Comments on: “Kya kar rahe ho?” http://sepiamutiny.com/blog/2005/07/01/kya_kar_rahe_ho_1/ All that flavorful brownness in one savory packet Sat, 30 Nov 2013 11:11:28 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: custom t-shirts http://sepiamutiny.com/blog/2005/07/01/kya_kar_rahe_ho_1/comment-page-1/#comment-260525 custom t-shirts Tue, 03 Nov 2009 19:58:01 +0000 http://sepiamutiny.com?p=1794#comment-260525 <p>I THINK its a true stories all coments have reallity..THANKS for all</p> I THINK its a true stories all coments have reallity..THANKS for all

]]>
By: Alka http://sepiamutiny.com/blog/2005/07/01/kya_kar_rahe_ho_1/comment-page-1/#comment-15110 Alka Wed, 06 Jul 2005 21:13:58 +0000 http://sepiamutiny.com?p=1794#comment-15110 <blockquote> <blockquote> <p>would it make the situation worse? would it shock the haraami bastard? Can anybody offer 2paise, because I've never gotten an answer, and I'm curious...</p> </blockquote> </blockquote> <p>If the question is about legality, I dont know.</p> <p>But, yes, if you are in a crowded street, and that guy is alone, slapping that bastrad followed by "tumhare maa behen nahi hai kya.. etc." will give us nice chance for revenge. The guy will probably scamper away, but if he is unlucky and a crowd collects, they beat the shit out of the guy, just coz they found a punching bag.</p>

would it make the situation worse? would it shock the haraami bastard? Can anybody offer 2paise, because I’ve never gotten an answer, and I’m curious…

If the question is about legality, I dont know.

But, yes, if you are in a crowded street, and that guy is alone, slapping that bastrad followed by “tumhare maa behen nahi hai kya.. etc.” will give us nice chance for revenge. The guy will probably scamper away, but if he is unlucky and a crowd collects, they beat the shit out of the guy, just coz they found a punching bag.

]]>
By: DesiDancer http://sepiamutiny.com/blog/2005/07/01/kya_kar_rahe_ho_1/comment-page-1/#comment-14933 DesiDancer Tue, 05 Jul 2005 15:52:58 +0000 http://sepiamutiny.com?p=1794#comment-14933 <p>I've asked my girl-cousins this question and not gotten a straight answer, WRT situations like this and even eve-teasers:</p> <p>what would happen if you gave the bastard one solid thappard?</p> <p>would it make the situation worse? would it shock the haraami bastard? Can anybody offer 2paise, because I've never gotten an answer, and I'm curious...</p> I’ve asked my girl-cousins this question and not gotten a straight answer, WRT situations like this and even eve-teasers:

what would happen if you gave the bastard one solid thappard?

would it make the situation worse? would it shock the haraami bastard? Can anybody offer 2paise, because I’ve never gotten an answer, and I’m curious…

]]>
By: vurdlife http://sepiamutiny.com/blog/2005/07/01/kya_kar_rahe_ho_1/comment-page-1/#comment-14837 vurdlife Sun, 03 Jul 2005 06:45:44 +0000 http://sepiamutiny.com?p=1794#comment-14837 <p>admittedly my experience is anecdotal, and based basically on hearsay. My friend was held for 24 hours over a misunderstanding about a suspended license (happened to be named mohammad too), and he mentioned the latino and black guys in central booking were treated like crap.</p> admittedly my experience is anecdotal, and based basically on hearsay. My friend was held for 24 hours over a misunderstanding about a suspended license (happened to be named mohammad too), and he mentioned the latino and black guys in central booking were treated like crap.

]]>
By: Al Mujahid http://sepiamutiny.com/blog/2005/07/01/kya_kar_rahe_ho_1/comment-page-1/#comment-14812 Al Mujahid Sat, 02 Jul 2005 22:09:15 +0000 http://sepiamutiny.com?p=1794#comment-14812 <p><i>Man spoke no English, he was from Bihar. Another cop wandered in flicking a long cane stick and walloped the man, making large swishing noises. I felt like in a scene from Maximum City</i></p> <p>Vurdlife, This kind of walloping by the police is not that common in the US unless the guy is a Muslim immigrant in the post 9-11 world or a Rodney King who was awarded a few millions for the wallaoping. In India this kind of walloping by the police is normal.</p> <p>.</p> Man spoke no English, he was from Bihar. Another cop wandered in flicking a long cane stick and walloped the man, making large swishing noises. I felt like in a scene from Maximum City

Vurdlife, This kind of walloping by the police is not that common in the US unless the guy is a Muslim immigrant in the post 9-11 world or a Rodney King who was awarded a few millions for the wallaoping. In India this kind of walloping by the police is normal.

.

