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Correcting Inconsistencies – A response to Anusha Rizvi and Manisha Sethi: Rebecca John

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Guest Post by REBECCA JOHN

(Rebecca John is a Senior Advocate at the Delhi High Court)

This is in response  to some popular misconceptions about the 2013 amendments relating to sexual offences against women and some of the issues raised by Manisha Sethi and Anusha Rizvi  in HardNews, (Confronting Certainties, posted on the Hardnews website on March 9, 2014)

1) Suo moto action by the police leading to the registration of an FIR:
There is no requirement in law that an FIR  must be registered only on the complaint of a victim. If a police force  receives information  about the commission of a  cognisable offence , it can register an FIR on it’s own. This is not the first time this has happened, almost all CBI cases are registered on ” source information ” and not on actual complaints made by aggrieved persons.
 
2) Bail in non-bailable offences of a serious kind is not usually granted:
Let us not trivialize the offence of rape and treat the dismissal of a bail plea as the worst kind of crime. Pretrial detentions are the rule in India – so if we want that practice changed, and I certainly do, let’s start with all under-trials and lets not  just shed tears  for the rich and powerful and pretend that this is an unusual occurrence. Please come to courts and see how the system works .
 
Bad ideas

THE Tejpal WHO IS FAR MORE TEZ! :Kishore

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Guest Post by Kishore

So Tejpal allegedly sexually assaulted his lady colleague in an elevator. Criminal charges have been pressed against Tejpal and it seems sooner or later the woman journalist who may not get another job any time soon will at least get justice.

About time we discuss another TEZpal. This one had also harassed a lady colleague in an elevator. That was in 2007. TEZpal after having asked the woman journalist very personal details about her boyfriend repeatedly had not understood she was “not interested”. One night while TEZpal was the shift in charge of the night shift he tried  kissing and hugging this lady colleague in the office lift.

The woman journalist had reported  the incident to her bosses. An internal investigation was done. Many other journalists were called. They asserted that  TEZpal was indeed sexist and out of line a little much too often. Some old HR exit interviews were brought out. TEZpal was asked to leave.

But, all this was done quietly. This was also an “Internal matter” you see.

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