Aug. 1
IRAN:
IHR Provides Evidence Against Iranian Cyber Police's Denial of Death Sentence
to a Prisoner for his Cyber Activities
The chief of Isfahan Cyber Police denied Mohammad Hossein Maleki's death
sentence, which was reported previously by Iran Human Rights. The Police Chief
even denied Mr. Maleki's existence. In this regard, IHR publishes the documents
related to this prisoner and his death sentence.
On Friday, July 13, Iran Human Rights reported the death sentence of Mohammad
Hossein Maleki, the manager of Asre-Javan website and its Telegram channel, on
the charge of "corruption on earth".
Later, on Wednesday, July 18, Colonel Mustafa Mortazavi, the chief of Isfahan
Cyber Police, told Mashregh News that no death sentence had been issued for
that person and that he didn't even exist.
The report by Mashregh News states, "It was just a rumor because death
sentenced is not issued for developing illegal websites. This person doesn't
exist."
Nonetheless, Mohammad Hossein Maleki, 47, from Shahin Shahr in Isfahan, was
arrested by the agents of the Ministry of Intelligence on March 1, 2017 and is
kept at the general ward of Dastgerd Prison in Isfahan.
Mohammad Hossein Maleki was sentenced to death for "corruption on earth through
organized activities regarding the sale of CC-cam and several satellite
accounts" at Branch 2 of the Revolutionary Court of Isfahan.
Moreover, Alireza Yazdani, the prisoner's lawyer, told Iran Human Rights,
"Mohammad Hossein Maleki was held in a solitary confinement without the right
to meet his family and lawyer during the first 3 months of his arrest when he
was being interrogated."
IHR publishes the following documents to prove Maleki's existence and his death
sentence.
A part of Maleki's verdict mentions, "Considering the contents of the case
including the first report of the statements of the defendant during the
investigation and developing the website and different channels with financial
motives and claiming that the contents of the channels were not obscene but
vulgar and also considering the sale of CCcam with vulgar content to 850 people
which proves his extensive activity and also due to his connection with people
abroad...he is subject to Article 286 of the Islamic Penal Code and, therefore,
the court sentences him to death penalty."
(source: Iran Human Rights)
GHANA:
Court sentences 2 cousins to death
2 cousins, Kwame Dogyi and Obio Akwasi have been sentenced to death by hanging
by a Tamale High Court for murdering a pastor in cold blood last year. The
court presided over by Justice Edward Apenkwah, sentenced the 2 former students
of the Tamale Technical University, after a unanimous verdict by a jury.
They were charged with conspiracy to commit crime and murder.
The Daily Graphic reports that the court was earlier informed that Akwasi and
Dogyi murdered the 64-year old Pastor Ebenezer Ocran at his residence in cold
blood at Kumbuyili, near Tamale on November 9, 2017.
They took away his Toyota Highlander vehicle, which Dogyi gave to a sprayer for
rebranding.
They were therefore arrested upon tip off and committed to stand trial.
The sentencing of the 2 to death has therefore invoked the international treaty
Ghana has signed to expunge capital punishment, but until the President orders
their execution, they would be kept in maximum security prison.
(source: journalducameroun.com)
KENYA:
Report gives hope to death row inmates, those serving life terms
Prisoners on death row and those serving life sentences could be handed a
lifeline if recommendations by a task force are implemented.
More than 7,700 prisoners have been sentenced to die or are serving life
sentences.
The Task Force on Review of the Mandatory Nature of the Death Penalty has
recommended changes to the Penal Code, the Prisons Act and the Kenya Defence
Forces Act.
This could lead to reviewing of 838 death sentences, 6,938 life sentences and
the sentences of 2,747 inmates, whose death sentences were commuted to life
imprisonment in 2016.
The Supreme Court in December last year declared unconstitutional Section 204
of the Penal Code - that mandated capital punishment for anyone convicted of
murder, robbery with violence and attempted robbery with violence.
In a preliminary report released yesterday, the task force proposes all
prisoners sentenced to life apply for rehearing of their sentences.
The team was appointed in January to review the legislative framework on the
death penalty and recommend a guide to death sentencing. It was appointed by
then Attorney General Githu Muigai.
The sentence rehearing will only apply to the term but will not affect the
guilty verdict handed down by the initial judge or magistrate.
"The implication of this [Supreme Court's] decision on the retroactive nature
of the case is that all death sentences passed (including those commuted) are
essentially a nullity based solely on the unconstitutionality of the sentence
and all capital offenders should therefore undergo sentence rehearing," Joseph
Weke, a task force member, said. He chairs the subcommittee on sentencing
rehearing.
The team proposes an amendment to the Penal Code to give powers to the relevant
Cabinet secretary to develop resentencing regulations. A subcommittee should be
created within the National Council of the Administration of Justice to monitor
and facilitate the resentencing process.
Task force chairperson Maryann Kimani said, however, the Supreme Court did not
scrap the death penalty, but only outlawed its mandatory nature. "The judge or
magistrate can give death sentences depending on the circumstances and upon
consideration of the factors cited by the Supreme Court," she said during a
media briefing at the Sarova Stanley Hotel in Nairobi yesterday.
The team argued this applied to Miss Lang'ata Prison 2016 beauty pageant winner
Ruth Kamande who was sentenced to death on July 19 for killing her boyfriend.
Regarding life imprisonment, the task force recommends the introduction of
parole in suitable cases.
It wants a complete review of the statutory framework and revisions to the
Power of Mercy Advisory Committee Act, 2011, to include the function of parole.
Parole will depend on on several factors including the type of offence, risk of
the prisoner to the community and his or her personal circumstances.
(source: thestar-co.ke)
**************************
Let's abolish death penalty and join progressive world
The task force reviewing the death penalty has recommended amendment to the law
to abolish it. If adopted, 838 prisoners on death row will have their sentences
commuted to life sentences, among other changes.
The recommendations by the Task Force on the Review of the Mandatory Nature of
the Death Penalty will be celebrated by many abolitionists locally, who
classify execution as cruel and inhumane punishment.
