison_rape   (457 words)

  
 Saxakali Magazine 3:1 Minority Women Couriers: At the bottom of the global narcotics economy   (Site not responding. Last check: 2007-11-05)
They are often the victims of brutalization by criminal justice officials in the form of invasive searches and custodial rape by prison guards, physicians and others.
The sexual exploitation and harassment of women in prison goes on without impunity although many advocate that it should be treated as a form of custodial rape.
Rape, sexual abuse of a child, armed robbery and other violent crimes carry lesser sentences.
www.saxakali.com /saxakali-magazine/saxmag31g2.htm   (2366 words)

  
 Violence Against Women in Sri Lanka - Report by World Organisation Against Torture (OMCT)
Moreover, the feelings of shame often associated with rape and other forms of sexual violence make women particularly unwilling to complain and it is often for this very reason that perpetrators use this form of violence as they are aware that they are unlikely to be held accountable for their actions.
Given the alarming number of cases of rape and other forms of torture being committed against persons in detention or in police custody, OMCT calls on the government to ensure that police, the military and prison officers are all provided with adequate and effective human rights training.
Persons accused of rape and other forms of sexual violence should be tried in the area in which the crime took place unless this would have demonstrably detrimental effects upon the rights of the accused.
www.tamilnation.org /indictment/rape/0211omct.htm   (4666 words)

  
 India
The NHRC focused on torture and deaths in custody by directing district magistrates to report all deaths in police and judicial custody to the commission and stating that failure to do so would be interpreted as an attempted coverup.
The 1,157 deaths in judicial custody reported to the NHRC in March included a large proportion of deaths from natural causes that in some cases were aggravated by poor prison conditions (see Section 1.a.).
Mass rapes often formed part of the tactics of intimidation used by upper caste gangs against lower castes, and gang rapes often were committed as a punishment for alleged adultery or as a means of coercion or revenge in rural property disputes.
www.state.gov /g/drl/rls/hrrpt/2003/27947.htm   (18720 words)

  
 [PRISONACT] Prison Rape: The Stories Need to Be Told   (Site not responding. Last check: 2007-11-05)
Prison Rape: The Stories Need to Be Told http://stopthedrugwar.org/chronicle/382/tellthestories.shtml 4/15/2005 special to Drug War Chronicle by Andrea Cavanaugh, public outreach associate for Stop Prison Rape Troy Bishop had no idea how much grief a small amount of cocaine could bring him when he was arrested in Texas 12 years ago.
Although prisoner rape is a subject that has been virtually ignored by scientists -- a researcher in 1992 found only a dozen studies on the subject -- those who have delved into the problem have found that a pervasive culture of sexual violence governs many US prisons and jails.
Years after he was raped, Bishop is still haunted by the violent attack he suffered at the hands of another inmate.
www.prisonactivist.org /pipermail/prisonact-list/2005-May/009929.html   (817 words)

  
 OneWorld South Asia Home / In depth / Politics / Law - Speedy justice in custodial rape case
Judge KU Chandiwal, who held a fast-track trial in the case, imposed a fine of Rs 26,500 on More and ordered that the amount be paid as compensation to the 17-year-old girl for the mental trauma that she had undergone.
More, it may be recalled, had spotted the girl with a boy on the Marine Drive rocks on April 21, 2005, and subsequently asked her to accompany him to the nearby police chowki on the pretext of conducting an inquiry.
At the chowki, the police constable raped the girl but was caught by the public who handed him over to the police.
southasia.oneworld.net /article/view/130293/1/598   (388 words)

  
 Stop Prisoner Rape
The controlling Supreme Court precedent in the area of inmate-on-inmate rape and custodial sexual misconduct (sexual abuse of inmates by guards or other corrections officials) is Farmer v.
Prison inmate who was raped after he was transferred to another facility brought civil rights action against prison warden, alleging that, inter alia, warden should have had policies in place to review transfer of vulnerable- looking inmates.
Female inmate at state corrections center who was allegedly raped by one correctional officer and sexually harassed by second officer brought § 1983 action against officers, warden, and director of state corrections department, alleging violation of her constitutional rights and tort of outrage under state law.
www.spr.org /en/docs/doc_01_laws.asp   (6163 words)

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