[Reader-list] Further on CMO Pulwama

[Sanjay Kak]

Thanks again, Sonia,
for taking the trouble to draw our attention to the law of the land on rape.

Of course, in this conversation I was not trying to suggest that the
charge of rape against the CMO Pulwama was not valid. I was merely
trying to suggest that to sweep it in the same bag as the Shopian rape
and murder of last summer may be a trifle hasty. A more cautious
reading could perhaps explain why thousands of people were on the
streets in the earlier case, and are not in this one...

Having just re-read your earlier post–to which I had first responded–I
had a moment of deja vu.
You say:
"The Shopian case was an extremely complicated case, which was
manipulated and presented to the world as fact.  Sadly, this group of
well-meaning women are not the first to get misled with half-facts and
half-truths in Kashmir."
I wonder whether the case around the CMO Pulwama could not be seen in
the same light?

Best

Sanjay

On Fri, Apr 2, 2010 at 12:57 PM, S. Jabbar <sonia.jabbar at gmail.com> wrote:
> 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 Qadir’s 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].
>