Why lady be obliged to please her husband? SC questions practice of female genital mutilation

Agencies
July 30, 2018

New Delhi, Jul 30: The Supreme Court on Monday while hearing the writ petition filed against the practice of Female Genital Mutilation (FGM) questioned the practice and said that a lady cannot be made available to her husband like a cattle.

The petition filed in the top court has sought issuance of orders to impose a complete ban on the practice of Female Genital Mutilation throughout India and for making it a cognizable non-compoundable and non-bailable offence.

Chief Justice of India, Dipak Misra, who was heading the bench of the top court, said that "why should a lady make such an effort that she is available to her husband as cattle. Why should only a lady have obligation to please her husband."

The CJI said that the practice is against gender sensitivity and is possibly hazardous for health.

Justice D Y Chandrachud also opposed the practice and while hearing the case observed that "genital is central of identity. So this is against one's identity."

Meanwhile, Attorney General KK Venugopal said that the government supports the ban on female genital mutilation.

FGM or 'khatna' is a process which involves the removal of skin from the clitoral hood of women, at the age of seven or between the ages of six and 12. It is generally practiced in the Bohra community.

The resolutions passed in December 2012, by the United Nations General Assembly regarding the rights of the children banning Female Genital Mutilation (FGM) or Khatna or female circumcision, of which India is a signatory and has also ratified UN Convention on the Rights of the Child, UN Universal Declaration of Human Rights and issue appropriate guidelines to this effect.

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AU
 - 
Tuesday, 31 Jul 2018

dear SC

 

Hellooooo.....concentrate on other major issues rather than interfering family matters. 

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News Network
February 24,2020

New Delhi, Feb 24: India and the US are committed to defend their people from radical islamic terrorism, resolved to significantly expand defence ties and are working on a "fantastic" trade deal, said US President Donald Trump on Monday while asserting that his country "loves" and is "loyal" to India.

Addressing a huge crowd at 'Namaste Trump' event at the Motera stadium here, the US president, accompanied by his wife Melania and Prime Minister Narendra Modi, talked about India's great tradition of embracing individual freedom, rule of law, dignity of every human being and where people worship side-by-side in harmony.

On his maiden visit, Trump, who was welcomed by Modi on his arrival here, said his country will remain a "loyal" friend of India and called the Prime Minister an "exceptional leader" who works day and night for the country.

"India and the US are committed to fight terrorists and their ideology; that is why my government is working with Pakistan to crack down on terror groups," Trump said in the presence of his family -- daughter Ivanka, son-in-law Jared Kushner-- and top brass of his administration.

"The US will always be faithful and loyal friend of India. Thank you for the spectacular welcome," he added.

He also announced that the two countries will firm up defence deals worth USD 3 billion on Tuesday and that the US will become India's premier defence partner.

"India and US have natural and enduring friendship," Trump said to a cheering crowd.

"We are quickly revitalising our alliances all around world," he said.

Trump said both countries are working on a "fantastic trade" deal, and observed that Modi is a "tough negotiator".

The US president also heaped praises on Modi, saying the Prime Minister is a "living proof" of what an Indian can achieve with hard work as Trump referred to his humble background as a tea-seller, who had a landslide win in the 2019 Lok Sabha polls.

On his part, Modi welcomed Trump to "world's largest democracy" and said a "new history" was being created.

Modi also praised Trump's leadership in containing terrorism.

Trump said as the world's largest economy, India gives hope to all humanity and has become an economic giant.

"There is a difference between a nation that rises by coercion and one that rises by setting its people free -- that is India. India and the US have natural and enduring friendship," he said.

He also touched on India's cultural diversity and riches as he highlighted the success of its blockbuster movies like DDLJ (Dilwale Dulhania Le Jayenge) and Sholay, and its sporting icons like Sachin Tedulkar and Virat Kohli.

He highlighted the boom in the US economy under his presidency and added that India will soon be home to the biggest middle class as it will eliminate extreme poverty in in next 10 years.

On his part, Modi said ties between India and the US are no longer just another partnership but have touched far greater heights.

Welcoming Trump, he said a "new history" is being created.

Visit of President Trump to India with his family shows strong ties between India and the US, said Modi.

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Agencies
March 1,2020

Kolkata, Mar 1: The Calcutta High Court has ruled that it is not mandatory for foreigners to produce a valid passport and its particulars for processing of application for grant of Indian citizenship if he is able to satisfy the appropriate authorities the reasons for non-availability of the document.

Justice Sabysachi Bhattacharya passed the order while disposing off a petition by granting the petitioner liberty to file an application before the authority "as contemplated in Rule 11 of the Citizenship Rules 2009, upon furnishing explanation as to the non-availability of the passport".

