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1984 anti-Sikh Riots: Special Investigation Team (SIT) moves High Court For Cancellation of Bail to Sajjan Kumar

the Special Investigation Team today moved the Delhi High Court seeking cancellation of the anticipatory bail granted by the trial court to Sajjan Kumar in a murder case of three sikhs

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During 1984 anti-Sikh Riots, Wikimedia

New Delhi, Jan 25, 2017: The Delhi High Court seeking cancellation of the anticipatory bail granted by the trial court to Congress leader Sajjan Kumar in the murder case of three Sikhs was moved today by the Special Investigation Team (SIT), probing the 1984 anti-Sikh riots. Justice S P Garg, before whom the plea came up for hearing, asked SIT how the trial court order is illegal and said the respondent is facing trial in other matters also; then how is it possible that he could be present at all spots.

“Where is the illegality in the trial court’s order. 32 years have passed and now you (SIT) are seeking to interrogate him (Kumar) in the matter pertaining to the incident. Prior to November 2016 there was no complaint against him by the present complainant. Suddenly, the complainant has grievances against him (Kumar),” the court’s statement mentioned. It was hearing a plea by SIT, which came in appeal against the trial court’s December 21 last year order that allowed Kumar an anticipatory bail.

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Kumar had been asked to cooperate in the probe and not to influence any witness related to the case. While granting relief to the former MP on a personal bond of Rs one lakh and am assurance of the like amount, the trial court had also stated that he will not be allowed to leave the country without the permission of the court.

Additional Solicitor General (ASG) Sanjay Jain, who appeared for SIT, submitted before the bench that the cases filed against Kumar falling in jurisdiction of Janakpuri and Vikaspuri police stations in west Delhi, were lodged after delay of over 30 years as the complaintant was “scared” to birng out the name of the accused due to his “powerful” position.

The ASG submitted that since his name has cropped up during the course of investigation in the case, he needs to be questioned and his custody is also important as he has to be confronted with the evidence in the matter. He said that as per complainant Harvinder Singh, whose counsel also sought cancellation of Kumar’s bail, on the fateful day at around 11 AM, the accused was spotted leading a mob.

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To this, the court asked the ASG, apart from the complainant’s affidavit on the basis of which the cases were filed, if he has anything more to establish the fact that the respondent here was present at the spot. “Do you (SIT) have anything more to establish about his alleged involvement. We are not disputing the incident but his involvement is there or not is a question,” it said. It later asked the ASG to come up with records relating to the other case he is allegedly associated with and for which he has or is facing trial, mentioned PTI.

“There are other cases also against him (Kumar) relating to incidents at different places on the same day. So place before this court, if any, the material to show that the person against whom you have come was present at all spots at different times,” the court mentioned, adding that “it is not possible for a person to be present at all spots at one time”. The ASG asked for time till February 23 by when he could produce all the needed records.

The complaint in Janakpuri pertains to the assasination of two Sikhs — Sohan Singh and his son-in-law Avtar Singh — on November 1, 1984. The other relates to Gurcharan Singh who was burnt on November 2, 1984 in the jurisdiction of Vikaspuri police station. As per the complaint, Gurcharan, who was half burnt, remained bed-ridden for 29 years. He passed away three years ago.

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Seeking anticipatory bail from the trial court, Kumar had argued that his name had come up in the case after a seemingly long time (32 years) and it was motivated politically. Searching for a setting aside of the trial court decision, the high court was told that Kumar was called in twice by SIT but he had showed up only once. SIT has also submitted that delay in registration of FIR and not assigning the investigation of the cases to an independent agency clearly imply the influence of accused/ respondent at that time also.

SIT, which was set up in February 2015 on the direction of the Ministry of Home Affairs to re-investigate the shut case, said that it submitted a detailed status report of the ongoing investigation before the trial court. However, “without appreciating the relevant facts and without taking the established position of law into consideration and on very erroneous grounds, the trial court judge had passed the order and allowed the anticipatory bail applications of the accused/respondent,” it said.

