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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Agencies
June 25,2020

Patna, Jun 25: At least 83 people died due to thunderstorms in Bihar in the last 24 hours, according to Chief Minister's Office.

Bihar Chief Minister Nitish Kumar announced Rs 4 lakhs each for the families of deceased.

Thirteen people died in Gopalganj, 8 each in Madhubani and Nawada, 6 each in Baghalpur and Siwan, 5 each in Darbhanga, Banka, East Champaran and 3 each in Khagaria and Aurangabad.

Due to thunderstorms, two people each lost their lives in West Champaran, Kishanganj, Jamui, Jahanabad, Purnia, Supaul, Buxar, Kaimur while one death each was reported in Samastipur, Shivhar, Saran, Sitamarhi and Madhepura.

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coastaldigest.com news network
May 6,2020

New Delhi, May 6: The government on Wednesday said no data or security breach has been identified in Aarogya Setu after an ethical hacker raised concerns about a potential security issue in the app.

The app is the government's mobile application for contact tracing and disseminating medical advisories to users in order to contain the spread of coronavirus.

On Tuesday, a French hacker and cyber security expert Elliot Alderson had claimed that "a security issue has been found" in the app and that "privacy of 90 million Indians is at stake".

Dismissing the claims, the government said "no personal information of any user has been proven to be at risk by this ethical hacker".

"We are continuously testing and upgrading our systems. Team Aarogya Setu assures everyone that no data or security breach has been identified," the government said through the app’s Twitter handle.

The tweet gave point-by-point clarification on the red flags raised by the hacker.

"We discussed with the hacker and were made aware of the following... the app fetches user location on a few occasions," it said, but added that this was by design and is clearly detailed in the privacy policy.

The app fetches users’ location and stores on the server in a secure, encrypted, anonymised manner - at the time of registration, at the time of self assessment, when users submit their contact tracing data voluntary through the app or when it fetches the contact tracing data of users after they have turned COVID-19 positive, it said.

On another issue that users can get COVID-19 stats displayed on the home screen by changing the radius and latitude-longitude using a script, Aarogya Setu said that all this information is already public for all locations and hence does not compromise on any personal or sensitive data.

"We thank the ethical hacker on engaging with us. We encourage any users who identify a vulnerability to inform us immediately...," it said.

Responding to Aarogya Setu's clarification, Alderson tweeted, "I will come back to you tomorrow".

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News Network
February 16,2020

New Delhi, Feb 16: RSS chief Mohan Bhagwat on Saturday said everyone is unhappy in the society and constantly agitating notwithstanding a "many-fold rise" in materialistic comforts and pleasures.

Addressing a gathering of Sangh workers and intellectuals here in Gujarat, Mr Bhagwat also said that even political parties who are not in power are also agitating.

"Inspite of increase in comforts and materialistic pleasures, everyone is unhappy and is staging agitations. Be it owner or servant, a party in opposition, the common man students, teachers, everyone is unhappy and dissatisfied," the Rashtriya Swayamsewak Sangh (RSS) chief said.

He was speaking on the topic "India's Role in the Present World Context".

Mr Bhagwat further said that bigotry, violence and terrorism are on the rise in the present world.

"India has to give 'dharma'  (wisdom) to the world so that knowledge spreads but humans do not become robotic. We have always talked about the concept of global family but not global market," he said.

The lecture was organised by "Madhav Smruti Nyas", an organisation backed by the RSS.

"To think that we are living in a better world is a half truth. Facilities are not evenly distributed. Rule of Jungle is prevailing. A capable person is crushing the weak to climb up. Knowledge is used more for the destruction of the world," the Sangh chief said.

Mr Bhagwat said people are also misusing social media by spreading "false information" to create controversies.

He also stated that trying to put "everyone into one uniform" is also a form of bigotry.

"US and Russia are super powers. China would become a super power too. Now, what super power nations did to others? They just took control of other countries for their own selfish agenda. These super powers gave it back only when they were asked to do so. Otherwise, they never gave anything to others," said Mr Bhagwat.

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