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
May 26,2020

New Delhi, May 26: With India now in the bracket of top 10 nations worst hit by the novel coronavirus, experts have attributed the surge in cases to easing of travel restrictions and movement of migrants besides enhanced testing capacity.

According to AIIMS Director, Randeep Guleria, the present rise in cases has been reported predominantly from hotspot areas but there is a possibility of further rise in the number of COVID-19 cases in the coming few days due to increased travel.

"Those who are asymptomatic or are in presymptomatic stage will pass through screening mechanisms and may reach areas where there have been minimal or less cases," Guleria said.

He said there was a need for more intense surveillance and monitoring in areas where migrants have returned to contain the spread of the disease.

If proper social distancing and hand hygiene is not maintained at a time when people are out on roads, the coronavirus infection will transmit much faster, he said.

Guleria also noted that testing capacity has been significantly ramped up which is reflecting in the increasing number of cases being detected.

Commenting on the partial resumption of rail and road transport services and migrants returning to their native places, Dr Chandrakant S Pandav, former president of the Indian Public Health Association and Indian Association of Preventive and social medicine, said the floodgates have been opened.

"This is a classic case of creating an enabling environment for coronavirus to spread like wildfire. In the coming few days, the number will rise dramatically. While it is true that lockdown cannot go on forever, the opening up should have been in a measured, calibrated and informed manner," he said.

"Travelling leads to spread of the infection. Now, the government will have to ensure even stronger surveillance to curb the infection but if that will be done is something to be observed," he said.

The death toll due to COVID-19 rose to 4,167 and the number of cases climbed to 1, 45,380 in the country, registering an increase of 146 deaths and 6,535 cases since Monday 8 am, according to the Union Health Ministry.

Dr K K Aggarwal, President of the Confederation of Medical Association of Asia and Oceania (CMAAO), and former IMA President, said there will be a further surge in cases in the coming days if migration continues without any proper social distancing.

"Within the next ten days, the cases will cross two lakh. The very fact that number of cases was rising before the end of the third lockdown and continuing during the fourth lockdown means that people are not following physical distancing as required," he said.

"Even in the last week of May when the temperature is very high, the rising number of cases would mean that human-to-human transmission is more important than surface-to-human transmission. Normally in heat the surface-to-human transmission should have reduced the new cases by half which has not happened," Aggarwal said.

However, Professor K Srinath Reddy, president of the Public Health Foundation of India, said an increase in the number of cases reflects both an increase in testing rates and an increase in spread.

"What we need to see is the number of new tests performed per day and the number of new cases that were identified from them. That gives a better idea of the rate of spread than the total number of new cases alone.

"We also have to see if the testing criteria has remained the same between the two periods of comparison.We may open up gradually but will have to continue case detection, contact tracing and follow personal protection measures as vigorously as possible," he added.

A total of 31,26,119 samples have been tested as on May 26, 9 am and 92,528 samples have been tested in the last 24 hours, ICMR officials said.

India is the tenth most affected nation by the pandemic after the US, Russia, UK, Spain, Italy, Brazil, Germany, Turkey and France, as per the John Hopkins University data.

The country has recorded 6,088, 6,654, 6,767 and 6977 cases on May 22, 23, 24 and 25 respectively. Also, the number of RT-PCR tests for detection of COVID-19 in the country crossed the 30-lakh mark on Monday.

The first two phases of the lockdown led to 14-29 lakh COVID-19 cases being averted, while the number of lives saved in that period was between 37,000 and 78,000, the government said last Friday, citing various studies, and asserted that the unprecedented shutdown has paid "rich dividends" in the fight against the pandemic.

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News Network
April 11,2020

New Delhi, Apr 11: With 40 deaths and 1,035 new COVID-19 cases in the last 24 hours, India on Saturday witnessed a sharpest ever increase in coronavirus cases, taking the tally of the infected people in the country to 7,447, as per the Ministry of Health and Family Welfare on Saturday.

According to the official data, among 7447 COVID-19 positive cases, 6,565 are active cases and 643 are cured, discharged and migrated and 239 patients who have succumbed to the virus.

Maharashtra has reported the highest number of cases in the country which stands at 1,574, including 188 cured and discharged and 110 deaths, followed by Tamil Nadu with 911 corona positive cases.

On the other hand, the national capital has reported 903 cases, which include 25 recovered cases and 13 deaths.

While 553 have detected positive for the infection in Rajasthan, Telangana has 473 corona cases and Chhattisgarh and Chandigarh have reported 18 cases each.

Uttar Pradesh and Haryana, that borders the national capital, has 431 and 177 cases, respectively.
Kerala, which reported India's first coronavirus case, has 364 confirmed cases.

The newly carved union territories -- Ladakh and Jammu and Kashmir--- have 15 and 207 cases, respectively.

The least number of COVID-19 cases have reported from the northeast region of the country. While Arunachal Pradesh, Mizoram, and Tripura have only 1 corona positive case, Assam has 29 people infected with the virus, which is the highest in the region.

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News Network
July 12,2020

Hyderabad, Jul 12: Hyderabad MP and All India Majlis-e-Ittehad-ul-Muslimeen chief Asaduddin Owaisi on Saturday condemned the demolition of a mosque and a temple inside the Secretariat building. He demanded the arrest of the contractor for demolition.
"During the process of demolition of the Secretariat building in Telangana, the mosque and temple were also demolished. The contractor must be booked and should be arrested. The public should know that we condemn this," he said while speaking to news agency.
Pointing out that his party MLAs Akbaruddin Owaisi and Moazam Khan have urged the state Assembly to look into the matter, he added, "We are not against the building of a new Secretariat, but what we asked for is not to destroy these structures during the process."
He welcomed the Chief Minister's announcement regarding the rebuilding of these structures.
"We expect the mosque to be built in the exact same place where it once stood. We expect the Chief Minister to speak to the representatives and meet our expectations and emotions about the mosque," he added.

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