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Looking Glass 5
a
Saint....or a 'Sinna' ?
Child Labour in India
[Children are often exploited and deprived of
their rights in India, and until further measures are taken, many Indian
children will continue to live in poverty]
Dateline October 15,
2005
TGF: News from
Goa is that a senior journalist has been accused of 'outraging (the)
modesty of a minor girl and subjecting (her) to sexual assault'. While
such incidents, shocking as they are, are not uncommon, the relative
silence about the incident in the online Goa media is striking.
A few paltry words in the Navhind Times (allegedly the leading
newspaper in Goa), precious little on the news-items on GoaNet (allegedly
the primiere Goa mailing list), and NOT a word till date from the Herald
(allegedly the most complete Goan newspaper).
The Gomantak Times' online edition is stuck in the 'middle ages" - but an
abstract from the print edition gives further details (see foot of this
article)
TGF however will comment on the Navhind Times snippet as seen online]
http://www.navhindtimes.com/stories.php?part=news&Story_ID=101427
Molestation case against journalist
NT Staff Reporter
Panaji Oct 13: The Women Police station has registered a case under
Section 354 of the Indian Penal Code and sections 7(c) and 8(2) of the Goa
Children Act 2005 against a senior journalist for allegedly outraging
modesty of a minor girl and subjecting to sexual assault.
The deputy inspector-general of police, Mr Ujjwal Mishra said that a girl
accompanied by a lady walked to the Panaji town police station and
informed the police about the case.
Meanwhile, it is learnt that a forensic test at the Goa Medical College,
Bambolim had found no evidence of sexual assault.
TGF comment:
There is always a potential in such matters for there to be two
possibilities: The allegation might be true or it might be false.
Most often, it is very difficult to prove "sexual assault" involving a
specific perpetrator, if there is no transfer & identification of genetic
material - unless of course there is documentary evidence . Often times,
due to lack of DNA evidence and with the pressures the system places on
the victim, the real perpetrators are let off the hook. Conversely, once
a charge is made, even the accused innocent remain scarred for life.
TGF wonders WHAT
forensic test was done at the Goa Medical College, Bambolim.
The placement of that phrase "found no evidence of sexual assault" in the
Navhind Times news-item might turn out to be to be highly prejudicial to
eventual outcome of this case, and hence highly improper.
Who gave the Navhind Times that information ? Isn't that
information supposed to be confidential?
Did the "forensic test" involve the testing of DNA material? Did it rule
out "touching" ? Is "touching" of minor children acceptable? Who
conducted this "forensic test" and How many other people were present at
the time of this examination? and what is the meaning of
"found no evidence of
sexual assault" ?
Does it mean that
sexual assault did not take place?
And what about Child
Labour ?
Our attention is
also drawn (see Box 2 below) by Mr. Miguel Braganza to the
The Goa Children’s Act, 2003
[8 July, 2003]
From the Gomantak Times article (below) it appears that the women's group
Bailancho Saad was quite unaware of this incident.
Is there a set protocol for the management of such issues in Goa? Does
that protocol (if one exists) involve the 'interrogation' of an alleged
victim by police officers including the Deputy Inspector General of Police
?
While the accused is
always innocent until proven guilty, TGF's concern is more with the
'forensic test that found no evidence of sexual assault', the release of
medical information to and by the Navhind Times - before it is presented
under oath in court, the 'interrogation' of the alleged victim, and the
relative silence about this incident in the Goa newspapers.
All this makes ironic sense especially in view of the 2004 editorial
apparently written by the Navhind Times. (attached at foot of this
article). Wonder who wrote that editorial !
TGF
October 15, 2005
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From : samir_kelekar <samir_kelekar@yahoo.com>
Sent : Friday, October 14, 2005 7:27 AM
To : Goa-Goans@yahoogroups.com
Subject : Breaking news
Today's Deccan Herald, Bangalore edition carries a big article
mentioning
(an) editor
**** *****
has been booked for sexually abusing his 11 year old domestic help
girl from Bihar. An arrest is likely, it is further said. |
|
From : Miguel Braganza <miguel12@sancharnet.in>
Sent : Saturday, October 15, 2005 3:34 AM
To : goanet@goanet.org
Subject : FRAMED ONE?
