New Delhi: The Delhi High Court received the confirmation from the Delhi government that it will accommodate Municipal Corporations of Delhi pensioners which have not been paid since two years. Delhi government plans to accommodate these pensioners under its old age assistance scheme.
The pensioners have been deprived of their pension due to fund crunch in the three municipal corporations in Delhi.
Justice B D Ahmed and Justice Sanjeev Sachdeva were told by the Delhi government that it provided financial assistance to the elderly and disabled and that it can accommodate more people in the two categories.
The bench then asked the civic agencies to provide the government the list of names and other details of people not getting funds under the MCD schemes to know the eligibility criteria for the government schemes.
The bench was informed that there was a cap of 4.3 lakh people eligible to get the pension of this, 384,545 have been remitted assistance till December last year.
The pension to the balance cases is withheld subject to verification of their living status, the exercise likely to be completed by January 31, said the government.
“So far total expenditure of Rs.456.96 crore have been incurred against the budget allocation of Rs.600 crore,” said the Delhi government in its affidavit.
The bench asked the government to review the cap and increase it if needed.
Under financial assistance for people with special needs, the Delhi government said assistance had been remitted to 56,672 people by December. The total expenditure incurred so far was Rs 82.13.
NGO Social Jurist through advocates Ashok Agarwal and Khagesh Jha said civic bodies had discontinued old-age pension for the last two years due to financial crunch. In the circumstance, the only option was that Delhi government should take the liability to pay the pension.(IANS)
The court said that though stubble-burning was the "visible villain", authorities should address the "other elephants in the room" such as dust generated by road and construction activity as well as vehicular and industrial pollution.
New Delhi, November 9, 2017 : The Delhi High Court on Thursday said there was an “emergency situation” vis-a-vis pollution in Delhi-NCR region and asked the Delhi government to consider vehicular odd-even scheme and cloud seeding to induce artificial rain.
The court also asked the Centre to hold meetings with Delhi and National Capital Region authorities to bring in short-term measures to control pollution immediately and to submit a report to it on November 16, the next date of hearing.
Issuing a slew of direction as immediate measures to control pollution in Delhi-NCR, the court banned felling of trees, ordered sprinkling of water on roads to control dust and strict enforcement of construction code to ensure that the air was not polluted.
A Division Bench of Justice S. Ravindra Bhat and Justice Sanjeev Sachdeva also directed the Chief Secretary in the Ministry of Environment and Forest and Climate Control to call an emergency meeting with his counterparts in Delhi, Haryana, Punjab, Rajasthan and Uttar Pradesh and pollution control agencies within three days to discuss ways to curb pollution.
The bench said the Chief Secretaries will also consider the feasibility of cloud seeding to bring down air pollution. This, the bench said, was not a very expensive process and Bengaluru had adopted it.
The court asked the Delhi government to consider bringing back the odd-even scheme — under which vehicles of odd and even registration numbers, with exceptions, ply on roads on designated days — to control traffic congestion and unclog the capital.
But the court questioned the government move to increase parking rates by four times.
“If somebody has to go to a hospital or buy important items, he ends up paying four times more for the parking,” the bench said.
The court said that though stubble-burning was the “visible villain”, authorities should address the “other elephants in the room” such as dust generated by road and construction activity as well as vehicular and industrial pollution.
“London has faced this kind of air pollution. They term it as pea soup fog, which is a killer fog. This is a deadly mixture of construction and vehicular dust and other factors,” the bench said.
The court also directed the Delhi government to conduct a survey of all hospitals in the national capital on availability of oxygen to deal with emergency situations with regard to vulnerability of children and senior citizens.
It told the Delhi government to strictly regulate the entry of trucks into the city.
