[Reader-list] Further on CMO Pulwama

[TaraPrakash]

"why thousands of people were on the
streets in the earlier case, and are not in this one..."

Politics, thy name is hypocrisy.


----- Original Message ----- 
From: "Sanjay Kak" <kaksanjay at gmail.com>
To: "Sarai" <reader-list at sarai.net>
Sent: Friday, April 02, 2010 3:54 AM
Subject: Re: [Reader-list] Further on CMO Pulwama


> 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].
>>
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