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The Chief Minister

Mehbooba Mufti

Esteemed Madam, 

I am writing you this letter amid a hope that you being a women and a mother may recognize my pain of separation from my child who from many years is languishing in jail just for raising his voice against the injustice. 

I am handicapped mother of Sheikh Danish Mushtaq resident of  Aloosa Bandipora aged 23 who has been booked under Public Safety Act several times during  the past few years on account of being an activist in separatist politics. 

Recently, I saw a ray of hope when you announced the amnesty for hundreds of youth, but later it deepened my wounds of separation after I found no name of my lone son Danish in the list.    

Not only I am handicapped, Danish too is handicapped which already inflicts emotion and sometimes physical distress, but he has a greater responsibility of family including his father and sister whose education dreams hinge upon Danish. 

My son has been slapped with Public Safety Act and lodged in different jails, and still in detention despite the Judiciary quashing PSA against him but some are hell bent to destroy him and do not want to see him released.

It is a matter of great pain that when he was on way to complete his life dream course MBA in Chandigarh Punjab and had in fact completed one semester but was shown the doors of prison while on holidays at home.

Danish always advocated peaceful forms of agitation and believed in non violence. He as a disciplined human always believes in core values of human justice and has thus raises his voice against any form of injustice against fellow humans irrespective of color, creed or religion. The same has leaded him to take a lead wherever injustice happens.

 I am hopeful your good-self will consider the case of my lone son under the recently announced amnesty scheme were you have laid thrust that reconciliation, peace dominate revenge and hate.

I hope that few vested interests who are taking the case of our son  like a revenge aspect rather than legal merits would also be made to follow proper law.

I am hopeful of a kind attention at your end into this case on urgent humantarian grounds. 

 

With regards 

Unfortunate Mother of 

Sheikh Danish Mushtaq

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DODA: " A minor girl from nomadic Gujjer family from Hiranagar Kathua was brutally raped , murder and was decomposed in bushes of nearby forest in the month of January 2018 . As the news of incident when viral and mother of victim was called to identify the body   of deceased who was brutally raped and murdered , As the mother identified the body and called victim as her piece of heart { Ye mere jigar ka tukra ha } " . 

A large number of peoples launched a strong demonstration against this brutal incident happened in Hiranagar Kathua of Jammu and Kashmir state. As the agitation goes on worldwide and ever section of society condemn this incident and demanded fair probe in this matter and strong action according  to law.  "In_Focus" , Jammu is a region of Republic India where all religions are living together without any Caste,Creed, Color and Sex and had created an example of peaceful environment from several decades , from where a Maharaja had called it peaceful when he saw a lion and goat together.

The state Jammu and Kashmir is governed by a lady Chief Minister who had became first lady to designate such prestigious post . Having political ideology of Peoples Democratic Party Ms Mehbooba Mufti is representing state as first Lady  Chief Minister. As soon as news went viral on social networking sites , every section of the society expressed his solidarity with the victim family and demanded high level inquiry to arrest the acused involved in this heinous crime.

There was a world wide protests , Candle March and boycotting of Budget session 2017 _ 18 by opposition political parties i.e Congress and even by ruling Peoples Democratic Party and Bharatiya Janta Party serious concern was expressed and free and fair investigation was demanded to root out the acused involved in murder Rape of minor nomadic girl Asifa.  As soon as the investigation was going on , there became several zigzags that tried their best efforts in taking this murder Rape on that patten where noone can be called acused . As the worldwide protest continues , the investigation agencies rootouts the murder rape acused and arrested one Deepak Khajuria Special Police Officer and his associate Surinder Singh . 

As the arrest of Deepak Khajuria  and Surinder Singh was made by Investigation team , Jammu and Kashmir state came on that end where rallies were organised to defend Rapist . The Hindu Ekta Manch from Jammu Kathua region under the banner of National Flag of Republic India { Tri Colour } along with Public Legislative Representatives marched through roads to defend the Rape acused Deepak Khajuria and his associate Surinder Singh . 

It was to much surprising , that Senior leaders from ruling Bharatiya Janta Party and Opposition Congress party , the leaders from both parties joined hand with Hindu Ekta Manch marched in favour of Rape murder acused and demanded the release of both . As the both acused are in Crime Branch Investigating team custody of Jammu Kashmir Police while Crime Branch has maintained that Deepak Khajuria while confessing his crime said minor nomad girl Asifa was raped and murdered to terrify Muslim Bakarwal Community in this region. 

