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Courts have often questioned the police interpretation of indecency or obscenity, particularly under the controversial Bombay Police Act, and clearly demarcated private premises from public space. Yet, legal experts said, there has been little change in the attitude of the men in khaki.
“How can the police stop a citizen from having a party in his own house or on a private premise? The concept of public and private space is clearly defined under the law. Yet, more often than not police violate those norms. They have no business raiding a private party when it is not open to the public,” said advocate Samir Vaidya, who worked on a 2008 case that drew some strong observations from the Bombay high court on the issues of indecency and obscenity.
Early on Sunday, the police raided a private party in a Malad beach bungalow and fined 22 persons for “indecency”. The organizer and some others were also pulled up for playing music without permission.
In 2008, 28 men, including a few customs officers, and 11 women were rounded up from a bungalow in Lonavla. The men, the police
said, were watching pornography on a laptop and throwing money at the women as they danced.
The Bombay high court in 2010 quashed the obscenity charges invoked against the accused under section 292 of the Indian Penal Code. “As far as the aspect of obscene dance by some people in the bungalow is concerned, the said dance was not for the purpose of viewing by the general public. The people were dancing among themselves,” Justice Vijaya Kapse-Tahilramani said, ruling that the obscenity charge, therefore, could not be applied in the case.
The police’s claim that the accused were watching a pornographic film in the bungalow also failed to impress the court. “The act of the accused of privately viewing the obscene film on a laptop in the bungalow does not amount to public exhibition. Therefore, the act of the accused of privately viewing the obscene film does not constitute an offence (of obscenity),” the judge held.
The court also weighed in on the debate between a public space and a private area. The judge overruled the police’s contention that the bungalow was a public space, saying that “no member of the public could freely walk into the bungalow”.
In the Malad case, policemen claimed on Monday that they had received complaints of loud music late in the night. Locals point out that the bungalow stands near the sea, a bit off residential areas. On Sunday, some policemen said ‘sources’ had alerted them about drugs being used in the party. No drugs were found.
“Saying they have received complaints of nuisance is not enough. The problem is that ordinary citizens are being targeted,” said advocate Pradeep Havnur, adding that the police can check on a complaint but need a warrant to enter and search a private premise.
Times View: Respect privacy T he issue here is not about morality or personal preferences; it’s about privacy. Cops, like others in a free country, may or may not think highly of certain preferences (in sexuality or, for that matter, music or brands of soap). But that does not give them the right to go prying into someone’s personal life or private property. Law-enforcing agencies need to be extremely conscious of privacy issues. Seniors in the force must do everything to ensure the rule book does not become an easy tool to knock money out of citizens who may be scared of “police cases”.
WHEN COPS PLAY
PARTY POOPERS… KNOW YOUR RIGHTS Police cannot detain anybody for questioning unless he is arrested with or without a warrant Police can arrest a person without a warrant only if he is accused of a cognisable offence, is in possession of housebreaking implements, obstructs a police officer on duty, is a habitual criminal, or is preparing to commit a cognisable offence, among other reasons Police must inform a person of the reasons for arrest; a relative or a friend should be informed The arrested person should be sent for a medical test and produced before a magistrate within 24 hours If arrested on a bailable offence, police must tell the person that he can pay the amount and be released from the police station itself A person has the right to consult a lawyer of one’s choice As far as possible, women officers should be present when arresting a woman Women can be arrested after sunset only in exceptional circumstances and after an order from the judicial magistrate. Women can’t be called for questioning to the police station or any place other than their residence THE BOMBAY POLICE ACT SECTIONS OFTEN MISUSED
Section 102 Causing obstruction in a street Section 103 Obstructing a footway Section 104 Exhibiting mimetic, musical or other performances on the street Section 105 Doing offensive acts on or near street or public place Section 110 Behaving indecently in public Section 111 Obstructing or annoying passengers in the street Section 112 Misbehaviour with intent to provoke a breach of the peace Section 115 Committing nuisance in or near street HOW THE BOMBAY POLICE ACT WORKS
Police book a person and make an arrest without filing an FIR Cops collect a deposit of Rs 1,200 and release the person immediately When the matter comes up before the magistrate, if a person accepts guilt, he is convicted and fined. The remaining deposit amount is refunded
If a person refuses to plead guilty, a proper trial is held
A person can contest the police charges by filing a writ petition before the Bombay high court POLICE TARGET PUBLIC
2007 | Woman lawyer arrested and booked for indecency after police bust a rave party in Pune. HC says no case of indecency is made out
2008 | 28 men, including a few customs officers, and 11 women arrested from a bungalow in Lonavla. Charged with obscenity for dancing and viewing pornography on a laptop. HC quashes obscenity charges in 2010
SEPTEMBER 2011 | Oshiwara police raid a gay party and book 133 people for indecent behaviour
FEBRUARY 2012 | 25-year-old Mumbai youth Kuber Sarup charged with indecency for hugging and planting a peck on the cheek of his friend, a woman, near Bandstand by Khar police
JUNE 2012 | Police break up a house party in Colaba and book the guests for indecency
NOVEMBER 2012 | 21 patrons, including women, fined under the BPA for misbehaving with the police after a party is broken up in a south Mumbai lounge
"It appears that someone tried to dispose off the body into the mangroves. From the nature of injuries sustained, it appears to be case of murder," said a police official.
