Now, women too can be tried for domestic violence

October 9, 2016

New Delhi, Oct 9: From now on, complaints can be filed against women too under the Protection of Women from Domestic Violence Act.Supreme

The Supreme Court has struck down a provision that allowed a complaint only against an adult male under the act. In a ruling having far-reaching consequences, the apex court declared that the words “adult male” in Section 2(q) of the 2005 act will stand deleted since it does not square with Article 14 (equality) of the Constitution.

Under Section 2(q), only an adult male can hitherto be prosecuted, thereby saving women from any adverse proceedings. “If ‘respondent’ is to be read as only an adult male person, it is clear that women who evict or exclude the aggrieved person are not within its coverage, and if that is so, the object of the act can very easily be defeated by an adult male person not standing in the forefront, but putting forward female persons who can therefore evict or exclude the aggrieved person from the shared household,” the court said.

A bench of Justices Kurian Joseph and R F Nariman relied upon the definition of domestic violence as given in the social beneficial legislation, which provided various innovative remedies in favour of women against the perpetrators, to hold that the provision would defeat the object of the law.

“It is clear that such (domestic) violence is gender neutral. It is also clear that physical, verbal, emotional and economic abuse can all be by women against women. Even sexual abuse may, in a given circumstance, be by one woman on another,” the court said.

The court noted that the words “adult male person” are contrary to the object of affording protection to women who have suffered from domestic violence of any kind.

“We, therefore, strike down the words “adult male” before the word “person” in Section 2(q) as these words discriminate between persons similarly situated, and far from being in tune with, are contrary to the object sought to be achieved by the 2005 act,” said Justice Nariman, writing the judgement.

Applying the principle of severability, the court said that having struck down “adult male” in Section 2(q), the rest of the act is left intact and can be enforced to achieve the object of the legislation without the offending words.

The apex court passed its ruling while allowing an appeal against a Bombay High Court judgement that has read down the provision of the law.

The high court held that complaints can be filed against women as well.

The apex court went on to delete the provision, setting aside the judgement.

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News Network
June 8,2020

Panaji (Goa)/Bhopal (Madhya Pradesh), Bengaluru(Karnataka)/New Delhi [India], June 8 (ANI): With the government allowing the re-opening of restaurants and eateries from Monday, these establishments re-opened across several states on Monday including in Goa, Madhya Pradesh and Delhi, with necessary precautions in place amid COVID-19 crisis.

Restaurants reopened in Panaji today after relaxations in lockdown.

Speaking to ANI, Goa Hotel and Restaurant Association President, Gaurish Dhond said, "We expect that not more than 25 per cent of restaurants will reopen because our labour force is dependent upon migrant workers who have gone to their homes".

"Every guest will be checked with a thermal gun, we will provide them with a sanitizer and a digital menu most probably. We would like to request our customers to pay online. Residential hotels are also allowed to operate and guidelines have been issued for them," he added.

Bars are not allowed to operate, he added.

While religious places across the country were thrown open today, worship places continued to remain closed in Goa till June 30.

In Bhopal restaurants opened but with fewer customers venturing to eat outside.

Speaking to ANI, C Kumaran, Manager, India Coffee House, New Market said, "We will conduct a temperature check for customers at the entry point. Then the customers will have to wash and sanitize their hands only then they will be allowed to sit inside. Only two persons will be allowed to sit on a four-seat table."

"This restaurant has a seating capacity of around 120 persons which has now been reduced to 50. Even in the kitchen, staff capacity has been reduced to 50 per cent," he added.

Meanwhile, malls re-opened in Bengaluru today, people along with staff members were allowed to enter inside Garuda Mall while maintaining social distancing.

"As per government norms, we are following all the preventive measures. Staff and other people are being sanitized and then only allowed inside the mall. The mall has been deep cleaned. People entering the mall should have Aarogya Setu App installed in their mobile phones if not, they will be sent back," said John Joseph, Manager, Garuda Mall.

Restaurants re-opened in the national capital as Delhi CM Arvind Kejriwal announced yesterday that all restaurants and malls are allowed to resume operations from today.

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Agencies
April 14,2020

New Delhi, Apr 14: Prime Minister Narendra Modi has announced the extension of a nationwide lockdown till May 3 to contain the spread of Covid-19 as the number of novel coronavirus cases surged past 10,000-mark on Tuesday. Hinting at partial relief, however, the Prime Minister said there could be some relaxations after April 20 in places where there is no hotspot.

Lockdown 2.0 will come into force from April 14 till May 3, PM Modi said in a televised address to the nation on Tuesday. The 19-day extension of the lockdown till May 3 is an attempt to contain the spread of novel coronavirus which has affected over 10,000 people in India. 

