Third Interim Report of the Dharmadhikari Panel

'Put curbs on Facebook, mobiles to protect girls'

ByRosy Sequeira, TNN | Feb 22, 2013 (Source: The Times of India)

The Dharmadhikari panel, in its third interim report to the state government, has suggested placing restrictions on social networking sites as they "corrupt adolescents".

A copy of the January 16, 2013, report with 31 recommendations was submitted to a Bombay high court division bench of Chief Justice Mohit Shah and Justice Anoop Mohta on Thursday. The committee, headed by retired high court judge Chandrashekhar Dharmadhikari, was constituted by the government to recommend measures to curb atrocities against women.

The panel, interestingly, has recommended enlisting men who train at akhadas and gymnasiums for protection of women. "This needs to be given a serious thought,'' it said.

The report, in Marathi, says there should be restrictions on "networking, Facebook, mobile phone and vulgar and indecent conversations and exchange of pictures". This trend has increased among adolescents, which has been revealed by a recent survey, the report said. Another measure to ensure women's safety, it said, would be to publish and upload on websites the names and details of people convicted by courts for atrocities on women.

It suggested putting up such details on an independent website and social networking sites such as Facebook and Twitter. "This is mainly to create awareness and prohibit such crimes," the panel said.

The Dharmadhikari committee also recommended the prosecution of those who witness atrocities but do nothing. The report said some people do not even inform the police on helplines and remain mute spectators, which helps the criminal. "Just being a mute spectator is a crime. Such persons should be considered as accused and similar provisions should be in the law to consider them as so. It seems that crimes take place due to silent consent of such people,'' it said. The report stated that the Constitution mentions that it is the duty of every Indian to protect women. It recommended amending section 39 (public to give information of certain offences) of the CrPC and sections 177 (furnishing false information) and 202 (intentional omission to give information by person bound to inform) of the IPC.

Also suggested was a ban on advertisements depicting women indecently. "Western countries have started the depiction of men also in advertisments. In our country, this has started,'' it stated. The law against obscene depiction of women was created to curb the practice. "It is for this reason this law must be implemented and further amendments must be made if required,'' the committee recommended.

The committee suggested setting up of an independent authority to see that laws are strictly implemented and has referred to the Chief Justice of India's comment that had the law on tinted glasses been followed, the Delhi rape case would have been avoided.

Among other recommendations are amending the law to make stalking and blackmailing serious offences in line with that done in US, and certain states like Tamil Nadu and Orissa. It suggested thought be giving to one-sided talaaq, as expressed by the Supreme Court. It also felt political parties should not give tickets to candidates involved in offences against women.

Dharmadhikari panel recommends Uniform Civil Code to curb crimes against women

To read this article on 'reasons for and ways to curb atrocities against women' from the Indian Express dated 22 February 2013, copy and paste the following link in your browser:

http://epaper.indianexpress.com/c/809513

To read a similar article in the DNA dated 22 February 2013, copy and paste the following link in your browser:

http://www.dnaindia.com/mumbai/report_failed-to-help-women-in-distress-you-re-an-offender_1802839

Amazon Patents Electronic Marketplace For 'Used' Digital Content

Will individuals soon be able to buy and sell "used" digital media such as apps, ebooks, and music downloads? And if so, will they only be able to do this through Amazon? These are among the questions being asked after Amazon, Inc. was awarded a U.S. patent for an "electronic marketplace for used digital objects." (U.S. Patent No. 8,364,595, available online at www.uspto.gov). The patent, which traveled a nearly 4-year journey from application to issuance, would permit users to create "personalized data stores"-presumably through Amazon-which would house digital media files and permit the files to be moved from one person's store to another through a secure system. The granting of the patent, however, does not mean that Amazon will actually establish the marketplace or that the use of the marketplace would be legal. To read this article by George H. Pike, copy and paste the link in your browser: http://newsbreaks.infotoday.com/NewsBreaks/Amazon-Patents-Electronic-Marketplace-For-Used-Digital-Content-87733.asp

SC definition of 'rarest of rare'

