Break the silence on sexual assault

Ten years ago, I was raped by someone whom I trusted. I was forced to lead a secluded life, but the one who should have been punished is leading a happy life today as the case is still in court. Initially, my parents discouraged me from reporting the incident. But with the help of an NGO, I lodged a complaint though I don't know if I will get justice." — Aparna, rape victim "When I went to lodge a complaint against the rapist of my four-year-old daughter, I was asked by the police to sign on a piece of a paper and I did. Later, I found out that the paper had a statement saying I didn't want my daughter to undergo a medical examination. In the absence of a medical report, the accused was let off. The review petition in the higher court was also dismissed because two years after the incident, my daughter had become more articulate and so it was felt that she was tutored." — R Kapoor, father of a victim (names have been changed) The Imrana verdict might seem to be a shot in the arm for rape victims, but such verdicts are very rare. Most rape cases go unreported or drag on in courts for years. Afreen, legal officer with Lawyers' Collective in New Delhi, says that in 90% of the cases, the victims at some stage during the trial feel that the whole exercise is futile and would prefer to back out because they cannot maintain anonymity, though the law provides for it. ""Even Imrana was publicly named. But she had the support of the media and her family. In many cases, they are not assured of any security," says Akhila Shivadas, executive director, Centre for Advocacy and Research. She recalls an incident where a victim charged her husband with rape. But before she could gather evidence, he killed her. In most cases, the victims are made to either marry the rapist or the parents arrange for a hush-hush marriage. Shahjahan, a counsellor at NGO Shakti Vahini, remembers an incident where a victim was married to the driver of the rapist. ""She agreed as she had nowhere else to go," he says. Approaching the police is also not a welcome prospect. ""Investigating officers are advised not to visit the house of the victim and if they do, they should be in plain clothes. But that never happens," says Sudhir Rai of Centre for Social Research. ""Often, they presume that the victim is lying and treat her at par with the accused," adds Afreen. The problems start with the FIR itself. ""In most FIRs, the police refrain from using the word "rape' or "assault' but use terms like wrongdoing," says Afreen. The victims are even discouraged from filing an FIR. ""Recently, the father of a victim was told was "why did you let your daughter have so much freedom'? " says Rai. ""Most of the victims don't trust the legal system," says Ranjana Kumari, women's activist. ""There is no conviction in 99% of the cases. Also, it takes many years to get justice," says Flavia Agnes, lawyer and women's rights activist. Women are also humiliated and asked uncomfortable questions. ""Even for judges, it's a big joke. They laugh at the kind of questions asked in court," Agnes adds. The solution, she says, lies in improving the conviction rates and in inspiring confidence so that victims feel encouraged to report crimes.

Young, restless & religious: How God bridged Gen gap

Contrary to what many might believe, the young in India are no less religious than their elders, though their faith appears to be on the whole just a little more abstract and less ritualistic. In fact, if there is an age group slightly less religious than the rest, it is those in the early stages of middle age. The TOI-TNS poll shows that 72% of those in their twenties strongly believe in God, which is only slightly lower than the overall average of 75%, and another 19% "somewhat believe". This is more than the 69% of 40-49 year olds who are strong believers, the lowest figure for any age group. Whether those in their early middle age are less believers because they happen to be from the generation that grew up in the sixties and seventies or because they are at a stage in life in which trials and tribulations take a toll on faith is hard to say. But given that 39% of 50-59 year olds say they are more religious today than they used to be, the latter explanation might be more valid. The 50-59 age group is, not surprisingly, the one that comes across as the strongest believers as well as the one that has more faith in spiritual gurus and in the idea of God having a human form. The young (20-29), however, are more into religious books and music than any of the other age groups. Interestingly, the younger age groups perceived God (if he/she had a human form) as middle-aged, while the middle-aged felt God would be young. Of course, this difference in perception may be not so much because they visualise different ages for God, but simply because the definition of young and middle-aged tends to be different for different age groups. To return to the young, they are less inclined to see God as present in places of worship, idols, spiritual gurus or holy books. They are also less convinced that God is the creator, though 87% of them do believe this against 90%-plus levels in other groups. The perception of God as always just is also much lower among the 20-29 age group. A fairly high 21% of the youngest respondents felt God was always unjust, another 29% that he/she was sometimes unjust. Despite this feeling of unjustness, the young were less inclined to fear God than their elders. While 69% of them either fully or mostly agreed with the statement "I fear God", that proportion was 77% for those aged 30-39, 76% for the 40-49 and 73% for the oldest age group in the sample. The young are also less convinced that God will punish them for their sins, that incidents like Ganesha drinking milk or brackish water turning sweet demonstrate the presence of God or that their fate is predetermined. Theirs is also a less certain embrace of faith. Against the 8% of 50-59 year olds who said they never doubted the existence of God, 14% of those aged 20-29 were as sure about their belief in a supreme being. If you think this indicates a more open mind, try and explain this one: The young were less open to the idea of people converting from one religion to another, though the difference between age groups on this question is fairly small.

Child-hoods in jail? It's simply criminal

Child victims of trafficking and sexual abuse often face further victimisation under detention. No child shall be deprived of his or her liberty unlawfully or arbitrarily." So states the Convention on the Rights of the Child, one of the seven core treaties of the international human rights framework. But, according to Unicef, an alarming number of children around the world are being deprived of their liberty, held in detention without sufficient cause. The Convention stresses that imprisonment of a child shall be used "only as a measure of last resort and for the shortest appropriate period of time", but many children are rounded up simply for being a nuisance or perceived as a threat. Moreover, most of them are not tried, and are held for months, and in some cases years, often without access to legal aid. Also, in keeping with the Convention, legislation in most countries requires separate facilities for children to prevent abuse and exploitation by adults. Yet detention with adults is routine in many countries. Unicef estimates indicate that more that one million children worldwide are living in detention as a result of being in conflict with the law. The term 'children in conflict with the law' refers to anyone under 18 who comes in contact with the justice system as a result of being suspected or accused of committing an offence. Most children in conflict with the law have committed petty crimes or such minor offences as vagrancy, truancy, begging or alcohol use. Some of these are known as 'status offences' and are not considered criminal when committed by adults.
Child-hoods in jail? It's simply criminal Most of these children are from deprived communities and families and are criminalised for simply trying to survive. Often, they are held under deplorable and inhumane conditions. Physical abuse is common and children suffer deep trauma resulting from torture and interrogation. Child victims of trafficking and sexual exploitation are often re-victimised. "Children in detention are frequently subjected to violence by staff...they may be beaten, caned, painfully restrained, and subjected to humiliating treatment such as being stripped naked and caned in front of other detainees. Girls in detention facilities are at particular risk of physical and sexual abuse," according to a UN study on violence against children released in August. Children in detention are also at risk of self-harm or suicidal behaviour, the study says. Putting children in prison instead of seeking alternatives stigmatises them as delinquents, robs them of opportunities for jobs and scholarships and exposes them to others who have committed more serious crimes. It also increases the likelihood of children breaking the law once again. Are there alternatives to detention? Yes, says Unicef. Its recommendations: Don't imprison children simply trying to survive; divert children who have committed minor crimes away from the criminal justice system; use detention only as a last resort; when children are imprisoned they should be kept separate from adults; governments should monitor the situation very closely, at a minimum having records of how many children are in jail and how long they have been there.