Mumbai nurse Aruna Shanbaug, in coma for 42 years after rape, dies - The Hindu

Views : Aruna Shanbaug is no more. After the rape incident ,she was in coma stage for last 42 years 

Right to life with dignity is legal right of every body. However, Aruna's life was a big question on this subject.The tragic life of Aruna Raises several questions to be answered by  a  civil society.

 Does Aruna deserve this kind  lifeless life for 42 years ?

Do we need a more liberal and generous legal system to address this kind of  complicated life issues?

Whether right to life is equally important  to life to death?















Mumbai nurse Aruna Shanbaug, in coma for 42 years after rape, dies - The Hindu

Jayalalitha Returns Back as Chief Minister. People deserve a stable governace irrespective of punishment ....

Views: Jayalalitha  returns back as the Chief minister of  the Tamil Nadu. The punishment of the trial court is set aside by the High Court. For several months ,all developmental works in Tamil Nadu were in a very low phase . As per the newspaper reports, governance is just a name sake. The worry and anxious of the Tamil Nadu people are turned into joy and hope. Several people committed suicide when Jayalalitha  went to jail. People died with heart broke . More than 200 people lost their life  .The  state  nose drived  into a depressive mood. Another leader of Tamilnadu ,  Kanunanidhi  says he will go to Supreme Court against the judgement of High Court. If Supreme court set aside  the judgement of the High Court , then what about the governance of Tamil Nadu. Collapsed again? Conviction , Acquittal , again Conviction -all are the prerogative of the Judiciary. It is mostly a matter of  subjectivity and the interpretation of the law .  Each time , the life of the people  affects  . They also deserve  a stable governance . Their agony and pain should be considered when implementing the  Punishment. A  new legal system is needed for addressing this issue. Freezing the punishment for a certain period can be considered  to overcome   difficult situation like this  . The lawmakers should find out a solution . It will  not happen again in any state.

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(11-May -2015)

 

Jayalalitha: India court clears ex-Tamil Nadu leader of corruption ( BBC News)

• 3 hours ago
• From the section India

Jayalalitha has been a prominent figure for years, acquiring a reputation for enjoying a lavish lifestyle

An appeals court in India has cleared former chief minister of the southern state of Tamil Nadu Jayaram Jayalalitha of involvement in a corruption scandal.

Ms Jayalalitha was convicted and sentenced for four years by a trial court in September.
She was found guilty of amassing unaccounted-for wealth of more than $10m (£6.4m) and had to quit as the chief minister.
Monday's ruling means she can return as the head of Tamil Nadu government.
Jayalalitha, a former actress, is one of India's most controversial and colourful politicians. She has been a leading figure in south Indian politics for three decades.

"Truth and justice have prevailed," Ms Jayalalitha said in a statement after the court order.
"I am immensely satisfied, the verdict has paved the way for me to emerge as tested pure gold," she added.
As soon as the high court in the southern state of Karnataka announced its verdict on Monday morning, Ms Jayalalitha's supporters began celebrating outside the court in Bangalore.

Jayalalitha: Mercurial personality

• Former actress who appeared in more than 100 films

• Chief minister of Tamil Nadu on four occasions - from 1991-96, briefly in 2011, 2002-06 and 2011-14

• Has alternated in power with her great rival, 90-year-old DMK party leader M Karunanidhi

• Feted by various Indian prime ministers over the last 20 years trying to win her support

• Critics accuse her of establishing a personality cult, but supporters praise her poverty relief efforts

• Known for her extravagant lifestyle - police once discovered more than 10,000 saris and 750 pairs of shoes in a raid on her premises

Her supporters outside her home in the southern city of Chennai were seen distributing sweets, shouting slogans and weeping tears of joy.
The high court also cleared three of her aides who were also convicted by the trial court.
The details of Monday's judgment are not yet available. Reports from the courtroom said the judge took "10 seconds" to deliver the verdict.
The conviction last September had cut short her fourth term as the chief minister of Tamil Nadu and she had picked party leader and loyalist O Panneerselvam as her replacement.
Many Indians have taken to social media to criticise Monday's order and #JayaVerdict is the top Twitter trend in the country:

Salman Khan gets bail, What about the victims ? Waiting for compensation for 13 years.....!

 

Views: As per the news report ,even the victim of the accidents not bother about the punishment of Salman Khan. They did not get any compensation till now after the 13 years of the incident. They are desperately seeking the compensation. Salman Khan goes to jail not   does not make any difference  in their poor living condition . Our criminal justice system only looking for punishment .Not little bother about the victims. It is really sad. If the government can't able to give the proper compensation to the victims  , Let Salman does . Community service with compensation makes  more sense in the case of Salman Khan. The spirit of the law does not miss when deliver the punishment.