To read an article on Parameters of death penalty from the Indian Express dated 12.2.2013, copy and paste the link in your browser:

http://epaper.indianexpress.com/c/774390

Criminal Law (Amendment) Ordinance, 2013

Criminal Law (Amendment) Ordinance, 2013

To read an article on this topic from the Indian Express dated 12.2.2013, copy and paste the link in your browser:

http://epaper.indianexpress.com/c/774353

Asis Nandy case

The Compelling Compromise - A comment on the SC interim order on the Asis Nandy case by Peter Desouza (The Indian Express dated 11.2.2013, pg. no. 11)

Copy and paste the link in your browser to access this article.

http://epaper.indianexpress.com/c/770706

‘Virtual Bookstands’ - Mediology’s new innovation

The brand new concept of digital reading amongst the masses was unveiled at the World Book Fair in New Delhi

Just a few months after the launch of innovative digital publishing platform Readwhere.com, Mediology has introduced the concept of ‘Virtual Bookstands and Newsstands’ that enable consumers to buy content using their mobile and tablet devices. The brand new concept of digital reading amongst the masses was unveiled at the World Book Fair in New Delhi.

The content purchased is digitally and wirelessly delivered to them for reading on tablets, mobile or desktop web interface via Readwhere.com. Customers can scan the QR code displayed alongside the content with their mobile or tablet devices. This will then direct the customer to an appropriate page on the mobile smart device, from where a purchase can be made through a credit card, netbanking or even cash to the person manning the store.

Any traditional brick-and-mortar bookstore, superstore, library or airport lounge, anywhere in India, can become a storehouse of thousands and millions of eBooks, eMagazines, eComics and ePapers.

Manish Dhingra, Director and Co-founder, Mediology Software, said, “We have brought the concept to India for the first time which is all set to be a game-changer in the delivery of digital content.”

In India especially, as per recent figures, more and more people are choosing tablet devices as their first computing device instead of laptops. In May of 2012, mobile internet usage in India surpassed desktop Internet usage. So Internet enabled tablets are going to become the de facto reading devices in the future, especially with India’s Gen Y (15-29 years).

“In many ways we are introducing the future of book purchasing and reading at this year’s World Book Fair,” added Dhingra, who sees immense scope for this concept in future. “If bookstores show interest in this unique concept at the World Book Fair, these virtual bookstands can open up in all parts of the country for which we are equipped to provide them the entire infrastructure and e-commerce services.”

The Virtual Bookstand can be seen at Hall Number 3, 136-139, Pragati Maidan, till February 10, 2013.

Source | http://www.bestmediainfo.com/

Source: Times of India

Changes to law will clearly define unwelcome sexual acts

TNN | Feb 2, 2013
Changes to the criminal law dealing with offences against women cleared by the Cabinet aim to not only add specific new crimes but move the focus from interpreting terms like "modesty of a woman" to clear cut definitions of unwelcome sexual acts.

The government has acted on the Justice J S Verma committee's view that provisions dealing with sexual assault need to be looked at afresh in the light of the need to cover a range of offences that need a higher degree of punishment.

Intentional contact intended to harass a person or threat of sexual violence will be dealt with under the enhanced definition of sexual assault that seeks to plug loopholes exploited by offenders seeking to argue subjectively on what constitutes "outraging the modesty of a woman".

The government, however, did not accept the Verma committee's view on criminalizing marital non-consensual intercourse. The issue of rape by armed forces as a specific category was also not accepted.

The pending Criminal Law Amendment Bill, 2012 criminalizes sexual activities between the age of 16 to 18 years with which the Verma committee did not agree. This will mean that once the bill is passed, age of consent will become 18.

Acid attacks, a frequently reported crime often motivated by desire for revenge on an advance being rejected or a relationship souring, are seen in the context of the long-term impairment caused to a victim's right to live with dignity.

Besides the act of throwing acid on a woman, the permanent or partial damage caused to the victim should be taken into account, the Verma committee had recommended.

