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Crimes against Women by our Honourable Law Makers!

 

Analysis of MPs/MLAs with Declared Cases Related to Crimes against Women

 

 

Dear friends,

Association for Democratic Reforms (ADR) and National Election Watch have analyzed 4845 out of 4896 election affidavits of current MPs and MLAs. It includes 768 out of 776 affidavits of MPs and 4077 out of 4120 MLAs from all the states of India.

For complete report with details of IPC sections related to crimes against women declared by sitting Rajya Sabha, Lok Sabha MPs and Members of Legislative Assemblies, please refer to:  https://adrindia.org/content/analysis-mpsmlas-declared-cases-related-crimes-against-women-1

Summary and Highlights

  • Out of 1580(33%) MPs/ MLAs analysed with declared criminal cases, 48 have declared cases related to crimes against women.

 

  • Among these 48 MPs/MLAs with declared cases related to Crimes s against women, 45 are MLAs and 3 are MPs.

 

  • 327 candidates analysed who had declared cases related to crimes against women, were given tickets by recognized political parties.

 

  • 118 independent candidates analysed with declared cases related to crimes against women had contested for Lok/Rajya and state assembles’ elections in last 5 years.

 

  • Among these candidates, 40 candidates were given tickets by parties for Lok Sabha / Rajya Sabha elections. Various recognized parties have given tickets to 287 candidates with cases related to crimes against women for state assemblies’ elections.

 

  • In the last 5 years, 18 independent candidates with declared cases related to crimes against women contested in the Lok Sabha/ Rajya Elections. Similarly, 100 independent candidates with declared cases related to crimes against women contested in the state assemblies’ elections.

 

  • Among the states, Maharashtra has the highest number of MPs/ MLAs i.e. 12, followed by West Bengal with 11 , Odisha and Andhra Pradesh each with 5 MPs/MLAs who have declared cases related crimes against women.

·    Among the states in the last 5 years, Maharashtra has the highest number of candidates i.e. 65, followed by Bihar with 62 and West Bengal with 52 candidates who were given tickets by political parties even though they have declared cases related to crimes against women in their affidavits.

·  Among various recognized parties, BJP has the highest number of MPs/ MLAs i.e. 12, followed by SHS (Shiv Sena) with 7 and AITC (All India Trinamool Congress) with 6 MPs/MLAs who have declared cases related crimes against women.

  • Among the major parties in the last 5 years, 47 candidates with declared cases related to crimes against women were given tickets by BJP. The second highest number of candidates, i.e. 35 who had declared cases related to crimes against women were given tickets by BSP, followed by 24 candidates from INC who had declared cases related to crimes against women who had contested for Lok/Rajya Sabha and State Assemblies Elections in last 5 years.
  • Following are 3 MLAs who have declared have declared cases related to rape :
  • Gonuguntla Suryanarayana from TDP who has won from Dharmavaram constituency in Andhra Pradesh (2014)
  • Jethabhai G.Ahir from BJP who has won from Shehra constituency in Gujarat (2017)
  • Gulab Yadav from RJD who has won from Jhanjharpur constituency in Bihar(2015)
  • In the last 5 years, recognized parties have given tickets to 26 candidates who had declared cases related to rape.
  • In the last 5 years, 14 independent candidates with declared cases related to rape have contested for Lok/Rajya Sabha and State assemblies’ elections.

Recommendations of ADR

 

All major political parties give tickets to candidates with cases of crimes against women especially rape and therefore hindering the safety and dignity of women as citizens. These are serious cases where charges have been framed and cognizance have been taken by the courts. Hence, political parties have been in a way abetting to circumstances that lead to such events that they so easily but vehemently condemn in Parliament’. ADR and NEW strongly recommends that:

  • Candidates with a serious criminal background should be debarred from contesting elections.
  • Political parties should disclose the criteria on which candidates are given tickets.
  • Cases against MPs and MLAs should be fast tracked and decided upon in a time bound manner.