( 08-05-2015)

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LIVE: Salman Khan's jail term suspended, granted bail; HC asks him to surrender passport

• Sonam Saigal, Hindustan Times, Mumbai
|
• Updated: May 08, 2015 13:05 IST

MNS chief Raj Thackeray came to visit Salman Khan after the actor was convicted and sentenced to five years imprisonment in the 2002 hit-and-run case. (Satish Bate/HT photo)

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The Bombay high court suspended on Friday actor Salman Khan’s jail term, handed by a lower court in the 2002 hit-and-run case, pending appeal. The court also asked his lawyers to execute a fresh bail bond.
The single-judge bench of justice Abhay Thipsay suspended the five-year jail term after hearing arguments from both sides.
“We can fix a date in June or July whether he is guilty or not.”
Justice Thipsay said, “We cannot take pleasure in the fact that someone is in custody. There is no law that says if there is alcohol (in blood) it is culpable homicide.”
Hearing in Khan's bail application in Bombay high court took a dramatic turn earlier in the day when the Bollywood superstar's lawyer asked why singer Kamaal Khan, who was in Salman's car when it run over five people sleeping on a Mumbai pavement in 2002, had not been examined by the police.
Khan, convicted in the hit-and-run case and sentenced to five years in jail, might get bail till the court heard his appeal at length in June or July, was not present in the court, which turned into a fortress in anticipation of the high-profile hearing.
Hundreds of fans of 49-year-old action hero - the star of some of Bollywood's most commercially successful films - filled up every space available around the court premises.
His sister, Alivra Agnihotri, was present for the hearing. Salman's friend and politician Baba Siddique was also in attendance. A man in his 30s -- claiming to be a family member and a fan of the actor -- reportedly consumed poison around noon. He was rushed to a hospital nearby.

Live updates

Arguing for Khan, senior lawyer Amit Desai told the single bench that a sessions judge,

Salman Khan goes to jail for five years at tax payers cost....!?

 

Views: After 13 years , Salman Khan is convicted and goes to jail. Long delay for delivering judgement is a big concern of Indian Criminal Justice System. An offence  committed in the younger age and gets the punishment in the middle or old age is a common thing for several years. Every government   says the speedy justice. However, justice delivers always  in the snail speed. At the time of highly technological world , why judicial system alone stays in 100 years back ? It is a good research subject.

In this case ,Salman Khan has to  spend years in Jail. Why  the  tax payers  bear the jail expenses  for a film star who is a  "crorepathi" . The star should bear the jail expense.

The star  had  no intention to kill the people .But his irrational behaviour did . He deserves  minimum  punishment .

 

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(6-05-2015)

 

Salman Khan: Bollywood star jailed for five years in hit-and-run case

• 1 hour ago
• From the section India

Salman Khan was brought to court amid a huge media scrum

An Indian court has sentenced Bollywood star Salman Khan to five years in jail for killing a homeless man in a 2002 hit-and-run driving incident in Mumbai.

The man was among five people who were run over in the incident. The actor was charged with culpable homicide.
Khan had said his driver was behind the wheel, but the judge said the actor was driving the car and was under the influence of alcohol at the time.
Legal experts expect the actor to appeal against the verdict.
He could have been jailed for 10 years.

But correspondents say the guilty verdict is a huge setback for Khan who is one of Bollywood's biggest stars, appearing in more than 80 Hindi-language films.

The actor is one of Bollywood's most bankable stars

Many fans and onlookers gathered outside his house in Mumbai

Several of his films, including Dabangg, Ready, Bodyguard, Ek Tha Tiger, Maine Pyar Kiya and Hum Aap Ke Hain Kaun, have been huge commercial hits.
On Wednesday morning, as the actor drove to court with his family and friends, fans prayed for the actor's acquittal.
But Judge DW Deshpande found him guilty on the charge of culpable homicide.
"You were driving the car; you were under the influence of alcohol," he told the actor as soon as the court proceedings began.
Indian television channels reported the actor broke down inside court as the guilty verdict was announced.
Several of his Bollywood colleagues spoke out in his support and expressed their sympathies. Actress Hema Malini said she was praying for him and hoped he would escape with a light sentence.
If the actor is jailed, it will affect several big-ticket film projects he is involved in at the moment.

