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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

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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