Connect with us

National

Can’t force victim of rape to give birth to child of rapist: Kerala HC

Published

on

Can’t force victim of rape to give birth to child of rapist: Kerala HC

Kochi, May 6 (IANS) The Kerala High Court has ruled that a rape victim cannot be forced to give birth to the child of a man who raped her.

“Section 3(2) of the Medical Termination of Pregnancy Act, provides that if the continuance of the pregnancy would cause grave injury to the physical or mental health of the pregnant woman, the pregnancy can be terminated.

“Explanation 2 of Section 3 (2) says that where the pregnancy was caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. Hence, a rape victim cannot be forced to give birth to a child of a man who sexually assaulted her.

“Declining permission to a rape victim to medically terminate her unwanted pregnancy would amount to forcing her with the responsibility of motherhood and denying her human right to live with dignity, which forms a significant part of the Right of Life guaranteed under Article 21 of the Constitution,” said the High Court.

ALSO READ:  Military leaders need to adapt to changing character of war: CDS Gen Anil Chauhan

The High Court further pointed out that “pregnancy outside marriage, in most cases, is injurious, particularly after sexual abuse and is a cause for trauma affecting both physical and mental health of the pregnant woman, the victim. Sexual assault or abuse of a woman is itself distressing and the resultant pregnancy compounds the injury. This is because such a pregnancy is not a voluntary or mindful pregnancy.”

The court gave this direction on a petition moved by a 16-year-old rape survivor through her mother. It was alleged that when the girl was studying in the 9th standard, she was sexually abused by her 19-year-old “lover” and became pregnant.

Since the MTP Act only allows termination of pregnancy until the 24th week (except in certain circumstances) the mother and minor girl approached the court seeking permission to medically terminate her 28-week pregnancy.

The court pointed out that, “Reproductive rights include the right to choose whether and when to have children, the right to choose the number of children and the right to access to safe and legal abortions.”

ALSO READ:  Delhi HC orders removal of defamatory images of Bihar BJP MLA from all media platforms and search engines

The court went through the report of the Medical Board formed to examine the pregnant girl which was of the view that continuation of the pregnancy may be detrimental to her mental and physical health.

After noting this, the court granted her permission to terminate the pregnancy and also added that if the foetus is found to be alive after the procedure, the hospital must care for it and directed the state to take charge besides offer medical aid to the child in keeping with the provisions of the Juvenile Justice (Care and Protection of Children) Act.

–IANS

sg/rad

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

National

Defence Ministry: Year 2025 will be year of reforms

Published

on

rajnath singh with armed forces chief

On Wednesday, the Defence Ministry announced that 2025 will be designated as the “Year of Reforms,” with a primary focus on establishing integrated theatre commands to enhance collaboration among the three branches of the military.

These reforms are aimed at transforming the armed forces into a technologically advanced, combat-ready force capable of executing multi-domain integrated operations, the ministry stated.

The initiative will emphasize emerging domains such as cyber and space, alongside cutting-edge technologies like artificial intelligence, machine learning, hypersonics, and robotics.

Defence Minister Rajnath Singh described the “Year of Reforms” as a pivotal milestone in the modernization of the armed forces.

“It will set the stage for significant advancements in the nation’s defense capabilities, ensuring the security and sovereignty of India in the face of 21st-century challenges,” he said.

ALSO READ:  Manipur assembly goes digital, all proceedings to be paperless
Continue Reading

National

A 3.2 magnitude tremor struck Gujarat’s Kutch district on Wednesday morning

Published

on

A 3.2 magnitude tremor struck Gujarat’s Kutch district on Wednesday morning, according to the Institute of Seismological Research (ISR).

The district administration reported no casualties or property damage following the quake.

The tremor occurred at 10:24 am, with its epicenter located 23 kilometers north-northeast (NNE) of Bhachau, as per the Gandhinagar-based ISR.

Last month, the region experienced four seismic events exceeding a magnitude of 3, including a 3.2 magnitude tremor just three days ago, with its epicenter also near Bhachau.

Earlier tremors in the area included a 3.7 magnitude earthquake on December 23 and a 3.2 magnitude event on December 7, according to ISR reports.

Kutch was also jolted by a 4.0 magnitude earthquake on November 18, 2024. On November 15, a 4.2 magnitude quake hit Patan in north Gujarat, based on ISR data.

Gujarat is considered a high-risk earthquake zone, having experienced nine major earthquakes over the past 200 years, according to the Gujarat State Disaster Management Authority (GSDMA). The 2001 earthquake in Kutch, which occurred on January 26, was the third-largest and second-most destructive in India in the last two centuries, according to the GSDMA.