Moreover, the Kenya Constitution prohibits inhumane treatment and torture,
which execution of human beings is.
It will be celebrated by Christians who believe life is a precious gift from
God, who alone can take it away. Any willful execution is abhorrent and
vengeful.
Kenya is among a minority of 58 countries that still have the death penalty in
their lawbooks, despite execution not having been carried out for long.
According to Amnesty International, 23 countries executed at least 993 convicts
in 2017, a drop of 1,032 in 2016, and 1,634 in 2015.
While it is believed that the existence of the death sentence is a deterrent to
egregious crimes - such as robbery with violence, rape, murder and treason -
there is no evidence in trends to support the position.
Rather, there is evidence that human beings are often contrite and remorseful
for their crimes after prolonged jail terms and can reform given another
chance.
It is now up to Parliament to decide.
(source: Editor, The Star)
EGYPT:
Egypt Responds to Trump's Lifting of Military Aid Ban by Sentencing 75
Anti-Coup Protesters to Death
Egypt on Saturday sentenced 75 people to death for taking part in a 2013 sit-in
protest against the military ouster of democratically elected president
Mohammed Morsi - a court decision that came days after the United States sent
"the wrong message to one of the most abusive governments in Egypt's recent
history" by restoring $195 million in military aid to the nation.
The dozens sentenced in Saturday's ruling are among 739 defendants, including
members of the now-banned Muslim Brotherhood and members of the press, the
government is targeting over their participating in the protest. The day became
known as the al-Rabaa Massacre, as security forces under the command of
now-President Abdul Fattah al-Sisi killed hundreds of people in a matter of
hours.
The lifting of the blocked military aid was announced last week, with the Trump
administration commending purported "steps Egypt has taken over the last year
in response to specific U.S. concerns." The administration had withheld aid
last year, citing "serious concerns regarding human rights and governance in
Egypt."
Rather than making any gains, however, Amr Magdi, Middle East and North Africa
researcher with Human Rights Watch, argues that the county is actually in the
midst of "intensifying crackdown on human rights by the Egyptian authorities."
As such, "The decision to release the funds despite a significant deterioration
in the rights situation in Egypt is both baffling and troubling."
One Egyptian American who was held as a political prisoner there for three
years called the release of aid a "step back for human rights."
Speaking to Middle East Eye, Aya Hijazi said, "This gives the military a green
light to continue the reign of suppression it is embarking on."
Still, the development was not seen as suprising - Egypt is the 2nd biggest
recipient of U.S. foreign aid after Israel. Moreover, President Donald Trump
has offered praise for Sisi on multiple occasions, including calling him "a
fantastic guy" who's done "a fantastic job."
Yet Trump is merely continuing "U.S. tradition by coddling Egypt's strongman,"
Washington Post reporter Ishaan Tharoor argues Monday.
Tharoor points to a recent article in the New York Times by David D.
Kirkpatrick, which argues that the Obama administration in fact paved the way
for Trump's embrace of dictators like Sisi, and notes that "some of the coup's
most vocal American advocates went on to top roles in the Trump administration,
including Secretary of Defense James Mattis and Michael Flynn, Mr. Trump's
first national security adviser."
He continued:
Mr. Obama and his closest advisers ... hoped to shift established American
policy and forge a new relationship with the Arab world in order to undermine
the appeals of anti-Western extremism. Even in the final days before the
takeover, Mr. Obama was urging respect for Egypt's free elections. In an
11th--hour phone call he implored Mr. Morsi to make "bold gestures" to hold
onto his office.
Most of his government, though, took the other side, reflecting longstanding
worries about the intrinsic danger of political Islam and about the obstacles
to Egyptian democracy.
In a White House meeting the day after Mr. Morsi's ouster - 2 days after that
last phone call - Mr. Obama yielded to those views when he accepted the
military takeover. In doing so, he had taken a first step toward the policies
that have become the overriding principles of the Trump administration.
Other observers say the way was paved far before Obama took office.
"The U.S. has looked forward to working with every single Egyptian regime to
date," Sherif Gaber, member of the Mosireen Independent Media Collective in
Cairo, previously told Common Dreams. "It's no secret that America's greatest
interest for Egypt is a stable partner to maintain status quo relations
favoring U.S. policy in the region, regardless of whether that was Mubarak,
Morsi, or now Sisi."
(source: commondreams.org)
MALAYSIA:
DPM: Malaysia needs to 'look into capital punishment' before requesting to
extradite Sirul
Malaysia needs to look into its capital punishment laws, before making an
application to extradite, Sirul Azhar Umar who is being detained in Australia.
Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail said this to
reporters at the parliament lobby, here, today.
She said the government has not "specifically discussed about Sirul's case at
this moment".
Australia's Foreign Affairs Minister Julie Bishop who is on a working visit
here, said today that there has been no application for extradition of
convicted killer and former policeman Sirul Azhar from Malaysia.
Bishop reiterated that before Australia received any application from the
Malaysian government, it was inappropriate for her to speculate.
Bishop further said further discussion needed to be held on Malaysia's
intention to consider the abolishment of the death penalty.
"This is a position that Australia has held for some time... we oppose the
death penalty both at home and abroad, in fact we advocate strongly for the
abolishment of the death penalty.
"We are on the United Nations' human rights council now and the abolishment of
death penalty is one of the pillars of their advocacy.
"Sirul is currently being held at the Australia Immigration Detention. As the
Prime Minister Tun Dr Mahathir Mohamad said recently, Malaysia has not made any
extradition application.
"It would be inappropriate for me to speculate until such time as Malaysia
makes an application for extradition under existing treaty between the 2
countries," she said during a press conference after paying Wan Azizah a
courtesy visit at the Parliament building this morning.
(source: New Straits Times)
CHINA:
Father gets death for killing doctor after newborn daughter dies
A father from Shandong province whose newborn daughter died in a hospital has
been sentenced to death for killing the doctor who treated her.
Chen Jianli, 30, was convicted of the intentional homicide of pediatrician Li
Baohua at Laiwu Intermediate People's Court.
