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EDMC accuses Delhi government of not releasing funds

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New Delhi: The AAP government was accused on Monday by the East Delhi Municipal Corporation (EDMC) before the Delhi High Court for not releasing funds were due as per the Delhi Finance Commission which was Rs 627.93 crore in the last four years.

In an affidavit, the EDMC said salaries of its safai karamcharis are released up to December 2015 but, as of January 2016, Rs 217 crore is needed to make up to date payments of salaries to all categories of employees including pension to retirees.

It sought the immediate release of municipal reforms funds which are already provided under the recommendation of 3rd Finance Commission but not being released by the Delhi government for the last three financial years.

EDMC’s counsel Mini Pushkarna said the corporation is facing “huge financial crunch” and is unable to sustain its financial liabilities and has already written to Lt Governor Najeeb Jung for grant of a Rs 500 crore bail out package.

On the other hand, the Delhi government vehemently denied that the non-payment of salaries or arrears to employees of civic bodies were due to non-release of funds and instead blamed it on “the massive financial mismanagement” by the corporation.

In its affidavit, the government said the total funds available with the MCDs are over and above the expenditure that has been incurred. It also said that the MCDs are at “liberty” to recover property tax from unauthorized colonies.

“Municipal corporations have been attempting to get their statutory nonfeasance excused or justified by creating a boogey of non-release of funds by the answering respondent,” the state government said, adding 100 percent of the revised estimates of the year 2015-2016 amounting to Rs 892.92 crore, Rs 465.53 crore and Rs 830.41 crores for North Delhi Municipal Corporation (NDMC), EDMC and South Delhi Municipal Corporation (SDMC) respectively, under non-plan heads, has already been released.

The response of EDMC and the Delhi government came on a PIL seeking the release of salaries of municipal workers. The employees of three civic corporations have been on strike since January 27, demanding payment of salaries and pending wages.(IANS)

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Anti-Punjab Conspiracy: Apologise to Punjabis for Branding them as Drug Addicts, Demands Akali Dal to Rahul Gandhi, Arvind Kejriwal

A survey by PGIMER had revealed that drugs abuse in Punjab was just around one per cent of the 2.8 crore population in the state

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Punjab
Sukhbir Singh Badal, President of Akali Dal in Punjab. Wikimedia

Chandigarh, Sep 11, 2017: Punjab’s opposition Akali Dal on Sunday said that latest findings of PGIMER survey listing drug addiction in the state at less than a per cent had yet again nailed the “anti-Punjab conspiracy” of Congress Vice President Rahul Gandhi and AAP chief Arvind Kejriwal and demanded they apologise to the people.

“The latest comprehensive survey which was carried out in all 22 districts as well as 22 villages in each district, had exposed the anti-Punjab conspiracy of Rahul Gandhi and his team as well as that of AAP leader Arvind Kejriwal,” SAD President Sukhbir Singh Badal said in a statement here.

“Both leaders and their parties should now tell Punjabis why they branded them as drug addicts and tender an unconditional apology to the people of the state.”

Claiming that the “entire conspiracy was hatched to counter the development narrative of the previous SAD-BJP government”, Badal said though the Congress had succeeded in its goal of achieving power in Punjab, it had caused incalculable damage to its people and its economy.

“Both Congress and AAP played with the lives of the youth and made them virtually unhireable. The image distortion also dented the image of Punjab and Punjabis worldwide,” he said.

Highlighting Rahul Gandhi’s “nefarious role in this sordid chapter of Punjab politics”, Badal said he was “definitely the villain-in-chief”.

“Rahul uttered an utter lie to reap political mileage for his flagging party by claiming in October 2012 at a NSUI function in Chandigarh that 70 per cent of the state’s youth were drug addicts.

“This despite the fact that he knew well that he was reading out a sample survey of drug addicts of which youth formed a big share,” he said.

“During the Punjab assembly campaign this year, he insisted he was speaking the truth and even had the gall to ask Punjabis to admit they were drug addicts. Such behaviour coming from the chosen scion of the Gandhi dynasty is shameful,” he added.

