House panel backs move not to treat marital rape as sexual offence

March 2, 2013

sexual_offence

New Delhi, Mar 2: A parliamentary committee has endorsed the government's decision not to treat "marital rape" as a sexual offence in the recently-promulgated anti-rape ordinance, agreeing that it could destroy the institution of marriage. However, the panel was silent on rape in live-in relationships, with many members of the view that treating it differently from other sexual offences was not possible in the absence of a law recognizing live-in arrangements.

Justifying the panel's recommendation to keep "marital rape" out of the purview of anti-rape laws, chairman of the standing committee on home affairs M Venkaiah Naidu said that leaving scope for the wife to accuse her husband of rape "has the potential of destroying the institution of marriage".

"In India, for ages, the family system has evolved ... Family is able to resolve the (marital) problems and there is also a provision under the law for cruelty against women, It was, therefore, felt that if marital rape is brought under the law, the entire family system will be under great stress and the committee may perhaps be doing more injustice," the parliamentary panel examining the Criminal Law (Amendment) Bill, 2012, said in its report tabled on Friday.

Though some members of the panel like Raja (CPI) and Prasanta Chatterjee (CPI(M)), both of whom put in a dissent note, besides Kanimozhi (DMK) had insisted on some room for the wife to take up the issue of marital rape, arguing that consent in marriage was not "forever", the majority view was that if a wife was aggrieved, there were other means for her to move court. The reference was apparently to laws against cruelty to women. There were some suggestions that the wife's age mentioned in Section 375 be raised from 16 to 18 years, but Union home secretary RK Singh, while appearing before the panel, warned that this would outlaw marriages in many states in one stroke.

Even though the Supreme Court has, in several judgments since 2010, ruled long-term live-in relationships as legal and on par with marriage, the government is yet to enact a law recognizing live-ins and outlining the rights of live-in partners. The home secretary had conceded before the panel that dealing with rape charges brought against a man by his live-in partner, especially where the relationship failed to culminate into marriage, was a tricky issue as sexual consent was presumably based on the promise of marriage. The standing panel steered clear of taking a stand on the suggestion it had received against considering live-in relations as rape.

The panel received as many as 90 suggestions from individuals, women's bodies and states/UTs. Incidentally, only five states and UTs — Gujarat, Mizoram, Lakshadweep, Puducherry and Dadra & Nagar Haveli — gave in their views.

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News Network
February 14,2020

New Delhi, Feb 14: AAP convenor Arvind Kejriwal has invited Prime Minister Narendra Modi to his swearing-in ceremony scheduled to take place at the Ramlila Maidan on February 16, senior party leader Gopal Rai said on Friday.

Rai, the convenor of the Aam Aadmi Party's Delhi unit, said a letter was sent to the prime minister on Friday morning.

All seven Delhi MPs and eight newly-elected BJP MLAs have also been invited for the oath-taking ceremony, Rai told news agency.

No chief minister or political leaders from other states will be part of the event as it will be a "Delhi-specific" ceremony, Rai had said on Thursday.

Kejriwal, through front-page advertisements in newspapers, has urged Delhiites to attend his oath-taking ceremony as he is set to become the chief minister of Delhi for the third consecutive term.

Kejriwal will take oath as Delhi Chief minister along with his cabinet at Ramlila Maidan at 10 am on Sunday.

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coastaldigest.com news network
July 27,2020

Ayodhya, Jul 27: With days to go for the August 5 "bhoomi pujan" ceremony of the Ram temple in Ayodhya, the mosques adjacent to the demolished Babri Masjid premises are spreading the message of a peaceful coexistence of Hindus and Muslims.

There are eight mosques and two mausoleums located close to the 70-acre Babri Masjid premises mandated by the Supreme Court for a temple of Sri Ram.

Azaan and namaaz are offered in the mosques and the annual "Urs" is held at the mausoleums without any objection from the local Hindus.