"He stabbed the doctor to vent his anger in a public place and used cruel means
to kill innocent medical personnel, resulting in great harm to people's
personal safety and a negative social impact. We have given him the death
penalty," the court said in a statement on Sunday.
The killer has also been deprived of his political rights, it added.
Chen's daughter was born in a hospital in Laiwu in February 2016. The baby
developed a fever the next day and was transferred to the pediatric ward for
treatment, but she died, the court said.
Prosecutors said the father blamed Li and the hospital for the death, and he
sought compensation from both on numerous occasions. When he failed, he decided
to get revenge, the court said.
One morning in October 2016, Chen rode a motorcycle to the hospital. On the way
he stopped to buy a machete, which he hid in his green canvas bag. Once at the
hospital, he went directly to the pediatric ward on the 5th floor and found Li
in a break room.
He questioned Li about his daughter's death and the compensation issue. When
the doctor did not reply, Chen took out the machete and struck Li in the head
as the doctor was answering a phone call.
Li died at the scene, and Chen was detained by police in the hospital.
In recent days, a number of violent attacks on doctors have occurred across the
country, attracting attention from the public and media.
Judicial authorities say they have ramped up efforts to punish assailants and
have taken a zero-tolerance attitude toward such crimes.
Last week, the Supreme People's Court held a meeting about judicial reform in
which it was decided that people who violently target medical personnel, or who
are involved in activities that endanger food or drug safety, will be severely
punished.
"In China, lots of patients face difficulties in seeing doctors and paying
medical fees," said Li Wei, a lawyer with the Beijing Lawyers Association.
"Patients and doctors don't have enough trust in each other, which contributes
to the high incidence of violence targeting medical personnel.
"Authorities should adopt comprehensive measures and take the time needed to
solve the problem thoroughly," she said.
(source: asiaone.com)
INDIA:
Government to soon introduce bill proposing death penalty for mob lynching
The Union Government will soon bring a bill proposing death penalty for those
guilty of the crime of lynching.
The information was shared by Union Minister of State for Home Hansraj Ahir
when a delegation of the Nathjogi community called on him in Yavatmal,
Maharashtra.
Speaking on the act of lynching, the Ahir stated that lynching is a barbaric
crime and no civilised society can accept it. The minister's remarks came
against the backdrop of a wave of incidents of mob violence over cow smuggling
and child lifting being reported from various parts of the country.
The proposed bill is expected to be on the lines of a legislation seeking
capital punishment to those convicted of raping girls below the age of 12
years.
Background
As per reports, over 69 people have been killed across India in incidents of
mob violence.
The reasons for such a heinous crime have been reported to be different in
different cases.
In most cases, people were made victims of lynching on mere suspicion of being
robbers, cattle slaughterers and child lifters.
5 members of the Nathjogi community, a Nomadic Tribe (NT), from Solapur
district were allegedly lynched by a mob in Dhule district in north Maharashtra
on suspicion of being 'child lifters' earlier this month.
(source: jagranjosh,com)
******************************
Man gets death, another life imprisonment for raping, killing 58-year-old
teacher
A fast track court on Wednesday awarded death penalty and life imprisonment
respectively, to 2 persons accused in rape and murder of a 58-year-old teacher
at Jamunamukh area in Hojai district of central Assam.
The investigation into the sensational rape and murder case was monitored by
the PMO.
The Court of Additional District and Session Judge in Hojai awarded death
penalty to accused Mainul Hoque after pronouncing him guilty under Sections
302, 276 (A) and 201 of the IPC while another accused Selimuddin was sentenced
to life imprisonment sans any provision for parole after the court held him
guilty under Sections 302 and 201 of the IPC. The court also imposed a fine of
Rs 20,000 each on the 2 accused.
The 58-year-old teacher was accosted and murdered by the 2 accused on May 31,
2017 when she was returning home after taking classes in the Lower Primary
School where she had been working for years. Her body was thrown into the
Kopili river by the accused.
A case was registered at Jamunamukh police station in this regard even as the
gruesome crime created mass protests all over the state.
Assam Police at the instance of the state Chief Minister Sarbananda Sonowal had
sent a high-level team from police headquarters to help the investigating team
on the ground while a team of CID also helped in the investigation. The PMO
later called for a written report about the progress of investigation in the
case.
Investigating officer Abhisek Bodo filed the chargesheet before the fast track
court within 90 days and the trial began in October 2017.
(source: tribuneindia.com)
**************************
LS takes up bill to provide death penalty to child rape convicts
A crucial bill seeking to provide death penalty to those convicted of raping
girls below the age of 12 years was taken up for discussion by the Lok Sabha on
Monday.
The bill seeks to replace the Criminal Law (Amendment) Ordinance promulgated on
April 21, following an outcry over the rape and murder of a minor girl in
Kathua in Jammu and Kashmir and the rape of another woman at Unnao in Uttar
Pradesh.
Although the Criminal Law (Amendment) Bill 2018 was welcomed by most members,
some in the Opposition objected to the government adopting the ordinance route
to enact the law.
Moving the bill for consideration and passage, Minister of State for Home Kiren
Rijiju said the stringent law was aimed at providing safety to minor girls.
The recent incidents of rape and gangrape of women below the age of 12 years
has shaken the conscience of the entire nation, he said.
Therefore, the offences of rape and gangrape of women under the age of 12-16
year require effective deterrence through legal provisions of more stringent
punishment, he said.
The bill stipulates stringent punishment for perpetrators of rape, particularly
of girls below 12 years. Death sentence has been provided for rapists of girls
under 12 years.
The minimum punishment in cases of rape of women has been increased from
rigorous imprisonment of 7 years to 10 years, extendable to life imprisonment.
According to the bill, in case of rape of a girl under 16 years, the minimum
punishment has been increased from 10 to 20 years, extendable to imprisonment
for rest of life, which means jail term till the convict's "natural life".
The punishment for gangrape of a girl below 16 years will invariably be
imprisonment for the rest of life of the convict. Stringent punishment for rape
of a girl under 12 years has been provided with the minimum jail term being 20
years which may go up to life in prison or death sentence. Gangrape of a girl
under 12 years of age will invite punishment of jail term for the rest of life
or death.