]]>
By: vurdlife http://sepiamutiny.com/blog/2005/07/01/kya_kar_rahe_ho_1/comment-page-1/#comment-14811 vurdlife Sat, 02 Jul 2005 22:03:56 +0000 http://sepiamutiny.com?p=1794#comment-14811 <p>AM, Indian law is in many ways very similar to American law since they are both based on british common law. I know, for instance, that the entire corpus of common law rules of evidence (in the US, codified into the FREs and state rules) is basically the same in both countries. Same with common law crimes.</p> <p>It is odd that the guy was made to sit on the ground, but talk to anyone in the US who has been jailed (not even charged) and put in central booking , and they'll tell you it isn't exactly a humane experience here either.</p> AM, Indian law is in many ways very similar to American law since they are both based on british common law. I know, for instance, that the entire corpus of common law rules of evidence (in the US, codified into the FREs and state rules) is basically the same in both countries. Same with common law crimes.

It is odd that the guy was made to sit on the ground, but talk to anyone in the US who has been jailed (not even charged) and put in central booking , and they’ll tell you it isn’t exactly a humane experience here either.

]]>
By: Al Mujahid http://sepiamutiny.com/blog/2005/07/01/kya_kar_rahe_ho_1/comment-page-1/#comment-14794 Al Mujahid Sat, 02 Jul 2005 15:07:18 +0000 http://sepiamutiny.com?p=1794#comment-14794 <p>I am still not clear on the law of remand and bail. For example, as this was a supposedly congnizable offense, will the accused here be in jail for 15 days without receiving a hearing from the Magistrate ? Also what exactly made the offense cognizable ? His admission ? The TC and the Police apparently were not there at the time of the 'incident' and came later merely to record your statements and 'imprison' the man based on your allegation. I also find it very very disturbing that the perpetrator here was made to sit on the floor. Why would any person be made to sit on the floor and de-humanized ? Anyways, please dont miscontrue my concern for the rights of the accused as as attempt to either create some kind of moral equivalence or a sign of incredulity on my behalf. I do believe your story especially in light of the fact that the man confessed to what you accused him of doing.</p> <p>You also stated <i>" Yes, it is true there is some ambiguity - my word versus his and so on - but I'm also uncertain how you would be able to 'prove' molestation and harrassment when there was no physical evidence".</i></p> <p>Well I can tell you what will happen in the US for a case like this. If a similar thing happened to you on lets say a subway (and not in a school by a teacher or parent at home) the accused in all probability will never confess to the wrong doing as everybody is taught in America to never make a confession. If you call the police and provided the accused does not escape by the time the police comes, the police can interrogate him on a reasonable suspicion and arrest him or take him in police custody for further investigation/interrogation if they have probably cause. He of course will be Mirandized meaning he will be told that he need not confess and .......... The public prosecutor will then decide whether he wants to press charges or not. In your situation, I dont think any prosecutor (without an admission by the accused) will press charges. The case of course will be different if the accused was a repeat offender etc., A lot will depend on the rules of evidence in that state. For example can prior evidence of similar signature harassment convictions of the accussed come in or not and so on. If the prosecutor does charge, there will probably be a jury trial where the jury will either believe you or him. It will come down to credibility. A lot will depend on the procedural moves (for example whether the accused will testify and that in turn will determine what other evidence including evidence of the accused prior crimes can come in) If the accused used the same modus operandi to harass other women, then in most states that evidence will be allowed to come in. It has to be noted that in most states in the US, the accused has to be presented in front of the magistrate within 48 hours. There are no non bailable offences per se. Also the accused will be provided with a lawyer.</p> I am still not clear on the law of remand and bail. For example, as this was a supposedly congnizable offense, will the accused here be in jail for 15 days without receiving a hearing from the Magistrate ? Also what exactly made the offense cognizable ? His admission ? The TC and the Police apparently were not there at the time of the ‘incident’ and came later merely to record your statements and ‘imprison’ the man based on your allegation. I also find it very very disturbing that the perpetrator here was made to sit on the floor. Why would any person be made to sit on the floor and de-humanized ? Anyways, please dont miscontrue my concern for the rights of the accused as as attempt to either create some kind of moral equivalence or a sign of incredulity on my behalf. I do believe your story especially in light of the fact that the man confessed to what you accused him of doing.

You also stated ” Yes, it is true there is some ambiguity – my word versus his and so on – but I’m also uncertain how you would be able to ‘prove’ molestation and harrassment when there was no physical evidence”.

Well I can tell you what will happen in the US for a case like this. If a similar thing happened to you on lets say a subway (and not in a school by a teacher or parent at home) the accused in all probability will never confess to the wrong doing as everybody is taught in America to never make a confession. If you call the police and provided the accused does not escape by the time the police comes, the police can interrogate him on a reasonable suspicion and arrest him or take him in police custody for further investigation/interrogation if they have probably cause. He of course will be Mirandized meaning he will be told that he need not confess and ………. The public prosecutor will then decide whether he wants to press charges or not. In your situation, I dont think any prosecutor (without an admission by the accused) will press charges. The case of course will be different if the accused was a repeat offender etc., A lot will depend on the rules of evidence in that state. For example can prior evidence of similar signature harassment convictions of the accussed come in or not and so on. If the prosecutor does charge, there will probably be a jury trial where the jury will either believe you or him. It will come down to credibility. A lot will depend on the procedural moves (for example whether the accused will testify and that in turn will determine what other evidence including evidence of the accused prior crimes can come in) If the accused used the same modus operandi to harass other women, then in most states that evidence will be allowed to come in. It has to be noted that in most states in the US, the accused has to be presented in front of the magistrate within 48 hours. There are no non bailable offences per se. Also the accused will be provided with a lawyer.

