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In Another Gang-Rape at Shakti Mills, a Juvenile Suspect

Written by Saurabh Gupta | Updated: September 04, 2013 01:19 IST

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Same accused, same location: the abandoned Shakti Mills compound in Mumbai

Mumbai: A minor accused was arrested in the second Shakti Mills gang-rape case on Tuesday. He was detained earlier in the day.

Among the five accused of the gang-rape of a 19-year-old call center worker on July 31, three are already in police custody.

Days after the accused in the gang-rape of a 22-year-old photojournalist confessed they had brutalized other women too, the 19-year-old said she too was gang-raped by at least three of them. A minor was involved in the earlier case too.

The woman, in her statement to the police, said five men assaulted her in the abandoned Shakti Mills compound in the heart of Mumbai on July 31. (Read)

In a modus operandi eerily similar to the August 22 incident, the 19-year-old said her attackers tied up her male friend who had accompanied her to the mills before assaulting her.

Police sources said the call center worker was so traumatized after the incident that she left Mumbai for Chhattisgarh without informing anyone.

Since a missing complaint was filed by her family, the police called the 19-year-old upon her return to Mumbai on Sunday.

It was then that she revealed her ordeal to the police and even identified the three men already under arrest in connection with a similar assault on the photojournalist, sources said.

This is the second case involving the Shakti Mills gang-rape accused, who have admitted to assaulting other women in the past, including a ragpicker, who is yet to come forward to record her statement.

If found to be serial offenders, the accused may end up spending their entire lives behind bars.

From India, Delhi
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The rape frequency is rising 100s of times. Will it ever stagnate or dwindle?
From India, Delhi
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Anonymous
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The Role of Education in Preventing Crime

While I agree with Kryptoncs on all the five counts, I strongly feel that education is the most important factor. Education plays a key role in molding a mind to respect and value another life. It is crucial in developing empathy and understanding, which are essential in preventing such heinous acts.

Regards,

From India, Bangalore
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The Role of Visual Media in Influencing Behavior

I would like to join this debate. In my opinion, apart from many other things, visual media has made very damaging contributions towards the sudden increase in these incidents.

If I list a few things that I feel also contribute to this biological urge, which is now turning out to be uncontrollable by the individual's mind:

• The way human body parts—especially of females—are projected in virtual media through various kinds of advertisements and promotions. On many occasions, it seems that without projecting certain parts of the body, even if the product is unrelated, the promoter might think their product cannot be sold. Teens, especially, and others in general, by seeing this kind of commercialization of female body parts, receive the wrong message. So, when seeing a female, these wrong messages influence their wisdom. In the IPLs, why are scantily dressed models introduced? Is this in any manner connected to the game of sports, or are their titillating movements connected with the game of sex? This introduces an attraction for male members, which induces in the male minds an image of females as showpieces!

• Sorry to say, but many may acknowledge the fact that some kinds of dresses (which are meant to cover up) also project the body part unintentionally. Here, while choosing a dress, one has to ensure the dress design meets its objective of covering the body. Please do not think I am advocating a Taliban kind of dress code, but rather a self-check to ensure the dress meets its intended objective.

Understanding Human Sexuality and Its Impacts

In human sexuality, males are often called "quickies," meaning just by seeing, visualizing, or imagining, they get sudden signals. In the case of females, their arousal is not as quick as males; they need some kind of physical processes. Might this be the reason that uncontrollable sexual urges, constantly ignited through various sources, cause a sudden rise in sexual attacks on females?

• In these kinds of attacks, those against females are mostly reported, but attacks against males are rarely reported. The difference here is that attacks against females happen even in the open, but against males, they occur within veiled walls.

• With current technological advancements, the availability of various gadgets and other fueling things through the internet has created a wayward attitude towards the opposite sex. A careless attitude towards oneself (even for males) in dressing, behavior, approach, thinking patterns, and relationships creates a lot of damaging results.