The measure also provides for speedy investigations and trial. The time limit
for investigation of all cases of rape has been prescribed, which has to be
mandatorily completed within 2 months.
The deadline for the completion of trial in all rape cases will be 2 months. A
6-month time limit for the disposal of appeals in rape cases has also been
prescribed, the bill says, adding that there will also be no provision for
anticipatory bail for a person accused of rape or gangrape of a girl under 16
years.
It has also been prescribed that a court has to give notice of 15 days to a
public prosecutor and the representative of the victim before deciding on bail
applications in case of rape of a girl under 16 years of age.
Participating in the debate, BJP member Kirron Kher said the bill was
"well-timed" and provides hope for safer future for women. She said the
opposition should not selectively highlight the case of child rape but speak
about how to deal with the henious crime.
She was referring to the issue of Kathua rape case which was raised by N K
Premachandran (RSP) who had moved a statutory resolution to disapprove the
ordinance promulgated by the President on April 21 this year.
Premachandran said it was apalling that a minor girl was gangraped in a temple
and brutally murdered thereafter. Kher said the bill deals with the current
reality and lesser than death penalty in case of rape of minor girl cannot be
justified.
(source: The Shillong Times)
***********************
Report: Amendment in POCSO Act with emphasis to Death Penalty
INTRODUCTION:
Sexual abuses on children are a big dealt stain on society's face at large as
it shook the human consciousness of the society and has caused obstruction in
the normal and healthy growth of children. It leads to grave physical and
psychological effects on the body and mind of a child and dismantles the normal
growth of a child. It does not leave only physical injuries on the body but
also leaves an everlasting scar on the child's mind at a very tender age. POCSO
ACT has been birthed out of the very need to enact a specific legislation to
tackle with the increasing sexual abuse against children in form of abuses like
rape, pornography, various forms of penetration and crimiiliazes acts of
immodesty against children too.
Child Sex Abuse is considered as the most heinous crime which can be done to a
child as the offender of these crimes knows that the forced sex which they are
doing with the child is by leashing child's vulnerability and trust and is
exposing to child under grave trauma which is not just a physical attack on its
body and private parts but also disturbing a child's mind so blatantly that it
can take a lifetime for the child to feel normal ever after that abuse.
Before stepping into any discussion with the related topic, we need to know
that what is the meaning of "Death Penalty"? Moreover, what the object behind
the introduction of POCSO Act, in the Indian Judiciary?
Death penalty refers to the Death punishment that is given by the court for the
rare offences like Sedition, waging war against the state, Gang rape and other
heinous crime. It is also known as Capital punishment. The sentence by which
someone can be punished is referred to as a death sentence, whereas the act of
carrying out the sentence is known as an execution. 56 countries have still
retained capital punishment, 103 countries have completely abolished it de jure
for all crimes, 6 have abolished it for ordinary crimes (while maintaining it
for special circumstances such as war crimes), and 30 countries abolition are
still withheld.
Now Days this question is very controversial in nature, that whether Death
penalty should be abolished or not and I am totally in favor of the
decriminalization of death penalty and thus I would likely to justify my point:
As it was said by Mahatma Gandhi that - An eye for an eye will make the whole
world is blind? Now time has come to adopt the reformative theory of punishment
because Criminal is not criminal by birth but rather Situation made them harsh
criminal. So, again in a statement Mahatma Gandhi said "Hate the crime, not the
criminal" but in such situation of heinous crimes always it is not possible
that people will not hate the criminal who have devastated one's life into pain
and agony. So, this 2 statements are contradictory.
The reason behind the decriminalization of death penalty is that it is
prohibited in 103 countries of the world and it is not necessary that criminal
commits a crime again they can be reform and our Article 21 is also saying that
everyone has right to live and personal liberty. Thus, in conclusion I would
likely to say that in our Country, Retributive theory of punishment has failed
to stopped rather control the crime and through Death penalty the criminal can
be killed but not his ideology so now the society needs to accept that
reformative theory of punishment should be adopted or in my opinion the way of
punishment should be made much harsher so that any hardbound criminal thinks
twice before committing any such heinous crimes. The Montgomery Story, said,
"Violence as a way of achieving racial justice is both impractical and
immoral... it seeks to annihilate rather than convert."
Some are the following actions which are considered as Child Sexual Abuse:
(According to a report by WHO)
Fondling a child's genitals
Making the child fondle the adult's genitals
Intercourse, incest, rape, sodomy, exhibitionism and sexual exploitation
Inducement or coercion of child in unlawful activity.
The exploitative use of child in prostitution or other unlawful sexual
practices
The exploitative use of children in pornographic performances and materials.
The effects of child sexual abuse can include:
Depression
Post-traumatic stress disorder
Anxiety
low self esteem
propensity to further victimization in adulthood
physical injury to child
Psychological trauma
Loss of confidence
Humiliation
Behavioral changes
Suicidal tendency
POCSO ACT mandates the state parties to the Convention on the Rights of the
Child are required to undertake all appropriate national, bilateral and
multilateral measures to prevent -
The inducement or coercion of a child to engage in any unlawful sexual
activity;
The exploitative use of children in prostitution or other unlawful sexual
practices;
The exploitative use of children in pornographic performances and materials;
THE STATISTICS OVERVIEW BY SAVE THE CHILD ORGANISATION BIG PICTURE OF POCSO ACT
ACROSS INDIA
As per the data collected by Save the Children, India it has shown that
recently, the new child protection legislation like the Protection of Children
Against Sexual Offences Act (2012) has given more teeth to fighting child
rights violation. The number of cases registered for child abuse raised from
8,904 in the year 2014 to 14,913 in the year 2015, under the POSCO Act. Sexual
offences and kidnapping account for 81% of the crimes against the minor as
preventive measures designed to ward off strangers (installing CCTV cameras and
providing self-defense training) will be ineffective, as children do not know
how to ward off unwanted sexual advances from their known relatives,
acquaintances or workplace seniors they trust.
