Your medical chart could include exercise minutes

CHICAGO (AP) — Roll up a sleeve for the blood pressure cuff. Stick out a wrist for the pulse-taking. Lift your tongue for the thermometer. Report how many minutes you are active or getting exercise.

Wait, what?

If the last item isn't part of the usual drill at your doctor's office, a movement is afoot to change that. One recent national survey indicated only a third of Americans said their doctors asked about or prescribed physical activity.

Kaiser Permanente, one of the nation's largest nonprofit health insurance plans, made a big push a few years ago to get its southern California doctors to ask patients about exercise. Since then, Kaiser has expanded the program across California and to several other states. Now almost 9 million patients are asked at every visit, and some other medical systems are doing it, too.

Here's how it works: During any routine check of vital signs, a nurse or medical assistant asks how many days a week the patient exercises and for how long. The number of minutes per week is posted along with other vitals at the top the medical chart. So it's among the first things the doctor sees.

"All we ask our physicians to do is to make a comment on it, like, 'Hey, good job,' or 'I noticed today that your blood pressure is too high and you're not doing any exercise. There's a connection there. We really need to start you walking 30 minutes a day,'" said Dr. Robert Sallis, a Kaiser family doctor. He hatched the vital sign idea as part of a larger initiative by doctors groups.

He said Kaiser doctors generally prescribe exercise first, instead of medication, and for many patients who follow through that's often all it takes.

It's a challenge to make progress. A study looking at the first year of Kaiser's effort showed more than a third of patients said they never exercise.

Sallis said some patients may not be aware that research shows physical inactivity is riskier than high blood pressure, obesity and other health risks people know they should avoid. As recently as November a government-led study concluded that people who routinely exercise live longer than others, even if they're overweight.

Zendi Solano, who works for Kaiser as a research assistant in Pasadena, Calif., says she always knew exercise was a good thing. But until about a year ago, when her Kaiser doctor started routinely measuring it, she "really didn't take it seriously."

She was obese, and in a family of diabetics, had elevated blood sugar. She sometimes did push-ups and other strength training but not anything very sustained or strenuous.

Solano, 34, decided to take up running and after a couple of months she was doing three miles. Then she began training for a half marathon — and ran that 13-mile race in May in less than three hours. She formed a running club with co-workers and now runs several miles a week. She also started eating smaller portions and buying more fruits and vegetables.

She is still overweight but has lost 30 pounds and her blood sugar is normal.

Her doctor praised the improvement at her last physical in June and Solano says the routine exercise checks are "a great reminder."

Kaiser began the program about three years ago after 2008 government guidelines recommended at least 2 1/2 hours of moderately vigorous exercise each week. That includes brisk walking, cycling, lawn-mowing — anything that gets you breathing a little harder than normal for at least 10 minutes at a time.

A recently published study of nearly 2 million people in Kaiser's southern California network found that less than a third met physical activity guidelines during the program's first year ending in March 2011. That's worse than results from national studies. But promoters of the vital signs effort think Kaiser's numbers are more realistic because people are more likely to tell their own doctors the truth.

Dr. Elizabeth Joy of Salt Lake City has created a nearly identical program and she expects 300 physicians in her Intermountain Healthcare network to be involved early this year.

"There are some real opportunities there to kind of shift patients' expectations about the value of physical activity on health," Joy said.

NorthShore University HealthSystem in Chicago's northern suburbs plans to start an exercise vital sign program this month, eventually involving about 200 primary care doctors.

Dr. Carrie Jaworski, a NorthShore family and sports medicine specialist, already asks patients about exercise. She said some of her diabetic patients have been able to cut back on their medicines after getting active.

Dr. William Dietz, an obesity expert who retired last year from the Centers for Disease Control and Prevention, said measuring a patient's exercise regardless of method is essential, but that "naming it as a vital sign kind of elevates it."

Figuring out how to get people to be more active is the important next step, he said, and could have a big effect in reducing medical costs.

