Acid attacks: SC fiat to Centre, states on sale of acid

July 2, 2012

acid

New Delhi, July 2: The Supreme Court today asked the Centre to apprise it of their measures to regulate the sale of acid to prevent its misuse as a weapon, particularly against women by their jilted lovers.

The court sought a "comprehensive affidavit" from the Ministry of Home Affairs, which was asked to "consider proper action" for making appropriate provision for "regulation of sale of acids so that it is not easily or readily available to offenders."

A bench of justices R M Lodha and A R Dave also asked all the state governments and Union territories to file their replies to the notices issued to them on February 11, 2011 for restricting the sale of acid to prevent the growing incidents of attack on women with it.

The court on April 29 this year had asked the Union Home Ministry to coordinate with the various states and the Union territories for formulation of an appropriate scheme.

The apex court had also sought the responses of the Centre and the state governments on whether any suitable scheme can be prepared by them to provide adequate compensation to the victims for their treatment and rehabilitation.

The court's directions came during the hearing of a PIL, filed in 2006 by Laxmi, a minor girl whose arms, face and other body parts were disfigured in an acid attack.

Laxmi, through her counsel Aparna Bhat, had sought framing of a new law or amendment in the existing criminal laws like IPC, Indian Evidence Act and the CrPC for dealing with the offence and had also sought compensation.

Luxmi was subjected to acid attack by three youths near Tughlaq Road as she had refused to marry one of them. The trial is going on for the offence of attempt to murder and two of the accused are out on bail.

The Centre had earlier told the apex court that the report of the Law Commission on the issue was supplied to all concerned parties and the National Commission for Women has placed a draft legislation to make acid attack a serious offence.

The advocate had pleaded for a total ban of sale of acid as there were increasing number of incidents of such attacks on women in different states.

The counsel had submitted that even a small country like Bangladesh had banned the use of acid to prevent such attacks.

The apex court in its February 11, 2011 order had noted that during the pendency of this writ petition, the code of Criminal Procedure, 1973 has been amended and Section 357A has been inserted by Act 5 of 2009.

It also noted that the amendment requires every state government, in coordination with the Central government, to prepare a scheme for providing funds for the purpose of compensation to the victims or their dependants who have suffered loss or injury as a result of the crime and who require rehabilitation.

"Though the said section has come into effect on December 31, 2009 and more than a year has elapsed, we are informed that no schemes have been formulated by any of the state governments," the bench had noted in its order.

While issuing notices to the Centre and state governments in February 2011, the court had directed them to prepare schemes as provided in Section 357A for the purpose of providing compensation to victims of crimes, in particular, acid attack victims.


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News Network
June 17,2020

New Delhi, Jun 17: With an increase of 10,974 new cases and 2,003 deaths in the last 24 hours, India's COVID-19 count reached 3,54,065 on Wednesday while the toll due to the virus stands at 11,903.

This includes 1,55,227 active cases and 1,86,935 cured, discharged and migrated patients, according to the Union Health Ministry.

While the spike in the number of cases has stayed below the 11-thousand mark, the death toll has increased manifold today as compared to the 380 death reported on Tuesday.

Maharashtra with 1,13,445 cases continues to be the worst-affected state in the country with 50,057 active cases while 57,851 patients have been cured and discharged in the state so far. The toll due to COVID-19 has crossed the five thousand mark and reached 5,537 in the state.

It is followed by Tamil Nadu with 48,019 and the national capital with 44,688 confirmed cases.

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Agencies
July 20,2020

Mumbai, Jul 20: The Bombay High Court on Monday asked the NIA and the Maharashtra government to inform it about the health condition of poet Varavara Rao, an accused in the Elgar Parishad-Maoists links case, and if his family could be allowed to see him "from a reasonable distance".

The directions came after Rao's lawyer told the court that the activist was "almost on his deathbed".

Rao, 81, is currently admitted in the Nanavati Hospital here. He tested positive for coronavirus earlier this month and is also suffering from several other ailments.