POSCO - State wise cases -
Uttar Pradesh led the highest number of child abuse cases (3,078)
Madhya Pradesh (1,687 cases)
Tamil Nadu (1,544 cases)
Karnataka (1,480 cases)
Gujarat(1,416cases).
Moreover, the act has raised the age of consent from 16 to 18 years without
considering scientific evidence on adolescent sexuality. Children involved in
sexual activity will be treated as juveniles in conflict with the law. In cases
of consensual sexual relationships between those in the age group of 16 and 18
years, how can we distinguish between the victim and the perpetrator. In an
enormous 83% of the cases parents were the abusers. Sadly, approximately 48% of
the girls wished they were boys.
Across the country, going by the latest report of the National Crime Records
Bureau (NCRB), the incidence of crime against children rose by 13.6 % in 2016
compared with the previous year.
Uttar Pradesh led the list with as many as 4,954 complaints, followed by
Maharashtra (4,815) and Madhya Pradesh (4,717).
In Bengal, however, the commission for protection of child rights had recorded
only 34 cases last year.
As reported by National Crime Records Bureau (NCRB), the details of incidences
of child sexual abuse in the country are as under:
Cases 2014 2015
Cases registered under child rape (section 376 IPC) 13766 10854
Cases registered under Assault on Women (girl children) with intent to outrage
her modesty (section 354 IPC) 11335 8390
Cases registered under Insult to the Modesty of Women (girl children) (section
509 IPC) 444 348
Cases registered under Protection of Children from Sexual Offences Act, 2012
8904 14913
Under Rule 7 of the Protection of Children from Sexual Offences (POCSO) Rules,
2012, grant of compensation to the victim is required to be made under the
victim compensation scheme by the State/UT Government as ordered by the Special
Courts within 30 days of receipt of such order.
State/UT-wise cases registrered, persons arrested, persons whose trials
completed during the year and person convicted under the Protection of Children
from Sexual Offences Act, 2012 during 2014-2015
Year 2014 2015 Category Cases Registered Persons Arrested Persons whose trial
completed during the year Persons Convicted Cases Registered Persons Arrested
Persons whose trial completed during the year Persons Convicted TOTAL (ALL
INDIA) 8904 11172 548 109 14913 18651 2501 1072
[Source: Crime in India Note: Persons disposed may include previous year
persons under trial]
Implementation of The POCSO Act, 2012
The effectiveness of a law depends largely on the people responsible for its
implementation and application. State governments will have to ensure that all
the requirements specified under the law are in place and all key stakeholders
will have to internalize the core principles of child rights in order for the
law to work.
HISTORICAL BACKGROUND:
Reasons for Enactment of POCSO Act, 2012
The very inadequacy of Indian Penal Code and absence of any stringent
legislation for effectively addressing and tackling heinous crimes such as
sexual exploitation and sexual abuse of children birthed the commencement of
POCSO ACT as the very intention of Government establishments was to protect the
children from offences of sexual assault, sexual harassment and pornography and
to facilitate adequate legal machinery by establishing special courts for trial
of such offences and matters incidental connected with child sexual abuse
crimes. This was in due compliance of Article 15 of Constitution of India which
mandates the states to protect the children of this nation and in lieu of
United Nations Conventions on the Rights of the Child which prescribes the set
of standards to be followed by state parties in securing the best interest of
the child.
What is POCSO Act? Here is all we need to know about the following Act:
POCSO or The Protection of Children from Sexual Offences Act (POCSO Act) 2012
was established to protect the children against offences like sexual abuse,
sexual harassment and pornography. It was formed to provide a child-friendly
and safe system for trial beneath which the perpetrators could be punished.
This Act defines a child as any person below 18 years of age. It also makes
provisions for avoiding the re-victimization of the child at the hands of the
judicial system. Many issues including stigma, family and societal pressure,
financial constraints and an insensitive criminal justice system need to be
resolved for victims to come forward more and for their rapists to face
punishment for their crimes.
In order to effectively give punishment for the heinous crimes relating to
sexual abuse and sexual exploitation of children through less ambiguous and
more rigorous legal provisions, the Ministry of Women and Child Development
developed the idea for the introduction of the Protection of Children from
Sexual Offences (POCSO) Act, 2012. Protection of Children from Sexual Offences
Act, 2012 has received the President's assent on June 19, 2012. It was notified
in the Gazette of India on June 20, in the same year.
The Act defines different forms of sexual abuse which includes penetrative and
non-penetrative assault or actions committed towards a child. It also involves
sexual harassment, pornography and other such heinous crimes. Under certain
specific circumstances POCSO states a sexual assault is to be considered
"aggravated if the abused child is mentally ill or when the abuse is committed
by a member of the armed forces or security forces or a public servant or a
person in a position of trust or authority of the child, like a family member,
police officer, teacher, or doctor or a person-management or staff of a
hospital - whether Government or private". People who traffic children for
sexual purposes are also punishable under the provisions relating to abetment
in the Act. The Act prescribes strict punishment graded as per the weightage or
seriousness of the offence, depending on the situation with a maximum term of
rigorous imprisonment for life, along with fine.
IMPORTANT RELATED STATUTES/LAWS:
This Act after its commencement, out of all statutes made some of it way more
important and a mandate to be followed. This Act makes it a legal duty of a
person, who is aware about the offence immediately without any delay to report
the sexual abuse. In case he fails to do so, the person can be punished with 6
months' imprisonment or fine. The Act further denotes that the evidence
relating to the child or provided by the child should be recorded within a
period of 30 days. The Special Court taking cognizance of the matter should be
able to complete the trial within the period of 1 year from the date of taking
cognizance of the abuse. It provides that the Special Court proceedings should
be recorded in camera (maintaining privacy keeping in mind the safety and honor
of the victim child) and the trial should take place in the presence of
parent's or any other person in whom the child has trust or confidence.
Moreover, the Act provides for punishment against false complaints or untrue
information. It describes strict action against the offender according to the
gravity of the offence. It prescribes rigorous imprisonment for a term which
shall not be less than 10 years but which may extend to imprisonment for life
and also fine as punishment for aggravated penetrative sexual assault. It also
prescribes punishment to the people who traffic children for sexual purposes.
