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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News Network
June 11,2020

Washington, Jun 11: Observing that historically India has been a tolerant, respectful country for all religions, a top Trump administration official has said the US is "very concerned" about what is happening in India over religious freedom.

The comments by Samuel Brownback, Ambassador-At-Large for International Religious Freedom, came hours after the release of the "2019 International Religious Freedom Report" on Wednesday.

Mandated by the US Congress, the report documenting major instances of violation of religious freedom across the world was released by Secretary of State Mike Pompeo at the State Department.

India has previously rejected the US religious freedom report, saying it sees no locus standi for a foreign government to pronounce on the state of its citizens' constitutionally protected rights.

"We do remain very concerned about what's taking place in India. It's historically just been a very tolerant, respectful country of religions, of all religions," Mr Brownback said during a phone call with foreign journalists on Wednesday.

The trend lines have been troubling in India because it is such a religious subcontinent and seeing a lot more communal violence, Mr Brownback said. "We're seeing a lot more difficulty. I think really they need to have a - I would hope they would have an - interfaith dialogue starting to get developed at a very high level in India, and then also deal with the specific issues that we identified as well," he said.

"It really needs a lot more effort on this topic in India, and my concern is, too, that if those efforts are not put forward, you're going to see a growth in violence and increased difficulty within the society writ large," said the top American diplomat.

Responding to a question, Mr Brownback said he hoped minority faiths are not blamed for the COVID-19 spread and that they would have access to healthcare amid the crisis.

Prime Minister Narendra Modi has criticised any form of discrimination, saying the COVID-19 pandemic affects everyone equally. "COVID-19 does not see race, religion, colour, caste, creed, language or border before striking. Our response and conduct thereafter should attach primacy to unity and brotherhood," PM Modi said in a post on LinkedIn in February.

The government, while previously rejecting the US religious freedom report, had said: "India is proud of its secular credentials, its status as the largest democracy and a pluralistic society with a longstanding commitment to tolerance and inclusion".

"The Indian Constitution guarantees fundamental rights to all its citizens, including its minority communities… We see no locus standi for a foreign entity/government to pronounce on the state of our citizens' constitutionally protected rights," the Foreign Ministry said in June last year.

According to the Home Ministry, 7,484 incidents of communal violence took place between 2008 and 2017, in which more than 1,100 people were killed.

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Agencies
February 23,2020

Rajghat, Feb 23: The maternal uncle of Dr Kafeel Khan, who was recently arrested for allegedly making inflammatory statements during anti-CAA protests, was shot dead in front of his house at Bankatichak in Rajghat area, police said on Sunday.

Dr Nusratullah Warsi aka Dada (55), a property dealer, was shot dead on Saturday night at about 10:45 pm and an FIR against two people was filed in this connection on a written complaint of his family members.

According to police, it appears to be a case of murder due to monetary and property dispute and they are searching for both the accused.

Dr Kafeel Khan, suspended doctor of Gorakhpur BRD Medical College, was last month arrested under charges of giving a provocative speech during a protest against the CAA and NRC at Aligarh Muslim University and was later charged with the National Security Act.

Warsi on Saturday evening had gone to his lawyer Siraj Tariq's house, a few metres away from his own house, and was returning home on foot when a man shot him in his head, killing him on the spot.

"On the written complaint of family members, case of murder against one Imammuddin and Anil Sonkar has been registered and police has initiated probe and is searching for both the accused. Police met the women in their house and is interrogating them," Circle Officer VP Singh said.

Prima facie it appears to be a case of property and money dispute, he said, adding, three teams have been constituted to investigate the case and soon the accused will be caught.

Dr Kafeel Khan had last month raised apprehension in a Mumbai court about being killed in an "encounter" by the Uttar Pradesh police after claiming that he had been "falsely" implicated in the case by them.

The paediatrician had come to the limelight in 2017 when a controversy broke out after the death of over 60 children in less than a week at the BRD Medical College in Gorakhpur in Uttar Pradesh, where he was posted.

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News Network
June 11,2020

The Indian National Congress is considering to move court seeking action against operation lotus,  after an audio clip in which Madhya Pradesh chief minister Shivraj Singh Chouhan can be heard saying that the Central leadership of Bharatiya Janata Party wanted the Kamal Nath government to fall went viral.

Mr Chouhan is also heard saying in the purported 9.28-minute long audio clip that it was not possible to pull down the Kamal Nath government without the help of Jyotiraditya Scindia and his loyalist, former Congress MLA Tulsi Silawat.

The Congress, which has all along maintained that the BJP had hatched a conspiracy to pull down the 15-month-old Kamal Nath government to “capture” power in MP, threatened legal action.

“I have been maintaining from the very beginning that there was a conspiracy to pull down my duly elected government… The audio has established that the BJP’s Central leadership had conspired to pull down my government even though it enjoyed majority,” former chief minister and Congress veteran Kamal Nath said.

Working president of MP Pradesh Congress Committee (PCC) Jitu Patwari said his party may move court against the BJP for having plotted to dislodge an elected government following the expose in the purported audio.

Mr Chouhan was reportedly addressing BJP workers of Sanware Assembly constituency in Indore on Monday when he allegedly said in Hindi, “The Central leadership (of BJP) decided that the (Kamal Nath) government should fall. They (the Kamal Nath government) will ruin and destroy … Tell me, was it possible to dislodge the government without Jyotiraditya Scindia and Tulsi Bhai? There was no other way.”  

The “Tulsi Bhai” referred to in the clip is former health minister who joined the BJP along with Mr Scindia.

“In the coming bypoll if Tulsi Silawat doesn’t become MLA again, will I be able to remain CM, will the BJP government survive?” he allegedly said, exhorting BJP workers to overcome their differences and work for Mr Silawat’s victory in the upcoming by-elections in the Sanwer Assembly seat.

Twenty-two Congress MLAs, loyal to Mr Scindia, had resigned from the Assembly leading to the fall of the Kamal Nath government on March 20, paving the way for Mr Chouhan to return as chief minister for the fourth time.

All the 22 ex-Congress MLAs later joined the BJP with Mr Scindia. Two of them, Mr Silawat and Govind Singh Rajput, have been inducted into the Shivraj Singh Chouhan Cabinet.

The BJP has vehemently denied any role in the collapse of the Kamal Nath government. Neither the saffron party’s Central leadership nor Mr Chouhan have reacted to the audio clip yet

But the party’s state spokesperson Rajneesh Agrawal dismissed the charge that it had a hand in the fall of the Kamal Nath government.

“Infighting in Congress had led to the fall of the Kamal Nath government,” he said.

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