Bombay HC opens Haji Ali Dargah to women – Great News Bombay high court

Friday, 26 August 2016 16:11 Bar, Bench & Litigation

In a historic verdict, the Bombay high court today permitted the entry of women up to the restricted grave area of the famous Haji Ali Dargah, located on the rocks off the Worli seashore.

The ruling by a division bench comprising Justice VM Kanade and Mohite Revati-Dhere came in a Public Interest Litigation (PIL) filed by NGO Bharatiya Muslim Mahila Andolan and activists Noorjehan Niaz and Zakia Soman in November 2014.

The PIL had challenged a move by the Haji Ali Dargah Trust prohibiting women from entering the sanctum sanctorum of the shrine, built in 1431.

The shrine comprises the grave of Pir Haji Ali Shah Bukhari, a Muslim saint revered by all communities.

While permitting women to enter the restricted areas along with men, the court asked the Maharashtra government to ensure their safety and security.

Terming the ban a violation of the fundamental rights of a person enshrined in the Constitution, the judges stayed their verdict for six weeks to allow an appeal in the Supreme Court.

A trust spokesperson said they will appeal against the ruling in the Supreme Court and that the AIMIM (All India Majlis-e-Ittehad-ul Muslimeen) will also oppose the verdict.

The trust in June 2012 had barred the entry of women on the ground Islam did not allow women to touch the tombs of male saints and it was a “sin” for them to enter the area where the grave is located.

An umbrella outfit, ‘Haji Ali For All’ comprising several social and women’s groups, including NGO Bhumata Brigade, had attempted to storm the shrine on 28 April, but were stopped by the police on grounds of security.

Later, on 12 May, Bhumata Brigade President Trupti Desai, accompanied by her supporters and a posse of police, walked through the one-km narrow causeway on the Arabian Sea — accessible only during low tide — to reach the Dargah with scores of other devotees.

She followed the prevalent customs and prayed from outside the restricted area — barely four feet away from the grave — and departed a few minutes later.

At that time, the shrine trustees reiterated that permitting women upto the tomb of Pir Haji Ali Shah Bukhari would be “anti-Islam” and claimed immunity as it was a “minority trust”.

Desai is credited with successful agitations culminating in women’s entry to the Shani Shingnapur Temple in Ahmednagar and later the Trimbakeshwar Temple in Nashik, both in April this year, besides a partially successful agitation at Mahalaxmi Temple in Kolhapur.

“I welcome the historic verdict of the court today. Our agitation has been successful and the courts have recognized the equality and rights of women. We shall soon go to pray at Haji Ali Dargah,” Desai said while reacting to the high court ruling.

The Dargah was constructed in 1431 in memory of a wealthy Muslim merchant Sayyed Pir Haji Ali Shah Bukhari of Bukhara in modern Uzbekistan.

At one time, he renounced all his worldly possessions, travelled all around the world, made a pilgrimage to Mecca and finally settled in the then Bombay in the 15th century.

According to local legends, once he saw a poor woman crying over oil spilt from her vessel, afraid that her husband would thrash her.

He took the woman to the spot where the oil had spilt and jabbed his finger in the earth and oil gushed out. The happy woman filled up her vessel and went home.

Later, the saint had tormenting dreams of how he had injured the earth by his action. He fell ill and asked his followers to throw his coffin into the Arabian Sea.

He died during his pilgrimage to Mecca and the casket carrying his body miraculously was swept back to the shore of Worli and got stuck in the rocks there.

His Dargah was constructed at the same spot and on Thursdays-Fridays, it is visited by large number of pilgrims of all religions from India and abroad for the saint’s blessings.

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Every day 290 children in India are victims of crime, with trafficking, sexual violence and forced labour increasing fourfold in just two years

As India celebrates Children’s Day, crime records show kids still face a slew of daily threats ranging from trafficking, sexual violence, forced labour and early marriage.

Every day as many as 290 children become victims of crime, data shows. According to the National Crime Records Bureau, offences against kids have increased fourfold in just two years.

‘Children are among the most vulnerable groups in the country. Be it victims of sexual assault, kidnapping or murder, children below 12 years have a higher abuse rate as they are more vulnerable,’ said a police official.