Child sex abuse crimes before the enactment of POCSO Act were dealt under
Indian Penal code. Child Sexual abuses were prosecuted under Indian Penal Code
under following sections
P.C (1860) - Sec 375 Rape
P.C (1860) - Sec 354 Outraging the modesty of women
P.C (1860) - Sec 377 Unnatural Offences
The I.P.C. was not adequate enough to protect the children and criminalize non-
conventional sexual abuses which are different from above mentioned
conventional crimes in form of child trafficking, pornography, sale of
children. There were several loopholes in the IPC which could not effectively
protect the child due to various loopholes like:
IPC 375 doesn't protect male victims or anyone from sexual acts of penetration
other than "traditional" peno -vaginal intercourse.
IPC 354 lacks a statutory definition of "modesty". It carries a weak penalty
and is a compoundable offence. Further, it does not protect the "modesty" of a
male child.
In IPC 377, the term "unnatural offences" is not defined. It only applies to
victims penetrated by their attacker's sex act, and is not designed to
criminalize sexual abuse of children.
Here are some important statutes relating the Act:
Section 3 of this act, explains Penetrative Sexual Assault. Elaborating in
detail, if any person inserts anything in the Private part of a child or ask
him/her to do so then it's a crime.
Section 4 of POCSO Act explains Punishment for penetrative sexual assault -
Whoever commits penetrative sexual assault shall be punished with imprisonment
of either description for a term which shall not be less than 7 years but which
may extent to imprisonment for life, and shall also be liable to fine or both.
Section 6 of POCSO act explains Punishment for aggravated penetrative sexual
assault - Whoever, commits aggravated penetrative sexual assault, shall be
punished with rigorous imprisonment for a term which shall not be less than 10
years but which may extend to imprisonment for life and shall also be liable to
fine or both.
Section 7 of POCSO Act explains Sexual Assault - Whoever, with sexual intent
touches the vagina, penis, anus or breast of the child or makes the child touch
the vagina, penis, anus or breast of such person or any other person, or does
any other act with sexual intent which involves physical contact without
penetration is said to commit sexual assault."
Section 8 of POCSO Act explains Punishment for sexual assault - Whoever,
commits sexual assault, shall be punished with imprisonment of either
description for a term which shall not be less than 3 years but which may
extent to 5 years, and shall also be liable to fine or both.
In a relatively recent case reported from a Kanpur village, a 10 year old boy
was hospitalised after a minor girl tried to have forceful sexual activity with
him. The incident took place in Kulhauli village of Bidhnu area when the 16
year old girl sweet-talked the boy from her neighbourhood into her house and
tried to have sex with him. In the attempt, the boy sustained serious injuries
in his private parts and started to bleed. While the boy was undergoing
treatment at the Hallet hospital in Kanpur, police said they were perplexed as
to under which legal provision shall the case be lodged. "Both the victim and
the aggressor are minors, in this case and as a result lodging complaint has
become difficult", said SSP Kanpur Shalabh Mathur. Legal experts said that a
case can be lodged under Section 8 of POCSO.
Section 11 of POCSO Act, deals with the Sexual Harassment. This section
considers the following crimes:
If a Person touches a child with a wrong intent,
If a person shows the child a pornography.
The Convict found under this section have a sentence of imprisonment up to 3
years.
Now, The Central Cabinet Approves the execution of rape convicts who rape the
Girl below 12 Year of Age.
LANDMARK JUDGEMENTS AND CASES:
The Union cabinet has passed an ordinance to amend several provisions of the
Indian Penal Code, POCSO (Protection of Children from Sexual Offences) Act,
Code of Criminal Procedure (CrPC) and Indian Evidence Act. This includes an
amendment for death penalty for rape of children below 12 years. The
announcement appears to follow a predictable pattern - when the government is
on the back foot, announce 'death penalty' to appease the public. However, such
a statement is a mere eye-wash for the government's apathy in addressing core
concerns of rape victims and the deplorable condition of the Special POCSO
Courts in the country.
Union Minister for Women and Child Development Maneka Gandhi, Delhi Commission
for Women (DCW) chief Swati Mahiwal and others who are taking cognizance for
death penalty conveniently fail to acknowledge that the courts are already
empowered to award death penalty to the accused in a gruesome rape and murder
case, as it would fall within the 'rarest of rare' category. Even in the Delhi
Gang Rape case, the accused were awarded death penalty under the then existing
provisions of the Indian Penal Code, and not under the amended statute.
Such as there are some current cases that recently shook the country. As, it
rightly said by the famous renowned Noble Laureate Kailash Satyarthi, that the
child rape cases have become a National Emergency.
The Kathua Rape Case (Jammu and Kashmir): -
The Kathua rape case refers to the abduction, rape, and murder of an 8-year-old
girl, Asifa Bano, in Rasana village near Kathua in the Indian state of Jammu
and Kashmir in January 2018. A chargesheet for the case has been filed, the
accused have been arrested and the trial began in Kathua on 16 April 2018.The
victim belonged to the nomad Bakarwal community. She disappeared for a week
before her dead body was discovered by the villagers a kilometer away from the
village. The incident made national news when charges were filed against 8 men
in April 2018. The arrests of the accused led to protests by the Panthers
Party, along with other local groups. One of the protests, in support of the
accused, was attended by two ministers from the Bharatiya Janata Party, both of
whom have now resigned. The rape and murder, as well as the support the accused
received, sparked widespread outrage.