The court was hearing a suo motu case it initiated in 2015 to control air pollution in the national capital. (IANS)
• Illegal liquor licenses granted in shopping malls
• Swaraj India protests against illegal vends at Cross River Mall
• Illegal vends have turned the mall into a liquor den
• Liquor license scam, a perfect example of unholy collusion between AAP & BJP
• Arvind Kejriwal, who came to power on the promise of making Delhi addiction free, has today become the Badal of Delhi and Manish Sisodia another Majithia.
New Delhi, Nov 5: Newly formed political party, the Swaraj India has exposed a major scandal in the distribution of liquor licenses by the Delhi government. Party’s Chief National Spokesperson and Delhi State President, Anupam, said that the Delhi government is illegally distributing L10 category liquor licenses enabling dealers to open vends in shopping malls of the city.
The Delhi government offers licenses in the L-10 category to liquor vends in shopping malls of the city. Definition of shops operating from within a mall is clearly stated in the law and the rule mandates that all shops operating from within a mall should be opening up within the building only and cannot have an entrance towards the exterior side of the mall. But Delhi government and the mall management have created these liquor shops against the approved map of the mall. Every week, the Excise officials of Delhi Government are supposed to inspect liquor vends existing in the city, but not a single objection has been raised against these vends that are blatantly violating rules every single day.
And this has resulted in around a dozen liquor vends springing up in just the ground floor of the Cross River Mall. This has turned the shopping mall into a den of liquor vends leaving people living in nearby residential areas helpless. Neither the Delhi government nor the MCD and nor the Delhi police are even taking note of this broad daylight scam. “Is this not a direct sign that all the levels of the government and administration are complicit in letting this illegal trade grow?” Anupam asked.
Everyone in Delhi is well aware of how the employees of MCD don’t lose a moment to demand their share when any construction work begins anywhere. But when illegal constructions are done at such a large scale in a big mall, the MCD doesn’t even blink an eye.
Cross River mall is located in an area from where the Councillor, the MLA as well as the MP are from the BJP. The illegal license is being granted by AAP led Delhi government. It is surprising to see such a harmonious blend between the Aam Aadmi Party and BJP. Promoting liquor trade in Delhi seems to be such a profitable business for both the BJP as well as the AAP that it has brought together the two parties that are otherwise always at loggerheads. Are the black transactions involved in such liquor business the real reason why not a single question has yet been raised by anyone or any party?
Earlier in the last, the Delhi government has eased rules for granting the license to new liquor vends by reducing the minimum carpet area required from 1000 to 500 square feet. And now, in clear dereliction of rules, even vends are being run in the shopping malls.
On Sunday, Swaraj India’s Mahila Swaraj Morcha protested against the numerous liquor vends in Cross River Mall of Delhi and demanded that the liquor shops be closed down. And in this mall in Shahdara, around a dozen liquor shops have been opened up by granting illegal licenses of the L10 category. And outside this mall, that has been turned into a den of liquor vends, a crowd of drunkards creating an atmosphere of hooliganism has become a daily affair. There has been a continuous increase in crime in the drunken state, where eve-teasing & snatching have become a regular affair.
Sarvesh Verma, President of the party’s Mahila Morcha, said that Arvind Kejriwal who rode to power on the promise of making Delhi an addiction-free city has today become the Badal of Delhi with Sisodia as another Majithia.
Anupam said that though the Delhi government’s anti-women policies will result in the promotion of alcohol addiction but Swaraj India will not let these nefarious plans succeed. The party has earlier as well launched mass agitations against the granting of liquor licenses in residential areas of Delhi, because of which the Delhi government was compelled to announce a ban on the distribution of new licenses. If the government does not immediately order an investigation into the illegal L10 vends and stop this unholy collusion, the Mahila Swaraj Morcha of Swaraj India will take this agitation ahead for the betterment of Delhi.
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 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.
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?
In light of the debate over marital rape, a reminder: if you actually ask women, almost all the sexual violence they face is from husbands pic.twitter.com/BRVXk0cbbJ
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
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.
India can learn something from its neighbours. Nepal has laws against marital rape, so does Bhutan
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.
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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