A total of 89,423 crimes against children were reported in 2014. The number went up to 94,172 in 2015 and 1,05,785 the next year.

Between 2014 and 2016, the number of crimes recorded under the Protection of Children from Sexual Offences Act (POCSO) went up from 8,904 to 35,980 – a fourfold jump.

Also, there has been a steep rise in sexual offences against children, the data says.

Delhi Police crime record reveals that every week more than two children report sexual assault.

From October 31, as many as 73 cases under POCSO Act have been registered in various police stations in the Capital.

As per the recent survey conducted by humanitarian aid organisation, World Vision India revealed this May that one in every two children is a victim of sexual abuse. The survey was conducted across 26 states of the country.

This is true and sad. The Delhi Commission for Women (DCW) has been doing a ‘satyagrah’ for the last eight days. We want the Centre and the state governments to draft a law ensuring that within six months the perpetrator should be given death penalty.

‘Recently a one-and-a-half-year-old and a seven-year-old girl were raped in the Capital,’ said Swati Maliwal, chairperson of DCW.

Senior police officials said children are the vulnerable target of abusers as the victims usually fail to identify the accused and they easily escape.

Crime analysis showed that in most of the cases, the abusers had managed to gain the trust of the kids before committing the crime.

Also, in most of the child abuse cases, it has been revealed that the accused were known to the victim.

Speaking to Mail Today, Nitisha, a child rights activist said mostly such incidents remain unreported. ‘If all the cases were reported, then crime record would shoot up.’

Sources in National Commission for Protection of Child Rights said about 53% of children surveyed, confessed to having faced sexual abuse in some form or the other in their lifetime.

Source: (www.dailymail.co.uk by Chayyanika Nigam)

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Even today, women in India and also in other countries, continue to be tortured and beaten behind the closed doors of the house. Women are vulnerable to domestic violence because of the existence of orthodox ideology that they are weaker, both physically and emotionally than men. The reasons for such violence could inter alia be demand for dowry, repeated birth of girl child, refusal to have sex, indulgence in extra-marital affairs, not looking after the in-laws, higher earnings than the male counterpart, mental instability or alcoholic behaviour of the other half or infertility.

Despite of the husband exerting his commanding character, the spouse usually remains quiet and continues to bear all the pain for the reason of securing a good future of her siblings and also for the social customs existing in the society which prevents her from stepping back from such a relation.

In year 2015, 461 cases (8.2% of rise) of domestic violence were registered, of which maximum were from Bihar as per NCRB Reports. Various agencies, both public and private, have come into picture to improve the present state of affairs.

Earlier, in 1983, section 498-A was introduced into the Indian Penal Code recognising domestic violence as a criminal offence, punishable with 3 years of imprisonment and fine. Later, in 2005, the parliament enacted Protection of Women from Domestic Violence Act, which aimed to protect women against intimate partner violence. It protects the women against physical, sexual, verbal, emotional and economic abuses, irrespective of whether it is committed by the male counterpart or his relatives. This statute not only protects the women who are subject to domestic violence but also those who are likely so to be subjected. The Magistrate, under the Act, can order to provide place of stay to the aggrieved person or to pay rent or to leave the shared possession. The court can order the

Protection of domestic violence against women

officer-in-charge of nearest police station to provide protection to the aggrieved. Magistrate, while exercising its discretionary powers, can also direct the offender to pay compensation and damages for the mental torture and emotional distress or/and other monetary reliefs, consistent with the standard of living to which aggrieved is accustomed to, so as to meet the expenses incurred and losses suffered. Not only the aggrieved but also any person who apprehends such violence against some third party can also raise voice with bonafide intent.

The present day scenario is reversing as the victim is now, in many cases, is reported to have become the victimizer, making wrongful use of this Act to coerce the male spouse and also his family members.

Source: Women safety, society awareness / Girl child protection

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We are all as responsible for a child breaking the law as the child himself, and need to work towards a solution together.

