Rape victim who turns hostile during trial ineligible for relief: High Court

News Network
October 3, 2019

Bengaluru, Oct 3: A rape victim who turns hostile during trial is not entitled to compensation under Victim Compensation Scheme, said the Karnataka high court.

The court made the observation while rejecting the claim of an alleged rape survivor, who had sought release of Rs 7 lakh compensation from Karnataka State Legal Services Authority (KSLSA).

Justice Alok Aradhe noted that clause 6 (3) of the scheme required the claimant to cooperate with the investigation and the trial and clause 7 (10) spoke about recovery of the compensation with 15% interest, if it is held by the trial court that the survivor or dependants had obtained the order sanctioning the compensation on a false or fabricated complaint.

The judge was of the view that in the case at hand, the woman and her father had been declared hostile and KSLSA was right in holding that she is not entitled to compensation.

The woman alleged that she was raped on March 11, 2014. An FIR was filed and chargesheet was submitted based on her complaint. Her father submitted a representation on May 22, 2015, seeking compensation and the District Legal Services Authority passed an award on March 24, 2018, granting Rs 3 lakh.

However, during the pendency of the proceedings before the authority, the woman and her father were declared hostile in the criminal proceedings. Thereafter, on May 23, 2019, KSLSA set aside the order of the district legal services authority, where Rs 3 lakh compensation was awarded to the woman.

The woman contended that an opportunity of hearing was not afforded to her. However, Justice Aradhe noted that in case where only one conclusion was possible, such a plea on principles of natural justice cannot be entertained.

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News Network
April 21,2020

Bengaluru, Apr 21: Karnataka cabinet on Monday decided to continue the COVID-19 lockdown measures currently in force in the state till May 3 without any relaxation, Law and Parliamentary Affairs minister J C Madhuswamy said.

However, leaving a window open, it authorised chief minister B S Yediyurappa and the COVID-19 Task Force to meet in three or four days to review and take further decision about any relaxation, he told reporters.

"Today cabinet has decided it (the norms) will be extended up to May 3... there will be no relaxation and the situation that that exists as of today will continue," he said.

Pending the cabinet decision, chief secretary T M Vijay Bhaskar had on Sunday issued fresh orders directing the continuation of the stringent lockdown measures issued by the Ministry of Home Affairs till the midnight of April 21.

Meanwhile, five new coronavirus cases have been confirmed in Karnataka, taking the total number of infections in the state to 395, the Health department said on Monday.

"Five new positive cases have been reported from last evening to this noon... Till date 395 COVID-19 positive cases have been confirmed. This includes 16 deaths and 111 discharges," the department said in its mid-day situation update.

All the five fresh cases are from Kalaburagi and contacts of patients who have already tested positive.

Four of them are men of age 17, 13, 50 and 19, and one woman aged 30.

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Wafa Sultana
April 4,2020

Over the last couple of days when the world was occupied with unifying efforts to fight the deadly Covid19 pandemic, sections of Indian media provided viewers a familiar scapegoat – the Indian Muslims – who are often stereotyped as a community being constantly at loggerheads with the citizenry and the State. Biased media channels were quick to resort to blaming the entire Muslim community for the spread of the disease in the country, thanks to an ill-timed Tablighi Jamaat gathering at its international headquarters in Delhi’s Nizamuddin. Unsurprisingly, the opprobrium was also marked by a sudden spike in WhatsApp forwards of videos with people wearing skullcaps licking spoons and performing Sufi breathing rituals, suggesting some sort of wild conspiracy on the part of the community to spread the virus.  Some media channels were quick to formulate, hypothesize and provide loose definitions of a newly discovered form of Jihad i.e. ‘Corona Jihad ’ thereby vilifying the Islamic faith and its followers.

While the investigation on the culpability of the organizers of the Nizamuddin event is still ongoing, there is enough information to suggest that the meeting was held before any lockdown was in force, and the problem began when there was no way of getting people out once the curfew was announced. Be that as it may, there is little doubt that organizing a meet of such a scale when there is a global pandemic smacks of gross misjudgment, and definitely the organizers should be held accountable if laws or public orders were defied. Attendees who attempt to defy quarantine measures must be dealt with strictly. However, what is alarming is that the focus and narrative have now shifted from the unfortunate event at Nizamuddin to the Tablighi Jamaat itself.