It was a time when every section of society was seeking justice for Asifa without any Caste , Creed , Colour or religion . The Bharatiya Janta Party and Indian National Congress  supporters defending the acused used Indian tricolour and marched through roads of Kathua town seeking the release of Khajuria and became part of that illegal Pro-Rape Rally.  Prominent Congress leaders from Kathua district of Jammu region who along with their supporters participated in the BJP sponsored rally of Hindu Ekta Manch were Girdhari Lal , Subhash Chander and Vijay Tagotra.

Congressman becoming part of  Pro Rape Rally can be observed only for vote bank as party high command is silent on the issue of their members joining in Pro Rape Rally . Ruling Bharatiya Janta Party district President from Kathua district P N Dogra had said that it is all about "Nationalists" versus "Anti Nationalists" and it has no faith in Crime Branch of Jammu Kashmir Police.

On the one side a Political Representative is protesting to defend acused and on side Political Representative from same party is calling it unfortunate and demanding life sentence to acused. As the Party Chief called it unfortunate and suspend his party leader from party .  It was very unfortunate that defenders Rally is marching across the streets to defend the minor Rape and murder acused and no action is taken , and I citizen of India is calling this incident unfortunate and condemn this by expressing his views is stopped and taken in custody for inquiry.            

"Whom we have to blame , whom we have chosen our representative , whom we are supporting and where I am living , Am I Indian or Not , Am I having basic rights as per Indian Constitution . Am I respecting all religion , If Yes , Then Why  I am harassed , tortured and denied from my basic rights in Indian Constitution " .  As a citizen of Republic India , I ask all those who are defending Rape acused , if such incident had happened with yours anyone or in a family of upper caste then what you can do or you are not having faith in the report of Crime Branch Investigation team of Jammu and Kashmir Police , will you defend the Rapist at that time . Imagine and awake the inner voice and seek justice for minor Rape Victim Asifa or Once stand at the place where family of Asifa is standing and then decide with themselves what happens and what can be done with Rapist elsewhere belongs from any religion or Community. I imagine that if such incident happened with anyone of acused defenders who have use Tri Colour as Shield , they have to burn this as their is no humanity alvie among them. I would like to ask for Chief Minister Ms Mehbooba Mufti , Is TriColour a shield to defend minor rape victim. 

Being a part of Rape Victim Asifa and seeking justice on humanitarian ground from Jammu and Kashmir Chief Minister as a Member of World Aid Organization for Human Rights , I requested Chief Minister of Jammu and Kashmir Ms Mehbooba Mufti that being a lady having prestigious post please do justice in favour of Asifa and hang the acused till death in front of public so as such heinous crimes can marked end otherwise there will no name like humanity in state.


( The author had expressed his personal views as a citizen of Republic India and is seeking justice for minor Rape victim Aisfa)

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DODA: India is a motherland of every citizen to enjoy his / her life without any fear and depression and enjoy right without any caste ,creed , colour and religions. Comparing a right to man, woman has equal right to in every sector against a man. In India every woman has a right to take legal action against any person who assaults or tries to outrage her modesty by any deliberate constant gesture or physical force under Sec. 354 of IPC. Every woman has a right to lodge a complaint in the police station , if she is forced to have sexual intercourse against her under Sec. 376 of IPC.


A woman has the right to lodge a complaint if she is being harassed, even teased and passed rude remarks in public places like buses, trains, roads etc. under Sec. 354 of IPC. Every woman has a right to take legal action against her husband if she is being tortured both physical and mentally or tortured for not agreeing to the demand of money or valuables under Sec. 498(A) of IPC . 
If the relations of the husband of a woman or her mother-in-law or any other relatives, torture her and demand money, valuable articles from her parents, she can lodge a complaint against them under Sec. 498 A of IP). If a woman has been kidnapped and either forced against her will to marry any person or to have sexual intercourse, a crime has been committed and she has the right to lodge a complaint under Sec. 366 of IPC .

If any person demands or requests for sexual favours, passes sexually colored remarks, or verbally or non-verbally conducts himself in a sexual manner to the woman at her work place then she has the right to complaint against this harassment to her employer and the complaint would be lodged through as per procedure/guidelines of the Supreme Court. (Supreme Court judgement in Writ Petition No-666-700 of 1992 in Vishaka and others Vs State of Rajasthan). A woman if she is a witness has a right to be examined in her own house in the presence of her close relatives under Sec.160 of Cr PC .

A woman should not sign the FIR unless she is satisfied that it is accurate. (National Commission for women). If the officer concerned refuses to register the FIR, a copy of the complaint should be sent to the Deputy Commissioner of Police of the respective Division immediately. Every woman has the right to take legal action by approaching the Court if the officer in charge does not take any action on the complaint. A woman can be searched, only by another woman with strict regard to decency under Section 51 and 100 Cr PC.