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Online:

Exercise: http://1.usa.gov/b6AkMa

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AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

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Hagel to Be Obama's Defense Secretary Nominee

Jan 6, 2013 4:52pm

(Junko Kimura/Getty Images)

WASHINGTON, D.C. — President Obama will nominate former senator Chuck Hagel to be his next Secretary of Defense tomorrow.

Senior officials within the administration and Capitol Hill confirmed the pick to ABC News today after the Nebraska Republican had emerged as a frontrunner among potential candidates several weeks ago.

Hagel, 66, is a decorated Vietnam veteran and businessman who served in the senate from 1997 to 2009. After having sat on that chamber’s Foreign Relations and Intelligence Committees,  he has in recent years gathered praise from current and former diplomats for his work on Obama’s Intelligence Advisory Board as well as the policy board of the current Defense Secretary Leon Panetta.

But the former lawmaker faces an upscale battle in the coming confirmation hearings in Congress; critics on both sides of the aisle have taken aim at his record toward Israel and what some have called a lack of experience necessary to lead the sprawling Pentagon bureaucracy or its operations.

Progressives have also expressed concern about comments he made in 1998, questioning whether an “openly, aggressively gay” James Hormel could be nominated to an ambassador position by then-President Clinton. Hagel apologized for the comments last month, adding that he also supported gays in the military – a position he once opposed.

Who Is Chuck Hagel? Meet Obama’s Top Pentagon Pick

The friction with his former colleagues has left a degree of uncertainty in the air going into the hearings. Today on ABC’s “This Week,” Senate Republican Leader Mitch McConnell demurred when asked whether he would support the man who, in 2008, he had championed for his candidness and stature in foreign policy.

“I’m going to wait and see how the hearings go and see whether Chuck’s views square with the job he would be nominated to do,” he told George Stephanopoulos.

Senator Lindsey Graham was more blunt in his opposition to Hagel on CNN. The Georgia Republican called Hagel an “in your face nomination,” and said he “would be the most antagonistic secretary of defense towards the state of Israel in our nation’s history.”

If confirmed, Hagel will join a crop of new cabinet members expected to join the president in his second term, including Sen. John Kerry, D-Mass., who was nominated in December to replace Hillary Clinton as Secretary of State.

ABC’s Elizabeth Hartfield and Devin Dwyer contributed reporting.

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Football: Graham denies Arsenal FA Cup victory

LONDON: Danny Graham poached an 87th-minute equaliser to earn Swansea City a 2-2 draw with Arsenal in an FA Cup third-round tie that finished with a rapid exchange of goals at the Liberty Stadium on Sunday.

Arsenal had fought back from behind to lead through a quick-fire pair of goals from Lukas Podolski and Kieran Gibbs in the last 10 minutes, only for Graham to pounce at the death to take a gripping tie to a replay.

Swansea had led through a 58th-minute effort by Michu, scorer of both goals in a 2-0 win at the Emirates Stadium in December, but Swansea appeared to be heading out until Graham found the roof of the net with three minutes to play.

"We should have won this game," said Arsenal manager Arsene Wenger.

"It's frustrating to concede a goal just like that on a corner, where we couldn't clear the ball before the corner. Even on the corner, we were first to the ball and didn't win the ball.

"We have shown quality and heart and it's quite good if we can repeat that."

Michu began on the bench for Swansea, perhaps with an eye on Wednesday's League Cup semi-final first leg against Chelsea, while Arsenal made three changes and deployed Olivier Giroud as a lone striker.

Arsenal threatened through Aaron Ramsey and Santi Cazorla, but it was Swansea who created the clearest openings in the first half.

Graham extended Arsenal goalkeeper Wojciech Szczesny with a crisp strike in the 13th minute, while former Arsenal trainee Kyle Bartley rattled the crossbar with a header nine minutes before half-time.

Giroud tested Swansea goalkeeper Michel Vorm twice early in the second period, before Michu rose from the dug-out to tip the tie in the hosts' favour.

The Spaniard had only been on the pitch for a minute and 13 seconds when he collected Nathan Dyer's knock-down, lobbed the ball over Per Mertesacker, and then beat Szczesny to claim his 15th goal of the campaign.

