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Delhi HC Justice Rohini dismisses allegations of favouritism in Judicial recruitment 2015

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photo credit: www.livemint.com

By NewsGram Staff Writer

In a letter to law minister Sadananda Gowda, Justice Rohini put an end to the accusations surrounding the recruitment of judges’ children in the Delhi subordinate judiciary examination in May, Delhi High Court Chief Justice G Rohini has justified the selections and said the entire process was transparent and as per norms.

 

photo credit: www.livelaw.in
photo credit: www.livelaw.in

Justice Rohini said two of the 15 qualified candidates in the Delhi judicial service exam were children of two sitting judges of the HC but “they have qualified on their own and the allegations of favouritism and nepotism are unfounded and unwarranted”.

Considering the matter to be closed for any further investigation, the chief justice wrote that there was no ground for cancelling the selection process. “There is also no rule for revaluation of answer-sheets,” she said. The matter is under the scrutiny of the Supreme Court which had earlier sought response from the Delhi HC based on a PIL.

The Delhi HC HAD found that only 15 candidates got the required grades to be invited for an interview. All 15 were selected, including two children of two sitting judges of the HC.

Immediately after the results were announced, complaints were filed with the law ministry with some alleging that deserving candidates were overlooked despite the fact that many of them had topped the judicial services exams of 11 states and at least 64 of them were serving as judicial officers in different states.

Law minister Gowda forwarded these complaints to the chief justice of Delhi HC on June 18 with a letter requesting a probe into allegations of favouritism where kin of two sitting Delhi HC judges were among 15 successful candidates. He also brought to the notice of the CJ the allegation that judges were part of the examination process.

Justice Rohini, in her response, said, “It may at the outset be stated that the allegations of corruption, favouritism and nepotism made in the grievances that were received by your office and enclosed to your letter dated 18th June are absolutely unfounded and baseless.”

She said the “allegation that the answer-sheets were evaluated by sitting judges whose sons/daughters/relatives took the exam is factually incorrect. The evaluation of answer scripts was not done by any of the sitting judges of this court”.

Justice Rohini pointed out that “children of several other judges, both of this court and subordinate courts, as well as the children of retired judicial officers were among the 659 candidates who appeared for the main exam, but except for the above two candidates, none qualified”.

Talking about the transparency maintained in the evaluation process, Justice Rohini said the HC had permitted all those candidates who had applied under RTI Act to inspect their answer-sheets while ruling out any revaluation. She said the Delhi HC had already notified the next judicial service examination and the schedule for the recruitment process had been fixed.

(With inputs from TOI)

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Exclusive Interview: You’re never out of work, you’re constantly working ‘, says Actress Ragini Khanna

Ragini Khanna's Exclusive interview. The actress will be seen in upcoming movie Ghoomketu with Nawazuddin Siddique.

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Actress Ragini Khanna
Actress Ragini Khanna. Bubble Communications
  • Actress Ragini Khanna who got fame from TV Show ‘Sasural Genda Phool’, speaks about her experience working with Actor Nazwazzudin Siddiqui
  • Being from the family of superstar Govinda, Ragini Khanna shares her thoughts on nepotism in the industry.

‘Yes, it exists for some for many. Eventually your talent and your hard work matters’, Ragini Khanna opines about nepotism.

Q1. Why have you been away from the industry for such a long time?
I’ve honestly not been away for a very long time, I’ve been around. I was just searching for the right script and the right project to come back with. I lost health post doing a lot of television. My priority was to keep my health in checkup work which was allowed by myself. Now I’m absolutely willing to take up work because now I’m in my perfect shape and body.
Q2. Do you think going out of work is common in the industry nowadays?
You’re never out of work, you’re constantly working. It’s just about the how much visible you’re in front of the audience. In fact, I feel being too much into the audiences life is also a bit of an overdose, nowadays, everything needs to be your space. Actors are in everybody’s space. I generally believe in having a certain amount of exclusivity. As a person, I want to breathe an actor in my constant life. I don’t want an actor to be on my social media, my Facebook etc. Agreed an actor needs to be everywhere but when he has the right film or the right TV show. I could be incorrect for many people who think actors should be constantly seen, but for me, it’s more important to be rightly seen. It’s always quality over quantity.
Q3. Being from the family of Superstar Govinda, what are your views n Nepotism in the industry?
Yes, it exists for some for many. Eventually your talent and your hard work matters. Skills, crafts and your passion. For me it’s not about getting launched or making a first impression, it’s about longevity and sustaining and if ur not here for long enough then ur not good enough.
Q4. Being an actor which medium is more effort consuming, TV or Cinema?
TV is extremely physically consuming. you’re bound to lose your physical strength especially if you’re doing your daily soap. Because times constraints are too hectic. It’s extremely painful and exhausting.
Q5. Any plans to come back in the television industry? Of yes, What kind of role you would like to play?
If I get the right show, director and script, why not? I never differentiate between the mediums. For me, it was always content over the medium.
Q6.How was your experience working with one of the finest actors in Bollywood Nawazuddin Siddiqui?
My experience of working with Nawazuddin was phenomenal. He’s a very good actor and a better person to work with. He’s humble, sincere and genuine which is ideal to have all these qualities in your co-actor.
Asking about her upcoming projects, Ragini Khanna told NewsGram,’Really can’t speak much about it right now. I haven’t signed up anything. Nothing is official to speak about the project I’m considering or being considered for.’