Driver's testimony

The case has gripped Bollywood and India for years.
Late on the night of 28 September 2002, Khan's Toyota Land Cruiser hit the American Express bakery in the Bandra area of Mumbai, authorities say.
The vehicle ran over five people sleeping on the street, killing 38-year-old Noor Ullah Khan and seriously injuring three others. Another person received minor injuries.
The prosecution alleged that Khan had been driving the car while drunk, both of which charges the actor denied in court in March.
But many witnesses disagreed.
A constable attached to Khan's security detail said in a statement to the police that the "drunk" actor had lost control of the car. The policeman died in 2007 of tuberculosis.
In April, Khan's driver told the court that he had crashed the car after a tyre burst but the court did not accept that version.

Case timeline

September 2002: Salman Khan's car runs over five people sleeping on a Mumbai street, killing a homeless man and injuring four others
October 2002: Khan charged with culpable homicide not amounting to murder - arrested but granted bail
May 2003: Court rejects his plea to drop culpable homicide charge
June 2003: Bombay high court drops culpable homicide charge; actor is then tried for rash and negligent driving
October 2007: Prime witness, a constable who served in his security detail, dies
March 2015: Khan tells the court he was not drunk and his driver was behind the wheel
May 2015: Khan found guilty, sent to jail for five years

Does Marital Rape Law make a Happy family....?

Views  : Before commenting  views, I would like to declare something personal.

 

  -  I am a married man with two kids.

  -  Qualification LLB and LLM ( Criminology)

  -  Publishing a legal news blog

  -  Respect  always   the rights of women and men.

 

 Sorry for the women activists .I have different opinion in this matter. It may be  

 disappointing to you .Better to stop the reading now.

 

 Marital Rape  happens everywhere  in India. Nobody can deny it.

The DMK MP Kanimozhi cited   the United Nations estimation that  that 75 %  of the married women in India are subjected to married rape.

 

Women activists and rights group strongly  demand that a new law for  punishing  the marital rape offenders. Several Media house is also demanding a law for preventing and punishing the offenders- Today, Times of India published an editorial also in this matter. They all pointed out that the several foreign countries have the marital rape laws UK,US and Canada. So we can also do in our country against one billion plus population.

 

Can marital rape is prevented by law?

 

Several educated people still believe that law has a magical effect and it can prevent the all kind of  social evils like Dowry, Cruelty against women ,Sexual orientation .

Dowry Prohibition act ,Domestic Violence act ,498 A section of the Indian Penal code are the  examples.

 

What is the present status of the Dowry Prohibition act ?

 

It is a  dead law . Now, nobody care about it. It was enacted in 1961 with great promise and hope. Greed is behind the Dowry system. No law can prevent the greed of the people.

Then one more strong law  provision enacted in 1983 for preventing the cruelty against the married women - 498- A .This  section is highly stringent  and non-bailable offence. Husband and in-laws can be arrested by this law.

 

What is the impact of this law ?

 

Lakh of cases were registered by the provision of this law.

People arrested across the India . The husband , Parents ,Grant Parents ,Brothers ,Sisters -all are arrested and sent to   jail.Thousands of cases are being registered in  India every year.

Recently Supreme court  declare some guidelines for preventing  the routine arrest of police . This law section  is widely misusing for several years. Two years before , Supreme court commented on this matter-"Finding the truth behind dispute is a herculean task ,Misusing the law is very common"

 

It is find that more than 10,000 cases  are  false allegation.

Now Government is considering to change the law as a bailable offence.

However, women activists are not happy against the changes of the law even though most of the victims  are women .

Anybody believes that this law prevent  any kind of cruelty against the married women?  No .

Does this law brings happiness and safety to the married women?  No.

 

Then what purpose meet this law ?  Nothing.

 

Who are the real beneficiaries of this law?

 -  Corrupt police collect lot of money as bribe.

 -  Lawyers get lot of cases and get money from  clients

 - The women and the supporting people get big  compensation and do legal 

    revenge to the husband and in-laws.

 

So what is the real condition of the Indian Married women?

 

That is real tragedy which  is ignored  by everybody. The married women are abused  sexually ,physically ,financially  and emotionally by the husbands   in India. The drunken and suspicious husbands beating them . In- laws harassing them. Usually they do not get help from their own family and government departments.  At last some of they get depressed and ended with suicide  (The suicide of  Dr. Priya  of AIMS hospital is the recent example)

\

Dead and  Uprooted laws

 

Dowry prohibition act is already dead. Leave it

Domestic violence act - That  is not functional . Love and respect cannot be  implemented by law.

498 A- This provision is not helpful for the needy women who wish  to continue

the relation. It is hard tool for breaking the marriage .It  is helpful for  breaking the marriage not for making.

Section 377 also there .

Imprisonment  range goes 10 year to life.