Podolski swivelled on a loose ball to level in the 81st minute and Gibbs then slammed in a sumptuous volley from Giroud's chipped pass to put Arsenal ahead two minutes later, but Graham had the final say.

The winners of the replay will face a trip to second-tier Brighton and Hove Albion, who eliminated Newcastle United for the second season in succession on Saturday.

Holders Chelsea will face lower-league opposition in the form of either Southend United or Brentford, while either Fulham or Blackpool will await the victors of the replay between Manchester United and West Ham United.

One of the most evocative ties of the third round takes place later on Sunday, when Liverpool bid to avoid an upset at fifth-tier Mansfield Town.

- AFP/jc

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Venezuela lawmakers elect Chavez ally as Assembly chief

CARACAS (Reuters) - Venezuelan lawmakers re-elected a staunch ally of Hugo Chavez to head the National Assembly on Saturday, putting him in line to be caretaker president if the socialist leader does not recover from cancer surgery.

By choosing the incumbent, Diosdado Cabello, the "Chavista"-dominated legislature cemented the combative ex-soldier's position as the third most powerful figure in the government, after Chavez and Vice President Nicolas Maduro.

"As a patriot ... I swear to be supremely loyal in everything I do, to defend the fatherland, its institutions, and this beautiful revolution led by our Comandante Hugo Chavez," Cabello said as he took the oath, his hand on the constitution.

He had earlier warned opposition politicians against attempting to use the National Assembly to "conspire" against the people, saying they would be "destroyed" if they tried.

Thousands of the president's red-clad supporters gathered outside parliament hours before the vote, many chanting: "We are all Chavez! Our comandante will be well! He will return!"

If Chavez had to step down, or died, Cabello would take over the running of the country as Assembly president and a new election would be organized within 30 days. Chavez's heir apparent, Maduro, would be the ruling Socialist Party candidate.

Chavez, who was diagnosed with an undisclosed form of cancer in his pelvic area in mid-2011, has not been seen in public nor heard from in more than three weeks.

Officials say the 58-year-old is in delicate condition and has suffered multiple complications since the December 11 surgery, including unexpected bleeding and severe respiratory problems.

Late on Friday, Maduro gave the clearest indication yet that the government was preparing to delay Chavez's inauguration for a new six-year term, which is scheduled for Thursday.

'CHAVEZ IS PRESIDENT'

Maduro said the ceremony was a "formality" and that Chavez could be sworn in by the Supreme Court at a later date.

The opposition says Chavez's absence would be just the latest sign that he is no longer fit to govern, and that new elections should be held in the South American OPEC nation.

Brandishing a copy of the constitution after his win in the Assembly, Cabello slammed opposition leaders for writing a letter to foreign embassies in which they accused the government of employing a "twisted reading" of the charter.

"Get this into your heads: Hugo Chavez was elected president and he will continue to be president beyond January 10. No one should have any doubt ... this is the constitutional route," he said as fellow Socialist Party lawmakers cheered.

The opposition sat stony-faced. One of their legislators had earlier told the session that it was not just the head of state who was ill, "the republic is sick."

Last year, Chavez staged what appeared to be a remarkable comeback from the disease to win re-election in October, despite being weakened by radiation therapy. He returned to Cuba for more treatment within weeks of his victory.

Should the president have to step down after 14 years in office, a new vote would probably pit Maduro, a 50-year-old former bus driver and union leader, against opposition leader Henrique Capriles, the 40-year-old governor of Miranda state.

Capriles lost to Chavez in October's presidential election.

"I don't think Maduro would last many rounds in a presidential race. He's not fit for the responsibility they have given him," Capriles said after the vice president's appearance on state television.

Chavez's condition is being watched closely by leftist allies around Latin American who have benefited from his oil-funded generosity, as well as investors attracted by Venezuela's lucrative and widely traded debt.

