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Absence of transgender category on application forms, Delhi High Court questions UPSC about the issue

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image coutesy- www.news.civilserviceindia.com
image coutesy- www.news.civilserviceindia.com

By NewsGram Staff Writer

Delhi High Court asked the Union Public Service Commission (UPSC) on Monday, about the absence of the transgender category in this year’s application forms for Civil Services Preliminary Examination.

A bench of Justice Mukta Gupta and Justice P S Teji asked UPSC and Department of Personnel and Training (DoPT) asked that why transgender category has not been included as an eligibility criterion for the exam, when the Supreme Court had declared transgender as the third gender.

As reported by media outlets, the bench asked, “Despite the Supreme Court judgement of April 15, 2014, you are doing this. Why? Do you want to disqualify them straight away?” The bench also issued notices to UPSC and DoPT, asking them to submit their reply by Wednesday.

Lawyer Jamshed Ansari had filed public interest litigation (PIL) challenging the UPSC’s notice for the examination scheduled for August 23 with regard to the gender or sex eligibility criterion for applying.

Reportedly it stated that transgenders will not be able to apply for the civil services due to lack of a third gender option in the forms. It also sought addition or inclusion of transgender as an eligibility criterion in the online application forms for the examination.

The petition stated that the apex court had directed the Union and State Governments to take steps to treat the transgender community as a socially and educationally backward class and to extend all reservation to them in case of admission to educational institutions and for public appointments.

“The inclusion of the third gender in applications for the civil services examination would benefit transgenders, who were socially excluded from public employment”, said the petition as per media reports.

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Indian Muslim Should Embrace The Triple Talaq Verdict, As It Outlaws the Radical Religious Side

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Triple Talaq
End of Triple Talaq. IANS

by Frank F. Islam

Sep 21, 2017 (IANS): On August 22, the Supreme Court ruled that triple talaq — the practice which allows a man to divorce his wife instantly by saying the word talaq thrice — is unconstitutional. Predictably, the ruling was denounced by a number of Muslim leaders and organisations. Some interpreted it as an attack on their religion and way of life. Others saw a conspiracy angle in the importance given to an issue.

This perspective is desperate and distorted. This perspective is not only wrong but also wrong-headed, misplaced and misguided.

I applaud this judgement because I strongly believe that Muslim instant divorce is illegal and incorrect in many ways. Instant divorce is deplorable, disgraceful and shameful. In addition, it is demeaning, demonising, disheartening and demoralising to Indian Muslim women.

Most importantly, as one of the judges pointed out, triple talaq is against the basic tenets of the Quran. Recognising this, many Islamic countries, including two of India’s large Muslim neighbours — Pakistan and Bangladesh — have abolished the practice.

In addition, it is unconscionable to think that a man should be allowed to banish a woman to whom he is married — who is also the mother of his child or children, in many cases — by uttering a word three times, with no consequences. Triple talaq is also inherently discriminatory in that only a man has that “right” — a Muslim woman cannot end the marriage in a similar way.

Also Read: One India, One Law: End of Triple Talaq 

Over the years, some Muslim organisations have rationalised triple talaq by arguing that divorce rates within their community are quite low compared to other religious groups. It affects less than a third of a per cent of Muslim women, they argue. This is neither a sound legal nor moral argument. Even if one concedes that instant divorce affects only a minuscule population, injustice should never have legal sanction, regardless of how many people are affected.

The triple talaq ruling, the result of a decades-long campaign by women’s rights groups, was a historic verdict. With the stroke of a pen, the judges made illegal a practice that over the decades has ruined the lives of countless Indian Muslim women.

In the absence of a comprehensive study among Indian Muslim women, it is not known how many of them have been divorced in this manner. A 2013 survey of Muslim women in 10 Indian states by the Bharatiya Muslim Mahila Andolan, an advocacy group that fights for the rights of Indian Muslims, found that triple talaq was the most common mode of divorce among those surveyed.

Of the 4,710 women sampled in the survey, 525 were divorcees. Of them, 404 were victims of triple talaq. More than 80 per cent of them did not receive any compensation at the time of divorce.

Two of the five judges that delivered the triple talaq judgment differed on the constitutionality of practice. The bench was in unanimous agreement, however, in asking the government to enact within six months legislation to govern Muslim marriages and divorces.

India’s justice system has numerous drawbacks. It often takes decades for courts to deliver justice. In this instance, the Supreme Court should be applauded for delivering a correct judgment in a timely manner.

The ball is now in the government’s court. It is up to people’s representatives to come up with policies that will change the lives of Muslim women for the better.

Equitable legislation on Muslim marriages and divorces should be just the starting point. The central and state governments must craft policies that empower women belonging to all castes, creeds and religions. Such policies should focus on educating women, developing their skills and making them part of the work force. Empowerment of this type will allow them to pursue and create their own destiny. It will lead to financial independence. In addition, it will promote the security and stability of women and will build their self-esteem and confidence.

India’s Muslim community should embrace the Supreme Court verdict. They should join together to say: End triple talaq. End triple talaq. End triple talaq. They should leverage the verdict as an opportunity to advocate for and bring about much-needed reforms related to women’s rights. (IANS)

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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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Why Does 45th Chief Justice of India Dipak Misra Need ‘Z’-Category Security of Armed NSG Commandos?

