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 9,2020

Srinagar, Feb 9: Authorities on Sunday snapped mobile internet services in Kashmir as a precautionary measure to prevent any law and order disturbance on the seventh death anniversary of Parliament attack convict Mohammad Afzal Guru, officials said.

The mobile internet services were suspended early in the morning as the authorities apprehended violence in the valley in view of the bandh call given by separatist outfits, the officials said.

The authorities had restored 2G internet services in Kashmir on January 25, more than five months after snapping all communication facilities in the valley following abrogation of Article 370 on August 5 last year.

Police on Saturday lodged an FIR against the banned Jammu Kashmir Liberation Front (JKLF) for calling a strike on Afzal Guru's death anniversary.

Guru was hanged in 2013 inside Tihar jail for his role in the Parliament attack in December 2001.

Two journalists were summoned by police for reporting the JKLF press release, which had called for strike on Sunday and Tuesday -- the death anniversary of the outfit founder Mohammad Maqbool Bhat.

They were let off after five hours of questioning. Bhat was hanged in 1984 and is buried inside Tihar jail.

Meanwhile, normal life in Kashmir was affected due to the strike, the officials said.

Markets and business establishments remained closed, while public transport was largely off the roads, they said.

There have been no reports of any untoward incident from anywhere in the valley so far, the officials added.

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News Network
March 23,2020

New Delhi, Mar 23: The central government has asked state governments to take strict action against violators of the coronavirus lockdown being enforced in 80 districts across the country.

An official statement released on Monday said there will be a total lockdown in 80 districts where coronavirus cases have been reported. The shutdown will end on March 31.

Delhi's borders will remain sealed during the lockdown, but essential services related to health, food, water and power supply will continue, and 25 per cent of the DTC buses will run to transport people associated with essential services.

Prime Minister Narendra Modi earlier on Monday appealed to state governments to ensure that rules and regulations of the coronavirus lockdown are enforced as he noted that many people were not taking the measure seriously.

"Many people are still not taking the lockdown seriously. Please save yourself, save your family, follow the instructions seriously. I request state governments to ensure rules and laws are followed," he said in a tweet in Hindi.

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Agencies
March 14,2020

New Delhi, Mar 14: A Delhi court on Friday granted bail to three alleged members of the Popular Front of India (PFI) -- Parvez (Delhi President), Iliyas (Delhi Secretary) and Danish -- in connection with the organization's role in the northeast Delhi violence last month.

Metropolitan Magistrate Prabhdeep Kaur granted bail to all three accused on furnishing personal bail bonds of Rs 30,000 each.

The court said that "Investigating Officer (IO) has nowhere mentioned that any of the non-bailable offences has been disclosed or has come out during investigation till now, therefore, accused be enlarged on bail."

According to police, the three men were arrested for allegedly spreading fake propaganda during the anti-CAA protests.

Delhi police, while opposing bail and seeking remand, stated that police custody is required because accused were involved in a conspiracy of communal riots which resulted in the death of 50 innocent people and injuries to approximately 300 persons and huge loss of government and public properties.

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