Any female occupant, who as per custom does not appear in public and not being the person to be arrested, has to be afforded reasonable opportunity to withdraw before entering a place for arresting a person who may be hiding there under Sec. 47 Cr PC. No male under the age of 15 years or a woman can be summoned by police as witnesses to depose about the facts and circumstances in a case under investigation at any place other than the place in which such male person or woman resides under Sec. 160 Cr PC. “Legal Rights that every women must know ” Knowing the times that we are in, we give you, yet again, an overview of some important legal rights for women that every one must be aware of these.

Free Legal Aid Exercise your right to free legal aid. Often, women go to the police station unaccompanied by a lawyer to get their statement recorded, and they stand the risk of being misquoted or their statement being tampered with. The police may also treat the entire episode lightly and not lodge an FIR. So, it is necessary to have a lawyer with you while you lodge the FIR. “According to a Delhi High Court ruling, whenever a rape is reported, the SHO has to bring this to the notice of the Delhi Legal Services Authority. The legal body then arranges for a lawyer for the victim,” says Saumya Bhaumik Women Rights Lawyer.

Right to Privacy While Recording Statement Under section 164 of the Criminal Procedure Code, a woman who has been raped can record her statement before the district magistrate when the case is under trial and no one else needs to be present. Alternatively, she can record the statement with only one police officer and woman constable in a convenient place that is not crowded and does not provide any possibility of the statement being overheard by a fourth person. The cops have to by law, upkeep the woman’s right to privacy. It’s important for the person to feel comfortable and not be under any kind of stress while narrating the incident.

Time doesn’t Matter ,The police cannot refuse to register an FIR even if a considerable period of time has elapsed since the incident of rape or molestation took place. If the police tells you that they can’t lodge your FIR since you didn’t report it earlier do not concede. “Rape is a horrifying incident for any woman, so it’s natural for her to go into shock and not want to report it immediately. She may also fear for her safety and the reputation and dignity of her family.

For this reason, the Supreme Court has ruled that the police must register an FIR even if there has been a gap between the report and the occurrence of the incident,” says Tariq Abeed Advocate Supreme Court. Email to the Rescue , According to the guidelines issued by the Delhi Police, a woman has the privilege of lodging a complaint via email or registered post. If, for some reason, a woman can’t go to the police station, she can send a written complaint through an email or registered post addressed to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer then directs the SHO of the police station, of the area where the incident occurred, to conduct proper verification of the complainant and lodge an FIR. The police can then come over to the residence of the victim to take her statement. Cops can’t Say No: A rape victim can register her police complaint from any police station under the Zero FIR ruling by Supreme Court. “Sometimes the police station under which the incident occurs refuses to register the victim’s complaint in order to keep clear of responsibility and tries sending the victim to another police station. In such cases, she has the right to lodge an FIR at any police station in the city under the Zero FIR ruling. The senior officer will then direct the SHO of the concerned police station to lodge the FIR,” says Abeed. This is a Supreme Court ruling that not many women are aware of, so don’t let the SHO of a police station send you away saying it “doesn’t come under his area”.

No Arrests after Sunset ,According to a Supreme Court ruling, a woman cannot be arrested after sunset and before sunrise. There are many cases of women being harassed by the police at wee hours, but all this can be avoided if you exercise the right of being present in the police station only during daytime. “Even if there is a woman constable accompanying the officers, the police can’t arrest a woman at night. In case the woman has committed a serious crime, the police has to get it in writing from the magistrate explaining why the arrest is necessary during the night,” says Bhaumik.

You can’t be called to the Police Station , Women cannot be called to the police station for interrogation under Section 160 of the Criminal Procedure Code. This law provides Indian women the right of not being physically present at the police station for interrogation. “The police can interrogate a woman at her residence in the presence of a woman constable and family members or friends,” says Abeed. So, the next time you’re called to the police station for queries or interrogation when you have faced any kind of harassment, quote this guideline of the Supreme Court to exercise your right and remind the cops about it.

Protect your Identity , Under no circumstances can the identity of a rape victim be revealed. Neither the police nor media can make known the name of the victim in public. Section 228-A of the Indian Penal Code makes the disclosure of a victim’s identity a punishable offense. Printing or publishing the name or any matter which may make known the identity of a woman against whom an offense has been committed is punishable. This is done to prevent social victimisation or ostracism of the victim of a sexual offense. Even while a judgment is in progress at the high court or a lower court, the name of the victim is not indicated, she is only described as ‘victim’ in the judgment.