    Contact Details

     

    National Election Watch/Association for Democratic Reforms

     

    Media and Journalist Helpline

     

    +91 80103 94248

    Email: adr@adrindia.org

    Maj.Gen. Anil Verma (Retd)

    Head

    National Election Watch,

    Association for Democratic Reforms

    011 4165 4200,

    +91 88264 79910

    adr@adrIndia.org,

    anilverma@adrindia.org

    Prof Jagdeep Chhokar

    IIM Ahmedabad (Retd.)

    Founder Member,

    National Election Watch,

    Association for Democratic

    Reforms

    +91 99996 20944

    jchhokar@gmail.com

     

    Prof Trilochan Sastry

    IIM Bangalore

    Founder Member,

    National Election Watch,

    Association for Democratic Reforms

    +91 94483 53285

    trilochans@iimb.ernet.in

     

 

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Is Modi afraid of NGOs?

Why Narendra Modi shouldn't be afraid of NGOs

 

Prime Minister Narendra Modi sees enemies all around him, and non-governmental organisations or NGOs are high up on his list. Just a few days ago, at a farmers rally organised by the Bharatiya Janata Party in Bargarh, Odisha, Modi said that NGOs were conspiring to defame him and bring down his government.

NGOs (like black marketers in the chemical fertiliser industry), he said, were robbing and destroying the nation and were “morning and evening conspiring to figure out how to finish Modi, how to remove Modi’s government, how to dishonour Modi”. The prime minister added that efforts aimed at forcing NGOs to account for the money they receive from abroad had turned them against his government.

Modi’s antipathy to non-governmental organisations is of long standing. A speech he made on the subject in 2006 sets out his view. Like many others he sees charitable work like feeding the poor, maintaining cow shelters, housing pilgrims, organising blood donation camps, as honourable social work. Registered NGOs are, however, “monkey traders” who jump from one issue to the next following the funding. He specifically singles out organisations receiving foreign funds as self-serving businesses in his 2006 speech:

“Funds are obtained from abroad, an NGO is set up: a few [media] articles are commissioned, a PR firm is recruited and slowly, with the help of the media, an image is created. And then awards are procured from foreign countries to enhance this image. Such a vicious cycle of finance – activity – award is set up and once they have secured an award, no one in Hindustan dares raise a finger no matter how many failings of the awardee”.

Tilting at NGOs

There are many who will agree with Modi that there must be better regulation of non-governmental organisations, that there are many that follow the money and even some that exercise disproportionate influence over government policy. But most will wonder why the prime minister of India is tilting at NGOs.

The foreign money NGOs receive is small change in an economy the size of India’s. Home ministry figures show that in the period 2011-’12, the total inflow of foreign funds to organisations registered under the Foreign Contribution (Regulation) Act or FCRA was Rs 11,546.3 crore. More than half of this (approximately Rs 6,000 crore) was for religious organisations, two-thirds of which was spent on education, training and maintenance of priests, preachers and religious schools. Compare this to the Centre and states budgeted expenditure on just education for 2012-’13 which is Rs 4,03,236.5 crore.

Among the recipients of foreign funding are myriad non-governmental organisations affiliated to the Rashtriya Swayamsevak Sangh, the BJP’s ideological guide. With the BJP in power, these organisations exert considerable influence on government. While the prime minister talks of NGO conspiracies to do him in, the RSS systematically collects information about such organisations in areas in which it is active. At the moment, the Vanvasi Kalyan Parishad, the RSS body working with tribal communities, is conducting a survey of grassroots-level NGOs working in the tribal sub-plan areas of Rajasthan. The survey is designed to collect detailed information on whether these non-governmental organisations agree with the RSS view on key issues or not.

Like previous governments, this one too relies on NGOs to implement many of its social development programmes at the grassroots. A conservative estimate puts the government’s grants to the NGO sector at Rs 1,000 crore. In fact, NGOs are an acknowledged part of Modi’s pet projects like the Swachh Bharat programme. NGOs are also the go-to people for ideas and project implementation in most social-development related ministries.