The country boasts the world's biggest crude reserves. Despite the huge political upheaval Chavez's exit would cause, the oil industry is not likely to be affected much in the short term, with an extension of "Chavismo" keeping projects on track, while a change in parties could usher in more foreign capital.

(Additional reporting by Deisy Buitrago; Editing by Vicki Allen)

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M Karunanidhi suggests solitary confinement for rapists

CHENNAI: Tamil Nadu chief minister J Jayalalithaa and DMK leader M Karunanidhi are at loggerheads on various issues, including, it seems, on punishment to rapists.

While Jayalalithaa was the first among chief ministers to demand stringent punishment for rapists, including death penalty and chemical castration, the DMK chief, whose stand against capital punishment is well known, has suggested solitary confinement till death for rape convicts.

The DMK chief's reaction came a day after the Tamil Nadu government reiterated its demand for death penalty for sexual offenders during a conference of DGPs and chief secretaries in New Delhi on Friday. On January 1, Jayalalithaa announced a 13-point action plan, strongly advocating death penalty and chemical castration for sexual offenders.

On Saturday, Karunanidhi strongly advocated solitary confinement and recalled a similar request he made in the condolence message for the Delhi rape victim, who died in a Singapore hospital. "Like social thinkers and legal experts, I have never endorsed death penalty. It is only apt to put the offenders in solitary confinement. While the state government did not take my viewpoint, I hope the Centre will take necessary action," he said in a press release.

Jayalalithaa's action plan envisaged efforts to bring cases of sexual harassment under the purview of the Goondas Act and suitable amendments to the law. But the DMK chief said the Goondas Act would be misused. "If the offenders are booked under Goondas Act, they will come out within a year of detention. There is no guarantee that they would not indulge in such heinous acts again," Karunanidhi said.

DMK ally and VCK leader D Ravikumar said, "Solitary confinement shall be awarded in the rarest of rare cases, especially when the victim is a child. Life imprisonment will act as a deterrent." He also opposed death penalty and chemical castration for rapists. In a petition to the Verma commission on Saturday, the party demanded a review of the guidelines issued to censor boards on portrayal of women.

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FDA: New rules will make food safer

WASHINGTON (AP) — The Food and Drug Administration says its new guidelines would make the food Americans eat safer and help prevent the kinds of foodborne disease outbreaks that sicken or kill thousands of consumers each year.

The rules, the most sweeping food safety guidelines in decades, would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.

The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. The new guidelines were announced Friday.

Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.

Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.

In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.

Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.

"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.

The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.

The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.

The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.

Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.

In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."

The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.

FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.

The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.

Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.

"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.

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City Answers Gang-Rape Cover-Up Allegations

As Steubenville, Ohio, prepares for the high-profile rape trial of two high school football players, officials, battling allegations of a cover-up, announced the creation of a new website today to debunk rumors and create what they said would be a transparent resource for the community.

"This site is not designed to be a forum for how the Juvenile Court ought to rule in this matter," the website, called Steubenville Facts, said.

A timeline of the case, beginning with the alleged gang rape of a 16-year-old girl at a party on Aug. 11-12, 2012, is posted on the site. Summaries of Ohio law relating to the case and facts about the local police force including statistics on how many graduated from Steubenville schools, is included.

The case gained national attention last week when hacking collective Anonymous leaked a video of Steubenville high school athletes mocking the 16-year-old female victim and making crude references to the alleged rape.

Steubenville Herald-Star, Michael D. McElwain/AP Photo

"It's disgusting, and I've had people calling, numerous people call here, upset, they have seen it, one woman, two women were crying, because of what they witnessed," Jefferson County Sheriff Fred Abdalla said. "It really is disgusting to watch that video."

Anonymous has called for more arrests, however Steubenville Police have said their hands are tied.

"Steubenville Police investigators are caring humans who recoil and are repulsed by many of the things they observe during an investigation," the website said, addressing the video. "Like detectives in every part of America and the world, they are often frustrated when they emotionally want to hold people accountable for certain detestable behavior but realize that there is no statute that allows a criminal charge to be made."

