Sue Chavers Game Central

My Warhammer 40k army?

Space Marines have always played and I have an army large ocean area, but I've always wanted a small Chaos 1000 point army. I love the idea of Khorne berserkers and a close combat oriented army, but with a backup power heavy (spoiler). Here is my list. Demon Slash slaneesh = Brand + of + Time Tunnel submession Kharn Khorne berserkers the traitor (10) and skull champion Khorne berserkers rhino (14) with skull Chaos Champion corrupting replaced flamethrower = cc + arm Twin laser cannon linked Total points = 1069

Zerker list yay! but what is the question? anyway my c & c daemon prince can only have a psychic power, better drop the warptime from lash is more useful to the rest of the army, Kharn cute wings! awesome guy, more of it in a little drop in the 10-man squad to 9 and give zerkers Kharn! an elevator, if you're worried about him hacking your own boys, saddle up to two squadrons together separate Kharn! and left him a kick and the team on the other (be careful with hidden cuffs) fall man 14 to 10 give a rhinoceros, foot dragging cc unit is not recommended corruptor, great choice for 1000pts, but it is better to keep the flamethrower, which will cause more wonds on the charge that extra attack add another unit of troops, if possible, if possible powerfists or swords the champions of the skull, add guns Zerker plasma gun squads and add additional rhinos

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Rape Laws in India

 

RAPE LAWS IN INDIA, review concepts.

 

It's 'Rape' more than a word described in section 375 of Indian Penal Code 1860, must be interpreted strictly? Or is it a psychological phenomenon must be understood and dealt with more empathy and less the law? What is the scope of this word and its narrow definition of agreement the law and what is the impact of this definition in the sentences imposed on the unfortunate victims of this terrible mental agony? This project aims to study gaps in the current definition and scope of the phenomenon called Rape.

The word 'Rape' is derived from the Latin word 'Rapio' which means "seize." Therefore, rape, literally means an attack by force and that is the essential characteristic feature of the offense. In common parlance, means sex without consent by force, fear or fraud. In other words, rape is rape with violence against the person a woman's private.

Although the Act states that the granting of justice for the innocent, it is sadly not true of victims of rape. Justice is proud to be blind to everything but the truth – however, the extent of the violation concerns, the facts paint a different picture. Rape laws in India are very outdated. Although crime laws outline in clear terms, the courts are full of people who are in favor of the defendant and challenge the veracity of the complaint of the victim.

The Supreme Court has opined in Maharashtra v Madhukar Narayan Mardik that
".. Although a virtue easy woman has the right to privacy and nobody can invade your privacy, and when he likes. Also, is not open to any and all persons to violate her person as and when it wants. Therefore, simply because she is a woman of easy virtue, her testimony can not be thrown overboard. "

Rape laws in India are outdated, instances where justice has failed the victim by the interpretation of the law, the assessment of the evidence, the long delays in the harsh and humiliating trial and interrogation of the victim occur with alarming frequency. This report refers to the competencies of existing laws on rape in India and recent developments in this field.

Rape is a weapon that distorts a woman's sexuality, restricts their freedom of movement and violates their human rights. It leaves a woman feeling exposed, humiliated and traumatized. A rapist not only violates the victim's privacy and personal integrity, but also causes serious physical and psychological. The law must take a fresh look himself and take positive steps to make it more difficult for a defendant to obtain judicial pardon. . What is sad about rape in India is the lack of seriousness with which the crime is often treated.Statistics 2000 showed that on average a woman is raped every hour in India

As noted by Judge Arjit Pasayat:
"While a murderer destroys the physical structure of the victim, a rapist degrades and defiles the soul of a helpless woman."
Sexual harassment is nothing less the showcasing of male dominance. Given the opportunity, these men (those committing sexual harassement) will try to fulfill his wish.

Rape

Violation means illicit sexual intercourse by a man with a woman without her informed consent. (Section 375 of the Code Indian Penal)
A man is said to commit "rape" if she has sex with a woman under circumstances falling under any of the following six descriptions: –

Against their will.

Without their consent.

With your consent, when consent has been obtained by putting her or any other person who is interested in the fear of death or injury.

With consent, when the man knows he is not her husband, and their consent is given because she believes he is another man with whom you are or think you are legally married.

With your consent, when, at the time of consent by reason of the failure of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, which is incapable of understanding the nature and consequences of that to which she consents.

With or without her consent, when under sixteen years of age.

Explanation: Penetration is sufficient to constitute the act necessary for the sexual offense of rape.

Exception: sex for a man with his own wife, the wife not being under fifteen years of age is not a violation.