Just like acid attacks, public disrobing of women is often resorted to as an act of vengeance for being spurned. Additionally, caste prejudice and women being relatively defenceless victims for enmity harboured with male members of a family also lead to disrobing.

Stalking has been seen by the Verma committee as an act that can curb a woman's right to freedom of expression and even education in terms of younger victims. The specific offence will deal with acts of electronic intrusion and hacking. It will also address attempts to foist unwelcome attention and threat of violence.

The tough and graded punishments for rape, rape that results in severe physical damage and rape that leads to death are important amendments that have been dealt with. Aggravated rape will be punishable with 20 years jail or life term than will mean till the extent of natural life.

Changes in laws dealing with evidence are particularly significant. The question of moral character will not be put to a woman during cross-examination and there will be a presumption of lack of consent in certain prosecution cases.

Just as moral character will not be factor, neither will the sexual history or experience of a victim be deemed relevant in adjudging whether sexual assault has been committed.

This will mean that if sexual intercourse is established by the prosecution, the issue that will need to be evaluated is one of consent. 

Can Law Penalize an Idea?

Source: Times of India

Supreme Court gives relief and an earful to Ashis Nandy

By Dhananjay Mahapatra, TNN | Feb 2, 2013

The Supreme Court on Friday disapproved of social scientist Ashish Nandy's controversial remarks on corruption among backward sections at the Jaipur Literature Festival but gave him protection from arrest following a spate of FIRs in several states.

Though the court entertained Nandy's petition and issued notices to the Union home ministry and states where police have registered FIRs — Rajasthan, Maharashtra, Bihar, Uttar Pradesh and Chhattisgarh — it was critical of Nandy's remarks and told him to desist from such statements in future.

'Can't go on making such statements'

A bench of Chief Justice Altamas Kabir and Justices AR Dave and Vikramjit Sen asked senior advocate Aman Lekhi, "Why does he make a statement like this? You must tell your client that he cannot continue making statements like this."

Immediate clarification that the social scientist had no intention of hurting sentiments made the bench caution him, "Whatever his intentions be, he cannot go on making such statements."

Even before Lekhi could start arguing on behalf of Nandy, an advocate claiming to be a member of the dalit community stood up to oppose any protection to Nandy from arrest because of his "irresponsible and defamatory" statement. The bench asked him to file an application so that the court could deal with it.

Lekhi said since Nandy's remarks had no intention to cause hurt to scheduled castes, scheduled tribes or other backward classes (OBCs), no offence was made out under the SC, ST (Prevention of Atrocities) Act and sought quashing of the FIRs registered in many states.

"Can the law penalize an idea," Lekhi began with a question. But it received a short and crisp "yes" from the court. The counsel then resorted to right to freedom of speech and expression guaranteed under Article 19 of Constitution, but it did not help Nandy's cause.

Finding the going tough, Lekhi changed track and said Nandy had tendered an apology immediately after he realized on January 26 itself that his statement was being reported out of context in the media.

The CJI, speaking on behalf of the bench, made the counsel understand the gravity of the situation created by Nandy. "Even before you opened the argument, a member of the scheduled caste community stood up to say he opposes your plea. This shows the extent to which they are hurt," Justice Kabir said.

"Every citizen has right to free speech but not at the cost of others. We are not at all happy with the way the statement was made. Why do you make such a statement in the first place," the bench said.

Lekhi narrated how Nandy had been a supporter of the dalit cause and explained that the corruption comment in Jaipur was an idea to explain it. "He meant to say when others indulge in corruption, it is not taken note of but when dalits do it, it gets noticed," Lekhi said and reiterated that Nandy never meant to cause hurt.

The bench said, "Why do you say something when you don't intend to convey it? It affects people all over."

Lekhi said the media reported Nandy's comments out of context and then politicians jumped in to create hysteria. The CJI asked, "Who has created it? Who is the author of the statement?"

The bench asked the respondents to file their responses within four weeks and ordered that in the meantime, Nandy would not be arrested in connection with any of the FIRs lodged following his statement at the Jaipur Literature Festival on January 26.