[Reader-list] Further on CMO Pulwama

[S. Jabbar]

Dear Sanjay,
I was wrong about the incident re. CMO Pulwama and the nurse.  The laws of
this land are quite clear on this. Please see sec (d). Apparently the law is
so strict that no one can argue a woman in a police station or a hospital or
a government institution who was subjected to sexual harassment/ assault was
actually engaging in consensual sex.  So the law of the land defines Dr.
Ghulam Qadir¹s actions as rape under sec 376 (d).
Best
sj


Section 376. Punishment for rape
1[376. Punishment for rape.

(1) Whoever, except in the cases provided for by sub-section (2), commits
rape shall be punished with imprisonment of either description for a term
which shall not be less than seven years but which may be for life or for a
term which may extend to ten years and shall also be liable to fine unless
the woman raped is his own wife and is not under twelve years of age, in
which cases, he shall be punished with imprisonment of either description
for a term which may extend to two years or with fine or with both:

Provided that the court may, for adequate and special reasons to be
mentioned in the judgment, impose a sentence of imprisonment for a term of
less than seven years.

(1) Whoever: -

(a) Being a police officer commits rape-

(i) Within the limits of the police station to which he is appointed; or

(ii) In the premises of any station house whether or not situated in the
police station to which he is appointed; or

(iii) On a woman is his custody or in the custody of a police officer
subordinate to him; or

(b) Being a public servant, takes advantage of his official position and
commits rape on a woman is custody as such public servant or in the custody
of a public servant subordinate to him; or

(c) Being on the management or on the staff of a jail, remand home or other
place of custody established by or under any law for the time being in force
or of a woman's or children's institution takes advantage of his official
position and commits rape on any inmate of such jail, remand home, place or
institution; or

(d) Being on the management or on the staff of a hospital, takes advantage
of his official position and commits rape on a woman in that hospital; or

(e) Commits rape on a woman knowing her to be pregnant; or

(f) Commits rape when she is under twelve years of age; or

(g) Commits gang rape,

Shall be punished with rigorous imprisonment for a term which shall not be
less than ten years but which may be for life and shall also be liable to
fine:

Provided that the court may, for adequate and special reasons to be
mentioned in the judgment, impose a sentence of imprisonment of either
description for a term of less than ten years.

Explanation 1- Where a woman is raped by one or more in a group of persons
acting in furtherance of their common intention, each of the persons shall
be deemed to have committed gang rape within the meaning of this
sub-section.

Explanation 2-"Women's or children's institution "means an institution,
whether called an orphanage of a home for neglected women or children or a
widows' home or by any other name, which is established and maintained for
the reception and care of women or children.

Explanation: 3. - "Hospital" means the precincts of the hospital and
includes the precincts of any institution for the reception and treatment of
persons during convalescence or of persons requiring medical attention or
rehabilitation].