• Every day, one can see reports of rape by juveniles and by older members like self-styled godmen. For the older men, might visual media influence their urges, which they otherwise forcibly suppress in the name of age or other circumstances? By seeing these kinds of projections all around, their biological needs too sprout up, ending with these kinds of unfortunate incidents.

• For juveniles and youngsters, it is quite natural that erupting biological urges surpass their wisdom. I am not endorsing them. I suggest creating a better understanding through guidance and education to make them aware of the good and unwarranted sides of sex.

Regards,
Suresh

From India, Pune
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Discussions are yet to touch the spurt after December16,2012(Nirbhaya case)
From India, Delhi
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Juvenile Justice and Punishment

Up to 18 years, individuals are treated as juveniles, and the maximum punishment according to the law is only three years of imprisonment. The age needs to be lowered. Otherwise, in the name of juveniles, these culprits go scot-free without appropriate punishment.

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Pon

From India, Lucknow
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Will it be foolproof or at least will it lower the frequency?
From India, Delhi
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I do not differentiate between pre or post-December 16, 2012. This crime was happening frequently in our society but was not reported as prominently as in recent cases. There are still victims and survivors battling for life for a long time. This will further increase the kind of exposure everybody (both males and females) is getting. There was even a report 10 days ago about a great-grandfather raping a girl of around 8 years. How will one justify this?
From India, Pune
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The Persistent Issue of Rape and Legal Amendments

I do not differentiate between pre or post-December 16, 2012. This crime has been occurring frequently in our society but was not reported as prominently as in recent cases. Even now, there are victims/survivors still battling for their lives. This will further increase the kind of exposure everyone (both males and females) is getting. There was even a report 10 days ago of a great-grandfather raping a girl of around 8 years. How can one justify this?

The malady of rape has existed for a long time. That's why sections 375/376 were included in the IPC in 1860. However, this was not enough to contain the phenomenon. In 1983, the rape law was amended, but the rate of rape increased. There was a further amendment in 2013, but after that, the rate has gone up significantly, according to reports. No one knows whether these complaints are true or false. If false complaints have increased significantly, then it is another unrecognized malady that is plaguing society more and more. Yes, the rate of conviction by the courts, according to reported statistics, is just about 10%. The conviction rate of 2013 will be revealed later. Predict: What percentage of the accused will be convicted?

From India, Delhi
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[QUOTE=Dr. Jogeshwar Mahanta; 2087040]

The malady of rape was there. So there were sections 375/376 in IPC in 1860. This was not enough to contain the phenomenon. So in 1983, the rape law was amended, but the rate of rape went up. There was a further amendment in 2013. However, after that, the rate has gone up by leaps and bounds as per the report. No one knows whether these complaints are true or false. If the false complaints have gone up in leaps and bounds, then it is another unrecognized malady that is plaguing society more and more. Yes, the rate of conviction by the courts as per reported statistics is just about 10%. The conviction rate of 2013 will come later. Predict what percentage of accused will be convicted.

Dear Dr. Mahanta, sorry to interrupt, may I know what you would like to debate here in this forum on this subject because I cannot foresee any fruitful result out of it. In my opinion, many things need to be dissected (like psychological, sociological, biological factors, etc.) to understand the reason behind this defect. Finally, the result...?

Secondly, we have a hell of a lot of laws, and still, negative things are happening. Just by amending laws, adding new ones, no positive result will come up until proper execution is done, in which each one is involved/responsible. The blame game will continue without any end.

In this particular subject, again, each one has to ensure individually not to get involved, guide others like kids, siblings, relatives, etc., on what all individually can do to prevent it, to avoid provocative situations, and how to remain alert on certain occasions and circumstances. To some extent, self-check by everybody may prevent the frequency of occurrence. That is what I believe.

Suresh

From India, Pune
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Severe punishment is a strong deterrent and reduces crimes. I can't say it's foolproof. Even crimes are happening in countries like KSA where the punishment level is very stringent, including capital punishment.
From India, Lucknow
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Long back, L.K. Advani had suggested the death sentence, but the feminists opposed it. The deterrent theory is highly controversial.