Following story as it appears in DNA Tuesday, Jan 15, 2013, 5:22 IST
http://articles.timesofindia.indiatimes.com/2012-09-24/mumbai/34061396_1_rti-malwani-police-women-in-different-parts
Police notion of obscenity not in consonance with HC’s: Experts
Courts Have Clearly Defined Private Space & Junked Cop Zeal
Shibu Thomas TNN
Courts have often questioned the police interpretation of indecency or obscenity, particularly under the controversial Bombay Police Act, and clearly demarcated private premises from public space. Yet, legal experts said, there has been little change in the attitude of the men in khaki.
“How can the police stop a citizen from having a party in his own house or on a private premise? The concept of public and private space is clearly defined under the law. Yet, more often than not police violate those norms. They have no business raiding a private party when it is not open to the public,” said advocate Samir Vaidya, who worked on a 2008 case that drew some strong observations from the Bombay high court on the issues of indecency and obscenity.
Early on Sunday, the police raided a private party in a Malad beach bungalow and fined 22 persons for “indecency”. The organizer and some others were also pulled up for playing music without permission.
In 2008, 28 men, including a few customs officers, and 11 women were rounded up from a bungalow in Lonavla. The men, the police
said, were watching pornography on a laptop and throwing money at the women as they danced.
The Bombay high court in 2010 quashed the obscenity charges invoked against the accused under section 292 of the Indian Penal Code. “As far as the aspect of obscene dance by some people in the bungalow is concerned, the said dance was not for the purpose of viewing by the general public. The people were dancing among themselves,” Justice Vijaya Kapse-Tahilramani said, ruling that the obscenity charge, therefore, could not be applied in the case.
The police’s claim that the accused were watching a pornographic film in the bungalow also failed to impress the court. “The act of the accused of privately viewing the obscene film on a laptop in the bungalow does not amount to public exhibition. Therefore, the act of the accused of privately viewing the obscene film does not constitute an offence (of obscenity),” the judge held.
The court also weighed in on the debate between a public space and a private area. The judge overruled the police’s contention that the bungalow was a public space, saying that “no member of the public could freely walk into the bungalow”.
In the Malad case, policemen claimed on Monday that they had received complaints of loud music late in the night. Locals point out that the bungalow stands near the sea, a bit off residential areas. On Sunday, some policemen said ‘sources’ had alerted them about drugs being used in the party. No drugs were found.
“Saying they have received complaints of nuisance is not enough. The problem is that ordinary citizens are being targeted,” said advocate Pradeep Havnur, adding that the police can check on a complaint but need a warrant to enter and search a private premise.
Times View: Respect privacy T he issue here is not about morality or personal preferences; it’s about privacy. Cops, like others in a free country, may or may not think highly of certain preferences (in sexuality or, for that matter, music or brands of soap). But that does not give them the right to go prying into someone’s personal life or private property. Law-enforcing agencies need to be extremely conscious of privacy issues. Seniors in the force must do everything to ensure the rule book does not become an easy tool to knock money out of citizens who may be scared of “police cases”.