Doctor can’t Decide , A case of rape can’t be dismissed even if the doctor says rape had not taken place. A victim of rape needs to be medically examined as per Section 164 A of the Criminal Procedure Code, and only the report can act as proof. “A woman has the right to have a copy of the medical report from the doctor. Rape is crime and not a medical condition. It is a legal term and not a diagnosis to be made by the medical officer treating the victim. The only statement that can be made by the medical officer is that there is evidence of recent sexual activity. Whether the rape has occurred or not is a legal conclusion and the doctor can’t decide on this,” explains Bhaumik.

Employers must Protect , It is the duty of every employer to create a Sexual Harassment Complaints Committee within the organisation for redressal of such complaints. According to a guideline issued by the Supreme Court, it is mandatory for all firms, public and private, to set up these committees to resolve matters of sexual harassment. It is also necessary that the committee be headed by a woman and comprise 50 per cent women as members. Also, one of the members should be from a women’s welfare group. These rights proves that every women in India shall enjoy freely beside not to voilate these rights.

For this reason, the Supreme Court has ruled that the police must register an FIR even if there has been a gap between the report and the occurrence of the incident,” says Tariq Abeed Advocate Supreme Court.  Email to the Rescue , According to the guidelines issued by the Delhi Police, a woman has the privilege of lodging a complaint via email or registered post. If, for some reason, a woman can’t go to the police station, she can send a written complaint through an email or registered post addressed to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer then directs the SHO of the police station, of the area where the incident occurred, to conduct proper verification of the complainant and lodge an FIR. The police can then come over to the residence of the victim to take her statement. Cops can’t Say No: A rape victim can register her police complaint from any police station under the Zero FIR ruling by Supreme Court. “Sometimes the police station under which the incident occurs refuses to register the victim’s complaint in order to keep clear of responsibility and tries sending the victim to another police station. In such cases, she has the right to lodge an FIR at any police station in the city under the Zero FIR ruling. The senior officer will then direct the SHO of the concerned police station to lodge the FIR,” says Abeed. This is a Supreme Court ruling that not many women are aware of, so don’t let the SHO of a police station send you away saying it “doesn’t come under his area”.

No Arrests after Sunset , According to a Supreme Court ruling, a woman cannot be arrested after sunset and before sunrise. There are many cases of women being harassed by the police at wee hours, but all this can be avoided if you exercise the right of being present in the police station only during daytime. “Even if there is a woman constable accompanying the officers, the police can’t arrest a woman at night. In case the woman has committed a serious crime, the police has to get it in writing from the magistrate explaining why the arrest is necessary during the night,” says Bhaumik.

You can’t be called to the Police Station, Women cannot be called to the police station for interrogation under Section 160 of the Criminal Procedure Code. This law provides Indian women the right of not being physically present at the police station for interrogation. “The police can interrogate a woman at her residence in the presence of a woman constable and family members or friends,” says Abeed. So, the next time you’re called to the police station for queries or interrogation when you have faced any kind of harassment, quote this guideline of the Supreme Court to exercise your right and remind the cops about it.

Protect your Identity , Under no circumstances can the identity of a rape victim be revealed. Neither the police nor media can make known the name of the victim in public. Section 228-A of the Indian Penal Code makes the disclosure of a victim’s identity a punishable offense. Printing or publishing the name or any matter which may make known the identity of a woman against whom an offense has been committed is punishable. This is done to prevent social victimisation or ostracism of the victim of a sexual offense.   Even while a judgment is in progress at the high court or a lower court, the name of the victim is not indicated, she is only described as ‘victim’ in the judgment.

Doctor can’t Decide , A case of rape can’t be dismissed even if the doctor says rape had not taken place. A victim of rape needs to be medically examined as per Section 164 A of the Criminal Procedure Code, and only the report can act as proof. “A woman has the right to have a copy of the medical report from the doctor. Rape is crime and not a medical condition. It is a legal term and not a diagnosis to be made by the medical officer treating the victim. The only statement that can be made by the medical officer is that there is evidence of recent sexual activity. Whether the rape has occurred or not is a legal conclusion and the doctor can’t decide on this,” explains Bhaumik.

Employers must Protect ,It is the duty of every employer to create a Sexual Harassment Complaints Committee within the organisation for redressal of such complaints.   According to a guideline issued by the Supreme Court, it is mandatory for all firms, public and private, to set up these committees to resolve matters of sexual harassment. It is also necessary that the committee be headed by a woman and comprise 50 per cent women as members. Also, one of the members should be from a women’s welfare group. These rights proves that every women in India shall enjoy freely beside not to voilate these rights.