– prepared by Durba Mandal of NewsGram. Twitter: @dubumerang

 

 

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Mahalaya: Beginning of “Devipaksha” in Bengali Celebration of ‘Durga Puja’

“Mahalaya” is the auspicious occasion that marks the beginning of “Devipaksha” and the ending of “Pitripaksha” and heralds the celebration of Durga Puja

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Mahalaya morning in Kolkata. Flickr
  • Mahalaya 2017 Date: 19th september.
  • On Mahalaya, people throng to the holy river Ganges in order to pay homage to their ancestors and forefathers; which is called ‘Torpon’
  • Mahalaya remains incomplete without the magical chanting of the scriptural verses from the ‘Chandi Kavya’ that is broadcasted in All India Radio
  • The magic is induced by the popular Birendra Krishna Bhadra whose voice makes the recitation of the “Chandi Kavya” even more magnificent

Sept 19, 2017: Autumn is the season of the year that sees the Hindus, all geared up to celebrate some of the biggest festivals of India. The festive spirit in the Bengalis all enthused to prepare for the greatest of the festivals, the ‘Durga Puja’.

About Mahalaya:

Mahalaya is the auspicious occasion that marks the beginning of “Devipaksha” and the ending of “Pitripaksha,” and this year it is celebrated on September 19.

Observed exactly a week before the ‘Durga Puja’, Mahalaya is the harbinger of the arrival of Goddess Durga. It is celebrated to invoke the goddess possessing supreme power! The goddess is invited to descend on earth and she is welcomed with devotional songs and holy chants of mantras. On this day, the eye is drawn in the idols of the Goddess by the artisans marking the initiation of “Devipaksha”. Mahalaya arrives and the countdown to the Durga Puja begins!

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The day of Mahalaya bears supreme significance to the Bengalis. The day is immensely important because on this day people throng to the holy river Ganges in order to pay homage to their ancestors and forefathers. Clad in white dhotis, people offer prayers and take dips in the river while praying for their demised dear ones. The ritual is popular as “Torpon”.

Mahalaya
An idol-maker in progress of drawing the eye in the idol of the Goddess. Wikipedia

As per Hindu myth, on “Devipaksha”, the Gods and the Goddesses began their preparations to celebrate “Mahamaya” or Goddess Durga, who was brought upon by the trinity- Brahma, Vishnu, and Maheshwara; to annihilate the fierce demon king named Mahishasura. The captivating story of the Goddess defeating the demon got popularized with the goddess being revered as “Durgatinashini” or the one who banishes all the evils and miseries of the world. The victory of the Goddess is celebrated as ‘Durga Puja’.

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Mahalaya remains incomplete without the magical chanting of the scriptural verses from the ‘Chandi Kavya’ that is broadcasted at dawn in All India Radio in the form of a marvelous audio montage enthralling the souls of the Bengalis. Presented with wonderful devotional music, acoustic drama, and classical songs- the program is also translated to Hindi and played for the whole pan-Indian listeners.

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Mahalaya
Birendra Krishna Bhadra (1905-1991). Wikipedia

The program is inseparable from Mahalaya and has been going on for over six decades till date. The magic is induced by the popular Birendra Krishna Bhadra whose voice makes the recitation of the “Chandi Kavya” even more magnificent! He has been a legend and the dawn of Mahalaya turns insipid without the reverberating and enchanting voice of the legendary man.

Mahalaya will keep spreading the magic and setting the vigor of the greatest festival of the Bengalis- the Durga Puja, to worship the supreme Goddess, eternally.

                 “Yaa Devi Sarbabhuteshu, Shakti Rupena Sanhsthita,

                     Namastaswai Namastaswai Namastaswai Namo Namaha.”

– by Antara Kumar of NewsGram. Twitter: @ElaanaC

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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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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.

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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.



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