JONAKI Jan 2016

INTERSTING JUDGEMENT
SEXUAL HARASSMENT ONCE AGAINAANSIGNIFICANT
INITIATIVE
A DRIVE TOWARDS MORE IMMUNISATION
VIOLENCE IN POLICE CUSTODYTHE VIRTUES OF BREAST FEEDING
RIGHT TO CONSENSUAL SEX POPULATION VERSUS SEX-RATIO
Jonaki
IN ACCORDANCE
WITH LAW
January, 2016
Editorial
Chief Editor : Alok Goswami
SEXUAL HARASSMENT ONCE AGAIN
Dear Reader,
Legal Cell, Sanlaap
This issue
contains
discussions on a
variety of
subjects, most
of which are
concerns of
women and
children who
had been SOFT
TARGETS
traditionally
due to the
prevailing
patriarchal
mindset.
Ironically,
measures for
their protection
had not been
prioritised both
by Government
and Civil
Society.
- Alok Goswami
Address:
38B Mahanirban Road,
Kolkata - 700 029
Tel:
91-33-2464 9596,
2465 3429
Fax:
91-33-2465 3395
email:
hq@sanlaapindia.org
The student of Satyajit Ray
Film and Television
Institute (SRFTI), who has
accused her professor of
“coercing her into sex”,
has now complained of
“harassment” during her
medical examination.
In a letter to the SRFTI's
Internal Complaints
Committee for Sexual
Harassment (ICC), she has
alleged that she was asked
to “strip” in front of a male
doctor, who had
“questioned her on varied
issues, like the kind of
movies she has filmed.
The student
described her
harassment on
Facebook and her
blog. The student
said, “ I gave a
signed letter to the
chairperson of ICC.
I wrote that after the
Institute decided to
forward the complaint to
police. I have been
harassed several times, the
last of which being the
..."I have been
harassed several
times, the last of
which being the
inhuman treatment
at the medical
examination"...
inhuman treatment at the
medical examination.”
She says she had to leave
the medical examination
halfway because she
“couldn't stand the pain
any further”.
After submitting the
complaint, the student
met advocate Debapriya
Mukherjee. “Police made
me sign a paper, which
said that I refused to
appear for the medical
examination. I said that I
had appeared and left half
way because it hurt. A
man told me that I should
have asked if it hurt before
I gave my consent to
appear,” she said.
Mukherjee told “The
concept of medical
examination is to make
the case of the
complainant stronger. It is
to be done withn 48 hours
so that the evidence
remains. Copducting it
after a year isn't going to
prove anything in favour
of the complainant. In that
case, I suggested that she
can go for the medical
examination because it is
a formality in the criminal
justice system.”
1
AN INTERSTING JUDGEMENT
Legal Cell, Sanlaap
The Bombay high court ordered
four men charged with
moplestation of three women, to
perform community service by
cleaning the Tekdi Bungalow
area at Naupada, Thane, every
Sunday for six months.
“It will not only remove dirt from
the roads, but also clean your
minds,” said a bench of Justice
Ranjit More and Justice VL
Achliya while quashing the first
information report (FIR) that also
charged them with attempt to
..."It will not
only remove
dirt from the
roads, but also
clean your
minds"...
murder.
Considering that they work as
packers and loaders in a
Bhiwandi warehouse and get a
weekly off only on Sunday, the
judges directed that the men
“shall clean the public places”
from 7 a.m. to 11 a.m. and from 4
p.m. to 7p.m. on that day for 6
months. They will be supervised
by the investigation officer of the
Naupada police station, who will
then submit a monthly report to
the court.
21
A DRIVE TOWARDS MORE IMMUNISATION
Documentation Unit, Sanlaap
India's Vaccine programme is
likely to get a major push in the
New Year with the government
attracting international funding
to ramp up its immunization
drive.
With a number of vaccines
waiting to be introduced in the
universal immunisation
programme, the government is
trying to partner with global
organisations to seek
both
financial and technical support
from them.