Occupy Steubenville, a grassroots group, estimated 1,300 people attended a rally today outside the Jefferson County Courthouse, where rape victims and their loved ones gathered to share their stories.

The father of a teenage rape victim was met with applause when he shared his outrage.

"I've tried to show my girl that not all men are like this, but only a despicable few," he said. "And their mothers that ignore the truth that they gave birth to a monster."

Authorities investigated the case and charged two Steubenville high school athletes on Aug. 22, 2012.

The teenagers face trial on Feb. 13, 2013 in juvenile court before a visiting judge.

Attorneys for the boys have denied charges in court.

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Tennis: China's Li beats Zakopalova in Shenzhen final

BEIJING: Chinese star Li Na captured her seventh career title and second on home soil when she beat Klara Zakopalova of the Czech Republic 6-3, 1-6, 7-5 on Saturday in the Shenzhen Open final.

The world number seven and the competition's top seed had lost two of the pair's three previous meetings and suffered some final set jitters at the $500,000 tournament when she allowed the fifth-seeded Czech to come back from 2-5 down to 5-5.

But Li closed out victory with two quick games.

Li's previous victory in China came at Guangzhou in 2004 that made her the first Chinese player ever to win a tour trophy.

Her other five WTA titles came at Gold Coast in 2008, Birmingham in 2010, Sydney and the French Open in 2011 and Cincinnati in 2012.

"Klara played well and I managed my mood swings well, and I'm glad I made it," Li said as she continued her build-up to the opening Grand Slam event of the year, the Australian Open which starts in Melbourne on January 14.

"Winning the title certainly helps boost my confidence for the coming weeks, but it also depends on how I'm playing on the courts. Confidence itself won't guarantee a win.

"But I'm very happy to win and the Shenzhen Open was a great tournament - I believe it will get even better in future years."

Zakopalova is now 2-10 in WTA finals, but she has the consolation of knowing that she is projected to rise from her current world ranking of 28 past her career-high of 26, which she set back in 2006.

"It was about a few points today but she really proved she's a top player - she played her best from 5-all," Zakopalova said.

"She's playing unbelievably fast and flat, and she's hitting her backhand down the line very well. To me she's one of the top three players right now and I hope she can make it there.

"There's no way to be sad about losing - I lost to a top player and I'm happy to reach the final."

- AFP/de

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Abbas sees Palestinian unity as Fatah rallies in Gaza

GAZA (Reuters) - President Mahmoud Abbas predicted the end of a five-year split between the two big Palestinian factions as his Fatah movement staged its first mass rally in Gaza with the blessing of Hamas Islamists who rule the enclave.

"Soon we will regain our unity," Abbas, whose authority has been limited to the Israeli-occupied West Bank since the 2007 civil war between the two factions, said in a televised address to hundreds of thousands of followers marching in Gaza on Friday, with yellow Fatah flags instead of the green of Hamas.

The hardline Hamas movement, which does not recognize Israel's right to exist, expelled secular Fatah from Gaza during the war. It gave permission for the rally after the deadlock in peace talks between Abbas's administration and Israel narrowed the two factions' ideological differences.

The Palestinian rivals have drawn closer since Israel's assault on Gaza assault in November, in which Hamas, though battered, claimed victory.

Egypt has long tried to broker Hamas-Fatah reconciliation, but past efforts have foundered over questions of power-sharing, control of weaponry, and to what extent Israel and other powers would accept a Palestinian administration including Hamas.

An Egyptian official told Reuters Cairo was preparing to invite the factions for new negotiations within two weeks.

Israel fears grassroots support for Hamas could eventually topple Abbas's Palestinian Authority (PA) in the West Bank.

"Hamas could seize control of the PA any day," Israeli Prime Minister Benjamin Netanyahu said on Thursday.

The demonstration marked 48 years since Fatah's founding as the spearhead of the Palestinians' fight against Israel. Its longtime leader Yasser Arafat signed an interim 1993 peace accord that won Palestinians a measure of self rule.

Hamas, which rejected the 1993 deal, fought and won a Palestinian parliamentary election in 2006. It formed an uneasy coalition with Fatah until their violent split a year later.

