Latest news with #Nirbhaya
The Hindu
3 days ago
- Politics
- The Hindu
How do internal complaints committees work?
The story so far: A young student's self-immolation at a college in Balasore, Odisha has put the spotlight on the Internal Complaints Committee (ICC) which failed to validate her complaints of sexual harassment against her head of the department. The victim's family has claimed the members of the ICC were not trained adequately and that the environment in the college and within the ICC was biased in favour of the accused. What is the law behind the ICC? The Supreme Court first called for complaint committees to be set up in its 1997 judgment in response to a petition filed after Bhanwari Devi, a social worker in Rajasthan, was gang-raped when she tried to stop a child marriage. The Court provided basic definitions of sexual harassment in the workplace, and guidelines to combat it. Known as the Vishaka Guidelines, they called for an appropriate mechanism to be created by employers to ensure time bound treatment of complaints of sexual harassment. It said that the Complaints Committee should be headed by a woman, and include women as at least half its members, as well as a third party to prevent undue pressure from senior levels within the organisation. It was not until the Nirbhaya killing in Delhi in December 2012 that the provisions were actually written into law. One of the several legislations that were enacted was The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, often called the POSH Act, which superceded the Vishaka Guidelines. It mandated the constitution of ICCs at all workplaces which employed more than 10 people. Women working in smaller enterprises in the informal sector could complain to Local Committees to be set up by district authorities. What are the powers of an ICC? Each ICC is to be headed by a Presiding Officer, who is to be a woman employed at a senior level at the workplace. At least two members should be employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge, and another member should be from an NGO devoted to women's rights or a person familiar with sexual harassment issues. At least half of the members should be women. Any aggrieved woman can complain in writing to the ICC or local committee within three months of the date of the harassment incident or series of incidents. The committee can help to settle the matter at the request of the woman or begin an inquiry into the complaint. The ICC has the same powers as are vested in a civil court under the Code of Civil Procedure. The inquiry is to be completed within 90 days. If the complaint is proved, the ICC must recommend the action to be taken against the accused. The employer is also required to aid the victim if she wishes to file a criminal complaint. The law mandates confidentiality regarding the contents of the complaint, the identity and addresses of the aggrieved woman, the respondent and witnesses, any information relating to conciliation and inquiry proceedings, and the recommendations of the ICC. What is the status of their implementation? In the decade since the law was passed, though ICCs have been set up in some institutions, their coverage is far from universal. In December 2024, the Supreme Court took stock of the 'sorry state of affairs', pointing out that it was 'disquieting' to note 'serious lapses' in the enforcement of the POSH Act. It directed immediate compliance within the government, and a survey of public and private organisations as well. 'This law was designed to be monitored, but who is doing it? District officers are supposed to collect annual reports on compliance and sexual harassment cases from the Local Committees and ICCs, but what is done with that material?' asks Madhu Mehra, a lawyer advocating for women's rights, and the founder of Partners for Law in Development. Ms. Mehra points out that while the Women and Child Development Ministry is the line Ministry for the POSH Act, it is the Labour Ministry and Industries Ministry that deal with workplaces and employers. 'Accountability is falling between the cracks. Where is the evidence-based analysis on how this law is functioning? It's a black hole.' She says the Balasore case shows that even where ICCs are in place, they are merely a 'dead letter' if there is insufficient training for members, if the power imbalance in a workplace is not addressed, and if there is no confidentiality being maintained. (Those in distress or having suicidal thoughts are encouraged to seek help and counselling by calling the helpline numbers here)
Indian Express
4 days ago
- Politics
- Indian Express
Allahabad High Court sets aside Juvenile Justice Board, Pocso court orders; directs minor to be tried as ‘juvenile' and not as an adult
Stating that law is an evolving concept and has to keep pace with time, the Allahabad High Court allowed a criminal revision filed by a minor who had challenged the Juvenile Justice Board and Kaushambi Pocso court orders directing that he be tried as an adult in an alleged rape case involving a minor girl. The court observed, 'This court has no hesitation to hold that the nefarious effects of the visual mediums like television, internet, and social media on adolescents are not being controlled, nor it appears that the government can control the same, to prevent its deleterious effect on the adolescents, due to the uncontrollable nature of technologies involved. The 'Nirbhaya case' was an exception and not a general rule and all juveniles cannot be subjected and tried like adult without proper consideration of the overall social and psychological effects on their psyche.' The criminal revision claimed that the impugned orders wrongly held the revisionist to be tried as an adult, and his assessment by the Juvenile Justice Board, as well as the Protection of Children from Sexual Offences (Pocso) court, is not in accordance with the law. The counsel for the revisionist submitted that in the case of both the assessment and medical reports, the experts held that the psychological assessment of the juvenile was suggestive of a mild deficit in intellectual functioning. But the Board had relied upon the allegations made in the First Information Report and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (CrPC) by ignoring the clinical psychologist report and held that it was not bound by the reports submitted by the experts. The counsel argued that denying the expert report will frustrate the provisions of Section 15 (1) of the Juvenile Justice Act, 2015. The counsel for the State submitted that although the preliminary assessment report and the report of psychologist are in favour of the minor boy, the Board has recorded clear findings that the revisionist was able to understand the consequence of crime committed by him and, therefore, the Board was not bound to accept the report of the psychologist and held that the revisionist be tried as an adult. 'There is nothing on record to indicate that the revisionist is a predator on the prowl and is prone to repeating the offence without any provocation. He never indulged in any such or other offence earlier. Maturity of his mind has not been certified by the psychologist. Merely because he committed a heinous crime he cannot be put to par with an adult when his social exposure was also found to be deficient by the psychologist,' the high court stated in its order. 'In view of above consideration, the impugned judgments and orders passed by both the courts below are set aside. Criminal Revision is allowed. The revisionist is directed to be tried as a juvenile by the Juvenile Justice Board in accordance with law,' the court added.