Recently, Gavi, a global vaccine
alliance and one of the largest
organisations working in this
area, has announced a funding of
$500 million to support India's
immunization drive.
..."the need to
improve vaccine
coverage to reduce
mortality from
vaccine preventable
deceases like
pneumonia and
diarrhoea"...
Proposing a new strategic
partnership with the government
for the next five years, Gavi
chief executive officer Serth
Berkley also met Prime
Minister Narendra Modi in
New Delhi to discuss the need
to improve vaccine coverage to
reduce mortality from vaccine
preventable deceases like
pneumonia and diarrhoea.
The government is also in talks
with other such agencies to
increase funding. Organisations
like UNICEF, Bill & Melinda
Gates Foundation and WHO
work in the area. Unicef has
started several campaigns and
roped on goodwill ambassadors
including Bollywood superstars
like Amitabh Bacchan and
Priyanka Chopra to spread
awareness about vaccines.
Health ministry's estimates show
there are around 89 lakh children
who are either unvaccinated or
partially vaccinated.
Under its flagship programme
Mission Indradhanush, the
ministry has identified 201 high
focus districts which account for
nearly 50% of all unvaccinated
or partially vaccinated children
in the country.
Officials in the ministry said the
total budget for immunization in
2016 is expected to increase
from Rs 600 crore to Rs 1,800
crore.
31
IN ACCORDANCE WITH LAW
Documentation Unit, Sanlaap
subsequently met senior Home
Ministry officials in late
December to seek removal from
the “prior permission” category,
citing its compliance with the
government's request to register
under an Indian Law.
The Narendra Modi government
is set to remove Ford Foundation
from the “prior permission”
category under the Foreign
Contribution (Regulation) Act,
2010, which requires each of its
donations to Indian NGOs to be
pre- approved by the home
ministry.
This comes after the international
donor's Indian arm got itself
registered under the Foreign
Exchange Management Act
(FEMA), 1999, last month, thus
bringing it within the purview of
an Indian law.
Ford Foundation was placed on
..."the home ministry
reportedly found
that it was funding
non- FCRA registered
and profit making
NGOs. Both acts are
illegal under
FCRA"...
the 'prior permission' list in April
last year after the home ministry
reportedly found that it was
funding non- FCRA registered
and profit making NGOs. Both
acts are illegal under FCRA.
According to
sources the
finance ministry
signaled its
approval to RBI
on December 16
to register Ford
Foundation's
Indian arm under
FEMA.
Ford
Foundation
representatives
“We have now suggested to Ford
Foundation to put in a formal
request, along with proof of its
registration under FEMA and
other relevant papers,” a senior
officer said adding that the
ministry is favourably inclined to
granting the plea.
“Ford Foundation has indicated
its appreciation of our insistence
on compliance with the Indian
laws and norms. We expect it to
route its grants to Indian NGOs
carefully and in compliance with
the law,” said the officer.
The Centre's decision to place
the top international charity in
“prior permission” list in view of
donations it had made in the past
to non-FCRA registered entities
had evoked sharp criticism, with
the action being described as
part of a sustained crackdown on
NGOs.
***
Senior lawyer and former
additional solicitor general
Indira Jaising's NGO, Lawyers
Collective, has replied to the
home ministry questionnaire
sent in November, seeking
details of its bank accounts and
amount of foreign contributions
received and utilized since
41
of the questionnaire. Both
extensions granted were for two
weeks, though Lawyers'
Collective had sought a four
week extension each time.
The reply was submitted
coinciding with the extended
deadline of January 4, after the
home ministry indicated its
refusal to grant the NGO more
time.
“The ministry is going through
the detailed reply and will take a
call soon on whether it is
satisfied with the same,” said a
senior officer.
inception.
The home ministry which is
examining the “voluminous”
reply, will soon take a call on
whether an inspection of her
accounts is warranted.
Souces in the home ministry
confirmed that the “voluminous”
reply was received on January 4,
after two extensions of the
December 7 deadline
mentioned in the covering letter
..."the endeavour of
the ministry had
been to bring in
transparency and
accountability
while ensuring
national security"...
