Parties fail to reach a consensus on controversial anti-rape bill

[email protected] (CD Network)
March 18, 2013
New Delhi, Mar 18: An all-party meet to discuss the controversial anti-rape bill failed to reach a consensus Monday following differences over lowering the age of consent to 16 years, and making stalking and voyeurism punishable under the law.

Political parties will meet again at 12.30 p.m. to evolve a consensus on the issue.

rape“We had an all-party meeting in the morning on the Criminal Law (Amendment) Bill, 2013. The ordinance was brought by the government and has to be replaced by a bill,” said Parliamentary Affairs Minister Kamal Nath.

“Largely there is consensus on contents of the bill, except that there are concerns about misuse and abuse of some of the provisions and parties have suggested there should be adequate measures for safeguard. And what those measures should be, we will discuss in the next few hours,” he said.

The minister said there were also differences over lowering age of consent to 16 years, from the present 18.

“There are also differences of opinion over the age of consent being (lowered to) 16 years. We will again be meeting at 12.30 p.m. and all issues will be discussed. And if required, the government will bring amendments along with the bill so that it can be put up for consideration and passing in the Lok Sabha and then Rajya Sabha,” he said.

The Bharatiya Janata Party (BJP) and the Samajwadi Party (SP) have expressed reservations on the clause for lowering the age for consensual sex to 16 years.

Last week, the government managed to resolve the differences over the bill within the cabinet with a group of ministers debating controversial clauses threadbare.

The ministers differed on the use of word "rape" in place of "sexual assault", lowering of age of consent from 18 to 16 years and the definition of voyeurism and stalking, punishable under the bill.

The bill also proposes the death penalty in the rarest of rare cases for rape and for repeat offenders.

It also incorporated suggestions of the Justice J.S. Verma Committee, which was formed to offer suggestions on making anti-rape laws stronger.

The issue has been in sharp focus after the brutal assault and gang-rape of a 23-year-old woman in Delhi Dec 16 last year. She succumbed to her injuries Dec 29 in a Singapore hospital, where she had been airlifted for treatment.

The Criminal Law (Amendment) Bill, 2013, will replace the ordinance promulgated by President Pranab Mukherjee Feb 3.

It has to be passed by April 4, within six weeks from Feb 21, when parliament's budget session started.

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News Network
July 24,2020

New Delhi, Jul 24: The Delhi High Court on Friday asked the ICMR to come out with a clarification that mobile number, government-issued identity card, photographs or even a residential proof ought not to be insisted upon for Covid-19 test of mentally ill homeless persons.

According to an Indian Council of Medical Research (ICMR) advisory of June 19, every person who was to be tested for Covid-19 has to provide a government-issued identity proof and should have a valid phone number for tracing and tracking the individual and his/her contacts.

A bench of Chief Justice D N Patel and Justice Prateek Jalan said that ICMR should issue a clarification by way of a circular or an official order that the identity proof, address proof and mobile number are not required for testing mentally ill homeless persons.

The high court said a camp can be organised for testing such persons as is being done across Delhi for others.

"Guidelines have to be given by you (ICMR). You put it in black and white for the states'' benefit. You only need to clarify in two-three lines that mobile number, address proof and identity cards are not required for testing mentally ill homeless persons," it said.

"Use your powers for the public at large. Once you do so (issue the clarification), all states will comply," the bench added.

Additional Solicitor General Chetan Sharma, appearing for ICMR, sought time to take instructions from the government regarding the observations made by the bench.

The high court, thereafter, listed the matter for further hearing on August 7.

The bench was hearing a PIL moved by advocate Gaurav Kumar Bansal seeking directions to ICMR and Delhi government to issue guidelines for Covid-19 testing of mentally ill homeless persons in the national capital.

Coronavirus India update: State-wise total number of confirmed cases, deaths on July 24

The high court on July 9 had asked the ICMR to consider the plight of the mentally ill homeless persons and see whether they can be tested without insisting upon a mobile number, government issue identity card and residential address proof.

The bench had said to ICMR that many homeless mentally ill persons are institutionalised or in shelter homes and therefore, traceable, so there was no need for their identity proof or phone numbers to test them for Covid-19.

In response to the court''s query, ICMR has filed an affidavit stating that the purpose behind the submission of government identity card and telephone number was to ensure proper tracking and treatment of positive cases and their contacts as ''Test/Track/Treat'' is the best strategy for control of Covid-19 pandemic. 

It further said that since health was a state subject, the concerned state health authority may consider adopting a suitable protocol to ensure that the strategy of ''Test/Track/Treat'' is followed and the grievance raised in the PIL is also addressed.