Barriers to Justice:
Rape is defined in India as an intentional relationship, sexual abuse with a woman without her consent. The essential elements of this definition under Section 375 of Indian Penal Code as "sex with a 'woman and the absence of consent. This definition therefore does not include acts of forced oral sex or sodomy or penetration of foreign objects but such actions are criminalized under Section 354 of the IPC, which deals with "criminal assault on a woman with intent to outrage her modesty and Section 377 of the IPC, which encompasses "carnal intercourse against the order of nature."

The definition leaves some questions unanswered. For example, what EXUAL about relationships s by a man with his wife, and without his consent, where the woman is over 16 years of age? Judicial interpretation has also meant that sexual relations in a situation of deprivation of liberty (the police station, hospitals, detention centers detention and prisons) is a crime, without having to go into the issue of consent. Also penetration, anal or oral penetration with objects not within the scope of section 375.

Also, do not recognize other forms of sexual assault as sexual assault extended family members, etc. marital rape and aggravated forms of rape. This causes a serious injustice to many victims. In many cases of child rape, the child has penetrated by fingers or objects or forced to perform oral or anal sex, however this is not considered rape by the courts.

In addition, if the victim is a minor, the onus on the accused to prove his innocence. But if the victim is a major, she is responsible for testing. Therefore, defense considers worthwhile to prove that the victim is greater. Another problem is that unless the woman is a medical examination within 24 hours, it is difficult forensic prove that the violation has occurred. Very often, can not prove penetration, the judges are trying to "rape" in the most diluted sections: 'Outraging the modesty of a woman, for example, being much lighter punishment.

Add to this is the section. 155 (4) of the Evidence Act (Repealed) allowing the victim to be questioned of his sexual past which the defense used to humiliate the victim in court. At the same time, section 54 stated: "In criminal proceedings (including rape) the fact that the defendant has a bad character is irrelevant, unless evidence has been given (by him) that has a good character, in which case it becomes relevant. "

Section 375 of Indian Penal Code (IPC) only takes into account the Penile-vaginal penetration forced to rape. Penetration with any object, be life threatening (a knife, an iron bar, etc), but physically harmful is not a violation. The penis is given a privileged position compared with other objects that can be inserted, because of the primacy placed on women's virginity. The breaking of the hymen of a woman – The ultimate symbol of sexual purity – should be avoided at all costs. "Sexual intercourse by a man with his own wife, the woman is under 15 years of age, no is rape ", according to this section. In other words, forced sexual relations within marriage is beyond the scope of the crime of rape.

The way some courts have interpreted the law or assessed the evidence has often proved an obstacle too. Despite Supreme Court rulings to the contrary, lower court judges tend to insist on tests of physical endurance or marks of injury to consider that a woman has not consented. evidence of a woman without corroboration not considered sufficient.

Therefore the rape laws so that the major deterrent, there must be a victim of cooperation, professional research diligent prosecution, and a speedy trial. On the contrary, there is no law that does not work, but applicants, the process and implementation

 

 

Previous Developments

several difficulties with the law on rape was highlighted by some insensitive treatment by the judiciary

• The Mathura rape case is illustrative. (Tukaram v. State of Maharashtra, AIR 1979 SC 185In March 1972 year old tribal girl-16 was raped by two policemen in the compound of Desai Ganj police chowky in Chandrapur district of Maharashtra. His relatives, who had come to file a complaint, patiently waiting outside even as this heinous act was perpetrated in the police station. When relatives and the crowd threatened to burn down the police chowky, the two guilty policemen, Ganpat and Tukaram, reluctantly agreed to submit a panchnama. In the Court of Sessions, Mathura was accused of being a "liar" and that since she was "habituated to sexual intercourse, consent was given. The Nagpur bench of Bombay High Court set aside the decision to consider passive submission induced by fear of a serious threat can not be interpreted as a willing sex. However, the decision of the Supreme Court remains a stain on his record of this day. The basis for the acquittal was that Mathura had not raised an alarm and had no visible marks of injuries on his body. The ruling does not distinguish between consent and submission by force

The Mathura rape case galvanized the women's movement in calling for reform criminal law that deals with rape. In 1983 the government passed the Act Amending the Penal Code. Amending Article 376 of the IPC and increases the punishment of rape but also provides a greater penalty of a minimum of 10 years imprisonment for police officers or prison staff, detention houses preventive or other places of custody established by law. The Act also inserts a new Article 114-A of the SIA, to raise a presumption as to the absence of consent in cases of custodial rape, rape in pregnant women and gang rape at least partially, removed the weakness of the evidence of rape victim who has so far been unfairly attached to her testimony without taking note of the fact that India, unlike the West a revelation of the identity of girls, rehabilitation into society of all time to come, and unless your story was painfully true she had not taken so serious a risk only to defame the accused.The law also provides for the trial in camera. It also inserts a new section in the IPC Section 228 (A), makes the disclosure of the identity of the victims of these amendments were not sufficient to halt the increase in the number of cases of sexual violence against women. A fundamental flaw in the law the definition of rape under Article 375 of Indian Penal Code (IPC), which took into account only penile-vaginal penetration. Other physical and mental injuries were left to be dealt with in sections 354 and 509 of the IPC as "outraging the modesty of a" woman.