Indications are that the home
ministry may press with an
inspection of the NGO's
accounts and books to confirm
any violations of provisions of
the Foreign Contribution
(Regulation) Act, 2010. This may
be done by either sending a team
to the NGO's Mumbai office or
by asking it to produce the books
of accounts for scrutiny in Delhi,
said a senior officer.
In the letter dispatched to
Lawyers Collective on
November 5, the home ministry
had recalled its mandate to
regulate the receipt and
utilization of foreign funds, while
stating that “the endeavour of the
ministry had been to bring in
transparency and accountability
while ensuring national
security”.
Forwarding a copy of the
standard questionnaire to the
NGO, the ministry had sought a
“para-wise reply” by December
7.
51
VIOLENCE IN POLICE CUSTODY
Legal Cell, Sanlaap
matter and it should be
completed in next couple of
days. The statements will be
recorded soon.
City Police has begun a probe
against three personnel with
Kranti Chowk police station for
allegedly disrobing and putting
chilli powder on the private parts
of two women, who were
detained in connection with a
youth's death.
One of the two women, a 21 year
old engineering diploma holder,
has alleged that she and her
friend were forced to take off
their clothes by a woman officer
on the direction of a male cop,
..."The
woman
officer then
applied chili
powder"...
when they were detained for
questioning. The woman officer
then applied chili powder on
their powder on their private
parts.
Police Commissioner Amitesh
Kumar said “The allegations are
very serious in nature. I have
ordered an inquiry into the
Kranti Chowk police had
rounded up the two women to
probe a case of accidental death.
They were with the police from
January 6 evening. After her
release the woman and her
mother rushed to the police
commissioner's office and
brought the matter to the notice
senior officers, including deputy
commissioner of police (head
quarter) Sandeep Atole. “We
asked an officer of the rank of
assistant commissioner to
investigate the matter,” Atole
said.
The complainant and six of her
friends had gone to a hotel to ring
in the New Year. Soon after
consuming liquor, one youth
started behaving violently.
Around 1 am on January 1, the
group dropped him and then
went to drop the two women
home. Then, four of them went
to a lodge and found their
drunken friend there.
Kranti Chowk police inspector
Govardhan Kolekar said that one
of the group, infuriated over their
friend's violent behaviour,
slapped him. The youth started
running from the spot, fell and
was severely injured. He was
rushed to hospital, where he was
declared brought dead.
61
RIGHT TO CONSENSUAL SEX
Legal Cell, Sanlaap
At a time when consensus is rare ,
political sentiment across the
spectrum appears to favour
decriminalizing homosexuality.
Close on the heels of finance
minister Arun Jaitley's assertion
at the Times Litfest Delhi that the
Supreme Court should not have
reversed the Delhi HC
judgement decrimininalising gay
relationships, Congress, AAP
and the Left said that they would
support the Centre if it moved to
repeal the controversial clause in
IPC Section 377.
Congress MP Shashi Tharoor
tweeted that he plans to
introduce a private member's bill
..."Congress, AAP
and the Left said that
they would support
the Centre if it
moved to repeal the
controversial clause
in IPC Section
377"...
to “decriminalize consensual sex
between adults of any gender”
Jaitley and his predecessor P
Chidambaram's remarks appear
to have galvanized the LGBT
community, which
held a gay pride parade
in Delhi.
On Jaitley's statement,
Congress spokesman
Abhishek Singhvi said:
“This is yet another
example of complete volte face
by the BJP government, which
opposed repeal of this provision
and supported the apex court
judgement, I see no reason why
Congress, which supported the
high court judgement, should
not support repeal of this
provision.”
CPM general secretary Sitaram
Yechury said: “Let Mr. Jaitley
convince his own party.” He said
CPM was “the first and only
political party” to come out in
favour of decriminalising Section
377. “But BJP needs to evolve
consensus within before
lecturing on Section 377”.
AAP souces said a government
move repealing the section
would be “positively
considered”. In its statement after
the SC order, the party had said:
“This not only violates the
human rights of such individuals
but goes against the liberal
values of our Constitution, and
the spirit of our times.”