Jjustice Depak Misra, who had been recommended as a successor by Justice J.S Khehar in July, becomes the 45th Chief Justice of India and was administered the oath of office by President Ram Nath Kovind.

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Chief Justice of India.
The swearing in ceremony of Justice Dipak Misra as the 45th Chief Justice of India. Twitter
  • Justice Dipak Misra was sworn in as the 45th Chief Justice of India
  • His tenure will span for the next 14 months until his retirement in October 2018
  • Justice Misra is the only CJI to have armed protection of black commandos

New Delhi, August 29, 2017: The Chief Justice of India (CJI) J.S Khehar demitted office on August 27. The next in line was Justice Dipak Misra, who was sworn in on August 28 as the 45th Chief Justice of India at a ceremony held at the Darbar Hall of the Rashtrapati Bhawan.

President Ram Nath Kovind administered the oath taking ceremony of Misra, who had been recommended as a successor by Justice J.S Khehar in July this year.

In his career spanning 40 years, Justice Dipak Misra ventured into most realms of the law- civil, criminal, constitutional, revenue services and matters concerning sales tax, proving his grit to take over the new position. But that is not the only intriguing aspect of his career.

Justice Deepak Misra is the first ever Chief Justice of India to have a ‘Z’-category security cover.

The 45th CJI was provided with an upgraded security cover in 2015 after he had received a death-threat letter from terrorist organizations.

Why Would A Supreme Court Judge Need Security Cover?

On July 30, 2015, Justice-Misra headed the three-judge bench in a hearing when Yakub Memon, convicted in the 1993 Mumbai serial blasts, pleaded for a 14 days’ stay on his death penalty just hours before he was to be hanged. The pleas were starkly dismissed in an incomparable 2:30 am hearing and the judgment went on to become a landmark in the Indian legal history.

However, shortly after the hearing, an anonymous letter enclosed in an envelope threatening Misra of dreadful consequences was delivered at his official residence following which he was provided with a ‘Z’ security cover which remains till date.

ALSO READ: Threat letter to judge who rejected Memon’s mercy plea

A protectee under ‘Z’ category gets security cover from armed commandos of the National Security Guards (NSG) along with an escort vehicle and a pilot vehicle, each having three armed personnel, for the protection of his official vehicle.

Today, Justice Misra is the only top judge to ever use a bullet-proof ambassador car supplemented with a police escort.

Chief Justice of India
CJI Dipak Misra, seen here with Vice President Venkaiah Naidu, President Ram Nath Kovind and PM Narendra Modi. Twitter

However, death threats never stalled the 63-year old Justice Dipak Misra from taking monumental judgments and he has been at the forefront of some of the landmark judgments in the recent history. We take a look at the highlights from his career,

1. In May 2017, Justice Misra doctored the long-awaited landmark ruling and confirmed death penalty of the four convicts in the monstrous 2012 Nirbhaya gang rape that shook the entire world.

2. Justice Dipak Misra also headed the bench that mandated to play the National Anthem in cinema houses before the start of every movie for which he received a lot of flak. He also ordered for the viewers to stand up in “committed patriotism and nationalism” every time the National Anthem and/or the National Flag are featured in the theatres.

3. One of the most noteworthy decisions by Justice Misra include directing all State and Union Territories to upload all FIRs registered on their websites within 24 hours of registration at the police station. The move has made the entire process transparent, allowing the accused to download complaints and seek redressal of their grievances.

4. Justice Misra was also one of the seven judges of the special bench set up by the Supreme Court for a contempt of court hearing against Justice C.A Karman who had levied corruption charged on 20 judges of the High Court. The bench defended the constitutionality of the 150-year old law on criminal defamation and sentenced Karnan to six months in jail.

5. In 2015, a Justice Misra-led bench stayed the Maharashtra government’s ban on dance bars that had mushroomed in Mumbai and other parts of the state during the 90s. However, it maintained that the government must take steps to protect and uphold the dignity of women who performed at these bars.

6. Justice Misra is also known for his strict stand against frivolous litigations. He previously rejected one such appeal that had objected to the use of the term ‘Dhobi Ghat’ in a film’s title and had warned the petitioner.

7. He was also part of the bench that rejected the Uttar Pradesh government’s decision to allow for reservations in promotions and asserted that this can only be allowed if there is sufficient supportive data and evidence to justify the decision.

8. Holding chair as the executive chairperson of the National Legal Services Authority, Justice Misra introduced the facility of Legal Assistance Establishment or Nyay Sanyog in states to simplify activities to provide free and faster legal aid to the deprived people.

9. Justice Misra also headed the three-judge bench that instructed the Centre in April 2017 to conduct NEET examination in Urdu from academic year 2018-2019 onwards. NEET examinations are held for students who wish to pursue a graduate medical course or a post-graduate medical course in private or government colleges.

Justice Dipak Misra’s tenure as the 45th Chief Justice of India will span for the next 14 months until he retires in October 2018 and is expected to see judgments in some high-magnitude issues like the validity of the Aadhaar card, the special status accorded to Jammu and Kashmir and the Ayodhya land dispute.


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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