Although the amendment was accepted only in part the demands of the campaign, the penalty was an indication of some measure of success. However, the failure of these measures was evident in the case Suman Rani. [ Despite the severe punishment taken by the modification in cases of custodial rape, the Supreme Court reduced the sentence to five years for reasons that the woman was of "questionable character" and "easy life" with "obscene" and "lewd behavior." The court also dismissed a petition for review filed by women's groups. Suman Rani's case was no exception, the judiciary is usually award less than the minimum sentence in rape trials despite the legal mandate established by the amendment. In Mohd.Habib against the State, the Delhi High Court allows a rapist to go unpunished simply because there were no signs of injury to the penis, which the High Court was indicative of presumed consent.

• In the State v. Mohd.Habib, New Delhi Supreme Court allows a rapist to go unpunished simply because there was no sign Injury to the penis, which the Court assumed was an indication of no resistance. The most significant, as the age of the victim (seven years) and had suffered a ruptured hymen and bite marks on her body were not considered by the High Court. Even the witnesses who witnessed this horrible act could not influence the High Court ruling.

• In another example of where the consciousness of agitation, Sakina, a girl of sixteen years of age, poor of Kerala, he was lured to Ernakulam with the promise of finding good work, which was sold and forced into prostitution. There are eighteen long months he was captive and raped by clients. He was eventually rescued by the police, acting on a complaint lodged by his neighbour.With the help of his parents and an attorney, filed Sakina proceedings before the High Court delivered the names of the upper echelons of the bureaucracy and society Kerala.The suit was crushed by the High Court, while observing "It is not likely to believe that a man who wants sex in the payment would go to a reluctant woman;. And that the victim's version was not so sacrosanct as to give sit '

• Considering that, in the State of Punjab vs. Gurmit Singh, the Supreme Court advised the lower courts, which, although shown to habituate girl victim of sex, the Court should not be describing his loose character.

• The Supreme Court in the case of the State of Maharashtra vs. Madhukar N. Mardik, said that "lack of chastity of a woman does not make it open to anyone and everyone who violate her person as and when it wants. She has the right protect your person if there is an attempt to rape her person against her wish. She has the same right to protection of the law. So the mere fact that she is the easy virtue, her testimony can not be thrown overboard. "

President of the Board of Railway Vs. Chandrima Das, an ombudsman the practice of Calcutta High Court filed a petition under Article.226 of the Constitution of India against the various railroad railway authorities East to claim compensation for the victim (Smt. Hanufa Khatoon) - A Bangladeshi national, who was raped at the Howrah station for railway security men. The High Court awarded Rs 10 lacs as compensation.

The Supreme Court also considered that the aid can be granted to the victim for two reasons: first, for reasons of national case law on the basis of constitutional provisions, and second in the field of Human Rights Jurisprudence in the Universal Declaration of Human Rights of 1948, which has international recognition as the "Moral Code Conduct'-approved by the UN General Assembly Together.

In view of the above, the Supreme Court has established the following guidelines for the study of rape:

1.The complaints cases of sexual assault should have legal representation. Any individual or must have a thorough knowledge.

2. Legal aid should be provided to the police station because the victim may be in a state of distress.

3. The police should be under the obligation to inform the victim of their right to a lawyer before being interrogated.

4. A list of lawyers willing to act in such cases must be kept at the police station.

5. Advocates are appointed by the Court a request by the police at the earliest, but the victim is not an issue without it, the Advocate will authorized to act on the police before leaving the station of the Court is requested and obtained.

6. In all rape trials, the anonymity of the victim must be maintained

7. You need to set the Board of Criminal Injuries Compensation with respect to the guiding principles contained in the article. 38 (1) of the Constitution of India. As some of the victims also incur substantial losses.

8. Compensation for victims will be awarded by the Court's conviction of offenders and for the International Criminal Injuries Compensation Board, whether or not a conviction has taken place. The Board will take into account the pain, the suffering, shock and loss of income due to pregnancy and childbirth, if accrued as a result of rape.

