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Friday, October 4, 2019

Thursday, October 3, 2019

Rape victim denied compensation for turning hostile: It’s a flawed process, says lawyer

Sexual assault
TNM spoke to the survivor’s lawyer, who says the court did not take cognisance of the medical report of the rape survivor that showed sexual assault.
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On March 11, 2014, 16-year-old Malathi (name changed) did not come home from school. Her panicked father filed a missing persons complaint, and a police search party traced the girl to Nandi Hills in Karnataka. She been kidnapped and raped over a period of three days.  Malathi’s father filed a complaint against two men, aged between 20 and 25; one of them allegedly raped her and the other man allegedly took pictures of her. In May 2015, he also demanded compensation for his daughter under the victim compensation scheme. But at some point after the trial got underway, the victim turned hostile. Now, the Karnataka High Court has ruled that the victim is not eligible for compensation.  Is that a fair assessment? Malathi's lawyer says that this order does not take into account the circumstances that seemed to have forced the victim to turn hostile – circumstances that are prevelant in several cases of sexual violence. Malathi’s family lived in a village – the same one where the accused and their families lived, too. And Malathi’s family was ostracised for going to the police. “Her father passed away three years after the trial started, he could not bear the reactions and ostracisation. She had to drop out of her studies. Her mother is sick. During the investigation, even medical aid that is supposed to be given to the victim was not given. In her village, she has faced ostracisation,” Malathi’s lawyer Pushpakantha says. The case  Malathi’s complaint to the police alleged that the two men had kidnapped her and raped her under the pretext of marriage. TNM spoke to advocate Pushpakantha, who is the victim’s lawyer for the compensation process in the Karnataka High Court. She shares that during the course of the investigation, the survivor cooperated with the probe and gave her statement to the police. The report obtained by the police after her medical examination had shown rape.   The compensation process  On May 22, 2015, the victim’s father made a request for compensation for his daughter. Under NALSA’s Victim Compensation Scheme for rape victims, a minimum compensation of Rs 4 lakh, and a maximum limit of Rs 7 lakh has been prescribed. This applies to victims and their dependent(s) who have suffered loss or injury, as the case may be, as a result of the offence committed; and those who require rehabilitation.  Three members of the District Legal Service Authority – a civil and city sessions judge, a member secretary of the DLSA and an advocate – form a committee to decide the amount of compensation that is to be paid to the victim. Ideally, the process is to be completed within 60 days. However, the committee took three years to sanction a compensation – on March 24, 2018, the committee granted her a compensation of Rs 3 lakh. No compensation after years Just when the amount was to be handed over to the victim, a committee member of the DLSA wrote to the authorities stating that since the victim had turned hostile during the trial of the case, she was not entitled to the amount.  Advocate Pushpakantha points out an important loophole. “In April 2017, my client’s statement was recorded. Her father’s statement was also recorded. Based on that statement, the DLSA had first held her eligible for compensation. How did the committee then approve the amount? Did they not know already that she had turned hostile? There must have been a reason,” the advocate asks. On May 23, 2019, the DLSA set aside the order granting her compensation. Pushpakantha alleges that there must have been pressure from the accused’s family. The appeal for compensation Pushpakantha then moved the Karnataka High Court to appeal the setting aside of the order: “It is submitted that the petitioner turned hostile because of her father's emotional blackmail, disrespect in society and friends, mental agony by the relations and society and mental torture by the accused family constrained the petitioner and her father to turn hostile. It is submitted that due to this mental agony and disrespect the society meted out, her father died on 10.5.2018.” In court, the defendant’s counsel cited para 6(3) and 7(10) of the Victim Compensation Scheme to deny her compensation. Para 6(3) states: “The victim/claimant shall cooperate with police and prosecution during the investigation and trial of the case.” Para 7(10) states: “If a victim or his dependents have obtained an order sanctioning compensation under this scheme based on false/vexatious/fabricated complaint which is so held by the trial Court, the compensation awarded shall be recovered with 15% interest per annum.” Justice Alok Aradhe, who was the Karnataka High Court judge hearing the case, ruled against Pushpakantha’s appeal and refused to sanction compensation.  ‘What about medical records?’ Pushpakantha says the court did not take cognisance of the medical records of the rape survivor that showed sexual assault. “The medical records were placed as evidence before the court. Why can’t the judge convict the accused on the basis of the medical report?” Pushpakantha asks.  “The Supreme Court has laid down guidelines for compensation. The aim of the scheme itself is rehabilitation. In fact, the High Court judgment points out that ‘The order passed by the State Legal Services Authority appears to have been passed without affording an opportunity of hearing to the petitioner,’ but then goes on to say ‘the principles of natural justice have no application.’ If the judiciary does not give natural justice, who will?” Pushpakantha asks.  The lawyer now plans to file another appeal before a division bench of the Karnataka High Court seeking proper compensation for her client. 
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Columnist vs Sadananda Gowda on Twitter: Discontent over flood relief delay spills over?

