No gallows for Italian marines as MHA decides to dilute charges against them

February 7, 2014

New Delhi, Feb 7: In an U-turn in Kerala fishermen killing case, the Union Home Ministry today asked NIA to dilute the charges against the two accused Italian marines from murder to violence, thus sparing them from the possibility of getting death penalty.italian_marines

Revising its earlier decision, the Home Ministry gave sanction to National Investigation Agency (NIA) to prosecute the Italian marines under the new provision of the Suppression of Unlawful Acts against safety of Maritime Navigation And Fixed Platforms on Continental Shelf Act (SUA).

The provision [3.1.(a)] says whoever unlawfully and intentionally commits an act of violence against a person on board a fixed platform or a ship which is likely to endanger the safety of the fixed platform or, as the case may be, safe navigation of the ship shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to fine.

Earlier, the Home Ministry had sanctioned this case under Section 3 (G) (i) of SUA which says anyone causing death to any person shall be punished with death.

The decision, sources said, will be conveyed to the Supreme Court on Monday as promised by the government.

The decision is expected to be a huge relief to Italian goverment which has been strongly opposing the decision of slapping the stringet provision which invites death of the accused if proved guilty.

NIA has sought sanction to prosecute the two marines -- Massimiliano Latorre and Salvatore Girone -- under SUA.

The Marines, who were on-board Italian vessel 'Enrica Lexie' and are now lodged in New Delhi's Italian Embassy premises, allegedly shot dead the two fishermen on February 15, 2012 off Kerala coast.

NIA had completed its probe after questioning witnesses, including four Italian marines, through video conferencing after their refusal to come to India.

The Supreme Court had shifted the case to Delhi, saying Kerala Police have no jurisdiction over it and backed the government's decision to hand over the case to NIA.

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News Network
January 10,2020

New Delhi, Jan 10: One woman reported a rape every 15 minutes on average in India in 2018, according to government data released on Thursday, underlining its dismal reputation as one of the worst places in the world to be female.

The highly publicised gang rape and murder of a woman in a bus in New Delhi in 2012 brought tens of thousands onto the streets across India and spurred demands for action from film stars and politicians, leading to harsher punishments and new fast-track courts. But the violence has continued unabated.

Women reported almost 34,000 rapes in 2018, barely changed from the year before. Just over 85% led to charges, and 27% to convictions, according to the annual crime report released by the Ministry of Home Affairs.

Women's rights groups say crimes against women are often taken less seriously, and investigated by police lacking insensitivity.

"The country is still run by men, one (female prime minister) Indira Gandhi is not going to change things. Most judges are still men," said Lalitha Kumaramangalam, former chief of the National Commission for Women.

"There are very few forensic labs in the country, and fast-track courts have very few judges," said Kumaramangalam, a member of Prime Minister Narendra Modi's Bharatiya Janata Party (BJP).

The rape of a teenager in 2017 by former BJP state legislator Kuldeep Singh Sengar gained national attention when the accuser tried to kill herself the following year, accusing the police of inaction.

Five months before Sengar was convicted last December, the accuser's family had to be provided with security after a truck crashed into the car she was in, injuring her and killing two of her relatives.

A 2015 study by the Centre for Law & Policy Research in Bengaluru found that fast-track courts were indeed quicker, but did not handle a high volume of cases.

And a study in 2016 by Partners for Law in Development in New Delhi found that they still took an average of 8.5 months per case - more than four times the recommended period.

The government statistics understate the number of rapes as it is still considered a taboo to report rape in some parts of India and because rapes that end in the murder are counted purely as murders.

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Agencies
July 23,2020

Jerusalem, Jul 23: Merging Israel's technological expertise with India's mass production capabilities, experts from the two countries have joined hands to develop rapid testing for Covid-19 in under 30 seconds.

Israel will soon send a high-level research delegation to India to conduct a series of "final stages of testing" as part of the joint effort to develop the rapid testing kits for Covid-19 .

