Married or not domestic violence act binding, says HC

July 17, 2013

Married

Kochi, Jul 17: In a significant ruling, Kerala High Court has held that a woman is entitled to get protection under the provisions of the Protection of Women from Domestic Violence Act even if she was in a live-in relationship.

'What was intended under Sect 2(a) of the Act was a relationship of the same nature as marriage and nothing more', Justice K Harilal said in his order yesterday while dismissing a petition filed by a man hailing from Cherthala in Alapuzha district against a complaint from his live-in partner seeking protection from domestic violence and compensation.

According to Justice Harilal, "The couple must have lived together akin to spouses.

That alone is sufficient. The legislature intent of the Act itself is to give protection to the women who were living with the husband in the nature of a marriage without a legal marriage."

The petitioner's contention was that the complainant was not a wife as per Sect 2(f) of the act and there was no domestic relationship them.

The Supreme Court has also specially stated they must have attained legal age of marriage and they must have lived together as spouses for a significant period of time, the court pointed out.

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Agencies
May 21,2020

Eminent river engineer and former professor of civil engineering at IIT in the Banaras Hindu University (BHU) Prof. U.K. Choudhary has said that the judicious use of river technology can help resolve the Coronavirus crisis as well as the plight of Ganga river.

Choudhary, who is also founder of Ganga Research Centre at IIT (BHU), said: "The Ganga water contains a significantly higher proportion of bacteriophages - a kind of virus that kill bacteria. Our ancient scriptures like Vedas, Puranas and Upanishads say that Ganga jal is medicinal water. Scientists later found that Ganga water has bacteriophages capable of killing pathogens."

Explaining further, he said, "Let us analyze the source of bacteriophages. If we take three rivers of Himalayan origin having sources at different heights -the Ganga (Gomukh), Yamuna (Yamunotri) and the Sone river, we find the colours of waters are different. The whitish colour of Ganga water, greenish colour of Yamuna water and the brownish colour of Sone water is also indicative. As Gomukh is the highest among the three, its water comes from lowest depth of aquifer as compared to Yamunotri and Sone river," he explained.

Thus, the quality of river water is proportional to height of origin point. This defines the genetic character of Ganga water. The balanced flow of this water in entire length of the Ganga defines the medicinal property of Ganga water," he stated.

Prof Chaudhary said that the bacteriophages in the Ganga can curb the spread of coronavirus through soil, water and air.
He suggested that the idea is to preserve the medicinal value of Ganga water and to use it to fight Corona. He said that this can be done by opening the gates of all the dams and barrages in a way that the discharge through each is similar to the water at Gomukh. In this way, the concentration of bacteriophage will be enhanced in Ganga water making it more effective against pathogens.

"With increasing diffusion of bacteriophages in water and soil, the spread of Coronavirus will be impacted and reduced. This methodology and technique can also help maintain the quality of Ganga water later when the problem of Corona ends," he said.

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News Network
May 30,2020

May 30: A Delhi court on Saturday granted interim bail for 10 days to former municipal councillor from the Congress Ishrat Jahan, who has been booked under the stringent Unlawful Activities (Prevention) Act, to get married.

She has been booked under the anti-terror law in a case related to communal violence in northeast Delhi in February.

Additional Sessions Judge Dharmender Rana granted the interim relief from June 10 to June 19 to Jahan on furnishing two sureties of Rs 1 lakh.

The court directed her not to tamper with any evidence or influence the witnesses in the case.

According to the interim bail plea, filed through advocates S K Sharma and Lalit Valeecha, Jahan's marriage was fixed in 2018 for June 12, 2020.

The plea further said that Jahan would not tamper with any evidence or influence the witnesses if granted bail.

The petition, also filed through advocates Tushar Anand and Manu Prabhakar, claimed that Jahan has been falsely implicated in the case.

It alleged that upon bare perusal of the contents of the FIR, no incident of violence can be attributed to her and the wild and baseless allegations made against her were not only irresponsible and false, but also caused serious harm to her reputation.