A survey done by a team of doctors and researchers of the Postgraduate Institute of Medical Education and Research had revealed that drugs abuse in Punjab was just around one per cent of the 2.8 crore population in the state.

Badal said that Aam Aadmi Party leader Kejriwal and “his gang of outsiders had also tried to doom the future of the youth by claiming 40 lakh youth were drug addicts”.

“The PGIMER report puts the entire number of addicts in the state at 2.7 lakh. Other reports, included that conducted by AIIMS, had come out with even lower figures than this,” he added.

A detailed survey by the All India Institute of Medical Sciences in Delhi had put the drug addiction at 0.84 per cent.

“The Punjab government also got a dope test conducted on 3.76 lakh youth who presented themselves for police recruitment. The test, which was conducted by the Baba Farid Health Sciences University, saw only 1.27 per cent candidates testing positive,” Badal said, citing a survey done during the Akali government last year. (IANS)

 

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If you have Rs 28 lakh in account, only then you are eligible to get an AAP ticket in Gujarat Legislative Assembly elections

The reason behind the eligibility criterion is that the candidate should be financially sound to be able to fight elections

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AAP volunteers oppose opaque political funding
AAP volunteers oppose opaque political funding. Facebook
  • Gopal Rai said that if one wishes to fight the contest Gujarat Legislative Assembly elections on AAP tickets, then he/she should have at least Rs 28 lakh in their accounts
  • Gopal Rai met AAP members on 1 September 2017 to discuss the proposal
  • The candidate should be financially sound to be able to fight elections

New Delhi, September 3, 21017: When Arvind Kejriwal came into politics with Aam Aadmi Party, he promised it to be a clean, corruption free party but all the principles and morals of the party have gone into a drain.

Where have the principles of AAP gone?

The party in recent times has been in the news for all the wrong reasons- allegedly selling party tickets for polls in Punjab, heavy corruption charges, alleged Mohalla Clinic scam. The Party has lost the respect in people’s eyes many times by its shameful activities. AAP is trying hard to win back people’s trust since it lost Municipal Corporation of Delhi (MCD) elections.

Want an AAP ticket? Got Rs 28 lakh in the account?

The latest reason of AAP’s mockery is the strange clause put forth by Gopal Rai, state in-charge of Gujrat and national leader of AAP. He said that if one wishes to fight the contest Gujarat Legislative Assembly elections on AAP tickets, then he/she should have at least Rs 28 lakh in their accounts. Now, one can’t fight the elections as he is a deserving candidate, have good principles, motives, and ideas or wants to bring a change. But based on the money he/she has in the account, as only those who have Rs 28 lakh and more will be given a chance to contest Gujarat Legislative Assembly elections on AAP tickets.

Also Read: Aam Aadmi Party’s Mohalla Clinics come under scanner: Vigilance Department exposes, Ministers faked the rent amount

When AAP fought Delhi Elections, it was with the donation money they got from people and won the election. But, now AAP has changed its ways.

A need to meet the financial criteria

Gopal Rai met AAP members on 1 September 2017 to discuss the proposal.  According to Ahmedabad Mirror report, a leader who attended the meeting said: “A candidate will need not less than Rs28 lakh to prove that he can pull off the campaign financially in the constituency.”  The reason behind this eligibility criterion is that the candidate should be financially sound to be able to fight elections.

Also Read: Rankings of Aam Aadmi Party Delhi MLAs Drop due to Poor Performance. Praja Foundation publishes Latest Government Performance Report

Talking about the other 2 eligibility criteria, Harshil Nayak, AAP spokesperson said:

  • The candidate should have to be of clean repute and well-networked in his area
  • The candidate should have at least 2 people to support him in managing a booth

The party will launch its campaign on September 17, 2017. One of the party workers said, “A car and a bike rally will be organized at various places. We hope to get the permission, but if we don’t, the date may change. If not from all seats, AAP will fight the elections from at least a few.”


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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.


 

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