Fo r f u l l rep o rt l o g o n t o
www.timesofindia.com.
71
THE VIRTUES OF BREAST FEEDING
Documentation Unit, Sanlaap
While the enormous health
benefits of universal and
sustained breast feeding of
children are well known, new
evidence suggests that there is a
significant economic cost as
well.
Research by medical journal
Lancet reports a loss of $0.6285
billion or about Rs 4,300 crore
annually. Not just that. If India
were to universalize
breastfeeding in the coming
years, it could reduce 13% of all
under-5 deaths (1,56,000 child
deaths), 39,00,000 episodes of
pneumonia and 7,000 deaths
due to breast cancer annually.
that has placed restrictions on
sales of milk substitutes.
However, there has been very
little awareness created on the
benefits of breastfeeding over the
years.
NFHS 4 data for 15 states shows
India is just an average performer
by this parameter. Though
institutional deliveries have risen
to 82.2%, initiation of
According to Dr. Arun Gupta
from the Breastfeeding
Promotion Network of India, the
law needs to be enforced more
effectively and adequate
maternity protection including
nine months of paid maternity
leave must be introduced.
..."Extensive
marketing by
formula makers
remains a big barrier
to increase the
number of breastfed
children"...
breastfeeding is
47.7% while
breastfeeding for
months of child
higher at 57.5%.
stagnant at
exclusive
the first six
is only little
India has a national law --- Infant
Milk Substitutes Feeding Bottles,
and Infant
F o o d s
(Regulation
of Production, Supply
a
n
d
Distribution) Act---
The Lancet study found that
cognitive losses associated with
”not” breastfeeding, which
impact earning potential,
amount to $302 billion
worldwide annually. Extensive
marketing by formula makers
remains a big barrier to increase
the number of breastfed
children.
Low and middle
income countries lose more than
$230 billion annually due to low
rates of breastfeeding.
The health benefits extends to
the mother as well, with
reductions in risk of breast and
ovarian cancer. Based on all the
existing research and according
to new estimates created for this
report, rise in breastfeeding
could prevent extra 20,000
deaths from breast cancer each
year globally.For India,
considering the 7% protection
provided by breastfeeding, it
translates to preventing 4,915
deaths annually out of 70,000
deaths that occur now.
81
POPULATION VERSUS SEX-RATIO
Documentation Unit, Sanlaap
When minister of women and
child development Maneka
Gandhi suggested registering the
sex of every child in the womb to
ensure that the girl child is not
killed, she probably did not
understand the complex calculus
that Indian would be parents go
through--- when to have child,
..."Among women who
had only one child, the
sex ratio was just 782
girls to every 1,000
boys born. For women
who have two children,
the ratio plummets to a
shocking 720"...
how many and boy or girl. A
glimpse into this intriguing
process undertaken by about 2.5
crore parents every year as they
meditate through son preference
and desire for smaller families is
provided by the census 2011
data.
Among women who had only
one child, the sex ratio was just
782 girls to every 1,000 boys
born. For women who have two
children, the ratio plummets to a
shocking 720.
With women who have three
children, it improves to 814. For
women with four children, it
improves even further to 944 and
by five children, it reaches 1,005
girls for every 1,000 boys.
91
A SIGNIFICANT INITIATIVE
Gender Desk, Sanlaap
Women and child development
minister Maneka Gandhi told the
Rajya Sabha that each village will
get 'Mahila' special police
officers (SPOs) from January 1 for
safety and security of women.
..." the home ministry
had given them the
permission to appoint
special police officers
(SPOs), who will assist
oilice with information
regarding any crime
against women"...
Earlier she said that the home
ministry had given them the
permission to appoint special
police officers (SPOs), who will
assist oilice with information
regarding any crime against
women including dowry
harassment, rape and eveteasing.
She said this during the debate
on juvenile Justice Bill while
responding to questions on the
need have better police
patrolling and lighting of streets
to prevent crime against women.
Design: Sagarika Datta
10
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