The trial for the Kathua murder and rape case began in Jammu and Kashmir on 16
April 2018 before the Principal Sessions Court judge, Kathua. The second
hearing is scheduled for 28 April 2018. The Supreme Court have sought a
response from the Jammu and Kashmir government regarding shifting the trial to
Chandigarh by 27 April 2018. A demand by Bhim Singh, leader of the Panthers
Party, for an independent inquiry by the CBI was heard and denied by the
Supreme Court of India. The Unnao Rape Case (Uttar Pradesh): -
Facts
The Unnao rape case refers to the alleged rape of a 17 year old girl on 4 June
2017. The main accused is Kuldeep Singh Sengar, a Member of the Legislative
Assembly of Uttar Pradesh, and a member of the Bharatiya Janata Party. The case
is being investigated by the Central Bureau of Investigation. The rape survivor
attempted to immolate herself in front of the residence of Yogi Adityanath, the
Chief Minister of Uttar Pradesh, on 8 April 2018. Her father died in judicial
custody shortly afterwards. These incidents led to the rape being widely
reported in the national media. The Unnao rape case and the Kathua rape case
received national attention during the same period, leading to joint protests
seeking justice for both victims.
Arrests
Joint protests for the Unnao rape case and Kathua rape case at Parliament
Street, New Delhi on 15 April 2018.
On 13 April 2018, Kul deep Sen agar was taken in by the CBI for questioning.
Later in the day, on the basis of Allahabad High Court order, he was arrested
and new First Information Reports (FIRs) were registered and sent for a week in
judicial custody. A 2nd arrest in the case was made on 14 April 2018 of Shashi
Singh who allegedly took the survivor to the BJP MLA on the same day as the
incident.
Protests
The incident made headlines in India in April 2018. The Kathua rape case made
headlines during the same period, when charges were filed against the accused;
the Kathua rape had occurred in January 2018.Joint protests were held across
India demanding justice for both victims. The Prime Minister of India, Narendra
Modi, issued a statement condemning the incidents, and stated that justice
would take its course.
The Surat Rape Case: -
3 persons, including the main perpetrator, was involved in the rape and murder
of a 9-year-old girl in Surat have been arrested, which was so very horrifying
the Gujarat government said on Friday. Minister of State for Home Pradeep Singh
Jadeja told the media here that Gujarat Police arrested the key perpetrator
from a village in Ganganagar district of Rajasthan, who will be brought to
Gujarat. Earlier in the day, chief minister Vijay Rupani said that Surat Police
had arrested 3 persons in the case. All accused are believed to be originally
from Rajasthan. Police had found the body of the girl with over 86 injuries
dumped in the bushes near Jeeav Road in Pandesara area of Surat on April 6. An
autopsy revealed that she was brutally raped and tortured for days before her
murder.
This case of rape was registered under the Protection of Children from Sexual
Offences Act. The Minister said that over 400 personnel of Surat police and
Ahmedabad Crime Branch worked on the case. Police analysed the mobile data and
CCTV footage from a 3-km radius of the spot from where the body was found. The
case was finally cracked after police zeroed in on CCTV footage of a black car
moving suspiciously in the area. Earlier, police suspected that the girl hailed
from either Odisha, West Bengal or Jharkhand. An Andhra Pradesh man had come
forward to claim the girl was his daughter. Surat police even carried out a DNA
test to verify his claim. "On April 9, a woman's decomposed body was found
lying a few km from the spot where the girl was found dead. We believe she is
the girl's mother. We will carry out a DNA test," as said by Jadeja.
But more problematic is the categorization of minors as 'under 12' and 'over
12'. By this the ministry seems to be endorsing the prejudicial view that
children above 12 are likely to file false cases. Do girls above 12 years face
less physical injury, mental trauma, social stigma and other consequences of
rape? In our experience of providing socio-legal support to victims of sexual
violence, it has become evident that the police, prosecutors, judges, media and
general public are less trusting of adolescent girls - that they lie, indulge
in consensual sex and file false cases. The categorization is based on a flawed
notion of 'consent' and 'agency'. Just by taking up some 1 or 2 cases our
society judge or provide so easily a character certificate to a girl child that
they will file fraud cases against themselves as once it was happened in the
Mathura case where the girl who was involved in the consensual rape, just by
taking into consent of that case one can't define the symbolism of a girl that
too who is a minor.
RTI Filing & Revert received: -
On April 28, a minor girl was reportedly molested by an Assistant Sub Inspector
in an elevator in Kochi and a case was registered under the Prevention of
Children from Sexual Offences (POCSO) Act. However, the accused was only
arrested 3 weeks later, on May 21.
On May 13, another police official in Malappuram was suspended for failing to
act promptly in a case of child abuse when a 60-year-old man sitting in a
theatre was accused of sexually abusing a minor girl. The incident happened on
April 18, and the people working in the theatre handed over the footage to the
District Child line officials a day later, who immediately informed the police.
However, the case was taken up only after a television channel aired the CCTV
visuals.
The 2 recent incidents reveal how cases of child abuse are not taken seriously
enough in Kerala.
An RTI filed by Advocate DB Binu revealed that 2,266 complaints related to
child rights violations are left unresolved in the state between March 2013 and
March 2018, as there was less attention paid to those cases which are being
filed and left unresolved.
A breakdown of the numbers also shows that the pending cases are increasing
every year.
Four cases pending in 2014-15,
In 2015-16, the number hiked to 56,
In 2016-17, its shot up to 758
In 2017-18, the number of cases pending is 1,448.
The RTI further revealed that out of the 7,484 cases registered in the
Commission since its formation, only 5,128 have been resolved. Thus,
Thiruvananthapuram, the state capital, tops the list with 1677 cases registered
and 540 cases left unresolved. Meanwhile there are 248 cases left unresolved in
Kollam district and 171 in Ernakulum district.
Binu alleged that the Commission is not functioning properly and that the
Governor should intervene immediately. "The Commission's acting chairman is
drawing a salary of around Rs 1,77,000. And the other 4 members are drawing
salary ranging between Rs 1,25,000 and Rs 1,77,000. This is a white elephant
for the state," Binu said.
The Commission's Acting Chairman, too, admitted that the number of cases of
child abuse were high. "We are getting more such complaints from
Thiruvananthapuram, Kozhikode, Kollam and Malappuram because people there are
more aware about children's rights and come forward with complaints," CJ
Antony, the Acting Commission Chairman, was quoted as saying.