Indicators of Deterrence Effectiveness

If reports are indicators, then:

- Prostitution has not decreased after the enactment of PITA in 1986.
- Dowry deaths have not decreased after the enactment of section 304B of IPC in 1983/1984.
- Dowry demands have not decreased after the enactment of section 498A of IPC in 1983/1984.
- Rape reporting has increased significantly after the 2013 enactment of the rape law.

So, deterrence is the alibi, and retribution is the reality.

From India, Delhi
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Why LK Advani is Wrong?

by Laxmi Murthy

In a year when violence against women was a recurring theme in people's consciousness, why is it that women's groups are not greeting with applause Home Minister L K Advani's declaration that rapists should be punished with death?

Why is it that the most vehement critique against the death penalty for rapists has come from feminists? And why is it that the women's movement is forced to pursue issues that were raised more than 20 years ago?

One very good reason might be that, unfortunately, these concerns are just as relevant today as they were two decades ago. The countrywide campaign in what has come to be known as the 'Mathura Case' brought rape onto the public agenda in the 1980s. The rape of a 17-year-old tribal girl by local policemen near Bombay and the subsequent acquittal of the rapists led to nationwide protests against patriarchal notions in the judiciary. The agitation sparked off by the Mathura case led to significant changes in the Criminal Procedure Code and the Indian Penal Code, especially shifting the onus of proof onto the accused in custodial rape.

The need for sustained campaigning even today is apparent from the fact that it was only in November 2002—over two decades of campaigning later—that the Union Cabinet approved an amendment to the archaic Indian Evidence Act of 1872. The amendment, which seeks to debar questions related to general moral character in the cross-examination of a woman who has initiated proceedings against rape, was also recommended by the Law Commission of India in its 84th and 172nd Reports. If passed by Parliament, this might go some way in delinking the crime of rape from the prosecutrix's character, even though much remains to be done.

The atrocities committed on Muslim women in Gujarat bring to the fore the inadequacies in the rape law in glaring ways. Scores of women were raped and their bodies burnt beyond recognition, but their rapists will go scot-free because the 'evidence' of rape no longer exists. Women and minor girls were gang-raped in full public view, yet there are ostensibly no witnesses. Women were brutalized, with cricket bails and lathis (sticks) thrust into their vaginas, but this is not considered 'rape' as presently defined in the Indian Penal Code, which defines rape as non-consensual 'penetration of the vagina by the penis'.

Women who were raped were on the run for days, too terrified to approach the police who had shown their communal colors, but 'delay in filing FIR' is held against them as a demonstration that the complaint is not true. Unable to seek medical treatment, women are blamed for not furnishing medical reports to prove that they were raped.

The result? Only a handful of rape cases registered, and many of these withdrawn as complainant after complainant is forced to retract her statement by mobs that still roam free and threaten dire consequences if rape charges are pursued.

Can the death penalty for rape tackle this situation? Will Mr. Advani pronounce the death penalty on the unnamed 'mobs' that committed unspeakable crimes of sexual violence on the Muslim women of Gujarat? Clearly not. It is apparent that the existing criminal justice system in India is not capable of dealing with incidents of sexual violence, particularly those of a communal nature. What the experience of Gujarat shows more clearly than ever is the need to eliminate unjust evidentiary requirements that prevent prosecution without medical reports and other corroborating evidence.

While the sexual violence in Gujarat has been dismissed by no less a person than the Defence Minister of the country as occurrences that 'always happen' during riots, the general public in Delhi was shaken by incidents of women dragged into moving vehicles and raped, and students raped in broad daylight—what have been termed 'rush-hour rapes'.

A student of the law faculty in Delhi University was gang-raped possibly by fellow students. A medical college student was raped within a kilometer of the Police Headquarters and the National Commission for Women. Even as debates rage about whether the former was acquainted with the rapists, and whether the accused in the latter is actually a minor, the Delhi Police recently claimed a 10 percent decline in crime, including rape.