Whether he grabbed her, pawed her or simply slappedher for
disobedience, there is no escape. He was alone in the house with a
minor girl. That in itself is a major offence if the minor is not
related to him. |
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The Goa Children’s Act, 2003[8 July, 2003]
goagovt.nic.in/documents/goachildact2003.pdf
7. Child Labour.-
(1) Child Labour shall be prohibited in the State of Goa for
all children who have not completed their 14th year of age.
(2) For the purpose
of this Act, Child labour shall include:-
(c) all forms of domestic employment, meaning employment in
households, doing work of a domestic nature, either temporarily,
permanently, piece-rated or part time;
8. Child Abuse.-
(4) Onus on person. All persons, who keep with them or reside
wholly, partly or in any form with one or more child/children who is
not related to them by blood, shall inform this fact immediately to
the Director as per the prescribed form. It will be the responsibility
of the person to give this information either in person and obtain a
receipt or to send the information by Registered Post A/D.
(8) Provided further that nothing in this section shall apply to cases
where reasonability exists such as when the child/children are staying
with their friends or visiting them on holidays for short period, or
students are in a group, or the child is legally adopted etc.
Click
here to view a copy of
The Goa Children’s Act, 2003
TGF's
reservations about The
Goa Children’s Act, 2003 |
Gomantak
Times:
Molestation case against journalist. (FWD by Floriano Lobo of Goa SuRaj)
Panaji: In a shocking incident, a minor girl lodged a police complaint
against a senior journalist of the local daily. The minor girl, who was
employed by the journalist as a household help, in her complaint alleged
that the journalist molested her.
The case, which was first registered by the Women and Child Protection
police station was then transferred to the CID/Crime branch for
investigations. A non-bailable offence under Sec 8(2) (for sexual abuse)
of Goa Children's Act, 2003 and bailable offence under Sec 354 (for
molestation) under IPC and Sec 7(5)(c) (for child labour) has been booked
against the journalist.
It is reliably learnt that in her complaint the 11-year-old minor alleged
that the journalist tried to molest her.
According to police sources, the minor girl rushed out of the flat on
Wednesday night and went to a neighbouring house. The occupants then took
her to another neighbour. Both the neighbours referred the matter to the
women and child protection unit.
In fact it is learnt that an editor of a newly launched vernacular
newspaper was the first to inform the police of the incident. The police
officers including Deputy Inspector General of Police (DIG) Ujjwal Mishra
interrogated the victim in the presence of some women activists.
When GT contacted CRG, which fights for Child's Rights in Goa, maintained
a stoic silence, refusing to comment on the issue. When GT persisted, all
they said was, "we will comment at the right time." However, Bailancho
Saad members said that they were ignorant about the incident.
Meanwhile, it is learnt that the journalist has already filed an
anticipatory bail application before the Sessions Court, Panaji and the
hearing has been fixed for Friday 14 October at 2.30 p.m. (end)
India: Nobody’s Children - Child Labour and the
Apathy of the State
[Editorial] [Source: The Navhind Times] posted 2004-06-24
[Goa, a state having a high index of literacy, has
the highest number of domestic child labourers. The Campaign Against Child
Labour says according to their estimates there has been a substantial
increase in the percentage of child labourers as domestics since the size
of the educated and urban middle class has increased.
The common attitude, particularly of the middle class, toward these
children has been of exploitation. As long as they get them for their
domestic work they are least concerned about anything else.
Most Goans see it not as their problem but as a problem of the poor inside
or outside the state and would not like to be blamed for the plight of
these children]
TGF acknowledges the assistance of Samir
Kelekar, Miguel Braganza & Floriano Lobo (of Goa Suraj) in the collation
of material for this posting.
TGF
October 15, 2005
Looking Glass : 1
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4
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