WHEN COPS PLAY
PARTY POOPERS… KNOW YOUR RIGHTS Police cannot detain anybody for questioning unless he is arrested with or without a warrant Police can arrest a person without a warrant only if he is accused of a cognisable offence, is in possession of housebreaking implements, obstructs a police officer on duty, is a habitual criminal, or is preparing to commit a cognisable offence, among other reasons Police must inform a person of the reasons for arrest; a relative or a friend should be informed The arrested person should be sent for a medical test and produced before a magistrate within 24 hours If arrested on a bailable offence, police must tell the person that he can pay the amount and be released from the police station itself A person has the right to consult a lawyer of one’s choice As far as possible, women officers should be present when arresting a woman Women can be arrested after sunset only in exceptional circumstances and after an order from the judicial magistrate. Women can’t be called for questioning to the police station or any place other than their residence THE BOMBAY POLICE ACT SECTIONS OFTEN MISUSED
Section 102 Causing obstruction in a street Section 103 Obstructing a footway Section 104 Exhibiting mimetic, musical or other performances on the street Section 105 Doing offensive acts on or near street or public place Section 110 Behaving indecently in public Section 111 Obstructing or annoying passengers in the street Section 112 Misbehaviour with intent to provoke a breach of the peace Section 115 Committing nuisance in or near street HOW THE BOMBAY POLICE ACT WORKS
Police book a person and make an arrest without filing an FIR Cops collect a deposit of Rs 1,200 and release the person immediately When the matter comes up before the magistrate, if a person accepts guilt, he is convicted and fined. The remaining deposit amount is refunded
If a person refuses to plead guilty, a proper trial is held
A person can contest the police charges by filing a writ petition before the Bombay high court POLICE TARGET PUBLIC
2007 | Woman lawyer arrested and booked for indecency after police bust a rave party in Pune. HC says no case of indecency is made out
2008 | 28 men, including a few customs officers, and 11 women arrested from a bungalow in Lonavla. Charged with obscenity for dancing and viewing pornography on a laptop. HC quashes obscenity charges in 2010
SEPTEMBER 2011 | Oshiwara police raid a gay party and book 133 people for indecent behaviour
FEBRUARY 2012 | 25-year-old Mumbai youth Kuber Sarup charged with indecency for hugging and planting a peck on the cheek of his friend, a woman, near Bandstand by Khar police
JUNE 2012 | Police break up a house party in Colaba and book the guests for indecency
NOVEMBER 2012 | 21 patrons, including women, fined under the BPA for misbehaving with the police after a party is broken up in a south Mumbai lounge
http://articles.timesofindia.indiatimes.com/2013-01-29/mumbai/36615767_1_malwani-body-passerby
Woman found murdered at Malwani
MUMBAI: A 35-year-old woman was found murdered near a patch of mangroves at Malwani on January 23. Police officials said the woman was strangulated with a dupatta and it was left knotted at her throat. Marks of cigarette butts on her face indicated torture and blood clots were also found on her face.
The deceased hasn't been identified. She was dressed in a blue kurta and a pink salwar. A passerby spotted the body and informed the police control room around 7.45 am. A vehicle from the Malwani police station was immediately dispatched to the spot but couldn't find the body. The cops then called up the passerby and asked him for specific locations, before they came across the body.
"It appears that someone tried to dispose off the body into the mangroves. From the nature of injuries sustained, it appears to be case of murder," said a police official.
The cops have recorded statements of the passerby, who found the body, besides a few local residents. Apparently, a few women had been spotted by locals hovering around the body earlier, but its not clear whether they have anything to do with the murder. The body was sent to the Borivali post-mortem centre for an autopsy.
Following story as it appears in DNA Tuesday, Jan 15, 2013, 5:22 IST
http://www.dnaindia.com/mumbai/report_women-being-targeted-by-local-gang-in-malwani_1788980
Women being targeted by local gang in Malwani
Women from Ambujwadi slum in Malvani are struggling to fight against a gang of youngsters who harass them and rob their houses in Malad (W). Despite several protests in the city against attacks on women, residents allege that the police is not keen on taking action against these criminals as they believe the cops are hand in glove with them.
After a spate of robberies in the slum, residents say that their complaints are going unheard. “The gang of youngsters (aged between 15 and 27) operate in groups of three or four. They rob houses in the middle of the night or early morning after using a spray on those asleep so that they don’t wake up. The police doesn’t take action as these criminals bribe them. They are known offenders who make and sell drugs,” said a resident, on the condition of anonymity.
Social workers claim that the gang is also involved in cases of sexual violence. Most of these cases are not reported for fear of reprisals.
“These youngsters are drug addicts who sell thinners, illegal alcohol and steal electricity. I was drugged early in the morning in November, 2012 following which they robbed my house. I lodged a complaint but no action has been taken so far,” said Gulab Pawar, a resident of Ambujwadi.
A 25-year-old man was beaten up by gang members when he complained to the police. “The police don’t help us. What can we do?” he said.
DCP Zone XI Mahesh Patil told DNA that the allegations were untrue. “Why should we let off robbers? No such complaints have been made,” he said and added that he will check with the senior inspector at Malvani police station.
http://articles.timesofindia.indiatimes.com/2011-11-11/mumbai/30386540_1_malwani-autorickshaw-driver-waheeda
Girl missing for 5 months found, battling for life
Mumbai: A girl of 14 who went missing from her Malwani locality five months ago was recently found semi-conscious by locals in a garden.
She was brought back home, but was in such poor health that she had to be admitted to hospital. She is at present battling for life at the B Y L Nair Hospital, Mumbai Central.