Even before #COVID19 cases touched 100, India made it compulsory for foreign returnees to remain in 14 days isolation. We imposed 21-day lockdown when we had 550 cases: PM Narendra Modi https://t.co/qi8MgG8qPQ

— ANI (@ANI) April 14, 2020
PM Modi said the Centre will closely monitor hotspots in states across India and added that those areas where there are no hotspots will get partial relief. “Till April 20, all districts, localities, states will be closely monitored, as to how strictly they are implementing norms. States where hotspots are contained could be allowed to resume some important activities, but with certain conditions,” the PM said.

The Prime Minister, in his address to India on Tuesday, began by lauding the efforts of Indians in the fight against novel coronavirus. “Covid-19 is spreading fast but India’s fight against coronavirus is going strong. It is because of your efforts that we are able to put up a fight,” the PM said as he thanked people for their co-operation.

PM Modi said, “People have gone through hardships to save India. I know how many difficulties you faced. I respectfully bow to the people of India for their sacrifice.”

The national lockdown first came into force from March 25 when the PM took an unprecedented measure in the fight against Covid-19. The lockdown was scheduled to end today.

STATES PUSHED FOR LOCKDOWN 2.0

The decision to extend the lockdown followed after a broad consensus emerged that the national lockdown should be extended by at least two weeks following a meeting between PM Modi and state chief ministers on Saturday.

It was reportedly after this meet with the Prime Minister that it was decided that the nationwide lockdown will be extended to tackle the spread of Coivid-19. The extension request from states came despite concerns that the shutdown will put millions out of work.

PM has taken correct decision to extend lockdown. Today, India’s position is better than many developed countries because we started lockdown early. If it is stopped now, all gains would be lost. To consolidate, it is imp to extend it

— Arvind Kejriwal (@ArvindKejriwal) April 11, 2020
"If it is stopped now, all gains would be lost. To consolidate, it is imp (important) to extend it," Arvind Kejriwal had written on Twitter after the meeting while he added that PM Modi had "taken (a) correct decision to extend (the) lockdown”.

Several states had, however, pushed for resumption of some economic activities like in the farming sector in areas where no cases of the novel coronavirus have been reported.

ALL THAT HAS HAPPENED TILL NOW

Prime Minister Narendra Modi first addressed an anxious nation on March 19 as the coronavirus pandemic emerged as a serious concern for the country. In his televised address, the PM asked the people to observe ‘Janata Curfew’ for March 22.
The Prime Minister urged Indians to remain indoors as much as possible as he suggested ways to battle the coronavirus pandemic.

On March 24, the Prime Minister came back and announced a 21-day lockdown across the country. In his second address, PM Modi said the step was taken as it was the only way to break the chain of infection. The lockdown was to be in effect till April 14.

PM Modi later asked citizens to make noise at 5 pm to show their appreciation for medics, nurses and sanitation workers. This call was well received as Indians came out to clap, clang metal vessels and ring bells to cheer workers battling the spread of the coronavirus.

Ten days into the lockdown, the Prime Minister addressed the nation again and asked people to light candles, lamps and hold mobile phone torches for nine minutes from 9 pm on April 5 to demonstrate a collective will to fight coronavirus.

As of Tuesday morning, the death toll due to coronavirus has climbed to 339 with over 50 deaths within 24 hours. The number of cases in the country, meanwhile, had crossed the 10,000-mark, according to the Union Health Ministry. Over a thousand have been cured and discharged.

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News Network
June 15,2020

New Delhi, Jun 15: On Monday, petrol and diesel prices across the country were raised for the ninth consecutive day by 48 paise and 59 paise, respectively.

Petrol price per litre was raised to Rs 76.26 in New Delhi, Rs 83.17 in Mumbai, Rs 79.96 in Chennai, Rs 79.17 in Hyderabad, Rs 78.73 in Bengaluru and Rs 78.10 in Kolkata.

Diesel price per litre was hiked to Rs 74.62 in New Delhi, Rs 73.21 in Mumbai, Rs 72.69 in Chennai, Rs 72.93 in Hyderabad, Rs 70.95 in Bengaluru and Rs 70.33 in Kolkata.

Since 7 June, after ending their 82-day hiatus in daily revision, state-owned oil marketing companies have increased petrol price by Rs 5 per litre and diesel by Rs 5.23 per litre.

These prices are close to levels last seen in October-November 2018 when international oil prices had spiked close to $80 per barrel. In October 2018, petrol price in Mumbai had crossed Rs 90-mark and in Delhi, it was around Rs 83 per litre.

Comparatively, on Monday, Brent crude, the international benchmark for crude oil prices, fell 2.3 percent to $37.84 a barrel over concerns of subdued demand for fuel as new coronavirus infections were reported in China and the US.

The present spike in fuel prices in India could be attributed to the fact that central and state governments, along with oil marketing companies are looking to make up for their loss in revenues due to the lockdown.

Last month, the central government had increased the excise duty on per litre of petrol by Rs 10 and per litre of diesel by Rs 13. Several state governments have also hiked their VAT or cess on fuel in the last month. In fact, now around 70 percent of the retail price of fuel is just some form of tax.

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