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
June 1,2020

Palakkad, Jun 1: An 11-month-old boy, whose parents are placed under COVID-19 quarantine, drowned in a bucket of water in Chalissery at Palakkad district.

The toddler Muhammed Nisan was the son of Muhammad Sadiq. The parents of the child are under home quarantine after Sadiq's brother, who is living in the same home was tested positive of COVID-19.

The child was found dead in a bucket of water kept in the bathroom on Saturday around 10 pm.

Chalissery police said that ''further actions will be taken only after the test result comes out. We have filed an unnatural death case on this.''

Since the family has been quarantined, the body of the baby has been shifted to the Thrissur Medical College for COVID-19 testing.

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News Network
March 6,2020

Beijing, Mar 6: World health officials have warned that countries are not taking the coronavirus crisis seriously enough, as outbreaks surged across Europe and in the United States where medical workers sounded warnings over a "disturbing" lack of hospital preparedness.

The World Health Organization warned Thursday that a "long list" of countries were not showing "the level of political commitment" needed to "match the level of the threat we all face".

"This is not a drill," WHO chief Tedros Adhanom Ghebreyesus told reporters.

"This epidemic is a threat for every country, rich and poor."

Tedros called on the heads of government in every country to take charge of the response and "coordinate all sectors", rather than leaving it to health ministries.

What is needed, he said, is "aggressive preparedness."

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News Network
June 5,2020

Bengaluru, Jun 5: An FIR has been filed against former journalist and human rights activist Aakar Anil Patel in Bengaluru here over his comments on social media under charges pertaining to provocation with intent to cause riots.

The FIR was registered under Section 117 (abetting commission of an offence by the public or by more than ten persons), 153 (wantonly giving provocation with intent to cause riot), and 505-1-B (intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public) of the Indian Penal Code (IPC) at the JC Nagar police station.

According to the FIR filed on June 2, Patel had tweeted that protests like the ones in the US over George Floyd's death are needed in India by the marginalised communities.

Patel, former chief of Amnesty International India, had on May 31 posted from his Twitter account, which is not verified.

On May 25, Floyd died in police custody in Minneapolis, Minnesota, following which protests against police brutality and racism erupted in various cities in the United States. The protests were later replaced by incidents of violence across the country.

India also has witnessed several cases of mob lynchings and custodial deaths in recent years. In most cases victims belong to down trodden communities such as Muslims and Dalits.

Responding to the development, Amnesty International India has said that FIR against Patel is another example of how the right to dissent is being "increasingly" criminalised.

"The Bengaluru police must stop abusing its authority and put an end to the intimidation and harassment of Aakar Patel for exercising his constitutionally guaranteed right to freedom of expression. People of this country have the right to agree or disagree with those in power, and to express these opinions in peaceful protests - without fear or unlawful interference," Amnesty International India Executive Director Avinash Kumar said.

He said that peacefully protesting against the government is not a crime and added that not agreeing with the policies of those in power does not make you a traitor.

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