Doctors have told her father, an autorickshaw driver, that she was subjected to prolonged sexual and physical abuse in captivity.
While the father has blamed the Malwani police for apathy, saying kidnappings are not uncommon in the locality given the police's lax attitude towards crime, senior inspector Abdul Rauf Sheikh said he had to look into the details before commenting.
When the girl, Aarifa, was found, she was severely malnourished, frail and had a decreased pulse rate. Her father, Usmaan Khan, said she was a bag of bones with sunken eyes and cheeks, and could barely stand, see or speak. Her mother, Waheeda, breaks down at the mention of the months the couple spent searching for her.
Waheeda said Aarifa was out playing with friends , when a "boy took her away after offering her something to eat".
"She was sexually assaulted over five months. They treated her like an animal. I haven't been able to tell my wife what the doctors told me about her experience," said Usmaan. "She had to survive on stones, mud and paper as she was given food once in weeks."
The head of the team treating Aarifa said she had multiple holes in her stomach. (Names changed to protect victim's identity)
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They act after youth ‘physically assaulted’ by employer writes to DyCM and DCP
MUMBAI: When Shamsher Hussain, a 23-year-old designer of sofas, approached the Malwani police with a complaint accusing his employer of physically assaulting him, they allegedly refused to cooperate.
But later they were forced to act — DCP (Zone XI) Makrant Ranade instructed them to register an FIR after Hussain wrote a letter to him and the deputy chief minister RR Patil. In his complaint, Hussain alleged that Syed Qayyam’s men slashed his wrist and neck with sharp objects when he demanded his salary dues.
Qayyam, who owns Team Pinnacle Venue Constructs, a Mumbai-based event management company denied the allegation.
Hussain said he joined Qayyam’s company in January 2006 as site manager. “But when they did not pay my salary, I quit.” In September last year, Hussain said, Qayyam asked him to join again. “After I rejoined I kept asking for my dues, but they were not cleared.”
On March 3, Hussain said,he again reminded his boss about the dues. “Qayyam asked me to visit his Malad godown the next day (March 4) to collect them,” Hussain claimed. “When I went to Malad, eight men slashed my wrist and neck. Later, they made it look like a suicide attempt, saying I was a psychiatric patient.”
Initially, the Malwani police refused to take his complaint, Hussain said. “I wrote to the deputy chief minister and home minister RR Patil and DCP saying the police were refusing to cooperate.”
Qayyam claimed that Hussain is a psychiatric patient. He said he gave Hussain a job considering the dire situation his family was in. “But within a month of joining he quit,” Qayyam said.
He claimed that Hussain had slashed himself on the neck and the wrist. “I rushed him to a hospital.” He then lodged a complaint against Hussain a week before an FIR was registered against him, Qayyam said.
“It is not possible for me to keep track of each and every case that is registered,” Ranade said. “The Malwani police have been told to investigate the case,” he said.
Senior inspector Jaywant Hargude said, “According to the medical report, the complainant (Hussain) had injured himself.” DNA has a copy of the medical report.
Hussain, however, alleged that the report had been forged. “The discharge sheet shows that I was discharged on March 5, but the in-patient case sheet shows my discharge date as March 6. How can this be?” he questioned.
Dr Manoj Aithal, who according to the medical report was the doctor in charge of treating Hussain, said he did not want to comment.
When asked about the discrepancy in the medical report, Hargude said he will investigate the matter.
http://articles.timesofindia.indiatimes.com/2012-09-24/mumbai/34061396_1_rti-malwani-police-women-in-different-parts
Most ‘missing’ women eloped with lovers: RTI
MUMBAI: The D N Nagar police recently decided to close a missing case of a 19-year-old after they found that she had eloped with her lover, whom she subsequently married. Later, the couple even had a child.
This is not a solitary case, said the police, who feel the difficulty in tracing persons reported "missing" often stems from the fact that most of them are women (in the 11-25 age group), who eloped with their lovers.
Data procured by RTI activist Chetan Kothari showed that till July 2,247 females between the age group of 11 and 25 were reported missing. The police managed to trace 1,924 of them and found that many had married the person they eloped with.
"We have little role to play in cases where the person is a major. We inform their family about the situation and close the case after informing our superior officer," said an official.
Last month, the police found the bodies of four unidentified women in different parts of the city. Their bodies had been dumped after all identification had been removed. However, only one of the four cases was solved after the Malwani police discovered that the woman had been killed by her husband and his friends.
According to the police, the accused had not filed a missing complaint to avoid any suspicion. Information obtained through RTI revealed that that many of the men (11 to 25 age group) were reported "missing" after they ran away without informing their family. In 2012, 1309 men were reported missing, of which 1,113 were traced.
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