Author: debduttag

Most Child Welfare Homes Violating The Child Law In India

A directive issued by the Central government to all concerned states and Union territories to again conduct inspection of the homes and institutions which are run by Missionaries of Charities (MoC) has brought to the forefront the issue of gross negligence and violation of the Juvenile Justice Act, 2015, by the child care institutions (CCIs), said government officials to the media on condition of anonymity. This directive from the centre comes following the unveiling of an adoption racket at a MoC home in Jharkhand. Under Section 66 of the Juvenile Justice Act makes it mandatory for a CCI to get itself registered with the state government where it is operational even though it might not be recognised as Specialized Adoption Agency (SAA). There are some rules which should be followed by all the CCI. These rules are meant to confirm that all orphans, abandoned or surrendered children under its care are reported, produced and declared to be free for adoption legally. Details of the children declared legally free for adoption are to be furnished by the CCIs and they are mandated to create formal linkages with local and nearby SAA. Violation of this section draws a penalty of ₹50,000. An official of the Union women and child development (WCD) said “the home in question did not follow any of the rules and was allegedly giving children for adoption illegally....

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Marriage Doesn’t Mean Wife Always Ready For Sex: Delhi HC

The Delhi High Court opined on Tuesday that a woman does not need to have a physical relationship with her husband to maintain her marriage. The court also held that to constitute a rape, physical force is not a necessity. In a marital relationship, both the man and the woman have a right to say no to a physical relationship, said the bench of Chief Justice Gita Mittal and C Hari Shankar of the Delhi High Court. The bench said this while hearing a plea to make marital rape an offence while there were others opposing it. The bench said “marriage does not mean that the woman is all time ready, willing and consenting. The man will have to prove that she was a consenting party.” The argument in court by the non-profit organization Men Welfare Trust was negated by the court. The organization, which opposes making marital rape an offence, had argued that in spousal sexual violence, the use of force or threat of force are significant basics to constitute rape. This argument was struck down by the court. The court said “it is incorrect to say that force is necessary for rape. It is not necessary to look for injuries in a rape. Today, the definition of rape is completely different.” Women already have protection from sexual violence in a marriage under the currently available laws, such...

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Apex Court: Lynching Must Stop, Parliament Should Make Suitable Laws

Lynching has become an everyday phenomenon of India. However, on Tuesday, the Supreme Court of the country took a tough stand against the trends and said in this matter that the Parliament needs to think about this issue. The Supreme Court asked the Parliament to consider bringing a new law to control the offences of mob violence or lynching and implement strong punishments to lawbreakers even as there is a rise in the attacks on people by the so-called cow vigilantes and the general crowd in the country. A bench headed by Chief Justice Dipak Misra said “citizens cannot take the law into their hands and cannot become the law unto themselves … Horrendous acts of mobocracy cannot be allowed to become a new norm and have to be curbed with iron hands.” To deal with offences like mob violence and cow vigilantism, Justice AM Khanwilkar and Justice DY Chandrachud, who comprised the bench, passed a direction to provide “preventive, remedial and punitive measures” to control all these. It said “in case of fear and anarchy, the state has to act positively. Violence can’t be allowed.” To control mob violence and lynching, the Supreme Court offers some remedies for the central and state governments. The top court said that the state government need to appoint a dedicated police official to act as a nodal officer in each district for...

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Drivers may be allowed to carry driving license in digital format

All commercial vehicles will now have to mandatorily follow vehicle tracking systems and FASTags for electronic toll collection according to a draft amendment to the existing laws prepared by the central government.  These would be necessary for all vehicles that want to avail a national permit for commercial vehicles. The government has According to the proposed amendments as drawn up by the government, drivers and vehicles owners would also be able to carry their driving licence and pollution control certificates in either the physical or digital form while there is another proposal for eliminating the requirement for fitness certification when a new transport vehicle is registered. A statement from Ministry of Road Transport and Highways (MoRTH) on Tuesday read “Ministry of Road Transport and Highways (MoRTH) has notified draft amendments to the Central Motor Vehicles Rules, making FASTags and vehicle tracking system device mandatory for all commercial vehicles (CVs) obtaining national permit.” It also said, it will be mandatory to paste a sticker on the front wind screen of the vehicle that confirms the fitting of the FASTagson. The words “National Permit or N/P” in the front and rear of the vehicles in bold letters should be displayed, the draft said. In case of trailers, the letters “N/P” will have to be emblazoned on the rear and left side of the vehicle while the body of a tanker ferrying...

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Lynched Google Techie’s Family Cannot Believe He Was Mistaken A Child Lifter

A man has again been lynched on the roads in India. The latest incident took place in Karnataka’s Bidar where a 32-year-old man from Hyderabad was beaten to death on suspicion that he was a child lifter. His family however cannot still believe that the mob killed the man because of mistaken identity. Mohammad Azam, the techie, was lynched at Murki village in Bidar on Friday. The family has demanded a proper investigation of the killing. Mohammad Akram Azam’s brother said, “He (Azam) was a software engineer working with Google. He looked so sophisticated and polished in his behaviour. How can anybody suspect him to be a kidnapper of children? Definitely it would not have been the reason.” He appealed to the Telangana government to the discuses the issue with Karnataka government and demand a proper enquiry. Akram said, “the guilty should be punished so that no other innocent loses his life in this manner.” He argued to prevent such lynching incident which spread rumour in the instant messaging service WhatsApp. On Friday, Azam was with his friend Mohammed Salham-eid-al-Kubaisi, a Qatari national when the incident took place. Reports said that the friends had chocolates with them and the offered them to some schoolchildren. This triggered off the horrible incident took place. Azam was buried on Saturday. Throughout India, there have been rumours of lynching which are spread via...

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