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
January 12,2020

Kolkata, Jan 12: Strongly defending the new citizenship law, Prime Minister Narendra Modi said on Sunday the dispute that has arisen over it has made the world aware of persecution of religious minorities in Pakistan.

He, however, deplored that a section of the youth is being “misguided” over the Citizenship (Amendment) Act, which is aimed at giving and not taking away anybody's citizenship rights.

“CAA is not about taking away citizenship, it is about giving citizenship. Today, on National Youth Day, I would like to tell this to the youngsters of India, West Bengal, North East that this is not an overnight law for giving citizenship.

“We must all know that any person of any religion from any country of the world who believes in India and its Constitution can apply for Indian citizenship through due process. There's no problem in that,” he told a gathering at Belur Math, the headquarters of Ramkrishna Mission.

Modi said even Mahatma Gandhi had favoured Indian citizenship to those fleeing religious persecution and that his government has only delivered on the wishes of the freedom fighters.

Referring to anti-CAA protests in the North-East, Modi vowed to protect the distinct identity and culture of the people of the region, and asserted the new law will not hurt their interests.

“We've only done what Mahatma Gandhi had said decades ago. Should we send these refugees back to die? Are they our responsibility or not? Should we make them our citizens or not?” he said, evoking a thunderous applause by the gathering.

Modi said some people with political interests are deliberately spreading rumours about the new citizenship law, despite “complete clarity” over the CAA.

“Our initiative to amend the citizenship act has created a dispute. It is the result of our initiative that Pakistan will now have to answer why they have been persecuting minorities for the last 70 years. Human rights have been demolished in Pakistan,” he said.

Seeking to assuage the concerns of the people of the North-East, Modi called the region “our pride”. “Their culture, traditions and demography remains untouched by this amended law,” he said.

He said the citizenship law was only “changed a little” for those who were ill-treated in Pakisan after Partition.

“They were having a bitter time living there. Women were in danger of losing their pride,” he said.

“Young people have understood the whole thing but those who want to indulge in politics over it will not,” he said.

Modi said five years ago, there was disappointment among the youth of the country, but the situation has changed now.

“Not just India, the entire world has a lot of expectations from the youth of the country. The youth are not afraid of challenges....they challenge the challenges,” he said at the Belur Math, the abode of Swami Vivekananda for several years until his death in 1902, aged 39 years.

Modi, an ardent devotee of Vivekananda, spent the night at the Math.

He has a long association with the Ramkrishna Mission order founded by Vivekananda in 1897. Inspired by the teachings of Vivekananda, Modi had arrived at the Mission Ashram in Gujarat's Rajkot and expressed desire to join the order.

Swami Atmasthananda, who later went on to become the 15th president of the Ramakrishna Math and the Ramakrishna Mission, then headed the Rajkot branch and had advised him that sanyas was not for him and that he should work among people.

During those days, Modi used to regularly meet Atmasthananda and sought his spiritual guidance.

Although Modi went back after spending some time there his the relationship with Swami Atmasthananda and the Ramkrishna Mission continued.

Whenever Modi used to visit Kolkata, even during his days as Gujarat chief minister, he would travel to the Math.

In 2013, during his Kolkata visit, he had gone to Belur and sought the blessings from Atmasthananda.

He had in 2015 called on ailing Swami Atmasthananda at Ramakrishna Mission Seva Pratisthan, a hospital run by the Mission in south Kolkata and enquired about his health.

After Atmasthananda's death in 2017, Prime Minister Modi had termed it as a “personal loss”.

On Sunday, the prime minister paid tributes to Swami Vivekananda on his birth anniversary, which is celebrated as the National Youth Day, and spent some time in the spiritual leader's room in quietude.

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News Network
January 9,2020

Raipur, Jan 9: An outbreak of bird flu has been reported from a state-run poultry farm in Chhattisgarh's Korea district, prompting the authorities to cull over 15,000 birds and step up vigil on poultry birds within 10 km radius of the affected area, officials said on Thursday.

So far, 15,426 chickens and quails have been culled and 30,000 eggs destroyed after the highly contagious H5N1 virus was detected among birds at the poultry farm and hatchery in Baikunthpur town, located around 300 km from here, they said.

There has been no case of infection in humans so far due to the outbreak of avian influenza, they said.

"After some chickens and quails were found dead on December 7 last year in the farm, their samples were collected and sent to local laboratories for testing," Dr R S Baghel, deputy director, veterinary department, Korea, told news agency.

When the disease was not properly detected, samples were further sent to Jabalpur in Madhya Pradesh where veterinarians suggested symptoms of chronic respiratory disease, following which their line of treatment was followed.

"Despite the treatment, the abnormal deaths of birds continued," Baghel said.

Later, the samples were sent to Bhopal-based National Institute of High-Security Animal Diseases where tests were found positive for the H5N1 virus on December 23, he said.

"Immediately after getting reports of bird flu, we took permission from the Korea district administration, as per the standard procedure, and culled all 15,426 birds (chickens and quails) and destroyed 30,000 eggs in the farm and its adjoining areas," the official said.

Of the total culled birds, nearly 641 chickens were being reared by locals within one km radius of the farm. The locals were given compensation for the culling of their birds, he said.

"We have completed the culling process and sealed the farm. After sanitising the area in 10 km of its radius, we submitted a report to the state's directorate of veterinary services on Wednesday," Baghel said.

"No human has been affected due to the outbreak and the situation is under control. We are waiting for further directives from the higher authorities," he said.

The official said for the next three months, they will be conducting surveillance in 10 km radius of the affected area during which blood samples of birds will be regularly sent to Bhopal for testing.

"We will continue our observation for next three months," he added.

Meanwhile, state veterinary services director C R Prasanna said, "No human has so far been affected due to avian influenza and workers at the poultry farm at Baikunthpur have been given medicines as a precautionary measure."

Nearly 40 villages fall within the purview of 10 km radius of the affected area from where random sampling of poultry birds will be done for next three months to check whether they are infected with avian influenza, he said.

"Necessary steps are being taken to prevent bird flu from spreading to other areas," he added.

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Agencies
January 6,2020

Lucknow, Jan 6: Undeterred by the large scale protests that claimed as many as 20 lives in the state, Uttar Pradesh government has started the process of implementing the controversial Citizenship (Amendment) Act.

According to sources in the government, the district magistrates have been directed to identify the migrants from Pakistan, Bangladesh and Afghanistan, who have been living in their districts.

Sources said that the state home department has given oral instructions to the district magistrates. ''No written orders have been issued,'' said a senior official here preferring anonymity.

The official said that the district magistrates would be preparing a list containing names of those minorities, who had migrated from these countries following their persecution and had been living without obtaining the citizenship of India.

According to sources, the government expected that the migrants, who could be eligible for the Indian citizenship in accordance with the CAA, could be more in number in the districts, including Rampur, Ghaziabad, Shahjahanpur, Lucknow and some others.

''The list will be sent to the union home ministry,'' the official added.

Sources said that the state government will also inform the centre about the ''illegal Muslim migrants'' for their ultimate deportation to their countries of origin.

Different parts of UP had witnessed large scale violence last month during the protests against the CAA. At least 20 people, mostly youngsters, were killed allegedly in police firing and many others were injured. The state government had denied the charge. 

Alleged police excesses during and after the protests triggered a nationwide outrage with several rights organisations and activists slamming the BJP government and demanding a high-level probe into the allegations.

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