ALSO READ:  Constituency Watch: Mumbai South a fight between two Shiv Sainiks with an eye on Marathi Manoos
Continue Reading

National

Diljit Dosanjh faces legal action over concert songs

Published

on

Singer and actor Diljit Dosanjh’s much-anticipated New Year’s Eve concert in Ludhiana faced legal hurdles after a complaint was filed by Punditrao Dharenavar, an assistant professor from Chandigarh.

Following the complaint, the Deputy Director of the Women and Child Department, Government of Punjab, issued a formal notice to Ludhiana’s District Commissioner, urging them to prohibit Dosanjh from performing specific songs during his live show on December 31, 2024.

The notice specifically targets songs accused of promoting alcohol, including Patiala Peg, 5 Tara Theke, and Case (Jeeb Vicho Feem Labbiya), even if the lyrics are slightly modified. The complaint points to previous warnings issued to Dosanjh by various commissions advising against performing these controversial tracks.

Despite these warnings, the singer allegedly continues to perform the songs with minor alterations. Dharenavar raised serious concerns about the influence of such music on young audiences, especially when minors are present at live events.

Adding to the controversy, Dharenavar referenced a 2019 Punjab and Haryana High Court ruling, which directed law enforcement to ensure that songs promoting alcohol, drugs, or violence are not played at public events, including concerts. This ruling underscores the legal basis for the complaint and has further intensified the scrutiny surrounding the event.

ALSO READ:  "Siddaramaiah govt responsible for lowering K'taka quota to 3.64% in 15th Finance Commission"
Continue Reading

National

UP Minister’s convoy overturns, 5 person injured

Published

on

UP Minister’s convoy overturns, 5 person injured

Five people sustained injuries when a vehicle in the convoy of Uttar Pradesh Minister and Nishad Party chief Sanjay Nishad overturned into a ditch near Januan village in the Khejuri Police Station area of Ballia district late last night.

Sanjay Nishad shared details of the incident, stating that the accident injured five party workers, including four women.

“I was traveling with the convoy to participate in the Constitutional Rights Yatra organized by the party on Tuesday night. Near Januan village in the Khejuri area, one of the vehicles following the convoy lost control while trying to avoid an animal and overturned into a ditch,” Nishad explained.

The injured individuals have been identified as Rakesh Nishad, Ramrati, Usha, Geeta, and Iravati Nishad.

Senior police and administrative officials quickly arrived at the scene following the incident to oversee the situation.

ALSO READ:  Manipur assembly goes digital, all proceedings to be paperless
Continue Reading

National

Suchir Balaji’s mother alleges Murder

Published

on

Suchir Balaji’s mother alleges Murder

The mother of Suchir Balaji, a 26-year-old former OpenAI researcher found dead after accusing the company of copyright violations, has alleged that her son was “murdered” and called for a Federal Bureau of Investigation (FBI) probe.

Poornima Rao, Suchir’s mother, claimed her son’s death was a “cold-blooded murder” that authorities wrongly ruled as suicide. She further disclosed that a private autopsy report conflicted with the findings of the initial police investigation.

Rao alleged that her son’s apartment had been “ransacked” and cited evidence of a struggle in the bathroom, including bloodstains that suggested he had been assaulted.

“We hired a private investigator and conducted a second autopsy to uncover the truth. The private autopsy does not confirm the cause of death stated by the police. Suchir’s apartment was ransacked, there were signs of a struggle in the bathroom, and it appears he was hit based on blood spots. This is a cold-blooded murder being misclassified as a suicide. Lobbying in San Francisco won’t deter us from seeking justice. We demand an FBI investigation,” Rao wrote on X.

ALSO READ:  'Right to life encompasses quality of life': Delhi HC allows excise policy case accused Mahendru to undergo surgery

Elon Musk reacted to Rao’s post, commenting, “This doesn’t seem like a suicide.”

Balaji was discovered dead in his San Francisco apartment months after accusing OpenAI of violating copyright laws during the development of ChatGPT, as reported by Fox News. Despite these claims, the San Francisco Police Department found no evidence of foul play and ruled the death a suicide.

On October 24, shortly before his death, Balaji voiced doubts about the “fair use” defense in generative artificial intelligence. “I recently participated in a NYT story about fair use and generative AI, and why I’m skeptical ‘fair use’ would be a plausible defense for a lot of generative AI products,” he wrote on X.

Continue Reading

Trending