17 September 2009

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India – Kaya Enrich Molested and Humiliated In Metropolitan Court


India – Kaya Enrich Molested and Humiliated In Metropolitan Court
Case Study –
What happened with Kaya Enrich –?
Kaya Enrich, a 23-year-old British Student, came to India to attend a three-month internship programme with a city-based NGO.
She filed a case against a local plumber, who she has accused of trying to molest her.



She has made the complaint in a letter to the Chief Justice K S Radhakrishnan a day after she was asked embarrassing questions at a metropolitan court in Ahmedabad.
In the letter, the woman alleged that Sanjay Prajapati, lawyer representing the plumber, humiliated her by asking whether she smoked or consumed alcohol, her lawyer Meena Jagtap said.
Kaya says that. "The questioning was aggressive, and it seemed to be aimed at demeaning me as far as possible so as to weaken the case."
Questions like whether she drinks, or if her friends smoke. She says, "The experience in the court was humiliating. It was not physically painful as sexual assault, but I was just as frightened".
Current status of case is that the Gujarat High Court has given her a private lawyer.
And proceedings will be held in camera.
In camera proceedings mean case will be tried in the Presence of persons who are really required to be present at that time in the court room.

Reality Views by sm -

Lets Understand what mistakes happened –
Regarding molestation case normally accused is charged with Section 354 of IPC.
There are other charges also in this case I am not aware which charges were framed against accused.
As per the current India law in a rape case also the character of female has no value as evidence regarding punishment of accused person , he will be punished.
Even if it be found that the prosecutrix was woman of a bad character and even a prostitute, her right of privacy cannot be violated by any person and the accused must be punished for commission of rape irrespective of her general character
This is the settled law in India.
So in this case the defense lawyer should not have asked questions like smoking, drinking to Kaya. As per Indian law prostitute can also file a case of molestation or rape.
The defense lawyer has asked the questions which were pointing towards her character but most important point is that, about the current status of Indian law the prosecution lawyer as well as honorable Judge were also aware, but both kept the silence.
If someone is behaving against the law its duty of everyone to remind him that what he is doing is not allowed as per law.
Even Judges have these types of powers to stop the lawyers if he finds the defense is crossing his limits or going against the current settled law.
I appreciate what Kaya Enrich has done by going public, and complaining to the Honorable high court.

Watch The Video Kaya Enrich telling her story-


Watch The Video –Defence lawyer Sanjay Prajapati has defended his action in the Kaya molestation case saying whatever he did, it was for his client.




29 comments:

Anonymous,  September 17, 2009  

It is good to know that atleast in book the rules state that an assault is an assault irrespective of the so-called character of the girl.

sm,  September 17, 2009  

Shilpadesh,
thanks

sm,  September 17, 2009  

Please let me know , below the popular post widget do you see the message
Upgrade to pro today ?
If you see it please mention it.
thanks for help.

sachin,  September 17, 2009  

well done kaya

Renu September 17, 2009  

I feel sad when foreigners or foreign students face such misbehaviour and on top of that this treatment in the court.
Any crime must be viewed in isolation of everything, disregarding the character of the victim or any past incident even.

ASWANI September 17, 2009  

Well, this is just a tip of the iceberg. There are many more similar cases which occur today. but unlike these foreigners we tend to keep quiet. I think everyone should learn from Kaya and raise their voice if such things happen to them too.

BK Chowla September 17, 2009  

Such complaints have been mentioned before,but no one has gone public and the media picked it up.We must compliment Kaya.
Having done so,should we not be also supporting those poor girls who face such unpleasant situation every day?
But,who will come forward??

sm,  September 17, 2009  

Renu,
thanks this happens always but we keep silence and families also keep silence.

sm,  September 17, 2009  

Aswani,
yes i agree with you everyone should come out

sm,  September 17, 2009  

BK,
yes your question who will come forward very important, i have no answer

Viral Kothari September 17, 2009  

The name is not kaya enrich, its must be kaya edrich, inshort last seems wrong.
Any one Kindly confirm

sm,  September 17, 2009  

@Viral,
Majority news channels, news papers have mentioned her name as Kaya Enrich, I found name Kaya Eldridge used by only one website.
So her name is Kaya Enrich.
Thanks for putting the question.

Swatantra September 17, 2009  

Thanks for sharing!! I never knew that a prostitute can also file a case against Rape...Amazing!!

sm,  September 18, 2009  

Swatantra,
thanks

sangeeta September 18, 2009  

just wrote a comment about this case at IHM's blog ......i clap for Kaya for her courage...
thanks for visiting my blog.

Anonymous,  September 18, 2009  

This was informative, the good thing is that the law is with her, the terrible thing is that those who should have stood by her didn't. They didn't think she or nay woman should bother whether they were shown any respect or not...imagine laughing at the victim, who wasn't even understanding half of what was going on! There must be thousands of other such cases that we never hear of. We really have no respect for women in this country. Thanks for the video. I have added the link to this post, to your comment on my blog.

SG September 18, 2009  

Nice post. Sorry for the girl. In any country, the money wins. Remember OJ Simpson?

Insignia September 18, 2009  

I saw this story on TV the other day. It was really bold on this girl's part to have come out in public. So many victims are so scared even to come out and talk about it for the fear of humiliation and embarrassment.

For no fault of theirs, they are considered a taboo in the society. Hope things change for the better in this country

sm,  September 18, 2009  

IHM,
thanks for adding the link.
yes i agree with you, but i am sure one day this country will change.

sm,  September 18, 2009  

SG,
thanks yes money wins in India.

sm,  September 18, 2009  

Insignia,
yes thanks you have correctly said victims are afraid.

sakthi September 21, 2009  

thanks for u comment

sm,  September 21, 2009  

Sakthi,
thanks

sm,  September 23, 2009  

on another site i found name
Kayal Elridge

sakthi September 23, 2009  

i have added u in my blog roll .. expecting the same /./

Anonymous,  September 23, 2009  

Hi, my name is Kaya Eldridge the woman is question and I just wanted to confirm my name and thank you all for your kind words and support they are much appreciated, it has been incredible for em to have so many people behind during this difficult time.

sm,  September 24, 2009  

Anonymous aka Kaya Eldridge
thanks for visit and comment.

priya,  September 30, 2009  

Nice post.