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Punjab & Haryana HC sets 3 gang-rape convicts free on bail, slams the victim instead

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Punjab & Haryana HC sets 3 gang-rape convicts free on bail, slams the victim instead

[vc_row][vc_column][vc_column_text]The High Court felt “it would be a travesty of justice if they (the culprits) are not given a chance to redeem themselves”

Legal versions of what constitutes rape can vary wildly within the judicial system of India. Especially, the absence of “gut wrenching violence that normally precede or accompany such incidents” is good enough for perpetrators of the crime to get away with a minor rap on the wrists, while bringing to the victim of rape more shame, supposedly for their “promiscuous attitude and voyeuristic mind”.

These quotes aren’t social or editorial inputs. Those were the actual words used by a division bench of the Punjab and Haryana High Court, comprising Justices Mahesh Grover and Raj Shekhar Attri, who in a recent verdict set three rapists, whose guilt had been proven beyond doubt, free to leave on bail.

That was not where the division bench stopped. It observed in its judgement that the heinous gang-rape culprits – three former law students – actually deserved a second chance. It observed: “It would be a travesty of justice if they are not given a chance to redeem themselves.”

That second chance, unfortunately, was not available to the victims, reports The Free Press Journal, quoting NDTV.

After hearing all arguments, judges Grover and Attri came to the strange conclusion that the victim’s account was questionable because of her supposed “promiscuous attitude and voyeuristic mind”. The judges suspended the sentence of the three youngsters and ordered them to pay Rs 10 lakh to the woman as compensation.

In 2015, the woman, a management student of the OP Jindal Global University in Sonepat, brought charges of rape against the three law students. She had complained that they had raped her several times for more than a year, while one of them had been blackmailing her using her nude photos. They had, thus, been able to force her to have sex with him and his two friends had joined in, resulting in a textbook case of gang-rape.

The sensible trial court had gone through the details of the case and found all three guilty. The verdict of the trial court judge was 20 years in prison on account of gang-rape, as well as for other criminal offences. The third man was sentenced to seven years in prison, a standard for rape.

That was when the three moved the high court, demanding a suspension of their sentences and the high court, strangely, agreed that a balance could well be struck between retribution and the sentences. The first logic used was that these were young men, with a future.  If there was any comment from the bench about the future of the young woman, the victim of this heinous crime, it has not been made available to the general public.

That was when the court, shockingly commented: “It would be a travesty of justice if they (the men) are not given a chance to redeem themselves.”

Such a pronouncement deserved an explanation and that too was shocking. The outstanding phrases within the judgement read as follows: “…the narrative does not throw up gut wrenching violence that normally precede or accompany such incidents”.  This, obviously, shows an existing predisposition of the judges towards a scenario of rape.

The other set of comments, through which the unfortunate woman has become a victim twice over, reads as follows: “… the entire crass sequence actually is reflective of a degenerative mind set of the youth breeding denigrating relationships mired in drugs, alcohol, casual sexual escapades and a promiscuous and voyeuristic world”.

The thin silver lining was in the court’s acceptance that the victim was threatened into submission and blackmail. Yet, while realising the extent and disgusting nature of the crime, the bench said that, after carefully examining her statement, it felt that all that represented “alternate conclusion of misadventure stemming from a promiscuous attitude and voyeuristic mind”. The construction of this part of the sentence is convoluted, but brings little joy to the victim of a gang-rape.

Thus came the bail order, in which the court observed, referring to the young generation that it is: “…unable to comprehend the worth of a relationship based on respect and understanding”.

So what will the rapists do as free, unencumbered young men? The court’s condition was that the three must undergo counselling at the All India Institute of Medical Sciences (AIIMS) for “correcting their behavioural aberrations” and to free them of their “voyeuristic tendencies”.

Of course, the court admits that it was the duty of the parents of the rapists to make them see better things and act better. After all, they are young, with impressionable and immature minds, one guesses.  Hence the court asked the Director AIIMS to submit a report. The bench also added that it will be the “duty of the parents” of the convicts to apprise the court on the progress. One can feel sorry for the parents, surely.

-India Legal Bureau

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India News

MK Stalin predicts frequent PM Modi visits to Tamil Nadu before assembly election

MK Stalin has said Prime Minister Narendra Modi will visit Tamil Nadu more often ahead of the Assembly election, calling the tours politically motivated and questioning the Centre’s support to the state.

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MK Stalin

Tamil Nadu Chief Minister M. K. Stalin has predicted that Prime Minister Narendra Modi will increase his visits to the state as the Assembly election, expected in April or May, draws closer.

Speaking ahead of the polls, the DMK president said the Prime Minister has already begun touring Tamil Nadu and is likely to visit frequently in the coming months. He claimed that such visits could create discomfort within the BJP-led National Democratic Alliance (NDA), as alliance partners may fear the political impact of repeated appearances.

Stalin calls visit politically motivated

The Chief Minister described the Prime Minister’s scheduled programmes in the state as “politically motivated”. PM Modi is set to attend various events in Madurai in southern Tamil Nadu, including the inauguration of the first phase of the AIIMS hospital project. He is also expected to visit the Thiruparankundram Temple amid the Karthigai Deepam-related controversy and participate in a public meeting organised by the NDA.