Jahan, who is also an advocate, was only a supporter of ongoing peaceful protests and it was one of the fundamental rights of the citizens to protest and register their dissent against any unreasonable measure of the government, the plea said.

Besides Jahan, Jamia Millia Islamia University students Asif Iqbal Tanha, Gulfisha Khatoon, Jamia Coordination Committee members Safoora Zargar, Meeran Haider, president of Jamia Alumni Association Shifa-Ur-Rehman, suspended AAP councillor Tahir Hussain, activist Khalid Safi, JNU student Natasha Narwal and former student leader Umar Khalid have also been booked under the anti-terror law in the case.

The police had claimed in the FIR that Khalid and his associates had instigated people to start riots in the area and it was a "premeditated conspiracy".

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 200 injured.

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News Network
May 18,2020

The Centre on Sunday extended the COVID-19 lockdown for two more weeks till May 31 with more exemptions as the Centre allowed states more powers for profiling its zones, re-starting of inter-state and intra-state bus travel, plying of autos and taxis and opening of all shops, including in markets but barring those in malls.

Here are the answers to all your questions:

What is 'Lockdown 4.0'?

On March 24, 2020, Prime Minister Narendra Modi announced a 21-day nation-wide lockdown to prevent the spread of the coronavirus outbreak. India follows several countries in its measures to curb the pandemic, which was the first lockdown. Prime Minister then extended the coronavirus lockdown till May 3, which was dubbed as 'Lockdown 2.0'. This lockdown was further prolonged till May 17 which became 'Lockdown 3.0' and now, as the government aims at a staggered re-opening of the country while maintaining the norms such as social distancing, the fourth extension till May 31 is called 'Lockdown 4.0'.

Who issues the guidelines for the lockdown?

The Ministry of Home Affairs (MHA) issues the guidelines for the lockdown.

Are guidelines different during a lockdown compared to normal life?

Well, of course. Guidelines during a lockdown instruct people on all matters from whether you are allowed to leave your house, to whether an MNC is allowed to function and with what percentage of attendance.

Are masks compulsory even now?

Masks are made mandatory in all public places, by the Union Health Ministry. All the states and UTs are to strictly abide by this law. Not wearing masks will attract penalties which are specified by the state.

How would that be determined for an area?

By Lockdown 3.0, all areas of state districts were segregated into containment, red, orange and green zones. In the Lockdown 4.0, states will categorise the areas into red, orange and green zones.

Colourful... but what are red, orange and green zones?

According to the guidelines issued by the Ministry of Health and Family Welfare, states can categorise districts or municipal corporations as red or orange zones.

"States may, however, also choose to categorise a sub-division or ward or any other appropriate administrative unit as red/orange/green zone after detailed analysis at their end, duly taking into consideration the geographical spread of cases, contacts and their zone of influence in terms of disease spread," the ministry said.

With the commencement of the third phase of lockdown, the Union Health Ministry listed 130 districts across the country in the red zone, 284 in the orange zone and 319 in green zones based on the incidence of cases of COVID-19, doubling rate, the extent of testing and surveillance feedback.

Districts were earlier designated as hotspots/red-zones, orange zones and green zones primarily based on the cumulative cases reported and the doubling rate.

A district will be considered under green zone if there have been no confirmed cases of COVID-19 so far or there is no reported case since last 21 days in the district, according to the letter.

Now, what is a buffer zone?

A buffer zone is an area of spread in a 5-kilometre radius (7 Kms in rural areas) of a containment zone.

How do I find out the zone I am in?

You either look at your state or city's municipal corporation pages to avail the zone details. You can also look at your district magistrate's Twitter handle or Facebook account to find out the list of the zone under which your area falls.

Can I leave my home now?

That depends. If you are in a containment zone or a red zone, you may not be allowed to leave your residence. Otherwise, in the other zones, the state governments and the district magistrates will decide upon the level of movement within and outside the zones.