Hans India
22-07-2025
- Hans India
Auto unions cry foul, halt services across Ahmedabad over police crackdown
Ahmedabad: A standoff between auto rickshaw drivers and the Ahmedabad Police escalated into a full-scale strike, as rickshaw unions launched an indefinite protest. Accusing the police of undue harassment and wrongful penalisation, the auto unions have brought autos off the roads since Monday midnight, causing massive inconvenience to daily commuters across the city. The strike led to traffic congestion at several key junctions, with frustrated commuters left stranded in the absence of last-mile transport options. Eyewitnesses reported that some striking drivers were forcibly stopping rickshaws carrying passengers and urging fellow drivers to join the protest. According to leaders of auto unions, the trigger for the strike was a series of alleged arbitrary actions by police officers, including wrongful seizure of vehicles and fines under the pretext of enforcing the Motor Vehicles Act. They submitted a formal memorandum to the Police Commissioner, alleging that the enforcement is being used as a tool to meet "targets" rather than to ensure road safety. "The state government recognises auto-rickshaws as a legitimate means of livelihood, yet our members are being targeted and harassed without cause," they stated. They also alleged that apart from traffic police, general law enforcement personnel were intervening in traffic regulation, which they claim is beyond their jurisdiction. The leaders of the auto unions further accused some police officials of taking bribes from other commercial vehicle operators such as tractors, dumpers, and luxury cabs, while unfairly singling out auto drivers for punitive action. Rickshaw drivers have warned that if police action is not immediately curbed, the protest could intensify, bringing public transport in Ahmedabad to a near-complete standstill. The city administration has yet to issue a formal response, even as commuters continue to face disruptions amid rising tensions on the ground. Ahmedabad's streets are home to an estimated 170,000 auto-rickshaws as of 2021, up from just around 40,000 in 2011, showing more than fourfold growth over a decade. These vehicles represent roughly 4 per cent of all registered vehicles in the city, out of nearly 4 million total vehicles by 2022. Auto-rickshaws remain a vital mode of last-mile connectivity, particularly in areas beyond Bus Rapid Transit System and metro coverage. A policy implemented on January 1, 2025, mandates the use of functional fare meters in all autos. Despite this rule, over 28,000 drivers were fined, and enforcement led to Rs1.56 crore in penalties collected by traffic police. Meanwhile, a driving safety initiative includes the rollout of QR codes on autos, intended to bring more transparency and passenger protection. These codes display driver information and are part of the Nirbhaya safety push, though the move has faced resistance from driver unions over privacy concerns.
Indian Express
16-07-2025
- Indian Express
Death of sexual harassment victim in Balasore is not a failure of law, but of enforcement, empathy, and ethics
It has happened again. This time, in the quiet district of Balasore, Odisha. A 19-year-old woman, a student, set herself on fire in the college hostel. She battled for almost three days with 90 per cent burns. She did not survive. Yet again, we are left with the smouldering remains of our conscience. According to reports, the student had been sexually harassed by a professor, also the head of the department she was affiliated to. A man in authority, trusted to lead and protect young women aspiring to educate others, instead allegedly abused his position of power. The survivor filed a complaint, her statement recorded on her hospital bed, but justice didn't come knocking. At least not fast enough. Not with the force it should have. As of now, the principal has been arrested and the college authorities have been suspended. But all this happened after she was gone. Every time a woman speaks out against sexual harassment, she sets herself up for more than just legal battle. She exposes herself to ridicule, character assassination, silence from the institution, and the burden of proof that is rarely matched by sensitivity. The Internal Complaints Committee (ICC), mandated under the law to be a woman's first line of support in a college or workplace, is either inactive or complicit in many institutions. In this case, what was the ICC doing when the student first voiced her discomfort? Were there mechanisms to hear her out? Why were her complaints met with disbelief and inaction? These are not procedural lapses, they are acts of institutional betrayal. One must ask how alone, how abandoned, how desperate a young woman must feel to believe that the only way to be heard is by setting herself on fire. We are told our homes are the safest. But women know that this is a myth. From schools to workplaces, hostels to offices, from families to institutions, women are asked to 'adjust', 'ignore', 'stay quiet' for the sake of reputation, marks, jobs, and peace. When she dares to raise her voice, she is warned of 'consequences'. When she doesn't, she is blamed for tolerating it for too long. How far have we truly come since the laws were amended after Nirbhaya? Section 9 of the Prevention of Sexual Harassment (POSH) Act, 2013, mandates that any woman, including students, can file a complaint within three months of the incident. Section 4 mandates every institution to set up an ICC to inquire into such complaints fairly and confidentially. But how many colleges treat these provisions as sacrosanct, rather than paperwork to be ticked