But NGOs that irk the prime minister the most seem to be the ones acknowledged abroad as doing good work. This is curious given Modi’s own love for being feted in foreign countries. To help his case against these as-yet-unnamed NGOs, the prime minister has a handy Intelligence Bureau report that says exactly what he does. The report, a re-issued, slightly edited old bureau report on NGOs commissioned by the UPA government includes a verbatim extract from Modi’s 2006 speech on NGOs quoted earlier.

Seeking transparency?

Since the IB report was published, the government has cancelled the registration of nearly 10,000 NGOs under the Foreign Contributions (Regulation) Act 2010. NGOs like Greenpeace and funding bodies like Ford Foundation and Caritas have had restrictions placed on their functioning in India too. The government has also targeted human rights defenders, among them former additional solicitor general Indira Jaising’s Lawyers Collective.

The home ministry, which is the ministry responsible, said that its endeavour was “to bring in transparency and accountability while ensuring national security”. National security’s obverse is anti-national activity. The government has signalled that its definition of anti-national activity includes people’s dietary preferences, student protests, the demand for justice for victims of communal riots or anything that is critical of the government or outside the belief system of the Sangh Parivar.

As the Jat quota agitation unleashed violence in Haryana, and the periphery of Delhi, Modi was telling people in Odisha, “morning through night there is turmoil around me, some people are constantly trying to get at me.” The NGOs, he said, had “all got together saying ‘Modi ko maro, Modi ko maro’” (pull Modi down, pull Modi down).

When the prime minister singles out NGOs as the cause of his troubles, is he setting up straw men to knock down, or does his government’s persecution of those who disagree with it suggest something rather more calculated? Only time will tell.

https://scroll.in/article/804152/why-narendra-modi-shouldnt-be-afraid-of-ngos

 

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Men’s NGO plea on marital rape!

 

An NGO’s plea in the seeking to make marital an offence was today opposed by another NGO, run by a group of men, which said that married women have been given adequate protection under the law against sexual by their husbands.

claimed that exception in Section 375 of the IPC, which says intercourse or a sexual act by a man with his is not rape, is “not unconstitutional” and setting it aside will create more injustice.

It was opposing the petitions filed by and the All Democratic Women’s Association, which have challenged the constitutionality of Section 375 (which defines rape) of the IPC on the ground that it discriminated against married women being sexually assaulted by their husbands.

A bench of Acting and Justice C posed various questions to the trust’s representatives, who were made intervenors in the matter, and asked whether their stand was that a husband has a right to perpetrate sexual offence on his and could he force sex on his spouse?

To this, NGO Men Welfare Trust’s representatives and replied in the negative and said there were existing provisions, including domestic law, harassment to married woman, unnatural sex, which provide adequate protection to a against sexual committed by the husband.

However, no such protection is given to husbands as laws in are gender specific, unlike in most parts of the world, they argued.

When said that by a husband and a third person cannot be put on a same pedestal, the bench shot back, saying “a is a Is it that if you are married, it is okay but if you are not, then it’s a If an uncle or grandfather sexually assaults a woman or a girl, it is covered under the offence of


The arguments remained inconclusive and will continue on April 16, the next date of hearing.

Earlier, Kolkata-based NGO Hridaya had also opposed the plea to make marital an offence, saying consent for physical relations is for all time when a person enters the institution of

The high court had earlier agreed to examine the issue raised in PILs by Karuna Nundy, who represented and the All Democratic Women’s Association, and a man and a woman, who have sought striking down the exception in the Indian that does not consider sexual intercourse with a wife, not less than 15 years of age, as

The petitions have also sought setting aside of the exception in the law that protects husbands, saying that it violates the right to equality, freedom and to live life with dignity provided under the Constitution.

The had said that quashing the protection husbands enjoy against prosecution for marital would lead to “creation of an offence”, which is a legislative job and courts cannot create or legislate an offence, which would be the inevitable outcome of striking down of the exception in the IPC.

The Centre has opposed the main petitions saying marital cannot be made a criminal offence as it could become a phenomenon which may destabilise the institution of and an easy tool for harassing the husbands.

