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
May 31,2020

New Delhi, May 31: The fourth phase of the coronavirus-triggered lockdown, which began on May 18, saw 85,974 COVID-19 cases till 8 am on Sunday, which is nearly half of the total cases reported in the country so far.

Lockdown 4.0, which will end on May 31 midnight, has accounted for 47.20 per cent of the total coronavirus infection cases, number crunching from the Union Health Ministry data reveals.

The lockdown, which was first clamped on March 25 and spanned for 21 days, had registered 10,877 cases, while the second phase of the curbs that began on April 15 and stretched for 19 days till May 3, saw 31,094 cases.

The third phase of the lockdown that was in effect for 14 days ending on May 17, recorded 53,636 cases till 8 am of May 18.

The country had registered 512 coronavirus infection cases till March 24.

India is the ninth worst-hit nation by the COVID-19 pandemic as of now.        

The first case of COVID-19 in India was reported on January 30 from Kerala after a medical student of Wuhan university, who had returned to India, tested  positive for the virus.

India registered its highest single-day spike of COVID-19 cases on Sunday, with 8,380 new infections reported in the last 24 hours, taking the country's tally to 1,82,143, while the death toll rose to 5,164, according to the Union Health Ministry.

The number of active COVID-19 cases stood to 89,995, while 86,983 people have recovered and one patient has migrated, it said.

"Thus, around 47.75 per cent patients have recovered so far," a senior Health Ministry official said.

With the fourth phase of lockdown ending on Sunday, the Home Ministry on Saturday said 'Unlock-1' will be initiated in the country from June 8 under which the nationwide lockdown will be relaxed to a great extent, including opening of shopping malls, restaurants and religious places, even as strict restrictions will remain in place till June 30 in the country's worst-hit areas.

While announcing the extension of the lockdown in containment zones across the country, the Home Ministry said temples, mosques, churches and other religious places and shopping malls will be allowed to open in a phased manner from June 8, while a decision on opening of schools and colleges will be taken in July in consultation with states.

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News Network
May 27,2020

Muzaffarpur, May 27: A toddler's vain attempt to wake up his dead mother from eternal sleep on a railway platform in Bihar's Muzaffarpur on Wednesday presented the most poignant picture of the massive migrant tragedy unfolding across several states.

A video tweeted by Sanjay Yadav, an aide to RJD leader Tejashwi Yadav, shows the child walking unsteadily up to his mother's body, tugging at the blanket placed over her, and when failing to wake her up, covering his own head with it.

As the mother still lay still, he wobbles away from her, announcements continuing in the background about the arrival and departure of trains that would bring in tens of thousands of people in a rush to get away from hunger and hardship they face in large cities that could sustain them no more.

"This small child doesn't know that the bedsheet with which he is playing is the shroud of his mother who has gone into eternal sleep. This mother died of hunger and thirst after being on a train for four days. Who is responsible for these deaths on trains? Shouldn't the opposition ask uncomfortable questions?" tweeted Yadav.

However, police had a different story to tell.

Ramakant Upadhyay, the Dy SP of the Government Railway Police in Muzaffarpur, said the incident occurred on May 25 when the migrant woman was on way to Muzaffarpur from Ahmedabad by a Shramik Special train.

He told reporters the woman, who was accompanied by her sister and brother-in-law, had died on the Madhubani bound train.

"My sister-in-law died suddenly on the train. We did not face any problem getting food or water," the officer said, quoting the deceased's brother-in-law who he did not name.

He said on getting information, poice brought down the body and sent it for postmortem.

Citing the brother-in-law of the deceased, Upadhyay said she was aged 35 years and was undergoing treatment for "some disease" for the last one year in Ahmedabad. "She was also mentally unstable," he said.

When persistently queried about the cause of death, he said,"Only doctors can tell".

A massive exodus of migrant workers is on in several parts of the country, unprecedented in magnitude since Partition.

The humanitarian crisis still unfolding on highways and railway platforms has shone light on disturbing tales of entire families walking hundreds of kilometres with little children on foot in a seemingly endless march to escape hunger.

People have been found travelling on trucks and in the hollow of concrete mixing plants, and in many cases, dying from hunger and exhaustion before reaching their destinations.

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News Network
March 27,2020

Srinagar, Mar 27: Over 180 people with undeclared recent travel histories have been traced and shifted into quarantine in Srinagar, officials said.
"COVID-19: Over 180 persons with undeclared recent travel histories have been traced and shifted into quarantine this past week in Srinagar. Some 200 more complaints are being verified. Just hoping no one is infected as it's just too hard to even imagine the possible consequences." Srinagar district administration tweeted.
The Ministry of Health and Family Welfare had earlier on Thursday reported 88 new COVID-19 cases, which is the highest in a single day, taking the total countrywide tally to 694.

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