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What Gives Husbands The Licence to Rape? Decoding Marital Rape in the Indian Legal Scenario

Can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman?

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Marital rape
While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India. Pixabay
  • Cases of sexual violence, including rape, fall within the larger realm of domestic violence
  • Marital rape is yet to be categorized as a criminal offence in India
  • According to the central government, criminalizing marital rape “may destabilize the institution of marriage”

New Delhi, September 2, 2017 : Baby works as a domestic help; she says she cannot recall her age when her parents married her off to a man who was much older to her; a man she barely knew. She didn’t anticipate her husband would demand to have intercourse on their wedding night. She was still young and not ready, but that didn’t stop him. Baby was raped by her husband on her wedding night. But marital rape means nothing to her.

Sunita irons clothes for a living. She says has been married for more years than she can remember. The duo has four kids together, but that doesn’t stop her husband from raising a hand or two on her, every once in a while. Every night, her husband would get drunk, hit her and forcefully demand to have sex, paying no heed to her resistance. Sunita has three daughters, and a son, and the husband still wants to have progenies. “I told my mother that this man has raped me multiple times. She protested, arguing that he is ‘your husband’ after all,” she said.

But did she never decide to approach the authorities?

To this, Sunita promptly replied, “I once had a sore eye after he (the husband) hit me with his shoe when I refused to have sex. I went to the local hospital and then the police. I narrated the entire scene; they were very considerate, offered me water and then asked me to go home and ‘adjust’.”

Sunita is unaware of a term called ‘marital rape’.

This is the reality of a huge part of the society in real India.

Like Baby and Sunita, women who suffer such indignities are often asked to “adjust” with perpetrators of violence because of a deep –embedded fear of what the society would say. This notion of an ‘ideal woman’ impedes women to object to illicit treatment meted out by their ‘better halves’.

The debate around the issue has become ripe once again with the Central Government stating that what “may appear to be marital rape” to a wife “may not appear so to others”. In an affidavit to the Delhi High Court, the central government took a stand against criminalizing marital rape saying that it “may destabilize the institution of marriage” and also become easy tool for harass the husbands and the in-laws.

Rape v/s Marital Rape

Rape is defined in Section 375 of the Indian Penal Code, but with an irregularity: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”

While rape is addressed as perforation without a woman’s accord in its main clause, the only remedy to forced intercourse provided to ‘married’ woman is specified under Section 498-A of the IPC and the civil provisions of the Protection of Women from Domestiic Violence Act.

Following the horrific 2012 Nirbhaya rape case that brought the entire world to a standstill, the Indian media has given paramount coverage to instances of rape across the country. But even after 5 years of the gut-wrenching incident, there seems no end to this crime.

ALSO READ The Hardships of Sexuality: Marital rape, violence and humiliation

Cases of sexual violence, including rape, fall within the larger realm of domestic violence. However, rape by husbands within holy matrimony continues to remain an obscure subject in India and the exact number of cases is hard to gauge.

According to a 2015 report by National Crime Record Bureau (NCRB) tracing the proximity of offenders to the victims of sexual violence, it was revealed that in 95 per cent of all rapes, the offenders were familiar to the survivors. These, presumably include acquaintances, friends, relatives and colleagues.

And what about rape committed by husbands?

These cases continue to be an under-reported crime in India. This can be attributed to two major reasons,

  • Because of the stigma associated with it
  • Because of the presence of a defunct justice system

Furthermore, more often than not, these cases go missing because of several additional (and unnecessary) barriers stemming from a combination of familial and/or social power structures, shame and dependency.