Research conducted on this Issue: -
The Delhi High Court on Monday questioned why the ordinance on amending the
Protection of Children from Sexual Offences (Pocso) Act, to provide for death
penalty to those convicted of raping a child up to 12 years old, was cleared
without conducting any research on the issue. The observation by a bench of
Acting Chief Justice Gita Mittal and Justice C. Hari Shankar came while dealing
with a plea seeking to strike down the amendments made in the rape law post the
December 16, 2012 Delhi gang rape incident here as they are "being abused".
Asking if any study or research was conducted while clearing the ordinance on
POCSO, the court observed that it seemed to come after people started demanding
strict punishment against the rapists of minors. It said that the ordinance is
also silent on granting welfare to the rape victims and does not deal with
issues related to educating and sensitizing youth and juveniles on sexual
offences against women, especially minors.
On Sunday President Ram Nath Kovind approved an ordinance to provide death
penalty for those convicted of raping girls younger than 12 years besides
clearing another ordinance to confiscate property of fugitive economic
offenders. The President promulgated The Criminal Law (Amendment) Ordinance,
2018, approved by the Cabinet on Saturday, that seeks to provide effective
deterrence against rape and instill a sense of security among women,
particularly young girls. The ordinance amends the Indian Penal Code, the
Indian Evidence Act, the Code of Criminal Procedure and the Protection of
Children from Sexual Offences Act.
The ordinance comes against the backdrop of the rape and murder of an
8-year-old girl in Kathua in Jammu and Kashmir, the rape of a teenager in Unnao
in Uttar Pradesh and similar crimes in other parts of the country. The court,
hearing a plea filed by academician Madhu Purnima Kishwar, listed the matter
for September. Kishwar's plea has sought striking down of some of the
provisions of the Criminal Law (Amendment) Act, 2013, which provides for
amendments to the Indian Penal Code, Indian Evidence Act and Code of Criminal
Procedure on laws related to sexual offences.
After the gang rape of a 23-year-old woman on December 16, 2012, a committee
under the chairmanship of a retired Supreme Court judge was constituted to
suggest amendments to the criminal law to sternly deal with sexual assault
cases.
Will death penalty anyhow change the deep rooted patriarchal acceptance that
the man of the family has complete sexual access to the bodies of women in this
house whom he financially supports, whereas an outsider must be sentenced to
death for committing the same act, since that is 'worse than death'? this
question just hovers around a person mind that whether death penalty can sort
out the seed of crime which is being sown by the perpetrators of the society.
The POCSO Act already provides for appointment of special courts and special
public prosecutors. According to the proposed ordinance, new fast track courts
are to be set-up. Where are these sensitive and efficient judges and public
prosecutors going to suddenly appear from? It has been more than 5 years since
the enactment of the POCSO Act, but most special courts do not even have a
basic screen between the victim and the accused, waiting area, separate
entrance and other basic infrastructural requirements for recording the
evidence of a victim. But one thing that is been done good after the enactment
has been made is that the proposed ordinance also reduces time limits for
investigation and trial without providing any concrete institutional support.
Moreover, there has been substantial change after the amendment of this act, as
there has been increase in reporting of the cases that is been noticed, and it
is expected that immediate action is to be taken by the courts for the speedy
disposal.
Thus, lack of faith in the justice system, family and societal and other peer
pressure, financial constraints and an insensitive criminal justice system are
some of the hurdles faced by victims while reporting. It is being assumed that
Death penalty will be an added burden.
Finally, according to the Death Penalty Research Project by National Law
University, Delhi, 24.5% of prisoners on death row are Dalits and Adivasis and
20.7% are from religious minorities. This leads us to the question - who will
our courts actually award the death sentence to? More likely to the poor and
marginalized youth from Dalit, adivasi and Muslim communities, who are already
the backward section of the society. But are we really doing good by awarding
death penalty to the accused, will it really wipe out the whole of the junk
from the society or is it the problem mainly with the mindset of the people
that is to be changed from the inner core, these question will always be left
unanswered if there is no security provided for the future generation....
"CHILD". REFERENCES: -
https://timesofindia.indiatimes.com/india/temple-at-centre-of-tragedy-no-one-coming-to-mandir-for-days-now/articleshow/63753432.cms
https://economictimes.indiatimes.com/news/politics-and-nation/kathua-case-charges-of-rape-and-murder-framed-against-7-accused/articleshow/64497229.cms
https://thehindu.sexualharrasmentcase
Outlook magazine
Indian penal code, 1860 Bare act
POCSO Act, 2012 Bare act
(source: About Author: Soumyadipa Banik prepared this research report during
her internship with Legal Desire. She is final year student of law at Calcutta
University as on July 2018----legaldesire.com)
IRAQ:
Iraqis from same family risk death penalty over Daesh killings
8 Iraqis from the same family risk being sentenced to death after admitting to
involvement in killing 370 people while members of Daesh (ISIS), the judiciary
said Wednesday.
The men face charges under Iraq's anti-terror legislation over the killings at
Khasfah, a sinkhole in northern Iraq just 8 kilometers from Mosul, the former
capital of Daesh's self-declared "caliphate".
"The 8 terrorists arrested have admitted to participating in the Khasfah
massacre," said Supreme Judicial Council spokesman Abdel-Sattar Bayraqdar.
"They participated in the execution of 370 civilians and members of security
forces and the arrest of 400 people in Mosul," who were then held in Daesh
jails, he added in a statement.
After Daesh overran Mosul in 2014, Khasfah became one of Iraq's largest mass
graves as militants carried out a series of executions at the site.
Witnesses said the victims were blindfolded and had their hands tied behind
their backs, before being forced to kneel. They were then shot and pushed into
the crater.
More than 300 people, including around 100 foreigners, have been sentenced to
death or life in prison by Iraqi courts over their membership of Daesh,
according to judicial sources.
Iraq declared victory in December over the militant group, which at its peak
controlled nearly 1/3 of the country as well as large swathes of neighboring
Syria.
(source: Agence France-Presse)
_______________________________________________
A service courtesy of Washburn University School of Law www.washburnlaw.edu
DeathPenalty mailing list
***@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty