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
April 9,2020

New Delhi, Apr 9: Kerala opposition coalition United Democratic Front on Thursday submitted a roadmap to Prime Minister Narendra Modi for staggered lifting of ongoing lockdown due to COVID-19 pandemic.

The coalition led by leader of opposition Ramesh Chennithala has given a set of recommendations to Modi in this regard, which include those made by an expert committee headed by deputy leader of opposition M K Muneer.

The committee was set up to suggest measures to be taken by the government for smooth transition from lockdown to normalcy.

It listed an eight-point exit strategy for removing lockdown in a staggered approach at a district level, with emphasis on hotspots to avoid further spread of virus and ensure smooth restart of economy.

This approach is tuned to the unique needs of each district and all the districts should also be categorised as per their risk levels, the report said.

The report has also been submitted to chief ministers of all states, former prime minister Manmohan Singh, Congress president Sonia Gandhi, senior Congress leader Rahul Gandhi among others.

The committee recommended that COVID-19 rapid testing must be enhanced across the country and the testing target be widened to 500 tests per one lakh population.

"A step-by-step approach is necessary for each sector along with conditions that need to be considered for each sector," the report said.

"There is a need for a comprehensive economic stimulus package in addition to the ones already announced after considering all the industries," it added.

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News Network
January 27,2020

New Delhi, Jan 27: Remember the story of two friends coming face-to-face with a bear in a forest? One of the two friends climbs the tree to save his life and the other, not knowing how to, lays on the ground, breathless, pretending to be dead.

Well, that lesson turned out to be useful for this man who pretended to be dead when a tiger had both his paws on the man's chest.

Yes, that is right. IFS officer Parveen Kaswan recently shared a video of a man lying under a tiger, with their faces extremely close to each other with the caption, "You want to see how does a narrow escape looks like in case of an encounter with a #tiger. #Tiger was cornered by the crowd. But fortunately, the end was fine for both man and tiger. Sent by a senior."

Another Twitter user shared the full 30-second video in the comments. He also said that the incident occured in Tumsar in Bhandara district, Maharashtra. The spine-chilling clip shows a tiger running freely in the fields trying to avoid people who have surrounded him and are trying to shoo him away.

In his quest to run away, the scared tiger grabs a human. When he sees that people are still approaching him and trying to scare him away, he gets up and runs away for his life. All this while, the man who was captured by the animal lays still on the ground and does not make an attempt to get free.

This is what stuck with Twitter and they are praising the man for his presence of mind.

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Agencies
August 8,2020

Kozhikode, Aug 8: Kerala Chief Minister Pinarayi Vijayan on Saturday announced a compensation of Rs 10 lakh to the next of kin of each passenger who died when an Air India Express flight veered off the runway while attempting to land at the Karipur International Airport here on August 7.

He was briefing the media after visiting the crash site at the airport and the injured at the Kozhikode Medical College Hospital.

Offering his condolences, the Chief Minister said, "Apart from the solatium for the victims, the state government would bear the treatment expenses of all those injured in this unfortunate plane crash irrespective of the hospitals they are in. The Civil Aviation Ministry and other Central Government agencies are expected to announce compensation for the air passengers. 

If any further assistance is required, the State Government will take an appropriate decision at that time to support them to get back to a normal life."

"However, the immediate task now is to ensure the best possible treatment for the survivors of the accident. The District Authority is coordinating the treatment of those rescued who are now in 16 hospitals across Kozhikode and Malappuram Districts," added Vijayan.

Of the 190 people on board the ill-fated plane, there were 184 passengers and six crew members. Of the 18 dead so far, 14 are adults (seven males and females each) and four are children. Both the Pilot and the Co-Pilot are among those dead. At present, 149 passengers are hospitalised, of them 23 with serious injuries. Till now, 23 passengers have been discharged. There are few passengers from Tamil Nadu and Telangana also.

All the dead have been identified, eight from Kozhikode district, six from Malappuram district and two from Palakkad district. The post mortem process has been expedited despite the Covid threat and is expected to finish before evening. All the accident victims will be tested for Covid including those who died in the crash. So far, only one victim has tested positive for coronavirus, the Chief Minister said.

He also appreciated the instant response by the local public living in the vicinity of the airport and also the local authorities to this tragedy which ensured the minimum loss of lives in a disaster of such large magnitude as a plane crash. The rescue operations were finished in the shortest possible time yesterday.

"Even though 18 precious lives have been lost due to the impact of the crash, the rescue operations were a miraculous work. The general public and the officials played a big role in spearheading the rescue operations," he said.

Vijayan along with Governor Arif Mohammad Khan reached Kozhikode this morning.

Governor Arif Mohammad Khan expressed his condolences and sympathies to the families of the accident victims and his best wishes for the speedy recovery of those injured.

The Chief Minister was accompanied by the Niyamasabha Speaker, P. Sreeramakrishnan; Minister for Industry E.P Jayarajan, Minister for Health and Social Justice, K K Shailaja; Minister for Agriculture V.S Sunilkumar; Minister for Ports Ramachandran Kadannappalli; Minister for Transport AK Saseendran, Minister for Excise T.P Ramakrishnan, Chief Secretary, Dr Vishwas Mehta; and State Police Chief, Loknath Behra, DGP. 

The Minister for Local Self Governments, A C Moideen and the Minister for Higher Education and Welfare of Minorities, Dr K T Jaleel were already present in Kozhikode.

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