 

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NGO Shakti Vahini’s success against Honour Killings!

SC rules against Khap Panchayats, 'Khaps can't interfere in marriages'
NEW DELHI: The Supreme Court on Tuesday frowned on honour killings and ruled any attempt by informal institutions such as khap panchayats to end a marriage between consenting adults is illegal as it violates their fundamental right to choice and dignity. It ordered authorities to take steps to protect inter-caste and inter-religious couples from honour crimes.
“Assertion of choice is an insegregable facet of liberty and dignity. When the ability to choose is crushed in the name of class honour and the person’s physical frame is treated with absolute indignity, a chilling effect dominates over … the society at large,” a bench led by Chief Justice Dipak Misra said.
The court asked central and state governments to take preventive, remedial and punitive steps to deter khaps from taking the law into their own hands.They must provide protection to inter-caste and inter-religious couples.

The police chief in each district should oversee the safety of such couples and take the assistance of the court to make preventive arrests to save them from harassment, the court said. There should be dedicated courts to deal with honour crimes and 24-hour helplines for couples to seek assistance, the court said, while directing all states to file compliance reports within six weeks.

The ruling will hold till a law is passed on dealing with honour crimes. The top court was dealing with a public interest litigation filed by NGO Shakti Vahini, which drew its attention to honour crimes prevalent in several parts of the country. At least 288 such cases were reported from Haryana, Punjab, Himachal, Delhi, UP and Bihar and other states between 2014 and 2016, the NGO said.

Feudal perceptions such as clan, caste and honour have to melt into oblivion, the court said in its ruling. “…any kind of torture or torment or ill-treatment in the name of honour that tantamount to atrophy of choice of an individual relating to love and marriage by any assembly, whatsoever nomenclature it assumes, is illegal and cannot be allowed a moment of existence.”

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N.G.O Scans Heart of Punjab Police.

Punjab Inspector General of Police, Ms. Gurpreet Deo lead his team for a Heart Care Camp organised by NGO Disha – The Harbinger of Social Change & Development in collaboration with Kare Partners heart centre Chandigarh  at the Sector – 9 Police Headquarters. The Two – Day camp concluded here today.

 

Smt. Simrit Joshan, President and Smt. Lata Dua Secretary of Disha NGO along with the team of Doctors and Technicians from Heart Kare Partners including Gauravjit Singh operation head at  kare partners Dr. Ashootosh Bhardwaj, Dr. Gurpreet and Subash Dadwal with his team; conducted E.C.G and other blood tests of over 200 police personnel, during the two days of the camp.

 

The exercise was undertaken as a preventive measure to create awareness of proper care of heart diseases caused due to sedentary lifestyle and precautions to avoid chronic disorders. The good health of a policeman ensures efficiency and better services to the community.

 

Ms. Gurpreet Deo, IG hoped to extend such programs to the other establishments as well, all over the state.

 

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World Social Work Day Celebrated at Panjab University.

 

“Professional Social Workers’ primary role is to bring about Social Change”, said Dr. Sherry Sabbarawal, Chairperson of the Centre for Social Work, Panjab University, while Inaugurating and delivering a Keynote address on the World Social Work Day Celebrations, organised in collaboration with NGO Disha – The Harbinger of Social Change & Development at Panjab University today.

Dr. Monica Munjial presented the Historical perspective of Social Work in India. Smt. Simrit Joshan, president of Disha along with the Chief Guest felicitated the volunteers, donors and supporters, associated with NGO Disha, during the year in organizing various activities like Summer Camp for Children, Health Camps, Awareness Programs; Reading and Recording audio books for the blind; and providing a helping hand to the Disabled as support; were distributed Certificates of Appreciation on this occasion.

A large number of students from the Punjab Engineering College University, Research scholars, Post Graduation Students and Students of Indira Gandhi National Open University took active part in the knowledge sharing session on Professional Social Work and Philanthropy.

 

 

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Why middle class India hates NGOs

World NGO Day, February 27, though observed by several agencies and institutions across the globe is yet to adopted as an international day by the United Nations General Assembly.

