Child born out of rape has right over assaulter's property: HC

November 4, 2015

Lucknow, Nov 4: In a significant judgement, Allahabad High Court has ruled that a child born out of rape will have inheritance rights over the property of the assaulter, the "biological father".rape 40

A Division Bench of Justice Shabihul Hasnain and Justice D K Upadhayaya said the child will be treated as an illegitimate child of the rape accused and will have inheritance rights to his property.

The court, however, added that if the child is given away for adoption, then he/she will not have any rights on the property of the biological father.

"We may observe here that in the matter relating to inheritance, the manner of birth of a person is irrelevant; the rights of inheritance of a person are governed by the Personal Law to which the person is subject irrespective of the manner of birth of the person. It is irrelevant as to whether the newly-born child of a rape victim is born out of consexual sex or otherwise," the Lucknow bench of the High Court said yesterday.

"It is thus noted that the rights of inheritance of the newly-born child would be governed by her Personal Law and for that purpose she would be treated as an illegitimate child of her biological father.

The court, while giving ruling on a petition, said, "Notwithstanding the aforesaid observations, it is relevant to note that firstly this question does not really need a judicial pronouncement in the present case for the reason that if the newly born child is given in adoption, she will not have any rights of inheritance in the property of her biological father.

"Secondly, even if the child is not taken in adoption by any one, no directions of the Court would be required and she would inherit the property of her biological father by operation of the Personal Law by which she is governed.

"Thirdly, any direction to inherit property of her father would be fraught with grave consequences in the event the father starts claiming some special reproach privileges over the minor like rights of visitation or custody.

"In the present circumstances, we feel that this is not desirable," the bench said. In the context of the case before it, the court said, "Further, since the criminal trial is yet to commence against the alleged biological father, there is a possibility that a direction relating to inheritance in his property may be used by the accused in some form as his defence or even otherwise during his trial, it said.

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News Network
February 12,2020

Washington, Feb 12: US President Donald Trump said on Tuesday he would sign a trade deal with Prime Minister Narendra Modi if 'it was the right one'.

The two countries have been trying to reach a limited trade pact with lower tariffs, but talks have run into problems over issues with data privacy and e-commerce controls.

Trump further said that he is looking forward to his visit to India later this month where millions of people would welcome him. "He (Modi) is a great gentleman and I look forward to going to India. So, we'll be going at the end of the month," Trump told reporters in his Oval Office, a day after the White House announced dates of his anticipated India trip.

Responding to a question, the president indicated that he is willing to sign a trade deal with India if it is the right one. "They (Indians) want to do something and we'll see... if we can make the right deal, (we) will do it," said Trump, a fortnight ahead of his visit to the country as the 45th US president.

India's new Ambassador to the US, Taranjit Singh Sandhu told PTI that Trump's forthcoming visit is a "reflection of the strong personal rapport" between Trump and Modi. "It also demonstrates their strong desire to take the relationship to new heights," said Sandhu, who had presented his credentials to Trump in Oval Office last week.

Over the last three years, Trump and Modi have developed a personal friendship and in 2019, the duo met four times including their joint address before a strong 50,000 crowd of Indian Americans in Houston.

This year, they have spoken over the phone on two occasions, including the one over the weekend. "Just spoke with Prime Minister Modi," Trump told reporters on Tuesday in response to a question on his India visit.

Excited to travel to India later this month, said Trump referring to his conversation with Modi during which the prime minister apparently told him about the hundreds and thousands of Indians who would be there to welcome him in Ahmedabad.

Trump jokingly told reporters that now he will "not feel good" about the size of the crowd that he addresses in the US which is usually between 40,000 to 50,000. "He (Modi) said we will have millions and millions of people. My only problem is that last night we probably had 40 or 50,000 people... I'm not going to feel so good... There will be five to seven million people just from the airport to the new stadium (in Ahmedabad)," Trump said.

"And you know (it) is the largest stadium in the world. He's (Modi) building it now. It's almost complete and it's the largest in the world," Trump said. The two leaders are expected to joint address a massive public rally at the newly build Motera Stadium in Ahmedabad.

Being built at an estimated cost of USD 100 million, the Motera Stadium with a seating capacity of 100,000 spectators will be the world's largest cricket stadium overtaking the Melbourne Cricket Ground in Australia.

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Ahmed Ali
 - 
Wednesday, 12 Feb 2020

Waste of money and time.....!!!

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News Network
April 15,2020

New Delhi, Apr 15: Tablighi Jamaat leader Maulana Saad Kandhalvi has been booked for culpable homicide after some of the attendees of the religious congregation died due to coronavirus, police said on Wednesday.

Kandhalvi had organised the religious gathering at Nizamuddin Markaz last month against the social distancing protocol imposed by the Centre to curb the spread of the deadly disease.

An FIR was registered against the cleric on March 31 at Crime Branch police station on a complaint of the Station House Officer of Nizamuddin.

He was earlier booked for holding the event, police said.

“After several attendees of the Tablighi Jamaat event succumbed to coronavirus, we added IPC section 304 (culpable homicide not amounting to murder) in the FIR against the leader, a police official said.

Some foreigners who attended the event have also been booked for violation of visa norms.

In an audio message, Kandhalvi had said that he was exercising self-quarantine after several hundreds who visited the Tablighi Jamaat congregation at Nizamudddin Markaz tested positive for coronavirus.

The FIR registered against the Tablighi Jamaat event says that the Delhi Police contacted the authorities of Nizamuddin Markaz on March 21 and reminded them of the government order which prohibited any political or religious gathering of more than 50 people.

It says that despite repeated efforts, the event organisers failed to inform the health department or any other government agency about the huge gathering inside the Markaz and deliberately disobeyed government orders.

“The sub district magistrate of Defence Colony inspected the premises several times and found that around 1,300 people, including foreign nationals, were residing there without maintaining social distance. It was also found that there were no arrangements of hand sanitizers and face masks,” the FIR adds.

The Nizamudddin centre, attended by thousands, turned out to be a hotspot for spread of coronavirus not only in the national capital, but the entire country.

More than 25,500 Tablighi members and their contacts have been quarantined in the country after the Centre and the state governments conducted a "mega operation" to identify them.

At least 9,000 people participated in the religious congregation in Nizamuddin. Later, many of the attendees travelled to various parts of the country.

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News Network
April 20,2020

Mumbai, Apr 20: At least 53 media persons from Mumbai have tested positive for coronavirus, a city civic official said on Monday.

During a special camp organised at the Azad Maidan here on April 16 and 17 for COVID-19 testing of scribes, the Brihanmumbai Municipal Corporation (BMC) collected swab samples of 171 mediapersons, including electronic and print media journalists, photographers and cameramen.

“Out of the 171 mediapersons, 53 tested positive for coronavirus,” BMC spokesperson Vijay Khabale said, adding that most of those who tested positive are asymptomatic at present.

All the mediapersons found infected with coronavirus will be kept in isolation and a process was underway to find out suitable places to the purpose, he said.

Efforts were also on to trace their high and low risk contacts.

Till Sunday, Mumbai recorded 2,724 coronavirus cases and 132 deaths due to the disease.

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