Juvenile delinquency or criminal offence by children is increasing day by day. The recent few examples, such as the much talked about case of Ryan International School, where a 16-year-old boy killed a seven-year-old boy or the current case of Yamunanagar, Haryana in which an 18-year-old student killed the Principal, has shaken the nation. Before coming of age, girls and boys have less understanding of the world. Parents, friends and teachers are all responsible in some way or the other, along with the juvenile, for such violence. There are several findings to prove growing incidents of juvenile crimes. Most of them are due to low social, economical or psychological background. A few of the most common causes of juvenile delinquency are as follows:

Family:

Juvenile delinquency or criminal offence by children is increasing day by day

Family defines the overall personality of the children. It is the basic socialisation agency for the children. Children usually learn the basic concepts of good and bad from their family. It shapes their values and sets the norms of society. Within a family , the most important role is played by the parents, which is quite significant in determining a child’s behaviour. Single parent families, separated families, frequent parents conflict, lack of trust and confidence among the parents, psychological problems in parents, etc can be some of the reasons behind juvenile delinquency. Another reason can be sibling rivalry due to unequal treatment between children. If parents are unable to exhibit moral behavior, children might get motivation to do something similar.

Economic issues:

High financial aspirations of youth which are unaffordable by parents might led to involvement in criminal activities. Juveniles want to improve their status and for this purpose they sometimes choose a wrong path, leading to criminal activities.

Psychological problems:

Mental illness or other psychological problems like depression, frustration, anger showed by the parents can make a child feel low. Sometimes children adopt depression and anger from parents or elder siblings.

Social evils:

India is currently facing various social evils like ageism, sexism, racism, child labour, etc. Children and youth learn what they see in their family. In many families parents do not feel shame in encouraging child labour. Therefore, children do not understand that child labour is against society. Social problems might cause stress, due to which teens get involved in violence.

Moral issues:

Morality or ethics is one of the most important concerns among teens today. Teens should know how to respect family and other people. Some parents do not take care of their elders. This results in children inculcating same behaviour and attitude.

Parenting style also matters a lot. Parents at times punish their children for small issues. Children start disrespecting their parents and might even develop hatred for them. This leads to violence. One such example is the Greater Noida case where a 16-year-old boy killed his Mother and Sister. This was probably the result of his anger, as he was scolded by his mother for showing negligence towards studies.

The reasons might not only be the ones mentioned here. There might be many more known and unknown causes behind the same. Here are some of the solutions that might possibly lower such incidents of violence.

The Solution:

The problem is complex and growing. So, the solution also needs to be comprehensive and requires participation from all stakeholders.

Parents should instill positive values in children. Family is the role model for every child. Parents should also teach children the importance of respecting laws of society and the consequences of breaking laws. They should also make sure that children observe equality of rights, justice and condemn discrimination.

Government should support families that have poor economic status. This way they can improve their financial condition. Right to Education is one great initiative on paper but it should be implemented on ground for all children from weaker sections of society.

Racial or religious differences are also a very strong reason behind juvenile crime. It can cause several big crimes as adolescents become aggressive and they want to take revenge from the society for their unequal treatment. So, differences need to be curbed by talking and spending quality time with children.

Drug use is also a very common cause of juvenile delinquency. Parents and Teachers need to keep an observation on their children. And if they notice something, it should be bought to the attention of Parents and School so that a proper counselling could be done.

Statistics show that mental illness is one of the biggest reasons behind juvenile delinquency. Parents should spend more time with their kids. Also, teachers need to be vigilant about each child’s behaviour. Here, the importance of Parent-Principal Partnership needs to be highlighted.

Parents should also be informed about the friends of their children and other mates. If their friends commit a crime, adolescents often get encouraged by it. They cannot understand the consequences of the crime. Abusive behavior is the first step towards committing crimes. When teens become part of a gang that is abusive and that does not know how to behave and practice control, the teen also gets involved in negative means.

Parents and teachers should talk to the teens about their problems and they should try to solve their problems. They should create a healthy and friendly relationship with their children. In this way, children feel free to share anything and everything with their parents.

Society itself sometimes becomes very negative and creates difficulties for the youth. It is therefore believed to be a strong force in developing the personality of the teens. Negative feelings from the society can become a reason behind juvenile delinquency. So, the role of society is very significant. It is supposed to be fair and reasonably flexible in dealing with children. It cannot adopt a harsh approach.