However, even if it were, middle class India would at best have mixed views about dedicating a day to acknowledging and celebrating the work NGOs do. For, the middle class-NGO engagement is complicated and has a chequered history.

Until the late 1980s, middle class Indians did not particularly mind NGOs, unless its own progeny decided to commit career suicide by joining one. NGOs operated in the peripheral visual field, in villages and slums, and did things it felt petty to question. Organising health camps, teaching children, promoting handicrafts, distributing relief, etc. Orbital overlaps were few – mostly when a donation-seeker appeared at the doorstep – and vaguely amiable. Save for Emergency-era movements, news of NGOs skirmishing with authority was rare, and seen as a little release of steam, nothing to be unduly perturbed about.

A number of coherent and strident voices, most headline-grabbing of who was Medha Patkar and the Narmada Bachao Andolan, would change all that. Punching much above their numerical strength, this new breed of NGOs refused to stick to traditional niches and was not to be limited with roles in implementing government programmes either; they were challenging the development paradigm itself.

Patkar and Co, for example, went beyond the fairness of resettlement and rehabilitation packages and questioned the raison d’etre of big dams themselves. NGOs had asked inconvenient questions of the government before too, but this was qualitatively different.

A sub-group, small but forceful, had discarded the gloves and was itching for proper battle.

Always wary of disaffection spread and not as clueless as the middle class about the NGO power, the government retaliated with anti-NGO propaganda. A small group of mischief-mongers was blocking India’s progress march with moral and financial support from foreign powers, it alleged.

Surely, it was anti-development to protest projects meant to deliver power to homes and factories and water to fields and, surely it was treasonous to whine about the nation’s problems in international fora.

Redistribution of government largesse and international embarrassment are among the middle class’s top fears in any context. Unsurprisingly then that this anti-NGO propaganda found greatest resonance among it.

More negative shades came to be added to the portraiture in time.

With new fangled ideas of participation gaining currency in the 1990s and its own personnel not really queuing up for the task of cajoling communities, the government had been prompted to envisage greater roles for NGOs in local planning and implementation.

However not all “partner” NGOs were keen to settle into contractor-type arrangements (read shady quid pro quos) and a handle was needed over them too. So, programme guidelines were drafted such that there was no ambiguity on who was wearing the pants in the government-NGO relationship, and an entire list of sticks assembled to wave as needed.

If NGOs confined themselves to a small area, they lacked scale; if they expanded, they were creating empires. If they developed “models”, they were naïve; if they emphasised nuancing implementation approaches to local contexts, their work lacked replicability.

If they invested too much in community-level processes, they did not understand urgency and lacked outcome orientation; if they invested less in community-level processes, they were taking short-cuts.

For middle class Indians, which had already made the journey from seeing NGOs as woolly-headed do-gooders to development saboteurs, the spin about NGO ineptitude and corruption was easy to accept.

To be accurate, the NGO sector is far from perfect and corruption within it is a genuine problem, but it is clear that a blinkered middle class has focussed largely on the darker end of a large colour spectrum. And the shades have only darkened in these hypernationalistic times.

At the heart of middle class Indians’ contempt for NGOs lies the fear that NGO action may at some point in time achieve the re-setting of power balances and the re-ordering of development priorities it aspires to.

Forward movement on agendas of women’s empowerment, environment, right to information, etc have already confirmed the threat.

The most telling evidence of the middle class Indians’ fears of privilege usurpation lie in its positive image about the new generation corporate philanthropies and foundations – places where the work has the flavours, in some senses, of the old school NGO. Useful work such as building toilets, planting trees, heritage protection, skill training and research happens, but it is work located within a framework set – and consented to – by the elite.

Nobody is washing the nation’s dirty linen abroad. Nobody is losing it in anger. It is all very gentle, very “civil”. Just people like us giving back what we feel ready to give back.

Meanwhile, the fight for a fundamentally better world is happening in messy spaces we have shut ourselves to.