A high ranking team from the Directorate of Defence Research and Development (DDR&D), in the Ministry of Defense, which has been working with India's DRDO to develop rapid testing for Covid-19 in under 30 seconds, is to leave from Tel Aviv to New Delhi on a special flight in a few days, Israel's Ministry of Defence said in a statement on Thursday.

Israel's Ministry of Foreign Affairs (MFA) and Ministry of Health are also involved in this unprecedented cooperation between the two countries which aims at "merging Israeli technology with Indian development and production capabilities to allow a swift resumption of normal life alongside the virus".

The DDR&D team will conduct a series of "final stages of testing" to determine the effectiveness of a number of rapid diagnostic solutions with their Indian counterparts.

Since the start of the pandemic, the DDR&D has tested dozens of diagnostic technologies. Some of them have matured and passed initial trials in Israel, however in order to complete testing and prove their effectiveness, these must be tested on a wide range of patients, IMoD said.

The four tech systems that will be tested are - voice test, breathalyzer test based on terra-hertz waves, isothermal test, and polyamino acids test.

"What they all have in common is the ability to detect the presence of the virus in the body quickly- usually within minutes. Developing diagnostic capabilities is a goal for the State of Israel and of many additional countries around the world. It is the most effective way to cut off 'chains of infection', prevent prolonged quarantine and enable the reopening of the global economy," the statement said.

"We hope that the research and development led by the DDR&D together with our excellent industries and academic institutions, will lead to a breakthrough that will change the way we diagnose and fight the virus, while giving the boost necessary to 'restart' our economy," Defense Minister Benny Gantz said.

Foreign Minister Gabi Ashkenazi noted that this cooperation provides a unique opportunity for scientific and technological cooperation that can assist Israel, India and the world in coping both with the pandemic and with the economic crisis that came with it.

The cooperation between Israel and India will enable the delegation and its Indian counterparts, to collect tens of thousands of samples in just ten days, and analyze them using computer systems based on artificial intelligence. This massive sampling will shorten processes and advance the approval of effective technology. All tests will be validated using PCR tests.

"The cooperation between India and Israel on Covid-19 is a good example of harnessing the scientific and technological strengths that the two countries have for larger, common good. It will also further deepen our strategic ties,” India's Ambassador Sanjeev Singla told PTI.

The flight will be carrying some breakthrough emerging Israeli technologies for combatting Covid-19, which have been donated by the Israeli foreign ministry and the private sector, in order to bolster India’s response to the virus outbreak.

The plane will also deliver mechanical ventilators which were given special permission by Israel for export to India.

Prime Minister Narendra Modi and his Israeli counterpart Benjamin Netanyahu have held three telephonic conversations since the outbreak of the pandemic and promised mutual assistance in dealing with the virus, committing to joint technological and scientific research between the countries.

The Israeli media widely reported that Modi lifted a ban on the export of Hydroxychloroquine at Netanyahu's request.

"The past few years have cemented the strategic relations between India and Israel and have included two historical visits of the Prime Ministers in Israel and in India," a press statement from the ministry of defence said.

"India seeks to integrate advanced technologies in its hospitals as they prepare to treat massive waves of Covid-19 patients on an Indian scale. The Israeli companies chosen by the MFA, MOD and Israel Defence Forces to be sent to India are potentially given unique access to one of the largest economies in the world to provide monitoring and treatment technologies while significantly reducing contact between the patients and the medical staff," it said.

"By opening the door to India’s market with its development and production capabilities, these Israeli technologies can be mass produced at a lower cost and could in future be jointly exported to third countries," it said.

"The COVID-19 pandemic is a global challenge, so it is only right that the solution be a global scientific cooperation between countries. India and Israel’s military R&D cooperation is well known for its success. I have no doubt the same will be seen in the private sector joined by brilliant scientific minds from both countries to introduce a breakthrough in swift and simple testing procedures,” said Prof. Nati Keller, an infectious diseases specialist from Sheba Medical Center, who is leading the medical side of the delegation.

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News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

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