Evolution recent

In 1997, Sakshi, an organization involved in issues on women and children, approached the Supreme Court through a petition in order to seek instructions on the definition of rape in the IPC. Although the Supreme Court did not interpret the provisions of Section 375 IPC to all forms of penetration the penis, such as / vaginal penetration, penile / oral penetration, penile / anal penetration finger / vaginal penetration, finger or penetration anal, and object / vaginal penetration within its ambit. Instead, the judges took refuge behind a strict interpretation of criminal laws and decisis doctrine State - so that any alteration [In this case, the definition of rape] would result in chaos and confusion, which led the Commission Law of India to respond to issues raised in the petition. The Law Commission, under the chairmanship of Justice p. Jeevan Reddy, responded by saying that the 156th Law Commission Report had dealt with these issues. The Supreme Court, however, according to the report 156th Sakshi not addressing specific issues raised in the petition application. In August 1999, instructed the Law Commission to consider these issues again. (Sakshi v. Union of India)

After detailed consultations with the organizations, the Law Commission released their 172 Report on Review of Rape Laws in the year 2000. The Law Commission recommended changing the focus of the rape of `assault ', whose definition goes beyond penile penetration to include the penetration of any part of the body and objects, taking into account the cunnilingus and fellatio.

The report recommended the abolition of Section 155 (4) of the Evidence Act, which would prevent a rape victim from being questioned about "his" general immoral character and history sexual. Suggested prayers graduates with greater punishment for the violation committed by relatives and people in `trust or authority, public officials, and superintendents, management and hospital staff. It introduced a new Article 376 (E), which include sexual harassment in the workplace.

The committee recommended moving the burden of proof of consent to the accused. Suggested specific provisions dealing with the medical examination of the victim and the accused by a physician diploma. It is said that girls who are victims of rape should be questioned only by a female police officer, failing which a woman described as an organization social recognition should ask the questions. The commission suggested that the laws on sexual assault made gender neutral, ie men and women can be accused of rape of men, women and children. This meant that for the first time the sexual assault of minor children became prosecutable by law. He also requested that Section 377 of the IPC to be dropped, so the decriminalization of sodomy.

However, the recommendations do not take account of marital rape. It raised the age Consent of women aged 15 to 16 years, after which the woman is not protected from marital rape. It also continues to provide a window for judges to reduce the penalty for conviction under the specified minimum sentence, as suggested by the committee states: "Any number of situations may arise, the Commission can not foresee º Based on the recommendations of the Law Commission, the government passed an amendment in the winter session Parliament in 2002 deleting Section 155 (4) and inserted a clause in section 146 of the Evidence Act, which means that a rape victim not may be questioned about his past sexual behavior and its "general immoral character" ..

 

Criminal Amendment Bill, 2005

The bill, drafted by Ms. Kirti Singh advocate and legal coordinator AIDWA, is based on the 172nd report of the Law Commission to amend the laws relating to sexual assault in Section 375, 376, 354 and 509 of the IPC and relevant sections of the Code of Criminal Procedure of 1973 and the Evidence Act 1872. The recommendations are based on the national consultation on the subject organized by the National Commission for Women

• The major changes sought to achieve through This amendment to replace the current Article 375 of the IPC with the following:

"375.Sexual Assault: Sexual assault means –
(A) Introduction (Somewhat) by a man of his penis into the vagina (which term includes the labia majora), anus or urethra or mouth of any woman or child-
(B) the introduction of any action by a man of an object or a body part (other than penis) into the vagina (which term includes the labia majora) or anus or urethra of a woman
(C) the introduction of any measure, by a person of an object or body part (other than penis) into the vagina (which term includes the labia majora) or anus or a child's urethra.
(D) handling anywhere in the body of a child to cause the penetration of the vagina (which term includes labia), anus or urethra of the offender by any part of the body of the child; "

Similarly, the 2005 amendment brought forward many changes rape laws, especially in relation to the procedure detailed examination of the victim and the accused both by the insertion of new sections 164-A, 174 (1A) (B) and 53-A (a) CrPC, and made clear that, in addition to physical examination will also include a blood test, blood stains, semen, vaginal swabs in the case of sexual offenses, sputum and sweat, hair samples and fingernail clippings using modern scientific techniques including DNA analysis and other PGR evidence deemed necessary in a particular case. Section 174 (1A) (b), inserted CrPC to do the research required by the judicial magistrate in cases of rape custody and murder cases.

Recommended changes to the Evidence Act 1872 in S About the Author

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