A division bench of Justices S S Shinde and S P Tavade asked the National Investigation Agency (NIA) and the state to inform the court about Rao's health condition and clarify by July 22 whether his family members could be permitted to see him.

Rao's lawyer Sudeep Pasbola told the court that the activist was "almost on his deathbed" and that if he were to die, it should be in the presence of his family.

"His condition is very serious. He hit his head against the hospital bed while he was at the J J hospital and sustained severe injuries. Besides COVID-19, he suffers from several ailments, he is hallucinating and is delirious," Pasbola said.

"His days are numbered and if he is to die, at least let him die in the presence of his family members," the lawyer said while seeking that Rao be granted bail. Pasbola said Rao was in no condition to cause any prejudice to the probe in the case and even the NIA could not dispute this fact.

The bench, however, asked if Rao was in such a critical condition, wouldn't it be counterproductive to move him out of the hospital, and take him to any other place? "Also, if he has COVID-19, then how can he meet his family?" the court asked.

To this, Pasbola said if permitted, Rao's family could take precautions, and see him from a distance. The state's counsel, Deepak Thakare, told the high court that it could arrange for video-conferencing facilities for Rao's family.

Additional Solicitor General Anil Singh, who appeared for the NIA, said as far as he knew, "COVID-19 patients could not be permitted to meet anyone". He also said Rao had been admitted to "one of the best multi-speciality hospitals in the city," and that he was being taken care of in accordance with guidelines of the Indian Council of Medical Research (ICMR).

"We are providing the best treatment to him, all his medical needs are being attended to and we are following ICMR guidelines in treating him for COVID-19," Singh said. The court, while seeking details from the NIA and the state, said, "Can his family members see him from a reasonable distance in the hospital?"

Rao earlier filed two pleas in HC through his lawyer. One was to direct the state to produce all his medical reports from the state-run J J Hospital, where he was admitted in May but discharged hurriedly on June 2 and sent back to Taloja jail in neighbouring Navi Mumbai.

The other plea sought bail on health grounds.

The same bench also heard a petition filed by Rao's co-accused in the case, activists Vernon Gonsalves and Anand Teltumbde, seeking that they be tested for COVID-19 as they had been in close contact with Rao in the jail.

The court directed the prison authorities and the NIA to respond to the plea by July 23. "The prayer in the petition is limited. You (authorities) carry out the test for COVID-19 and see. If they are negative then good," the court said.

It noted that they (Gonsalves and Teltumbde) are lodged in the Taloja jail where there have been cases of inmates testing positive for coronavirus. Besides, the hearing on the plea of activist Sudha Bharadwaj, also an accused in the case, seeking bail on health grounds was adjourned after the court found the Byculla women prison superintendent's report on her health to be "illegible".

Her plea will also be heard on July 23.

Bharadwaj has been in jail since September 2018. She applied for bail on health grounds after an inmate at the Byculla prison tested positive for coronavirus last month.

Rao and nine other activists were arrested in the Elgar Parishad-Maoist links case, which was initially probed by the Pune Police and later transferred to the NIA.

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News Network
June 2,2020

New Delhi, Jun 2: Prime Minister Narendra Modi on Tuesday said India will definitely get its economic growth back as the government continues to pursue various reforms.

Speaking at industry association CII's annual session, he said the government has taken tough steps to fight the coronavirus pandemic and has also taken care of the economy.

"On the one hand we have to safe lives of our people and on the other hand we have to stabilise the economy and speed up the economy," he said.

He said he gets the confidence from farmers, small businesses and entrepreneurs for getting the economic growth back.

"Corona may have slowed our speed (of growth) but India has now moved ahead from lockdown with the phase one of unlock. Unlock Phase-1 has reopened a large part of the economy," he said.

He said intent, inclusion, investment, infrastructure and innovation are crucial for India to revert back to a high-growth trajectory.

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