For those not familiar with the Tablighi Jamaat, the organization was founded in 1926 in Mewat by scholar Maulana Mohammad Ilyas. The Jamaat’s main objective was to get Muslim youth to learn and practice pristine Islam shorn of external influences. This is achieved through individuals dedicating time for moral and spiritual upliftment secluded from the rest of the world for a brief period of time. There is no formal membership process. More senior and experienced participants typically travel from one mosque to other delivering talks on religious topics, inviting local youth to attend and then volunteer for a spiritual retreat for a fixed number of days to a mosque in a nearby town or village to present the message to their co-religionists. Contrary to ongoing Islamophobic rhetoric, the movement does not actively proselytize. The focus is rather on getting Muslims to learn the teachings and practices of Islam.  This grassroots India-based movement has now grown to almost all countries with substantial Muslim populations. Its annual meets, or ‘ijtemas’ are among the largest Islamic congregations in the world after the annual Haj. One of the reasons for its popularity and wide network in the subcontinent and wordwide is the fact that it has eschewed the need for scholarly intervention, focusing on peer learning of fundamental beliefs and practice rather than high-falutin ideological debates. The Tablighi Jamaat also distinguishes itself from other Islamic movements through its strictly apolitical nature, with a focus on individual self-improvement rather than political mobilization. Hardships and difficulty in the world are expected to be face through ‘sabr’ (patience) and ‘dua’ (supplication),  than through quest for political power or influence. In terms of ideology, it is very much based on mainstream Sunni Islamic principles derived from the Deobandi school.

So, why is all this background important in the current context? While biased media entities have expectedly brought out their Islamophobic paraphernalia out for full display, more neutral commentators have tried to paint the Tablighi Jamaat as a fringe group and have tried to distance it from 'mainstream Muslims'. While the intent is no doubt innocent, this is a trap we must not fall into. This narrative, unfortunately, is also gaining ground due to apathy some Muslims have for the group, accusing it of being “disconnected from the realities of the world”. Unlike other Muslim organizations and movements, the Tablighi Jamat, by virtue of its political indifference, does not boast of high-profile advocates and savvy spokespersons who can defend it in mainstream or social media.  The use of adjectives such as 'outdated' and 'orthodox' by liberal columnists to describe the Jamaat feeds into the malignant attempt to change the narrative from the control of the spread of the pandemic due to the Nizamuddin gathering to 'raison d'etre' of the organization itself.

A large mainstream religious group like the Tablighi Jamaat with nearly a hundred-year history, normally considered to be peaceful, apolitical and minding its own business is now suddenly being villainized owing to unfortunate circumstances. Biased media reactions filled with disgust and hate seem to feed the Indian public conscience with a danngerous misconception - to be a nominal Muslim is okay but being a practicing one is not.  For those committed to the truth and fighting the spread of Islamophobia, the temptation to throw the entire Tablighi Jamaat under the bus must be resisted.

The writer is a lawyer and research scholar at Qatar University. Her research interests include Islamic law and politics.

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zahoorahmed
 - 
Saturday, 4 Apr 2020

great article! provides a great perspective on tableeg jamat

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News Network
March 31,2020

Bengaluru, Mar 31: Venkara Raghava, a software engineer from Bengaluru, who was infected with the coronavirus has recovered and is currently "doing perfectly well".

"I am doing perfectly well now. I had travelled to Los Angeles via Heathrow airport and that is when I came in contact with many travellers. I might have picked up the infection there," Raghava told news agency.

It was in Los Angeles when he started getting a 'low-grade fever' which led him to prepone his flight to Bengaluru. "When I landed back in Bengaluru on March 8, I had a fever and I isolated myself. The same day I went to a hospital where my travel history was taken and I tested positive for COVID-19", he said.

The next day, he was admitted to the isolation centre. His entire family was also tested but the results came back negative.

When asked about what does suffering from COVID-19 feel like, he responded that it was a like a regular viral fever and was "nothing to be scared of". "The fever is very grinding, and since my childhood, I never had a fever. I had a fever for almost 15 days consistently 100 degrees (F)," he said.

About his experience at the isolation centre, he said that it was an experience unlike that of a hospital. "At the isolation centre, one has to take care of themselves, unlike a hospital where doctors and nurses take care of the patient. I had to put a wet cloth on myself and you cannot overdose yourself with Calpol or Paracetamol," he said.

For him, "The tough times are now over" and now he has fully recovered but in the process, he ended up losing about five kilograms. "After the fifteenth day when I woke up with no fever, they took a test for the nose and the throat and it came back negative," he recalled, and on March 22, he was set free.

For one week, he has been in self-quarantine at home "being completely watchful" that the symptoms do not reoccur.

The number of total coronavirus cases reached 1,251 on Monday. There are 1117 active cases in the country, according to the Ministry of Health and Family Welfare.

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