Bismillah Khan had filed the petition saying he was being denied the citizenship of India because of his inability to file an application under Section 5 (1) (c) of the Citizenship Act, 1955, apparently due to the mandatory requirement of furnishing a copy of the passport for such application.

The petitioner's counsel submitted that Khan was a Pakhtoon citizen and due to political turmoil in the said state, which subsequently merged partially into Afghanistan and partially into Pakistan, he, as a five-year old, had to migrate to India with his father in 1973.

Under such circumstances, the petitioner could not have any opportunity of having a valid passport, since they were refugees under distress, the counsel said.

The petitioner had previously approached a coordinate Bench of the court, wherein a single judge, passed an order on July 25, 2018, directing him to comply with the formalities required, as communicated by the secretary to the Government of India to the Secretary to the Government of West Bengal (Home), vide a letter dated December 7, 2017.

The court had then also given liberty to the petitioner to apply afresh before the appropriate authority under Section 5(1)(c) of the 1955 Act, having complied with all the formalities.

The petitioner then moved Bhattacharya's court submitting that a complete application as directed by the Coordinate Bench cannot be possibly filed by his client due to the mandatory requirement of uploading a copy of his passport, which the petitioner does not have due to reasons beyond his control.

The counsel said Khan is married to an Indian citizen, has a daughter and living in India for close to half a century.

The counsel for the union of India submitted that in view of no application having been filed by the petitioner, there is no scope of granting such proposed application at the present juncture for the Union.

The counsel argued that it is mandatory to file an application in Form III for the application of the petitioner under Section 5(1)(c) of the Act to be considered at all.

In view of the petitioner not complying with the mandatory requirement of submitting a copy of his passport, the state government cannot, under the law, forward such application to the union government.

After hearing all sides, Justice Bhattacharya said although the rule "contemplates that an application shall not be entertained unless the application is made in Form III, such provision ipso facto does not make the availability of a passport a mandatory requirement".

"..the Form given with the Rules or the Rules themselves cannot override the provision of the statute itself, under which the said Rules are framed, which does not stipulate such a mandate on the applicants for citizenship under Section 5 (1)(c) of the 1955 Act mandatorily to carry a passport".

The court said although such provision is included in the Form, which has to be complied with by the applicant, "it is nowhere indicated in such Form that all the relevant particulars, including the particulars regarding passport of the petitioner have to be furnished mandatorily, along with a copy of a valid foreign passport, even in the event the petitioner, for valid reasons, is not in a position to produce such passport".

Justice Bhattacharya ruled that under such circumstances, it cannot be held that the provision of producing a passport and its particulars is mandatory in nature and there has to be a relaxation in such requirement "in case the petitioner is able to satisfy the appropriate authorities the reasons for non- availability of such passport".

"Unless such a leeway is given to the applicants, genuine persons who otherwise have all the formal documents indicating that they have been residing in India for a long time and have married a resident of India would also be unable to apply for Indian Citizenship despite having lived their entire lives and contributed to the economy and diverse culture of this country."

He said such a scenario would be contradictory to the spirit of Article 14 of the Constitution of India.

"In such view of the matter, the requirement of having a passport has to be read as optional in Form III of the Citizenship Rules, 2009 and the authorities are deemed to have the power to relax such 6 requirement in the event the applicant satisfied the authorities for genuine reasons why the applicant is not in a position to produce such passport," the February 24 order said.

The court ruled that despite the provision of making applications online, a provision has to be made for persons who do not have all the particulars of their passport, which is read as optional, to file applications manually, which are to be treated as valid applications under Rule 5 of the Citizenship Rules, 2009.

The court also ordered that alternatively the necessary software be amended so that the online applications can be presented with or without passports, in the latter case furnishing detailed reasons as to non-furnishing of passports.

"Sanctioning of such forms, however, will be conditional upon the satisfaction of the relevant authorities about the reasons for the applicant not being able to produce her/his passport," the order said.

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News Network
July 20,2020

New Delhi, Jul 20: India's COVID-19 case tally crossed the 11 lakh mark with the highest single-day spike of 40,425 new cases and 681 deaths reported in the last 24 hours, informed the Union Health and Family Welfare Ministry on Monday.

Total cases in the country now stand at 11,18,043 while the death toll is 27,497.
The Health Ministry said the total number of cases includes 3,90,459 active cases and 7,00,087 patients have been cured/discharged/migrated.

Maharashtra remains the worst affected state with 3,10,455 cases reported until Sunday.
Meanwhile, as per the information provided by the Indian Council of Medical Research (ICMR), 1,40,47,908 samples have been tested for COVID-19 till July 19, of these 2,56,039 samples were tested yesterday.

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