off during inspections? Let's be very clear. The failure in Balasore is not one of law, it is of enforcement, empathy, and ethics. It is a failure of the college, its administration, the ICC, the police machinery, and society at large. What stops institutions from ensuring their ICCs are trained, equipped, and functional? What stops them from supporting a complainant instead of shielding a predator? Each case like this chips away at a parent's confidence. Every time a daughter leaves home for education, there's a silent prayer whispered behind her. That she will return safe. That her ambition won't be her undoing. And yet, we are forced to confront the reality: That the most unsafe place for a woman is often the very place meant to empower her. As a woman and a lawyer, I say this with deep anguish: The law is not enough if it remains only on paper. Our judiciary, our law enforcement, our institutions — all must learn not just to hear, but to listen. Not just to act, but to act swiftly and justly. When complaints gather dust or are dismissed as exaggerations, the message we send is clear: 'We don't believe you'. Sexual harassment is not a 'misunderstanding'. It is violence. And institutions that ignore it and trivialise it, become complicit. The principal of the Balasore college should face the strictest punishment under the law. But so should those who allowed this culture of silence to fester, every authority figure who dismissed the girl, every system that failed her, every mechanism that lay dormant until it was too late. A girl should not have to light herself on fire to make people pay attention. But she did. And now, we must carry the weight of her silence. We must ensure no other girl has to choose death over dignity. Justice, delayed or denied, is not just a legal failure, it is a human tragedy. The writer is senior advocate and former Additional Solicitor General of India
Time of India
09-07-2025
- Entertainment
- Time of India
Anoushka Shankar says father's demise gave her space to speak about abuse: 'I lost my greatest musical collaborator'
Renowned sitar player Anoushka Shankar is opening up about how the passing of her father and mentor, the legendary Pandit Ravi Shankar , in December 2012, deeply affected her. In an interview with Barkha Dutt, Anoushka stated, 'So I lost my greatest musical collaborator, I lost my teacher, and then of course we had this Grammy experience going on. There was also a whole other aspect happening for me, which I connected to major life events that, technically, weren't related." At a time the round the nation was reeling in shock over the Nirbhaya case . Speaking about the same, she recalled, "Five days after my father passed away, the Nirbhaya attack happened. I was already deep in the grief of losing my father when that news broke. And so, for me, I can never think about one without the other, because they both intensified something within me, this trauma bubble of grief, anger, and outrage. It was all one thing, really.' Shankar said that it was a time when her personal grief and the country's anger over the Nirbhaya case came together, creating a wave of intense emotions. Known for her bold music and strong voice on social issues, she admitted that the closeness of these two events left a deep and lasting impact on her mind. She further openly spoke about how people often thought her life was easy just because she was the daughter of the legendary Ravi Shankar. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo Many assumed she had a privileged life and an easy start in music. But she said the truth was very different and much more complicated. 'I had a very fortunate upbringing. I had a lot of incredible things in my life. But one of the narratives that, as a human and as a young woman in the press, used to rankle me was this idea that I'd just had a charmed life, that I had a silver spoon, that nothing bad had ever happened to me, and that I'd just swanned into this industry. And you know, sexual abuse… as I say, everyone has a spectrum. It's not like that was the only thing. But when you carry a big wound like that, and it's a secret, it feels very disjointed from how you're seen, compared to how you actually feel as a human being.' Looking back, Anoushka said that the timing of her decision to speak publicly about her personal experiences may have been influenced by her father's death. She felt that after he passed away, she had more freedom to share her story openly. While her father was aware of what she had gone through, she felt that any pain he might have felt from her speaking about it publicly was no longer a concern. At that time, she was deeply grieving and wasn't thinking too much. She also reflected on how the Nirbhaya case became a major turning point, not just in her own life, but also in the global conversation about gender-based violence. She said it was the first time she could remember the entire world focusing on one story of sexual violence. According to her, it felt like a rare moment when people everywhere were united in outrage. She saw it as an important opportunity to raise awareness and believed that any effort, no matter how small, to keep the conversation going and make a difference, truly mattered. 'That narrative really showed me how much misapprehension there is around who this can happen to, and how universal it is. And so I knew that with my story, regardless of how much detail I chose to share or not share, if people thought of me as the person with the silver spoon, the person who had it all, then for me to say, 'Uh-uh, me too. This happens everywhere. This can happen to anyone,' that felt really important to me, she added to the conversation. "