ICMR, in its affidavit, has said that it has only advised facilitating contact tracing as well as tracking of the Covid-19 infected patients.

"The modalities regarding the contact tracing as well as tracking of the Covid-19 infected patients completely falls under the domain of IDSP. NCDC and state health authorities. 

"ICMR is a research organization and the contact tracing, as well as tracking of the Covid-19 infected patients, is not under the domain of ICMR," it has said in its affidavit.

Bansal has claimed in his petition that the Delhi government has not taken seriously the lack of guidelines with respect to Covid-19 testing of mentally ill homeless persons.

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He has said the high court had on June 9 directed it to address the grievances raised by him in another PIL with regard to mentally ill homeless persons in accordance with law, rules, regulations and government policy.

He said that on June 13 he also sent a representation to the Chief Secretary of Delhi government for providing treatment to mentally ill homeless persons in the national capital who have no residence proof. 

However, nothing was done by the Delhi government, he had told the court.

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News Network
April 13,2020

Apr 13: The Supreme Court of India has said Indian expatriates stranded abroad cannot be flown back immediately. All petitions before India's apex court which sought directions or orders to 'bring back Indians stranded in various countries abroad' has been deferred for four weeks, according to Indian media reports.

The Chief Justice of India Sharad Arvind Bobde led bench took up matters pertaining to evacuation of Indian citizens stranded abroad amid the Covid19 pandemic.
Supreme Court today deferred for 4 weeks, all the petitions before it which sought directions or orders to 'bring back Indians stranded in various countries abroad'.

A total of seven petitions seeking directions from Court on the immediate evacuation of Indian nationals from UK, US, Iran and Gulf countries were taken up simultaneously.

Bobde said, "Stay where you are. People in other countries cannot be brought back right now"

Foreigners stuck in India granted visa extension

Furthermore, the Indian Ministry of Home Affairs (MHA) has announced a visa extension for all foreigners who are stranded in in India due to ongoing travel restrictions imposed by the government.

Regular visa,e-visa or stay stipulation of such foreigners stranded in India due to travel restrictions by Indian Authorities&whose visas have expired/would be expiring between 01.02&30.04, would be extended till 30 April on gratis basis,after online application by foreigners:MHA

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News Network
January 3,2020

Dhaka, Jan 3: Bangladesh's paramilitary force chief said on Thursday that a total of 445 Bangladeshi nationals returned from India in last two months following the publication of the National Register of Citizens (NRC) by the Indian government.

Border Guard Bangladesh (BGB) Director General Maj Gen Md Shafeenul Islam disclosed the figure during a press briefing here.

"About 1,000 people were arrested in 2019 for illegal border crossings from India to Bangladesh, with 445 of them returning home in November and December," he said.

After verifying their identities through local representatives, BGB came to know that all the intruders are Bangladeshis, Islam said, adding that 253 cases were lodged against them for illegal trespass, while initial investigations found that at least three of them were human traffickers.

The BGB Director said the trespassing did not create any tension between the border forces of Bangladesh and India.

Last week, Islam visited India where he said that the creation of the NRC is completely an "internal affair" of India and the cooperation between the border guarding forces of the two countries is very good.

He said the BGB will continue to do its work of preventing illegal border crossings as per its mandate.

A BGB delegation, led by Islam, was on a bilateral visit to India to hold DG-level border talks with its counterparts, the Border Security Force (BSF).

The talks took place from December 26-29, during which a host of issues related to cross-border smuggling and activities of criminals and others along the 4,096-km-long front were discussed.

Responding to a question, Islam said, "No discussion was held at the conference over the (NRC) issue".

He said during the five-day talks held in New Delhi, the BGB demanded that the BSF should take effective steps to prevent killings of Bangladeshis on frontiers as casualty figures sharply rose in 2019.

"The number of border killings in 2019 was highest in the last four years. As per our calculation, the number of such unexpected deaths was 35," the BGB chief said.

However, the BSF estimate of the casualty figure is much lower than our calculation, he said.

Islam said the BSF is following the policy of maintaining maximum restraint and minimal use of force even after being attacked by "armed border offenders".

A statement issued by the BSF last month in New Delhi after the conclusion of the DG-level talks said, "On the concern of the BGB regarding the death of Bangladeshi nationals on borders, it was informed to them that a non-lethal weapon policy is strictly followed by BSF personnel on borders.

"Firing is resorted to only in self-defence, when BSF patrols are gheraoed and attacked by ‘dah’ (a sharp-edged weapon) etc. It was specified that the BSF does not discriminate between criminals based on nationality," it said.

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