Why is it that these claims are not convincing? A study in 2001 by Rainuka Dagar on 'Combating violence against women in Punjab' conducted by the Institute for Development and Communication, Chandigarh, found that for every reported rape case, 68 rapes went unreported. Silence forced on victims of sexual violence by anti-women biases in the police and judiciary, and an absence of familial and community support are apparent in this low rate of reporting, a situation found elsewhere in the country too.

The knee-jerk reaction of the Delhi police, in response to the spate of crimes against women, has been to set up 'special teams' to tackle crimes against women. Mobile teams to patrol and answer distress calls, arresting persons suspected of 'eve-teasing,' etc., are supposed to engender a feeling of security.

Is it any surprise that they do not? A survey conducted among students by Saheli—a Delhi-based women's group—found that a shocking 95 out of 100 women said that they would not report an incident of sexual violence to the police. 'Lack of trust,' 'fear of further complications,' and 'negative publicity' were some of the reasons they cited.

A recent (2000) report of the National Crime Records Bureau shows that between 1996 and 1999, the conviction rate for rape in police custody was zero. Will the death penalty for rape correct this appalling situation, where law keepers break the law and get away with impunity?

This is not the first time that L K Advani has pronounced the death penalty for rapists. Two years ago, in 2000, this proposal had generated much opposition from women's groups. The National Commission for Women too had rejected the death penalty for rape and recommended instead that trials in rape cases be speeded up and procedural delays in trials be reduced through special courts.

There can be no compromise on enlightened jurisprudence that seeks to go beyond the 'eye for an eye' principle. Besides, it is apparent that the death penalty does not deter crime, and numerous studies have shown that judges are less likely to award the death penalty, which they reserve for the 'rarest of the rare' cases.

With an already low rate of conviction, introducing the death penalty is likely to further reduce the chances of conviction. Of great concern is the likelihood, as demonstrated in countries like the US, that men from minority communities make up a disproportionate number of death row inmates. In the context of India, a review of laws that are punishable with capital punishment brings out the discriminatory way in which such laws are applied to disadvantaged communities—religious and ethnic minorities and Dalits.

Awarding the death penalty merely appears to be a 'solution' to a complex problem that can be tackled only through commitment. Commitment that rests not on votes, but on genuine law reform and changing societal attitudes to sexual violence against women.

12-Jan-2003 More by: Laxmi Murthy - See more at: http://www.boloji.com/index.cfm?md=C....WaXbQU24.dpuf

Regards

From India, Delhi
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I do not think the conscience of society nor citeHR members remains unshaken by the repeated incidents of rape and rampant corruption, especially at the executive level. Still, the executives are (regardless of party politics) united to fight for their cause, "kissa kursi ka," and increased remuneration & other perquisites while offering less service to the public.

(May a question come up, am I the conscience keeper of society or citeHR members? Sorry, I am not. I just believe the above points must have shaken the conscience...)

However, I am confused by introducing those here... might others be too; so hardly any response thinking what solution can we offer.

Regards,
Suresh

From India, Pune
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Shocking Events in India: A Call for Justice

What is happening in India is absolutely shocking. Those men should be hanged so that it can be a lesson to others. We cannot continue living in a world where men are becoming beasts. To the young lady, seek professional help and divine intervention to ease the trauma.

Regards,

From India
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From United States
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Facts and law remaining the same interpretation can be anything as the interpreter lordship pleases. So first of all we need CONSENSUS.
From India, Delhi
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Billa and Ranga were hanged. Now four are sentenced to death. What law can be stronger than this?

Facts and law remaining the same, interpretation can be anything as the interpreter lordship pleases. Therefore, consensus is badly needed.

From India, Delhi
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Mumbai Police file chargesheet, confident of 'maximum punishment' in Shakti mills gangrape case
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