Can I shift from a red zone to an orange or green zone?

You cannot. The residents of a red or containment zone cannot move out of their zones, nobody may enter the zones as well.

What about my office?

The private offices can operate in non-containment zones. The guidelines for offices to work will be listed by the state governments and the DMs (district magistrates).

Will I be allowed to use my bike/car or any other personal vehicle?

There is a likely chance of you being allowed to take out your bike or car or other vehicles (not helicopters or aeroplanes), if you are not in a containment zone. You need to check the rules listed by your state government or DM. The number of people who can ride at one time will also be decided by the state.

Can my driver, house help or neighbour drive me to my office/destination? Will I be allowed to take them to my workplace?

Yes, provided they are not from a red zone which may be risky for the passenger. This facility is prohibited in a containment zone. Also, check with your workplace regarding the norms to follow within the office. For the details on travelling with others in the car, look into the info provided by your state government, DM and Resident Welfare Association (RWA).

Will be able to fill petrol or diesel for my vehicle?

Definitely, yes. All petrol pumps, LPG and oil agencies will continue to be open.

What if I need to take a cab, auto or book one via Ola/Uber?

The same rules apply to them as well. Unless you are in a containment zone, the restrictions for using cabs and autos will be eased.

What if I need to use public transport like buses?

Some states have allowed buses to run, such as in Tamil Nadu in certain areas. You will have to check with the state government or DM's regulations enlisted for knowing the routes and norms to follow inside a bus.

Can I use my city's Metro line?

Unfortunately, metro lines are not allowed to open and will remain closed until further notification from the Centre.

Can I walk around in my area?

Walking will be permitted under the guidelines issued by the state and DM. Walking in groups will be prohibited and social distancing norms are to be followed in public at all times. Movement is allowed between 7 am to 7 pm in any zone - containment, red, orange or green.

Can I take my grandparents/kids out for a walk?

People older than 65 years of age, or younger than 10, persons with co-morbidities, pregnant women are not allowed to venture out of their residences, as they are highly susceptible to the infection.

Can I go out with my friends?

A group of less than 5 people are allowed to walk together. If you are planning to use vehicles such as bikes, every induvial must have their own as more than one person on atwo-wheeler is not allowed in certain areas. Curfew timings are from 7 am to 7 pm as movent is prohibited beyond these timings. Check the regulations issued by your local DM or state government to know further details.

What if I need to see my friends, relatives or others?

The Resident Welfare Association (RWA) will make a decision about allowing visitors inside a zone, barring containment zones. Nobody is allowed within the containment zone or permitted to leave.

Can we now go to restaurants?

Restaurants are still closed irrespective of the zone. Take-away or delivery services will be available, nevertheless.

Can we go to malls?

Malls and restaurants and shops in the malls will remain closed irrespective of the zone, as these are crowd-pulling zones.

Does that mean multiplexes, theatres and drama/concert halls are closed as well?

Cinema halls, theatres, multiplexes and drama/concert halls will remain closed regardless of which zone they are in, till further instructions are sent by the Centre.

Can I go to the beach or a monument/heritage site?

Since such public places will attract a huge crowd that will be tough to control, beaches, monuments, heritage sites and such public places will be closed.

Can I go to coffee shops?

As coffee shops will fall under the category of restaurants, they will also be closed. Take-away and delivery services can be availed from the shops.

What about essentials?

Grocery shops, milk vendors, newspaper circulation are allowed to stay open. Proper sanitisation must be done from time-to-time to ensure customer and vendors’ safety.

I need to repair my phone. Will stand-alone non-essential services be open?

Such non-essential services are allowed to open in non-containment zones. Refer the state governments and DMs rules for knowing the type of shops and state and districts they are permitted in.

What about in-house repairs or services? Can I call a mechanic to my house?

Yes, provided your RWA has permitted to allow mechanics, workmen and labourers inside in non-containment zones.

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