The eight mosques located near the upcoming Ram temple premises are Masjid Dorahikuan, Masjid Mali Mandir ke Bagal, Masjid Kaziyana Achchan ke Bagal, Masjid Imambara, Masjid Riyaz ke Bagal, Masjid Badar Paanjitola, Masjid Madaar Shah and Masjid Tehribazar Jogiyon ki.

The two mausoleums are Khanqaahe Muzaffariya and Imambara.

"It is the greatness of Ayodhya that the mosques surrounding the Ram temple are giving a strong message of communal harmony to the rest of the world," Haji Asad Ahmad, the corporator of the Ram Kot ward, said. The Ram temple area is situated in Ahmad's ward.

"Muslims take out the 'juloos' of Barawafaat that goes through the periphery of Ram Janmabhoomi. All religious functions and rituals of Muslims are respected by their fellow citizens," the corporator said.

Asked for a comment on the presence of mosques near the upcoming Ram temple premises, the chief priest of the temple, Acharya Satyendra Das, said, "We had a dispute only with the structure that was connected to the name of (Mughal emperor) Babur. We have never had any issue with the other mosques and mausoleums in Ayodhya. This is a town where Hindus and Muslims live in peace."

"Muslims offer namaaz, we perform our puja. The mosques around us will strengthen Ayodhya's communal harmony and peace will prevail," he added.

Both Hindus and Muslims have accepted the Supreme Court verdict over Ram Janmabhoomi, Das said, adding, "We have no dispute with each other."

Sayyad Akhlaq Ahmad Latifi, the "sajjada nasheen" and "pir" of the 500-year-old Khanqaahe Muzaffariya mausoleum, said Muslims in Ayodhya are performing all religious practices freely.

"We offer prayers five times a day in the mosque at Khanqaah and hold the yearly 'Urs'," he added.

"What a scene would it be -- a grand Ram temple surrounded by small mosques and mausoleums and everyone offering prayers according to their beliefs. That will be representative of the true culture of India," Mahant Yugal Kishore Sharan Shastri, the chief priest of the Sarayu Kunj temple adjacent to the Ram Janmabhoomi premises, said.

Reacting to the presence of mosques and mausoleums near the Ram Janmabhoomi premises, Triloki Nath Pandey, the decree holder of the land as the "first friend of Ram Lalla" as mandated by the Supreme Court, said, "We do not have any objection to either those mosques or any other mosques. We will not trigger a dispute regarding any structure, Ayodhya must live in peace and communal harmony."

Mahant Raju Das, the priest of the Hanumangarhi temple, said, "The presence of the mosques tells the story of Ayodhya's communal harmony. A Ram mandir will be built and there will be no objection to the mosques or religious practices of Muslims."

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News Network
March 13,2020

New Delhi, Mar 13: Delhi's Tis Hazari Court on Friday sentenced expelled Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar and six others to 10 years imprisonment for the death of Unnao rape survivor's father. Sengar is already serving life imprisonment for raping the minor.

While sentencing them, District Judge Dharmesh Sharma said, "There can be no denying that rule of law was broken. Sengar was a public functionary and had to maintain the rule of law. The way the crime has been committed, it does not call for leniency."

Sengar and his brother Atul has been directed to give 10 lakh compensation to family of the victim for loss of their father. "There are four minor children involved, three girls and one boy. They have also been uprooted from native place," the judge said.

Seven people, including Sengar, his brother and two police personnel, were held guilty for culpable homicide and criminal conspiracy, earlier this month.

The case pertains to the death of rape survivor's father in custody on April 9, 2018. It was alleged that he was assaulted following a quarrel with some of the accused in the case.

He was taken to the police station and then framed for allegedly possessing an illegal firearm. Pursuant to this, he was sent to custodial remand, during which he died.

The case was transferred to Delhi from a trial court in Uttar Pradesh on the Supreme Court's directions in August last year. Both the death and illegal firearm case was later clubbed by the court.

During the arguments on sentencing on March 12, Sengar had told the court that he should be "hanged and acid poured into his eyes if he has done anything wrong".

The former MLA had also raped the daughter of the deceased in 2017 in Uttar Pradesh's Unnao district and was sent to jail for "remainder of his natural biological life", last year.

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