Centre to lower bar for consensual sex to 16 years

[email protected] (News Network)
March 12, 2013
New Delhi, Mar 12: The Union Cabinet is set to clear a bill seeking to replace the post-Nirbhaya case ordinance dealing with crime against women which will reduce the age for consensual sex to 16 and reinstate "rape" as an offence specifically committed against women.

The government has resolved differences on the two contentious aspects of the Criminal Law (Amendment) Bill, 2013, bowing to the demands of women's groups who protested against the ordinance's provisions making "sexual assault" a gender neutral crime.

Now, the perpetrator in a crime of rape will be male while the victim female according to the law to be considered by the Cabinet on Tuesday.

Settling divergent views on the age of consent was a more difficult task as the women and child development ministry pointed out that a recent law to protect kids deems anyone below 18 as a minor.

Official sources said there would be no contradiction between the two laws as Supreme Court has said in cases of alleged elopement where the girl has acted in accordance to her free will, the age of consent to be considered is 16.

While the issue is likely to be debated by the Cabinet, the ministry of home affairs has taken the view that criminalizing sex in the 16 to 18 age group is not warranted as it fails to take into account changing sexual mores.

With sexual contact between teens of this age increasingly common in both urban and rural areas and across social strata, it was felt a tough law could be misused to settle scores or allow conservative opinion to harass youngsters.

The law to protect children against sexual abuse deals with incidents where no consent has been obtained and the criminal law amendment bill will not allow offenders a legal loophole, sources said.

The bill could also make rape by those in authority punishable by life sentence extending to the abuser's "natural life". Another likely change is making it mandatory for government and private hospitals to provide free medical assistance to victims of sexual crimes.

Home minister Sushilkumar Shinde on Monday said there were differences on "legal points" which were being addressed to and will be settled by Cabinet.

Asked about the fate of the proposed bill, Shinde said the law ministry had to vet all proposals before the government takes the next step.

Once approved by the Cabinet, the Criminal Law (Amendment) Bill will be introduced in Parliament later this week and would be passed before March 22 when both the Houses adjourn for a month-long recess as is necessary if the ordinance is not to lapse.

The bill will replace the ordinance on criminal law which was promulgated on February 3 in the wake of public outrage over the December 16 gang rape incident.

The Justice J S Verma committee, who's report forms the basis of the ordinance, had supported lowering the age of consent to 16.consensual

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May 20,2020

May 20: Prime Minister K P Sharma Oli on Tuesday asserted that Lipulekh, Kalapani and Limpiyadhura belong to Nepal and vowed to "reclaim" them from India through political and diplomatic efforts, as his Cabinet endorsed a new political map showing the three areas as Nepalese territory.

Addressing Parliament, Oli said the territories belong to Nepal “but India has made it a disputed area by keeping its Army there”. “Nepalis were blocked from going there after India stationed its Army,” he said.

“India has deployed its troops in Kalapani since 1962 and our rulers in the past hesitated to raise the issue,” he said, asserting, “We will reclaim and get them back.”

The prime minister asserted that the Nepal government will make political and diplomatic efforts to reclaim the territory.

Oli also expressed the hope that India will “follow the path of truth, shown by Satya Meva Jayate, which is mentioned in the Ashoka Chakra, the national symbol of India”.

The prime minister’s remarks came a day after the Cabinet headed by him endorsed a new political map showing Lipulekh, Kalapani and Limpiyadhura under Nepal’s territory.

Foreign Minister Pradeep Kumar Gyawali said the official map of Nepal will soon be made public by the Ministry of Land Management. The move announced by Gyawali came weeks after he said that efforts were on to resolve the border issue with India through diplomatic initiatives.

Nepal''s ruling Nepal Communist Party lawmakers have also tabled a special resolution in Parliament demanding return of Kalapani, Limpiyadhura and Lipulekh to Nepal.

The Lipulekh pass is a far western point near Kalapani, a disputed border area between Nepal and India. Both India and Nepal claim Kalapani as an integral part of their territory - India as part of Uttarakhand’s Pithoragarh district and Nepal as part of Dharchula district.

Gyawali last week summoned the Indian Ambassador Vinay Mohan Kwatra and handed over a diplomatic note to him to protest against the construction of a key road connecting the Lipulekh pass with Dharchula in Uttarakhand.

India has said that the recently-inaugurated road section in Pithoragarh district in Uttarakhand lies completely within its territory. Indian Army chief Gen MM Naravane last week said that there were reasons to believe that Nepal objected to India''s newly-inaugurated road linking Lipulekh Pass with Dharchula in Uttarakhand at the behest of "someone else", in an apparent reference to a possible role by China on the matter.

He said there was no dispute whatsoever between India and Nepal in the area and road laid was very much within the Indian side.

The 80-KM-long strategically crucial road at a height of 17,000 KM along the border with China in Uttarakhand was thrown open by Defence Minister Rajnath Singh earlier this month.