Marital Rape In India

While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India.

A United Nations’ report titled ‘Why do some men use violence against women and how can we prevent it?’ published in 2013 disclosed that nearly a quarter of 10,000 men  in Asia-Pacific region, including India, admitted to have indulged in the rape of a female partner. The report traced their rationale to a deep-embedded belief that they are entitled to sex despite the consent of their partners.

The study also revealed that the majority of these instances were not reported and the perpetrators faced no legal consequences.

In 2014, United Nations Population Fund (UNFPA), in association with International Centre for Research on Women (ICRW) brought out a report titled ‘Masculinity, Intimate Partner Violence and Son Preference in India’. Among other things, the report analyzed the average Indian male’s understanding and interpretation of the idea of ‘masculinity’ and how that molds their interactions with women.

Not surprisingly, the study revealed that a typical man in the Indian society associated the attributes ‘tough’, and ‘controlling’ with masculinity.

Segments of the present day Indian society continue to look at men as tough forces, who can (must) freely exercise their privilege to establish rule in personal relationships and above all, continue to control women.

Additionally, the study also revealed that 60 per cent of the Indian men disclosed the use of physical violence to establish authority.

In India, stiff patriarchal norms continue to tilt the gender balance firmly in the favor of men, as a result of which, women are forced to internalize male dominance in their lives.

Marital Rape in India : A Legal Perspective

Section 375 essentially distinguishes between two categories of women

  • Married women
  • Unmarried women

Much to the Indian society’s disappointment, the Indian legal system denies protection from rape to the married woman. This creates discrimination as the women belonging to one section are denied justice merely by virtue of being married.

But can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman? Is it justified to discriminate a woman just because she is married to the man who has raped her?

The Debate Around Marital Rape In India

Despite the piquant situation, the issue raised furor when Minister of State for Home, Haribhai Parathibhai Chaudhary told the Parliament that the question of criminalizing marital rape in India has no relevance “as marriage is treated as sacred here.”

Does marriage being a sacrament provide one with the legal right to rape a woman?

South Asia director at Human Rights Watch Meenakshi Ganguly had retaliated saying that it is particularly concerning when a government that claims to secure the safety of women inside and outside national territory shamelessly turn to justify a crime in the name of culture and tradition.

Group director of social and economic development at the International Centre for Research on Women (ICRW) Priya Nanda asserted in an interview with a leading portal that “the reason men don’t want to criminalize marital rape is because they don’t want to give a woman the power to say no.”

In 2013, a three-member commission headed by Justice J.S. Verma suggested remedial measures to combat sexual violence in India, following the 2012 Nirbhaya rape case. One of its recommendations was the criminalization of marital rape.

ALSO READ Reasons Why Marital Rape Should Be Recognised as a Criminal Offence

The recommendation was ignored by the government as a large amount of people questioned its efficiency saying if made a crime,

  • It might be misused by people
  • It will be difficult to prove
  • It might break up marriages

But, how fair is it to not have a law against marital rape, only because of the reason that it is ‘difficult to prove’?

In a broader understanding, it needs to be understood that the criminalization of marital rape must not be viewed as a step against men or the institution of matrimony, but as an attempt to demolish the patriarchal system that continues to clutch the Indian society.


 

NewsGram is a Chicago-based non-profit media organization. We depend upon support from our readers to maintain our objective reporting. Show your support by Donating to NewsGram. Donations to NewsGram are tax-exempt.
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How Are Restaurants Operating Without Permit? Asks High Court: 19 Hauz Khas Village Eateries in Delhi Lose Licence

Restaurants in HKV lack security and fire safety mechanisms. Delhi High Court has thus ordered probe to answer how these establishments have been running without permit.

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Hauz khas village
The Delhi High Court believes unlawful construction of restaurants in HKV is a very serious issue, involving “valuable rights of the people". Wikimedia
  • Hauz Khas village has come under the scanner of the Delhi High Court for ‘unlawful existence’ and operation of restaurants without obtaining mandatory permits
  • According to PILs, restaurants cramp the narrow lanes of HKV without proper security and fire safety mechanisms in place
  • Licenses of 19 restaurants have been revoked by the SDMC 

New Delhi, August 23, 2017: With the wave of pop-culture that has come up in Delhi in the last few years, Hauz Khas village in south Delhi has emerged as the hub of ‘alternate culture’. While the ‘village’ remains comfortably filled during the weekdays, it gets crowded beyond measure over the weekends. There are usually long queues of cars and people waiting to enter HKV (as it is popularly known) that is home to a number of state-of-the art cafes, eateries and designer boutiques.