Controversy
Sadananda Gowda claimed that he did not block him but the same was due to the global outage Twitter faced on Wednesday.
Union Minister for Chemicals and Fertilizers DV Sadananda Gowda on Wednesday stirred controversy after he seemingly blocked columnist Chakravarthy Sulibele on Twitter allegedly for slamming PM Narendra Modi for the delay in central relief for Karnataka flood victims.    Thank you!! pic.twitter.com/AcYviECDSj — Chakravarty Sulibele (@astitvam) October 2, 2019 On Monday, the minister criticised those who had spoken out against the Central government's delay in releasing funds, and noted that a report had been prepared and submitted to Finance Minister Nirmala Sitharaman. He added that short-term and long-term funds would be released by the Centre soon. The Bengaluru North MP, however, faced flak on Twitter for this. Sadananda Gowda then tweeted saying that some people were spreading false news and misleading the public. "In flood affected states, reports for immediate relief, mid-term and long term relief have been prepared by Finance Minister Nirmala Sitharaman," he said. To this, on Wednesday, Chakravarthy tweeted to the minister, "Lol! This man came now. @DVSadanandGowda I feel bad for those who believe that the people of North Karnataka are being misled. Do not forget that your ministership is the alms given by the people to you. Which of these is a solution to releasing funds for flood relief?" Two hours later, the columnist tweeted a photo of the apparent block. Lol! This man came now. @DVSadanandGowda ರೆ, ನೊಂದಿರುವ ಉತ್ತರ ಕರ್ನಾಟಕದ ಜನರನ್ನು ದಾರಿ ತಪ್ಪಿಸುವವರು ಎನ್ನುವಷ್ಟು ಧಾರ್ಷ್ಟ್ಯ ತೋರಿರುವ ನಿಮ್ಮ ಬಗ್ಗೆ ನಾಡಿಗೇ ಕನಿಕರವಿದೆ. ನಿಮ್ಮ ಮಂತ್ರಿಗಿರಿ ಜನರ ಭಿಕ್ಷೆ ಎನ್ನುವುದನ್ನು ಮರೆಯಬೇಡಿ. ಪ್ರವಾಹ ಕಳೆದು ಜನ ಬದುಕು ಕಟ್ಟಿಕೊಳ್ಳುವ ಕಾಲಕ್ಕೂ ಬರದ ಪರಿಹಾರ ಯಾವ ಪುರುಷಾರ್ಥಕ್ಕೆ? https://t.co/vykCBoDDn5 — Chakravarty Sulibele (@astitvam) October 2, 2019 When Vishweshwar Bhat, the editor of Kannada daily Vishwawani, asked about the seeming block on Twitter, Sadananda Gowda claimed that he did not block Chakravarthy, but instead appeared to blame the global outage that Twitter faced on Wednesday. Sadananda Gowda said, “Why should I block anyone, sir? It’s democracy everyone has right to express what they feel but there is a way to express. Just for info - Tweets were not working 3-4 hrs today during a day.” Dear @DVSadanandGowda : It’s not fair on your part to block Soolibele. He has raised a pertinent point. Moreover he has every right to question Karnataka BJP MPs. You should not forget that he was also instrumental in getting BJP candidates elected to Lok Sabha. @astitvam pic.twitter.com/YJCRFg1WV7 — Vishweshwar Bhat (@VishweshwarBhat) October 2, 2019 Later speaking to reporters, Sadananda Gowda said, “Someone is sitting and tweeting that the government is giving alms, and the ministers and 25 MPs from Karnataka are doing nothing (for flood relief). The people who are saying this want to build this country on words but they are wrong. Gandhi said those who spread fake news are anti-national and people like this are part of this brand. They are tweeting and provoking people but are not involved in practical solutions. This is hurtful." This development comes at a time when the Centre is facing criticism from the Congress, JD(S) and farmer groups, as well as a simmering discord among BJP leaders and supporters, over the lack of flood relief. Read: Congress, JD(S) criticise PM Modi for lack of flood-relief funds for Karnataka MLA Basangouda Patil Yatnal was the first among the BJP leaders to raise his voice on the matter on Tuesday after he reacted to PM Modi promising central aid to Bihar, which is reeling under floods currently.  Speaking to reporters, he had said, “Even after the state suffered devastating floods, Modi didn’t tweet for us, but he did for the people of Bihar. People will ask if Modi tweeted for Bihar just because elections are approaching there. Is this what people get for voting the BJP? The party should take it seriously. Or else, it will lose its ground in south India.” Read: ‘Even K’taka suffered floods, why give relief only to Bihar’: BJP MLA questions Centre
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Money laundering case: DK Shivakumar’s brother DK Suresh questioned by ED