Nepal has raised objection to the inauguration of the road, saying the "unilateral act" was against the understanding reached between the two countries on resolving the border issues. China on Tuesday said the Kalapani border issue is between India and Nepal as it hoped that the two neighbours could refrain from "unilateral actions" and properly resolve their disputes through friendly consultations.

After the endorsement of Nepal’s new map senior ruling party leader and member of Nepal Communist Party Standing Committee Ganesh Shah said the new move may escalate unnecessary tension between Nepal and India at a time when the country is fighting the coronavirus.

"The Nepal government should soon start a dialogue with India to resolve the matter through political and diplomatic moves," he said.

The new map includes 335-km land area including Limpiyadhura in the Nepalese territory.

The new map was drawn on the basis of the Sugauli Treaty of 1816 signed between Nepal and then the British India government and other relevant documents, which suggests Limpiyadhura, from where the Kali river originated, is Nepal''s border with India, The Kathmandu Post quoted an official at the Ministry of Land Reform and Management as saying.

India and Nepal are at a row after the Indian side issued a new political map incorporating Kalapani and Lipulekh on its side of the border in October last year.

The tension further escalated after India inaugurated the road link connecting Kailash Mansarovar, a holy pilgrimage site situated at Tibet, China, that passes through the territory belonging to Nepal.

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April 25,2020

New Delhi, Apr 25: Neighbourhood and standalone shops, including those selling garments, mobile phones, hardware and stationery items have been allowed to open but those located in market places, malls and COVID-19 hotspots and containment zones, will continue to remain shut till May 3.

In rural areas, all shops, except those in single and multi-brand shopping malls, are allowed to open.

However, a Home Ministry official said the final decision of whether to allow the additional shops to open or not will be taken by the state governments and Union Territory administrations depending on their respective COVID-19 situation.
 
While allowing opening of more shops, a move seen as a relief to people who have been under lockdown since March 24, the government order issued on Friday night said the shops will be functioning with 50 per cent of workforce and after adhering strictly to precautions which include social distancing and wearing of masks.

The Union Home Ministry also said malls, liquor and cigarette shops, sale of non-essential items through e-commerce platforms continue to remain shut.

Restaurants, hair salons and barber shops will not be allowed to open as these render services and do not fall under the shop category.

Amending its April 15 order, Union Home Secretary Ajay Bhalla said in the Friday night order that "all shops, including neighbourhood shops and standalone shops, shops in residential complexes, within the limits of municipal corporations and municipalities, registered under the the Shops and Establishment Act of the respective State and UT" will be allowed to open during the lockdown.

The ministry also said shops located in registered markets located outside the municipal corporations and municipalities can open after following the drill of social distancing and wearing of masks but with 50 per cent of strength.

However, single and multi-brands shall continue to remain closed in these areas also.

"All shops registered under the the Shops and Establishment Act of the respective State/UT, including shops in residential complexes and market complexes, except shops in multi-brand and single brand malls, outside the limits of municipal corporations and municipalities, with 50 per cent strength of workers with wearing of masks and social distancing being mandatory" will be allowed to function, the order said.

In a statement on Saturday, the Home Ministry said the order implies that in rural areas, all shops, except those in shopping malls are allowed to open.

In urban areas, all standalone shops, neighbourhood shops and shops in residential complexes are allowed to open.

Shops in markets and market complexes and shopping malls are not allowed to open.

"It is clarified that sale by e-commerce companies will continue to be permitted for essential goods only," the order said and also added that sale of liquor and other items continues to be prohibited as specified in the national directives for COVID-19 management.

The ministry said that liquor shops were given licence under the Excise Act of the states and the establishments thrown open from Saturday were covered under the Shops and Establishment Act of the states.

Sale of cigarettes, gutka are continue to be prohibited during the lockdown.

"As specified in the consolidated revised guidelines, these shops will not be permitted to open in areas, whether rural or urban, which are declared as containment zones by respective States and Union Territories," the statement said.

The lockdown was first announced by Prime Minister Narendra Modi on March 24 in a bid to combat the coronavirus pandemic. It was further extended till May 3.

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News Network
June 30,2020

Mumbai, Jun 30: Senior Congress leader and former Union minister Prithviraj Chavan on Tuesday demanded a ban on NaMo app alleging that it was violating privacy of Indians.

The former Maharashtra chief minister also alleged that the NaMo app, the official mobile phone application of Prime Minister Narendra Modi, surreptitiously changes the privacy settings and sends data to third party companies in the US.

"Its good that Modi government is protecting privacy of 130 crore Indians by banning 59 Chinese apps. The NaMo app also violates privacy of Indians by accessing 22 data points, surreptitiously changing the privacy settings and sending data to third party companies in the US," Chavan tweeted.

India on Monday banned 59 apps with Chinese links, including hugely popular TikTok and UC Browser, saying they were prejudicial to sovereignty, integrity and security of the country.

The move came against the backdrop of the border stand-off with China and recent clash in Galwan Valley in which 20 Indian soldiers were killed.

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