Hauz Khas village is not only famous its enviable list of establishments, but also for the number of cases that have previously been filed against the popular hub.

Hauz Khaz vilage has previously been in news for the following reasons-

September 2013: 34 restaurants were shut down for four days upon orders from the National Green Tribunal (NGT) for violating environmental flaws, following which they were conditionally allowed to operate on promise of upholding the laws.

August 2016: A ‘minor fire’ in the urban hub killed an Indian businessman and injured a French woman, bringing to light the poor safety standards and remedial mechanisms in the place.

[bctt tweet=” “Hauz Khas village in south Delhi has emerged as the hub of ‘alternate culture.”” username=”NewsGramdotcom”]

February 2017: a 26-year old was allegedly sexually assaulted in the wee hours of the morning after a night of partying in HKV. A series of similar incidents have remained common to the area.

July 2017: The village came in news when the police decided to ban the Tuesday-Wednesday ladies’ night in the area to keep law and order in place and avoid possible cases of sexual assault or violence. While the ban was never imposed, security arrangements in the area were strengthened.

The cramped, neon-lit streets and cafes of this urbanized village have once again come under the radar of the Delhi High Court now for illegal constructions and encroachments.

Following the hearing of PILs alleging “unlawful existence” of eateries in the village, a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar made an oral observation saying the court is to protect and upload “the life and personal liberty of every person in the city.”

The bench’s observation came following the hearing of petitions filed by social activist Pankaj Sharma and advocate Anuja Kapur.

According to the petition filed by Sharma, the village is a host to 120 eateries and pubs, most of which have been illegally constructed in the absence of an approval of their building plans from the South Delhi Municipal Corporation (SDMC). Alternatively, the plea by advocate Anuja Kapur claims that these restaurants and bars are additionally violating the law as they continue to operate without a No-Objection Certificate (NOC) from the required authorities including the fire department.

ALSO READ: Why do buildings collapse?

Kapur in her plea to the High Court had also raised allegations against the police claiming that no officer can be spotted in the village which gives various business owners an opportunity to indulge in ‘illegal activities’, which she believes are done with support from the local police.

Hauz Khas village is a popular commercial hub in the city and has a footfall of around 5,000 during weekdays which escalates to over 15,000 during the weekends.

Thus, the petitioners had also raised objections towards the risks to security and fire hazard in the village and asserted that the cramped location jam-packed with enormous crowd furthers the threat by making it impossible for ambulances and fire trucks to enter the area in case of emergencies.

It was revealed before the bench on August 22 that there is only one entry and exit in the village to allow the movement of fire tending vehicles.

Fire chief GC Mishra in his interview to the Indian Express in early August had asserted that the place is very congested for a city that ranks at level 4 of earthquake risk. “There is complete disregard towards the stability of the structure. Also, the access road is very narrow. How do I take my vehicles there?” he had said.

Previously, the High Court in May had issued a notice to the Centre, Delhi government, Delhi Police and SDMC to ensure strict enforcement of the law in the village and provide the court with a detailed account of the exact number of restaurants operating illegally.

Responding to the Court’s order, the Corporation revealed that they have issued notices of closure to 19 restaurant owners who do not possess the obligatory clearances. According to the report, “Nine licenses (have been revoked) for running the restaurants with more than the permitted number of seats and 10 licenses for running their trade on roads that don’t meet norms.”

The bench said during the hearing that this is a very serious issue, involving “valuable rights of the people”, according to a report by PTI.

Following the PILs the bench has asked authorities to file a status report explaining how these enterprises are running without a permit.

The SDMC has been directed to supplement the court with a detailed site-plan of the village clearly stating the location of different properties sprawled across the village along with the permissible property usage of Delhi as explained in the master plan of the city.

The bench has also asked the petitioners and the Municipal Corporation of Delhi to undertake detailed inspection of the place and inform the court about the width of the only road that runs through the area.

The bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar further asserted that any decision would be taken keeping the right of owners to undertake business activities, as guaranteed in the Indian Constitution, in mind.

However, the rights shall be considered “only if one has complied with the building bye-laws and the master plan. Violators will have to go,” the bench added.

The case is scheduled to have a further hearing on September 5.



NewsGram is a Chicago-based non-profit media organization. We depend upon support from our readers to maintain our objective reporting. Show your support by Donating to NewsGram. Donations to NewsGram are tax-exempt.

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