Crime
Meanwhile, the special court which denied Shivakumar bail on October 1, has granted the Enforcement Directorate permission to interrogate him across Thursday and Friday.
File image/PTI
Bengaluru Rural MP DK Suresh, who is the brother of former Minister DK Shivakumar, on Wednesday appeared before the Enforcement Directorate (ED) in connection with the money laundering case. The questioning comes as Shivakumar remains in jail for a month after being arrested by the central probe agency on September 3 in connection with the same case against him. Sources said that Suresh would be questioned on the alleged hawala transactions to the Congress high command and also about the meteoric rise of his personal wealth.  In his election affidavit before the 2019 Lok Sabha polls, Suresh had declared that his assets have grown close to four times in the last five years. While his assets were valued at over Rs 85 crore in 2014, his affidavit for the upcoming elections states that his wealth is now approximately Rs 338 crore.  Read: With assets worth Rs 338 crore, DK Suresh’s wealth quadrupled in 5 yrs Meanwhile, the special court which denied Shivakumar bail on October 1, has granted the Enforcement Directorate permission to interrogate him across Thursday and Friday. He had been in ED’s custody for two weeks initially and on September 17, he was remanded to judicial custody.  Shivakumar has been on the radar of the Income Tax Department and the ED since demonetisation in 2016. An Income Tax search at his New Delhi flat on August 2, 2017, led to the seizure of unaccounted cash worth Rs 8.83 crore. Thereafter, the I-T Department lodged cases against the Congress leader and his four associates under Sections 277 and 278 of the Income Tax Act, 1961, and Sections 120(B) ( criminal conspiracy), 193 (Punishment for false evidence) and 199 (False statement made in declaration which is by law receivable as evidence) of the Indian Penal Code (IPC). The ED has also questioned DK Shivakumar’s daughter Aisshwarya and Belagavi Rural MLA Lakshmi Hebbalkar in connection with the case. Incidentally, according to Shivakumar’s affidavit submitted to the Election Commission ahead of the Assembly elections in 2018, his daughter Aisshwarya owned assets of Rs 108 crore compared to only Rs 1.09 crore in 2013. Shivakumar, however, clarified that Aisshwarya was not dependent on his income and that he was still declaring her assets as per the Representation of Peoples Act.  
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‘Want to contribute in a non-political way': Ex-Dakshina Kannada DC Sasikanth Senthil