Labelling can also ruin the personality of the youth and make the teen a criminal forever. Labeling means that society treats a teen criminal , once he commits a crime. Though it might be for the first time ever that he/she committed a crime. But due to the tag, he will perceive himself as a criminal. As a result of which he might repeat similar crime or other crimes in future. He will no longer feel any embarrassment in committing crimes. So, labelling a child as criminal needs to be avoided for the betterment of the child and the society around him.

To sum up, juvenile crime is one phenomenon which seems to be growing and might grow further. But there is one word solution and that solution is “Sadvidya” or Value Education in all aspects of life and behavior in the complete eco system including school and home.

Source: (www.dailypioneer.com by Kuldeep Surolia )

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Failing our children – Sexual violence amongst children is notoriously difficult to measure in India

The epidemic proportions child sexual abuse have reached in the country is a comment on where our society is heading. The sickening feeling in the pit of the stomach of every parent is about whether her child is safe from predators. Unless we change as a society we will keep on.

Child sexual abuse is an under-reported offence in India and has reached epidemic proportions, it is a universal problem with grave life-long upshots. Sexual violence amongst children is notoriously difficult to measure; there is no single source of data that provides a complete picture of this crime, but child sexual abuse is a now a widespread problem across the globe.

A survey by the United Nations International Children Educating Fund on demographic and health conducted in Indian between 2005- 2013, reported that 10% of Indian girls might have experienced sexual violence and when they are 10-14 years of age and 30% during 15-19 years of age. Overall, 42% of Indian girls have gone through the trauma of sexual violence before their teenage and it is reported that more school going children have been sexually abused in the school premises itself.

Study conducted by the Government of India reviled that over 17,220 children and adolescents are victims of sexual abuse. It further exposed that every second child in the country is sexually abused; among them, 52.94% were boys and 47.06% were girls. Highest sexual abuse was reported in Assam (57.27%) followed by Delhi (41%), Andhra Pradesh (33.87%) and Bihar (33.27%).

• 2015: 12-year-old girl raped at knife-point in a school at Budakheri village in Muzaffarnagar in;
• 2016: Thane van driver raped 2 school girls for 6 months ;
• 2017: 57-year-old founder and trustee of Andheri School in Mumbai raped a 3-year-old student on the premises;
• 2017: 7-year-old boy from Ryan International School in Gurugram, butchered by a van driver on campus;
• 2017: 40-year-old security guard of a public school in Shahdara’s Gandhi Nagar raped a 5-year-old girl inside a classroom;
• 2017: 4-year-old assaulted sexually in Bengaluru School; &
• 2017: 5-year-old girl raped in classroom of Delhi’s Tagore Public School by a peon.

It looks like India has learnt nothing whatsoever from the Nirbhaya verdict which was essentially meant to be a deterrent to rapists. Although the Protection of Children from Sexual Offences Act 2012, the Criminal Law (amendment) Act 2013, the Indian Penal Code, the Code of Criminal Procedure 1973, and the Indian Evidence Act, 1972 were formulated to effectively address the heinous crimes of sexual abuse and sexual exploitation of children, it appears that the magnitude of child sexual abuse is extraordinarily high (especially within school premises in the recent past) since the laws are not very stringent.

There is no magic wand to end this problem of sexual exploitation and abuse of children, however preventive measures can be taken to avoid this scourge especially when it happens within school a premise.

Educational institutions must be owned and run by good educationalists. ‘Quality education’ is a fundamental right to every child guaranteed by the Indian Constitution; it is also upheld by the Supreme Law of the land. Quality education includes; efficient teaching faculty, excellent infrastructure and also non-teaching specialist staff (which comprises of drivers, peons, assistants, guards etc.)

It is an open fact that certain high criteria are fixed for employing teaching faculty. On the other hand, bare minimum standards are neither fixed nor expected from that of non-teaching staff. Rapes and murders of children by non-teaching staff members are more predominant in this time and age and therefore it is the prime responsibility of every educational institution to employ staff of proficient standards.

One of the focal reasons as to why child rapes and other assaults are comparatively less aboard is primarily because of the norms that are affixed in the employment process. An educational institution demands a Federal Check Certificate from prospective employees in the United States of America.

Obtaining an International Child Protection Certificate, which is nothing but a criminal record check for people looking to work with children is made mandatory in the United Kingdom. Such practices must also be adopted in India and the Government of India must take the sole responsibility of conducting such background checks on individuals and issue certificates which must characteristically certify such a prospective employee.

