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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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MK Stalin announces major DMK organisational Changes in Tamil Nadu

MK Stalin has announced a major DMK organisational overhaul, introducing age and term limits and expanding party districts from 77 to 110.

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DMK chief MK Stalin has announced a major overhaul of the party’s organisational structure, months after the party lost the Tamil Nadu assembly election.

Acknowledging the defeat, Stalin said the party must openly recognise its mistakes. He also pointed to the functioning of party office-bearers as one of the factors behind the electoral loss.

“Although there are several reasons for our defeat, the functioning of our party office-bearers is also one of them,” Stalin said, stressing that the party must acknowledge its shortcomings and ensure better performance at every level.

Stalin also described the DMK as a “specialist” in making comebacks and said the party would return stronger.

Age and term limits for party posts

Among the major changes announced by Stalin are age and tenure limits for party positions.

Stalin said the changes would involve a significant restructuring of the DMK’s administrative system, with priority being given to new faces. He said the measures were intended to make the party sustainable for the next 100 years and help restore the trust of young people and women.

Under the new rules, branch secretaries must be aged 45 or below and can hold the position for a maximum of two terms.

District secretaries, meanwhile, must be below 70 years of age and can serve for a maximum of three terms.

DMK to increase party districts from 77 to 110

The DMK executive committee has approved increasing the number of party districts from 77 to 110.

The expansion will be implemented as part of the party’s 16th organisational elections. Revenue districts will generally be reorganised so that each party district covers two assembly constituencies.

Where only one constituency remains after the reorganisation, it will be attached to another suitable party district within the same revenue district as a third constituency.

Stalin has been authorised to determine and announce the constituencies that will form the 110 party districts.

New branch structure planned in urban areas

The DMK will also introduce a new branch-level structure in urban areas, along with the post of branch secretary.

The new system will initially be implemented in Chennai, Coimbatore, Madurai, Tiruchirappalli and Salem. It may subsequently be extended to other corporations.

Once the new party districts are announced, district executive committees will have to meet and establish the union, city, area, town, ward and branch-level units within 15 days.

The organisational changes come as the DMK seeks to restructure its party machinery and prepare for its political comeback following its assembly election defeat.

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PM Modi says India’s political stability makes India a bright spot for growth

PM Modi said India’s political stability and policy continuity are helping make the country a bright spot of growth amid global concerns.

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Prime Minister Narendra Modi on Friday said India has political stability and continuity in its policies, describing the country as a bright spot of growth and hope amid global concerns over economic growth.

Addressing the Economic Times World Leaders Forum, PM Modi said India is continuing to push reforms across sectors to maintain its growth momentum. He said reforms remain a key commitment of his government.

The Prime Minister said the NDA government has a clear roadmap for reforms, with a strong focus on governance. He also said the government is using incentives to encourage higher production.

PM Modi highlights shift in regulatory approach

PM Modi said his government is changing the country’s regulatory framework and moving away from what he described as a “prohibited-unless-permitted” approach.

He said the government believes there should be no regulation for an activity that has not been explicitly prohibited under law. According to him, the aim is to bring next-generation reforms at the policy and governance levels while improving ease of living.

He also contrasted the current Production Linked Incentive (PLI) model with what he described as a “Production Linked Punishment” approach followed by previous governments.

Focus on infrastructure and manufacturing

PM Modi cited changes in areas including the Indian Railways, Delhi Metro and Namo Rapid Rail as examples of reforms reflecting India’s changing needs.

He also said the government has changed the approach towards border infrastructure, which he described as a strength rather than a weakness.

The Prime Minister further highlighted India’s affordable data services and domestic mobile-phone manufacturing while discussing the country’s economic transformation.

India seen as a growth bright spot

PM Modi said the world is facing several concerns related to growth, including the weaponisation of resources, but India is being viewed as a bright spot of growth.

He said India’s political stability, policy continuity and reform efforts are helping sustain the country’s growth momentum.

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Jharkhand students, JMM workers clash over Hemant Soren effigy burning

Clashes broke out in Ranchi, Hazaribag and Giridih as protesting students attempted to burn effigies of Hemant Soren and Rahul Gandhi.

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Clashes broke out between protesting students and police in Ranchi and several other parts of Jharkhand on Friday evening as students attempted to burn effigies of Chief Minister Hemant Soren and Congress leader Rahul Gandhi, officials said.

Similar incidents were reported in Hazaribag and Giridih, where workers of the ruling Jharkhand Mukti Morcha (JMM) clashed with students who were trying to burn effigies of Soren.

The protesting students are affiliated with the JPSC-JSSC Reforms Manch. They have accused the Jharkhand government of deceiving and betraying job aspirants following the High Court’s intervention in cases concerning recruitment examinations and appointments.

In Ranchi, a large number of students gathered at Albert Chowk to burn the effigies. Police said a scuffle broke out when they tried to control the situation.

Ranchi DSP KV Raman said the protesters changed the designated route of their march and went towards the JPSC office, where traffic was brought to a halt.

According to Raman, police repeatedly asked the protesters to follow the designated route for the march and effigy burning, but the students did not comply.

Student leaders, however, alleged that police and JMM workers attempted to prevent them from holding a peaceful march.

“They cannot stop us from holding peaceful and democratic protests,” JPSC-JSSC Reforms Manch leader Ravindra Paswan said.

Another student leader, Piyush Kumar Singh, alleged that a core committee member of the Manch, Kunal, was detained by police. He claimed that Kunal fainted and was subsequently taken to Sadar Hospital.

The protesters also alleged that female participants were assaulted by JMM workers during the scuffle.

Why are Jharkhand students protesting?

The students had earlier called off their agitation after the Hemant Soren government decided to cancel JPSC examinations where irregularities had been alleged.

However, the Jharkhand High Court subsequently intervened in several matters related to the recruitment process.

On Friday, the court stayed notifications cancelling the appointments of Child Development Project Officers (CDPOs) and those recruited through the JSSC-CGL examination.

A day earlier, the court had stayed notifications cancelling the 11th and 13th JPSC examinations. It had also stayed the order cancelling the appointments of food safety officers.

The developments have renewed the students’ concerns over the government’s handling of recruitment-related cases.

JLKM announces recruitment reforms yatra

Meanwhile, JLKM leader Devendra Nath Mahto announced that his party would launch a ‘Recruitment System Reforms Yatra’ from August 24.

Mahto alleged that the Jharkhand government was not strongly defending cases concerning the cancellation of several recruitment examinations before the High Court.

He warned that if the government failed to effectively present its case before the Jharkhand High Court on September 15, when the matters are scheduled for hearing, they would plan to gherao the Chief Minister’s residence.

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