This was the former DC of Dakshina Kannada Sasikanth Senthil’s first public appearance after resigning.
Ruling out political innings, former Deputy Commissioner of Dakshina Kannada Sasikanth Senthil said although he has resigned, both the state and the union government are yet to give an official endorsement to his resignation. He was speaking at a programme in Mangaluru city on Wednesday and this was his first public appearance after resigning. The former IAS officer said he had taken the right decision of resigning from the post.  “Like I said earlier, it was purely a personal decision. It was a very personal thing, it was a national thing, connected with national sentiment that made me to resign,” he said. Speaking at a symposium on 'Baapu and Nationalism' at the 150th birth year celebrations of Mahatma Gandhi in the city, Senthil said that the present was a testing time for ordinary people where one is asked to prove his or her patriotism at every phase. “Why are some people forced by others to say ‘Bharath Matha Ki Jai?’ After 10 years of serving the Indian government, I have been called an anti-national for resigning from service,” he said Citing the example of how Mahatma Gandhi withdrew the civil disobedience movement following the Chauri-Chaura incident, Senthil said it was such nationalism that was the need of the hour.  “In the present circumstances we are in need of the Gandhian way of ‘Nationalism’ that was based out of truth and ahimsa (non-violence). “Gandhi never propagated violence for a national movement or to promote nationalism. It is the same reason why, following the departure of the British, there was global endorsement to Indian Independence,” he said. On being asked his take on Prime Minister Modi being hailed by the ‘father of the nation’ by a section of his supporters, Senthil said that although people talk a lot about Gandhi, he believed that given the sacrifices and struggle of Gandhi for humanity, not many have lived up to the status (standards) set by him.  Senthil said that personally he believed that the legacy set by Gandhiji was unparalleled. ”However, there are different people with different views on certain matters. What they think or whom they think (is the father of the nation) is left to them and they are entitled to their opinion,” he said. He said given that he had a lot of time at his disposal and following his resignation, he is mulling on contributing to society in non-political way.  “I am meeting people, trying to understand the grass root-level issues and the people’s problems. When I was a DC, people used to maintain a distance from me. Now I am anonymous, in the ground. Being nobody and anonymous, I can learn a lot and understand things better. It will only enrich my experience,” he said. He added that although he has submitted his resignation, the government is yet to accept the same. “I don’t know within what framework the process will be completed, accepting my resignation is left to the government,” he said. He also said that given the fact he has stayed in Bengaluru for a long time, he will continue his domicile in Karnataka. “Of course, wherever the issues of people, I will be there. Now I am more equipped to do good work. I can write study and interact with people, express and influence the government,” he said. While reiterating that there was no pressure on him during his tenure as the DC of Dakshina Kannada, he said that he stuck to every word that he had put in his resignation letter. He also added that the resignation was not forced on him, so there is nothing negative about my departure.  “It is just that I felt that I can be of better use for many things.”  But he added that he could not endorse the All India Service (AIS), with whatever is currently going on at the national level, on moral grounds. “Simply put, if someone is hurt on the road, it’s a moral obligation to help him – if you are unable or disallowed to help, then it’s up to oneself to make a choice. I think I have made the right choice. I am entering into a better space (post resignation),” he said. Story by Story Infinity (Subs and Scribes Media Ventures LLP.)
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False ceiling in Bengaluru metro station falls off, no injuries reported

Accident
In the past, there have been many instances of rainwater seeping through the stations.
Screengrab
In what was a major scare for some passengers of the Namma Metro in Bengaluru, a false ceiling fell off at the National College Metro Station in Bengaluru on Monday evening. The issue came to light as a CCTV footage of the incident went viral on social media platforms by Wednesday.  The video shows part of the false ceiling coming down while three women were trying to make their way through the automatic fare collection gates towards the platform. As part of that, a fallen brick has damaged part of the gate as well. Fortunately, no one was injured in the mishap.  “One of the bricks in the 70cm-high wall constructed between the platform deck and track bed got loosened and fell on the false ceiling. The track side has plastering while the platform side doesn’t have it due to less access. Therefore, the brick got loose and collapsed due to vibration caused by train movement,” Bangalore Metro Rail Corporation Limited   (BMRCL) Managing Director Ajay Seth (IAS) told The Times of India. “The wall is not part of any structural part and hence there is no issue regarding safety to the structure. To prevent such occurrence in the future, the un-plastered side has been covered by mild steel sheet permanently. Other stations are also being checked for preventive measures,” he added. However, this is not the only such incident that has come to light off late with he city’s metro.  While there were defects in the overhead rail bridge near Trinity Circle in 2018-end due to a honeycomb formation, there have been multiple instances of rainwater seeping through to underground stations.  In one of the most recent such incidents, officials at the Byappanahalli Metro Station had to keep buckets in place to collect the rainwater seeping through the roof.
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