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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Agencies
March 25,2020

New Delhi, Mar 25: The Indian Rail Catering and Tourism Corporation (IRCTC) on Wednesday appealed to the people not to cancel their e-tickets on their own in case of trains being cancelled by the national transporter due to nation-wide lockdown to help curb the spread of novel coronavirus pandemic.

Clearing the doubts of the railway passengers, IRCTC spokesperson Siddharth Singh said, "Doubts have been raised regarding cancellation of e-tickets subsequent to the halting of railway passenger trains.

"It may be submitted that for trains cancelled by the railways in its complete run, refund on e-tickets is full and automatic. In this case, no cancellation exercise is required to be done on the part of the user," he said.

The IRCTC official said that if user cancels his e-ticket in situations of train cancellations, there are chances he may get "less refund". "Hence passengers are advised not to cancel e-tickets on their own for those trains which have been cancelled by the railways," he said.

He also said that the refund amount will be credited to the user account used for booking e-tickets automatically and no charges will be deducted by the railways in case of train cancellation.

His remarks came as the national transporter announced the suspension of the passenger, mail and express services from March 23 till March 31. However, the railways extended the suspension of services till April 14 in the wake of the three week lockdown announced by Prime Minister Narendra Modi from March 25 during his second special address to the nation on Tuesday night.

The railways has cancelled over 13,600 passengers trains across the country in a bid to combat the spread of novel coronavirus. Only freight trains are running to ensure the supply of essential services. About 9,000 freight trains are transporting essential items every day across the country.

On Wednesday, India recorded 562 cases of COVID-19 with 10 deaths.

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Agencies
June 18,2020

New Delhi, Jun 18: Major General-level talks between India and China, held to resolve the issues related to the violent face-off in Ladakh's Galwan area on June 15-16, lasted for more than six hours on Thursday, sources said.

The talks between the Major Generals of the two countries had remained inconclusive on Wednesday.

Sources also said that all Indian Army personnel who were involved in Galwan valley violent face-off on June 15-16 are accounted for and no soldier is missing in action.

At least 20 Indian Army personnel, including a Colonel rank officer, had lost their lives in the violent face-off which happened in the Galwan valley as a result of an attempt by the Chinese troops to unilaterally change the status quo during the de-escalation in eastern Ladakh.

Indian intercepts have revealed that the Chinese side suffered 43 casualties including dead and seriously injured in the violent clash. The commanding officer of the Chinese unit is among those killed, sources confirmed to media persons.

India wants restoration of old status quo along the Line of Actual Control (LAC) prevailing before May 2020 when the first reports of Chinese incursions started appearing.

External Affairs Minister S Jaishankar had on Wednesday conveyed a clear and tough message to his Chinese counterpart Foreign Minister Wang Yi that what happened in Galwan was a "pre-mediated and planned action that was directly responsible for the resulting violence and casualties."

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Agencies
May 30,2020

New Delhi, May 30: The Congress on Friday described the first year of the Modi government as a "year of disappointment, disastrous management and diabolical pain".

Congress leader K C Venugopal said the six years of the Modi dispensation have seen fraying of bonds of empathy, fraternity and brotherhood with increase in acts of communal and sectarian violence.

Congress chief spokesperson Randeep Surjewala said that at the end of six years, it appears the Modi government is at war with its people and is inflicting wounds on them, instead of healing them.

"It is inflicting wounds on Mother India," he said.

"This government is trying to fill coffers of the select rich and is inflicting pain on the poor," Surjewala said.

On the BJP's charge of the Congress playing politics over the COVID-19 crisis, Venugopal said the opposition party did not indulge in any politics and gave suggestions instead.

"Being a responsible opposition, it is our duty to raise the problems faced by the common people. As opposition, we highlighted the failures of the government," he said.

Venugopal said the government "is totally insensitive" to the plight of migrant labourers and farmers.

Surjewala also demanded that a virtual session of Parliament be convened immediately to discuss pressing issues and the due process be set in motion for holding of meetings of various parliamentary committees.

Modi and his cabinet had taken oath on this day last year for a second term in office.

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