The educational institutions demanding such certificates will provide reassurance to parents that they don’t employ unsuitable people with criminal record at the very least. It will indeed help to protect children from either habitual or convicted child sexual offenders looking to work with children.

Once employed, it is also the responsibility of the management to firstly train the employee and constantly monitor him/her so as to avoid any dim-witted contributions from their side. The employees must also make some pledge accordingly from committing or engaging in any untoward activities.

In this digital world, although privacy is made a fundamental right, CCVT must be fixed in every nook and corner of corridors in schools in the best interest of upholding safety and security of every school going child.

Sex education is probably the saviour of this scourge, from 2019, children will be taught about healthy adult relationships from the age of 4, and sex education will be compulsory in secondary schools in the Northern Ireland. However there are caveats, the age at which they should be taught about sex education is where perplexity arises.

Nonetheless, educational institutions must make sure that the teachers explain sex education in a way that every child understands. Enlightening a child about ‘right touch and wrong touch” can probably be the genesis. The management must also create awareness programmes for children in school, parents, faculty members as well as non-teaching staff, collectively and/or independently. A renowned educationist Prince Gajendra Babu added that ‘when sex education is introduced it must also be sensitised, in addition to this gender equity and health education must be simultaneously introduced’

A psychologist, preferably a child psychologist must be employed in every school who must solely identify potential problems in children, faculty and other staff. By doing this the psychologist can evaluate potential threats and help the institution in eradicating parasites who may perhaps engage in tampering with the life of young children. On the other hand, Prince Gajendra Babu believes that “A child is not a patient; therefore the need for a psychologist within a campus is dim and redundant, a committed, trustworthy teacher with empathy towards students will have the capacity to build confidence in every child and solve potential problems that a child may apprehend on campus”.

In this time and age, every parent is confined and focused in their respective jobs, much attention is not given to their own child very often. They either tend to worry about their past and/or their future and they never live their present as a result of which some face dreadful, but rather pitiful situations. It has to be the duty of every parent (especially the mother) to care for his or her child and to constantly watch over the child’s activities and behaviour. In the alternative, the parent must approach the child with all tenderness, affection and patience and to identify the cause for such adverse behaviour and with due diligence help and educate the child in dealing with issues pertaining to sex – education, gender equity, right touch wrong touch, health education and so on.

The archaic law that governs child rape must be buried. It is outrageous to keep rape of an adult and rape of a child on equal footing. A separate legislation or the surviving legislation must firstly classify rape broadly, as such the definition of rape must be altered. Every child rapist must be considered as a serial killer and stringent punishment should be given, a second chance must never be a choice (regardless of any remorse shown) for those unruly child rapists. Furthermore, in the name of police investigation, magisterial inquiry and so on, justice must not be denied.

In addition to this, separate courts must be established primarily to dispose of child rape and murders, such courts must also marshal those cases within a short span of time (which must also be specified explicitly). In case of admitted liability of a child rapist/murdered, punishments must be given within a span of 48 hours bearing in mind that they are targeting the most vulnerable generation. In the words of late Legend V.R. Krishna Iyer, the judiciary in India is burdened with a lot of work and therefore judgment of rape cases comes very late, sometimes it comes so late that either party has died, so there should be speedy trials in rape cases (especially in child rape cases) so that the victim gets justice since delayed justice is denied justice. To reiterate late legend V.R. Krishna Iyer’s dictum there is a pressing ‘need for socially sensitised Judges who can act as better statutory armours’ against such outrage.

More needs to be done in govt schools :

Chennai: At a time when the cases of sexual assault on children are escalating in educational institutions, the subject of ‘safety’ seems to be a bigger question ahead. Even though the Protection of Children Against Sexual Offences Act mandates schools to embrace strict safety measures, there are huge disparities in the private and government schools.

While majority of private schools are equipped with the CCTV network, such basic security measures seem to be a far cry in government schools. “There is staff on the rounds and a comprehensive CCTV network that ensure the safety of children on the school campus. Also, teachers give students a lot of comfort level that helps them to have a free discussion,” said Dr K. Mohana, principal of Modern Senior Secondary School.