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Actor Salman Khan’s NGO facing blacklisting!

 

Bollywood star Salman Khan’s Being Human Foundation, a charity outfit that works for the underprivileged in the education and healthcare sectors, is likely to be blacklisted by the Brihanmumbai Municipal Corporation (BMC) for not operating a dialysis centre in Bandra.

After issuing two show-cause notices to the NGO last month, the BMC’s health department is now in the process of blacklisting it.

When contacted, an official with Foundation, who did not want to be identified, said: “We do not wish to say anything.”

Dr Padmaja Keskar, BMC’s executive health officer, confirmed that the Foundation is being blacklisted as it has done nothing to start operations at the centre, which has been lying closed and unused since it was set up and handed over to the NGO in 2016. The centre is supposed to offer the medical facility to citizens at minimum cost.

In July 2016, following a tendering process, the NGO was allotted a 250 square metre space at Bandra’s St John Road to run 24 dialysis machines in a public-private partnership basis. “The project was never been implemented. After we sent them a reminder last December, the Foundation responded saying it cannot run the dialysis centre owing to some difficulty,” said Keskar. “We will now issue a notice to blacklist the Foundation.”

The BMC sent two letters to the Bollywood actor’s NGO, on January 6 and January 18, warning the organisation that it would be blacklisted for “showing negligence” after bidding for the project.

As there has been no positive response, the BMC is now refloating tenders for the dialysis centre. Once the Foundation is blacklisted, it cannot bid for the same project again.

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NGO – Justice Sunanda Bhandare Foundation seeks Directives on RPD Act – 2016

Persons with disabilities enjoy a day out at Elliot's beach in Chennai on December 3, 2017.

 

The Supreme Court on Thursday asked all states and union territories (UTs) to implement within three months, the 2016 Act on the rights of persons with disabilities.

A division bench of Justice Arun Mishra and Justice S Abdul Nazeer asked states and UTs to file reports regarding compliance of provisions of the Rights of Persons with Disabilities Act 2016.

The court’s order came on a plea filed by the Justice Sunanda Bhandare Foundation seeking direction to the Central government and all states to implement the 2016 Act.

During the hearing, Advocate Manali Singhal, appearing for the foundation told the court that Uttar Pradesh, Karnataka, Haryana, Uttarakhand and Lakshadweep have filed affidavit stating compliance of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. However, the court had sought compliance of 2016 Act.

In 2016, amendments were made in Persons with Disabilities Act, 1995 and the apex court had asked states and UTs to implement provisions of new Act.

As compared to the 1995 Act, various new provisions have been included in the 2016 Act and it has expanded the horizon of the rights of such persons, Singhal said.

The apex court had last year asked states to “scrupulously” follow the 2016 Act on the rights of persons with disabilities.

The court had said that 2016 Act is a “sea change in the perception” and exhibits a march forward look with regard to persons with disabilities and roles of state governments, local authorities, educational institutes and companies are given there.

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NGO allowed to receive foreign funds

The Ministry of Home Affairs (MHA), which cancelled the FCRA licence of the Public Health Foundation of India (PHFI), the country’s largest public health advocacy group last year, has now allowed the NGO to receive foreign funds by “prior permission.”

Its notification said the Ministry of Health and Family Welfare has contributed Rs. 65 crore towards the corpus fund of the foundation for setting up Indian Institutes of Public Health from its budget.

The notification also said that PHFI had been running five such institutes and working with several State and some departments of the Central government to execute some health projects. To allow such projects to continue, the MHA said, “PHFI shall have to obtain prior permission before acceptance of each contribution.”

The notification also said that PHFI should utilise such foreign contributions lying unused in its bank accounts strictly in accordance with the Foreign Contribution Regulation Act (FCRA), 2010.

The NGO was barred from receiving foreign funds on the ground, among others, that it used foreign contributions to lobby parliamentarians, the media and the government on tobacco control issues, which “is prohibited under the FCRA.”

The Bill and Melinda Gates Foundation (BMGF) is a major contributor to the NGO.

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