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 15,2020

Jan 15: Amazon.com Inc Chief Executive Officer Jeff Bezos is facing a bitter welcome during his India visit this week as the country’s antitrust regulator initiated a formal investigation just hours before his arrival and trader bodies comprising millions of infuriated small store owners announced demonstrations.

Bezos is in New Delhi for the Smbhav summit, an Amazon India event for small and medium businesses. The billionaire is scheduled to conduct a fireside chat with Amazon India chief Amit Agarwal, anchoring an event that also features Infosys Ltd. co-founder Narayana Murthy and retail billionaire Kishore Biyani, who recently sold a stake in his retail group to Amazon. Ahead of the event, Bezos paid his respects at Mahatma Gandhi’s memorial, wearing a white tunic and a rust-colored Indian vest.

The small businesses that Amazon’s CEO is hoping to endear himself to, however, are organizing in opposition. The Confederation of All India Traders announced that members of its affiliate bodies across the country would stage sit-ins and public rallies in 300 cities to raise a war cry against the world’s largest online retailer. In a letter to Prime Minister Narendra Modi last week, the confederation’s Secretary General Praveen Khandelwal alleged that Amazon, much like Walmart Inc.-owned Flipkart, was an “economic terrorist” who engaged in predatory pricing that deprived the government of tax revenue and “compelled the closure of thousands of small traders.”

India’s e-commerce market is projected to grow to $150 billion by 2022, according to a 2018 report by software industry group Nasscom and consulting firm PwC India. Competition for this rapidly expanding sector is intensifying as Asia’s richest man, Mukesh Ambani, prepares to go live with JioMart, an online shopping platform challenging Amazon and Walmart directly. The latter’s Flipkart Online Services Pvt is also delving deeper into the countryside in its pursuit for more customers. Amazon, for its part, opened a huge office complex in the southern city of Hyderabad in September, underscoring its commitment to the country.

The Competition Commission of India said it would probe the deep discounts, preferential listings and exclusionary tactics that Amazon and Flipkart are alleged to have used as anti-competitive levers. India’s trade bodies have long argued that both retail giants were flouting rules by promoting sales and discounts through their favoured sellers, many of whom they have preexisting commercial arrangements. The regulator has ordered for the investigation to be completed within two months.

Bezos last visited India in 2014 under starkly different circumstances. During that trip, the Amazon founder wore local festive garb, rode atop a festooned truck for a photo opp and presented Amazon’s Indian unit with a giant check for $2 billion. Since then, Amazon has pledged a further $3.5 billion to expand in the country.

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News Network
April 9,2020

Patna, Apr 9: In a horrifying incident, a migrant woman was sexually abused in a Gaya hospital where she was kept in an isolation ward. Three days later, she died due to excessive bleeding.

The matter came to light on Tuesday when her mother-in-law informed the authorities concerned about the shocking incident.

The 25-year-old victim had returned to Bihar’s Gaya district from Ludhiana (in Punjab) along with her husband on March 25. Before returning to her in-laws’ place, she had undergone abortion at Ludhiana just when she was two months pregnant.

On reaching Gaya, she complained of excessive bleeding. Her husband admitted her to Anugrah Narain Magadh Medical College and Hospital (ANMMCH) on March 27 where she was kept in the emergency ward.

Later, on April 1, on being suspected to be coronavirus patient, she was kept in an isolation ward. Her family members alleged that it was in this isolation ward where a doctor attending to her overnight outraged her modesty for two successive nights on April 2 and 3.

“The following day, she was discharged from the hospital after her coronavirus test report was found to be negative. However, after returning home, she remained aloof and struck by fear. On questioning, she revealed how a doctor had sexually abused her in the isolation ward. On April 6, she passed away due to excessive bleeding,” said her mother-in-law.

On receiving the information, the local police asked the mother-in-law to come to the hospital on Tuesday and identify the doctor (about whom the victim had given a description). However, the accused was not identified.

“Prima facie, the matter is serious. We are verifying the allegations. We will dig out the CCTV footage in the hospital and take strict action after identifying the culprit,” said Dr VK Prasad, the hospital superintendent.

Meanwhile, the Gaya police have arrested two people who posed as doctors and entered the isolation ward using doctors’ kits. One of the apprehended people works in a private.

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Agencies
June 19,2020

Srinagar, Jun 19: Suspended Jammu and Kashmir DSP Davinder Singh, arrested while ferrying two Hizb-ul-Mujahideen terrorists in a vehicle on the Srinagar-Jammu Highway earlier this year, was granted bail by a Delhi court on Friday, his lawyer said.

Singh and another accused in the case - Irfan Shafi Mir - were granted the relief by the court in a case filed by special cell of Delhi Police, noting that the probe agency failed to file charge sheet within 90 days from his arrest, as prescribed under law, their lawyer M S Khan said.

The bail was granted on a personal bond of Rs 1 lakh and two sureties of like amount.

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