Government schools, on the other hand, are deprived of any facilities. A senior staffer of the Adi Dravidar Welfare Higher Secondary School in Moulivakkam said, “There are no CCTV cameras in our school. It has to be approved by the chief education officer office.”

The concept of sex education is confined to students of high school, even though children around 4 years of age are being sexually assaulted in the country. Most of the schools, Deccan Chronicle spoke to, admitted that their counselling is mostly on suicide prevention and stress management.

“We counsel students of high school twice a year. Most of it relates to the measures to cope up with the exam tension. Sometimes, we also sensitise students about the good and bad touch, but not to students below 10 years of age,” said senior staff from the government school.

Top court, CBSE step in:

• The Supreme Court has issued notices to the Centre and states on a plea by two women lawyers seeking framing of safety conditions for protection of children in schools. A bench of chief justice Dipak Misra and justices A.M. Kanwilkar and D.Y. Chandrachud sought replies in three weeks.
• CBSE has issued notice to Ryan, saying death could have been averted. The board asked why the school’s affiliation should not be withdrawn.

Need for communication most pressing now:

Rohini (name changed) was sexually abused by her own brother in the absence of her mother Suneeta, who was working and a single parent to her two children. Even though Rohini informed her mother about the incident, she neither believed her nor took any action to check if it was true.

After two long years of abuse, Rohini committed suicide. Police interrogation revealed that Rohini was sexually abused and tortured for more than two years by her brother, who was later arrested. “I thought Rohini wanted to move to a hostel and she was giving excuses for the same. Failing to spend enough time with children, I did not try to talk to them about it. I did not know that her own brother would kill her instead of protecting her,” laments Suneeta.

In another instance, Ramani was shocked to learn that her driver assaulted her son Karthik quite often and he had informed his schoolteacher about it. Ramani saw no possibility of sexual assault of a boy and did not believe him when Karthik told her the same. Now, Ramani is leading a campaign to spread awareness against sexual harassment of men.

In spite of several such incidents of sexual harassment by men, our society still has not learnt to identify the problem early and save women. The same happens to children too because of our inability to communicate to them freely. The inhibitions of Indian society are such, say psychologists.

The scenario will change only if mothers try to talk to children early and teach them about what is ‘good touch’ and what is ‘bad touch’. When this newspaper contacted a few parents, most mothers seemed positive about educating children on sexual abuse. However, fathers are still hesitant to talk about it to their children.

Though children may be uneasy in the beginning, they should be told to report such incidents to others including friends, peers, family members and teachers if they are abused. In case of men, fathers need to sensitise boys about sexual abuse by men to their sons such as it may be easier for boys to open up to their fathers on such matters. To attain this ideal of communication is a huge challenge facing Indian society.

Don’t shy away from sex education:

The large numbers of sexual offences against children recorded in the country brings forth the need of communicating about what needs to be done to better protect the children. Sex education in India is more restricted to sanitary napkins, a lesson on reproductive system in schools, a few medical terms and about pregnancy.

The idea of sex education to reach out to the children in our society as they grow up still remains a taboo in our country. “In India, we get to know about sexual abuse of a child only if post-traumatic stress and behavioural changes are noticed, or the child is physically injured. Children fail to talk about it to their parents,” said senior psychologist Dr Vivian Kapil.

“In western countries, children are provided with sex education at the early age of six or less, whereas Indian parents and teachers are scared of talking about sex. We need to educate the child as soon as he/she is exposed to the outside world, but sex education remains a western concept for many,” he said. Sexual abuse in childhood haunts children all their life and can lead to serious consequences such as depression, anxiety, addiction and suicide, he warns.

Children in India are provided access to the television and the internet at an early age where they are exposed to nudity and violence. “The content children read or watch on Internet developing an anxiety about physical intimacy, sex, and physical changes, but parents and teachers, tending to link it to cultural and spiritual factors, hesitate to talk about it. This paves the way to miscommunication of information,” says psychologist Dr Prabhu Das.

He says that misinformation on sex not only leads to experimentation, but can push children into contemplating suicide due to guilt later. Hence, developing conversation on sexual behaviour by parents and teachers is important for healthy physical and mental growth of the children.

Source: www.deccanchronicle.com by Ms. Maffi Devadoss)

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