]]>
By: Mangs http://sepiamutiny.com/blog/2005/07/01/kya_kar_rahe_ho_1/comment-page-1/#comment-14793 Mangs Sat, 02 Jul 2005 13:46:04 +0000 http://sepiamutiny.com?p=1794#comment-14793 <p>And um, 'reader', I doubt I would have felt any different if it was 'some rich, fair, hunk' touching me on the night in a train. What I was trying to untangle in my head was how we invariably see the perpetrator as Other: whether in terms of class, caste or gender. On the surface this appears to be a girl-was-touched-she-complained story, but there were strains of other, more complex, issues involved that I'm sorting out. If you'd like to email me, please do: hemanginigupta@rediffmail.com</p> <p>And my working for the 'left leaning' Hindu has nothing to do with any of this.</p> And um, ‘reader’, I doubt I would have felt any different if it was ‘some rich, fair, hunk’ touching me on the night in a train. What I was trying to untangle in my head was how we invariably see the perpetrator as Other: whether in terms of class, caste or gender. On the surface this appears to be a girl-was-touched-she-complained story, but there were strains of other, more complex, issues involved that I’m sorting out. If you’d like to email me, please do: hemanginigupta@rediffmail.com

And my working for the ‘left leaning’ Hindu has nothing to do with any of this.

]]>
By: Mangs http://sepiamutiny.com/blog/2005/07/01/kya_kar_rahe_ho_1/comment-page-1/#comment-14792 Mangs Sat, 02 Jul 2005 13:39:30 +0000 http://sepiamutiny.com?p=1794#comment-14792 <p>Al Mujahid -</p> <p>Hi, I was looking these acts up, because I found it odd too that all it took was a complaint. The Inspector told me he would be in a remand facility for 15 days, but i doubt if this would have happened. Maybe they were saying it to placate me? I understand this is the correct legal procedure: an FIR filed under these sections is both cognisable as well as bailable. Within 24 hours, Kumar has to be produced before a magistrate who will then decide his bail and whether he should be put in remand for a 15-or so day period. If he was put in remand, he will be up before the magistrate again after the 15-day period. A chargesheet will be prepared and within 90 days I will be required to be present at the trial, and will be granted access to a public prosecutor. Since the section is cognisable i understand that the FIR was accepted because the TC was present to verify and the cops were on the train. Yes, it is true there is some ambiguity - my word versus his and so on - but I'm also uncertain how you would be able to 'prove' molestation and harrassment when there was no physical evidence.</p> Al Mujahid -

Hi, I was looking these acts up, because I found it odd too that all it took was a complaint. The Inspector told me he would be in a remand facility for 15 days, but i doubt if this would have happened. Maybe they were saying it to placate me? I understand this is the correct legal procedure: an FIR filed under these sections is both cognisable as well as bailable. Within 24 hours, Kumar has to be produced before a magistrate who will then decide his bail and whether he should be put in remand for a 15-or so day period. If he was put in remand, he will be up before the magistrate again after the 15-day period. A chargesheet will be prepared and within 90 days I will be required to be present at the trial, and will be granted access to a public prosecutor. Since the section is cognisable i understand that the FIR was accepted because the TC was present to verify and the cops were on the train. Yes, it is true there is some ambiguity – my word versus his and so on – but I’m also uncertain how you would be able to ‘prove’ molestation and harrassment when there was no physical evidence.

]]>
By: Duniya Dur Darshan http://sepiamutiny.com/blog/2005/07/01/kya_kar_rahe_ho_1/comment-page-1/#comment-14786 Duniya Dur Darshan Sat, 02 Jul 2005 08:52:31 +0000 http://sepiamutiny.com?p=1794#comment-14786 <blockquote><p> There's plenty of harassment in Italy also (though I don't know if it stops at leering, unlike India), and that's more about machismo than repression. So maybe it's more about women's level of power in each culture?</p></blockquote> <p> Well, I would argue that there is also repression in Italy, just not the same as India. I think that many Italian men learn to think of women as inferior through the culture in which they are raised. What is repressed is the notion that women are equal to men. The more power women assert for themselves, the more cases of harassment will come to light. However, unless that power is used to simultaneously educate men then a serious backlash against women will occur, which will be detrimental to all.</p>

There’s plenty of harassment in Italy also (though I don’t know if it stops at leering, unlike India), and that’s more about machismo than repression. So maybe it’s more about women’s level of power in each culture?

Well, I would argue that there is also repression in Italy, just not the same as India. I think that many Italian men learn to think of women as inferior through the culture in which they are raised. What is repressed is the notion that women are equal to men. The more power women assert for themselves, the more cases of harassment will come to light. However, unless that power is used to simultaneously educate men then a serious backlash against women will occur, which will be detrimental to all.

]]>