This provision is applicable for "unnatural  sex". It is applicable to both men and women. However, Men  the more vulnerable to this law provision

Now ,this section is being used by  some women for getting an easy divorce.

 

What will happen if  a Marital Rape law is enacted?

 

Does it stops Marital rape? No.

Does it decline the number of marital rape? No.

Any woman will ready to go court for proceeding this accusation against the partner?  No women who wish to continue the relation will not approach court or police.  It can only helpful for breaking a relation.

 

All marital related laws have very good intention. To protect the women from domestic violence ,cruelty, sexual abuse. However, all are counter productive .It will  not help the needy woman. Their sorrow ,pain and agony are   continuing .

One side , loud debate on tough laws are happening .....

On the other side, depressed women take the path of suicide without getting  timely help. What a contradictory situation?

 

What are the  Real solution ?

 

Happy family is the backbone of the every country. Make sure the happiness and satisfaction of  the family is the responsibility of the government. How it can be achieved? A family health audit should be conducted  nationally by the government.

Physical, emotional ,sexual ,financial part should be identified and analysed by this Audit. The needy family should get timely professional help to overcome issue. The all government department should be involved to help the needy family. The central and state family and welfare department can do a major role in this matter. National women Commission , women  activists and  right groups can join in this mission-"Save family &Save India" mission   .The NGOs, religious and social organisation should come forward for helping the needy family . The law should come on the second stage  as a supporting tool. Making  some uprooted laws are not a solution for making a happy and healthy family.

 

 

 

 

 

 

So law is not a remedy for the real needy people. They want a timely comprehensive support .

 

 

 

 

 

 

 

 

 

 

 

 

Centre says marital rape not a crime as marriage is sacrosanct in India, activists cry foul

CNN-IBN@ibnlive

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• 143

New Delhi: India is split down the middle and the Union Home Ministry is under fire for its remark that the concept of marital rape cannot be applied in India as marriage is treated sacred in the country.
Upping the ante against marital rape, DMK MP Kanimozhi said that it should be criminalised. "All Parliamentarians should come together on this issue. There should be a debate and India should amend its regressive laws. Marital rape should be criminalised. Our laws are obsolete."
The Home Ministry remarks came after Kanimozhi cited a United Nation estimate that 75 per cent of the married women in India are subjected to marital rape.

#marital rape #marriage #home ministry #kanimozhi

Even though there have been massive protests against rape all over the country in the last few years, the stand taken by the Home Ministry on married women being forced by their husbands to have sexual relationship with them against their will is seen as a regressive step. It sends out a message that the government considers illiteracy, poverty and the sacrament of marriage more precious than the protection and safety of the women.
"There should be no limits on a woman's freedom. Women must have right to oppose force even from husband," said Delhi Women Commission Chairperson Barkha Singh.
The issue was discussed in the Rajya Sabha on Wednesday when Kanimozhi raised it and asked a written question on the topic. Replying to Kanimozi, Minister of State for Home Affairs Haribhai Parthibhai Chaudhary said, "It is considered that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors, including level of education, illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society to treat the marriage as a sacrament."
Hitting out at Chaudhary, former Additional Solicitor General Indira Jaising said, "There is a need to amend the law. Rape is rape. The reason cited by the minister is incorrect and wrong."
In fact even the judiciary is of the view that a husband can have forced sex with his wife. The Delhi High Court in February 2015 refused to entertain a PIL challenging a provision in the penal law which does not consider rape as the sexual intercourse of a man with his wife who is a minor noting that a similar matter has been junked by the apex court.
A bench headed by Chief Justice G Rohini and Justice RS Endlaw dismissed as withdrawn the plea of an NGO highlighting the exception in Section 375 of the IPC which states that sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape.
"Similar matter has been dismissed by the Supreme Court. We don't see anything into this petition," the bench said after which the NGO withdrew its plea.
Rit Foundation had submitted that the exception in section 375 was brought by way of the Criminal Law Amendment Act of 2013, which was enacted after the horrific gangrape case of December 16, 2012.
In its petition, it had claimed that the exception to Section 375 of the IPC was to the extent that it grants immunity to a husband by raping his own wife, who is above age of 15 years, was unconstitutional.
It submitted that the exception was "unconstitutional and violative of the Right to Equality guaranteed to married women under Article 14 of the Constitution as it decriminalises rape when the perpetrator is the lawfully wedded husband of the victim."
It had said that even though the law made a distinction between married and unmarried woman in this case, the basis of distinction does not have any rational nexus with the object sought to be achieved by the law, which is to protect women from sexual assault.
The petition had also stated that marital rape has been criminalised in almost all major common law jurisdictions throughout the world, including in the US, the UK, South Africa and Canada.