Though shunned by the West, Hamas feels bolstered by electoral gains for Islamist movements in neighboring Egypt and elsewhere in the region - a confidence reflected in the fact Friday's Fatah demonstration was allowed to take place.

"The success of the rally is a success for Fatah, and for Hamas too," said Hamas spokesman Sami Abu Zuhri. "The positive atmosphere is a step on the way to regain national unity."

Fatah, meanwhile, has been riven by dissent about the credibility of Abbas's statesmanship, especially given Israel's continued settlement-building on West Bank land. The Israelis quit Gaza unilaterally in 2005 after 38 years of occupation.

"The message today is that Fatah cannot be wiped out," said Amal Hamad, a member of the group's ruling body, referring to the demonstration attended by several Abbas advisers. "Fatah lives, no one can exclude it and it seeks to end the division."

In his speech, Abbas promised to return to Gaza soon and said Palestinian unification would be "a step on the way to ending the (Israeli) occupation".

(Editing by Dan Williams, Alistair Lyon and Jason Webb)

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SC endorses chorus for deterrent punishment for crime against women

NEW DELHI: The Supreme Court on Friday endorsed the clamour for deterrent punishment to offenders in cases of crime against women saying no leniency be shown while sentencing the guilty in such cases.

The strong pitch for tougher punishment for those guilty of crime against women came as part of a judgment, where a bench of Justices P Sathasivam and Ranjan Gogoi upheld life imprisonment for two sisters along with their mother, who were convicted of bride burning.

The verdict also dealt with the evidentiary value of multiple dying declarations in a case particularly if they diverge; an issue of crucial significance for the Nirbhaya case.

The Delhi Police had to record two statements of Nirbhaya following an allegation by a sub-divisional magistrate that senior police officers had tried to influence the recording of the first one. In what could help the prosecution in the horrific gang-rape case, Justices Sathasivam and Gogoi said, "When the court is satisfied that the dying declaration is voluntary, not tainted by tutoring or animosity, and is not a product of her imagination, there is no impediment in convicting the accused on the basis of such dying declaration". The judges added, "When there are multiple dying declarations, each dying declaration has to be separately assessed and evaluated and assess independently on its own merit as to its evidentiary value and one cannot be rejected because of certain variation in the other".

The bench stressed that the need of the hour was to overhaul the criminal justice system to inflict deterrent punishment on those found guilty in cases of crime against women.

Justices Sathasivam and Gogoi focused on the spiraling number of cases relating to bride burning, cruelty, sexual harassment, rape and suicide by women despite the presence of stringent laws to protect women.

The two judges said that while there was no lack of tough laws to deal with the challenge, the deterrent was weakened by the sentencing system as it exists. "A complete overhaul of the system is a must in the form of deterrent punishment for the offenders so that we can effectively deal with the problem," said Justice Sathasivam, who authored the judgment for the bench.

The case in hand related to the murder of Vandana on March 5, 2003, by her mother-in-law Kesharbai and two sisters-in-law Ashabai and Kavita. All three were ill-treating her, despite the husband's protests, for her alleged inability to conceive. On the day of incident, the mother-in-law poured kerosene on her and at the behest of the two sisters-in-law, lit match box and set Vandana on fire.

The victim gave four dying declarations, which were relied on by the Jalgaon trial court to convict the three accused and sentence them to life imprisonment. The Aurangabad bench of the Bombay High Court had dismissed their appeals. During the pendency of the appeal in SC, the mother-in-law had died.

The apex court dismissed the appeal of the two sisters as it found that there were no contradictions in the four dying declarations given by the deceased which clearly pointed out the specific roles played by the three accused.

While upholding the conviction of the two sisters in the murder of Vandana and life sentence awarded to them, the bench said, "In view of the clinching evidence led in by the prosecution, there cannot be any leniency in favour of the appellants, who are sisters-in-law of the deceased and at whose instance the deceased was burnt at the hands of her mother-in-law."

dhananjay.mahapatra@timesgroup.com

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