Stalin said he has been working for all sections of the population, including those who did not vote for his party. In contrast, he remarked that some leaders are visible in the state only during election time and increase their visits as polls approach.

Criticism over Union Budget allocations

The DMK leader also criticised the BJP-led central government, accusing it of neglecting Tamil Nadu. He pointed out that while approval was recently granted for the Gujarat Metro project, there were no major announcements or allocations for Tamil Nadu in the Union Budget.

Stalin asserted that voters would remember the lack of significant measures for the state. He framed the upcoming election as a contest between Tamil Nadu and the NDA, stating that the state should be governed from Fort St George in Chennai rather than from Delhi.

The ruling DMK is currently allied with several smaller parties and, at present, the Congress, as it seeks a third consecutive term in office. Its principal rival, the AIADMK, is aligned with the BJP as part of the NDA.

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Shashi Tharoor questions Centre over Kerala name change to Keralam

Shashi Tharoor has criticised the Centre’s decision to approve renaming Kerala as Keralam, questioning its impact and pointing to the lack of major projects for the state.

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Congress MP Shashi Tharoor has criticised the central government over its decision to approve the renaming of Kerala as ‘Keralam’, arguing that the move prioritises symbolism over development.

Reacting to the Union Cabinet’s approval, Tharoor said that the state’s name has always been ‘Keralam’ in Malayalam and questioned the practical impact of introducing the Malayalam term into English usage.

“It has already been ‘Keralam’ in Malayalam. So now, a Malayalam word is coming into English. I don’t know what difference it makes,” he said, adding that the state has not received major projects such as an AIIMS or new institutions from the Centre. He also pointed out that no significant allocations were made for Kerala in the Union Budget.

In a separate post on X, Tharoor raised what he described as a “small linguistic question” about what residents of the state would be called if the name change is implemented. Referring to existing terms such as “Keralite” and “Keralan”, he remarked that alternatives like “Keralamite” sounded like a microbe and “Keralamian” like a rare earth mineral.

The Union Cabinet, chaired by Prime Minister Narendra Modi, cleared the proposal on Tuesday. The move comes ahead of the upcoming state Assembly elections, in which 140 members of the legislative assembly are to be elected. The poll schedule is yet to be announced by the Election Commission of India.

The state assembly had earlier passed a resolution seeking the change in official records. Chief Minister Pinarayi Vijayan had moved the resolution in 2024, urging the Union government to adopt the name ‘Keralam’ in all languages listed in the Eighth Schedule of the Constitution.

He had stated that the demand for a united Kerala for Malayalam-speaking people dates back to the national freedom movement.

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Tamil Nadu potboiler: Now, Sasikala to launch new party ahead of election

Sasikala has announced the launch of a new political party ahead of the Tamil Nadu Assembly elections, positioning herself against AIADMK chief Edappadi K Palaniswami.

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In a significant political development ahead of the Tamil Nadu Assembly elections, expelled AIADMK leader V. K. Sasikala has announced that she will float a new political party and contest the polls by fielding her own candidates.

Speaking in Madurai before heading to Pasumpon for a public event, Sasikala said she would unveil her party’s flag later in the evening. She indicated that more details regarding the party’s structure and plans would be shared at the gathering.

The event venue carries political symbolism. Pasumpon is the birthplace of Thevar leader Muthuramalinga Thevar, and Sasikala herself belongs to the influential Thevar community in southern Tamil Nadu. The programme was held as part of birth anniversary events of former Chief Minister J. Jayalalithaa.

Direct challenge to EPS

Sasikala’s move is being viewed as a direct political challenge to AIADMK general secretary Edappadi K. Palaniswami (EPS). After Jayalalithaa’s death in 2016, Sasikala briefly took control of the party and had appointed Palaniswami as Chief Minister. However, following her conviction in the disproportionate assets case, she served a four-year prison term, and during that period, she was expelled from the party.

Palaniswami later aligned with O. Panneerselvam, whom Sasikala had earlier removed from the Chief Minister’s post. The two leaders subsequently adopted a dual leadership arrangement within the party and government.

Sasikala remains disqualified from contesting elections until 2027 due to her conviction. Nevertheless, she has stated that she intends to field candidates under her new party banner.

Fragmented Thevar vote base

Over the years, expulsions within the AIADMK — including Sasikala, her nephew TTV Dhinakaran and O Panneerselvam — have led to divisions within the Thevar support base. Political observers have linked this fragmentation to the party’s weakened electoral performance in the elections following Jayalalithaa’s passing.

While Dhinakaran has returned to the NDA fold, reports suggest Palaniswami is opposed to any arrangement that includes Sasikala or Panneerselvam. OPS, meanwhile, has exited the NDA.

Sasikala has repeatedly criticised Palaniswami, describing him as a betrayer, while he maintains that his leadership stems from the support of AIADMK legislators rather than her backing.

The AIADMK has not issued an official statement on Sasikala’s announcement. However, a senior party leader questioned her political standing, pointing out her disqualification from contesting elections and referring to legal issues linked to Jayalalithaa’s death.

With the Assembly polls approaching, Sasikala’s re-entry into active politics could further complicate the opposition space in Tamil Nadu and influence electoral calculations, particularly in the southern districts.

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