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

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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.

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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.”

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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

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BJP ran away from debate in MP Assembly, says Jitu Patwari

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Bhopal, July 6 (IANS) Madhya Pradesh Congress Chief Jitu Patwari on Saturday accused Chief Minister Mohan Yadav-led BJP government of running away from the debate in the Assembly.

He claimed that the Assembly was adjourned sine die nine days before its schedule because the Congress legislators raised public issues in the House.

The monsoon session of the Madhya Pradesh Assembly that had begun in July, was adjourned sine die on July 5, while the session was scheduled to run till July 14.

“The BJP adjourned the House hurriedly because the Congress exposed their failure. Even the BJP MLAs were questioned over Nal Jal Yojana, which is why the Assembly was adjourned before its scheduled time,” Patwari said during a press conference.

He also claimed that the BJP government did not reply to 64 per cent of the questions asked during the monsoon session.

“Congress and BJP MLAs have asked a total of 4,270 questions, of which 2,756 went unanswered,” Patwari said.

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Meanwhile, the State Congress Chief targeted Chief Minister Yadav over unemployment and the law and order situation in the state.

–IANS

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Kerala HC asks Railways to manage waste on tracks

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Kochi, July 6 (IANS) The Kerala High Court has slammed Indian Railways for the waste found besides tracks and directed it to ensure proper disposal of garbage.

A Division Bench of the High Court made these observations while hearing the case that was registered by it suo motu after a fire broke out at Brahmapuram, near here and also dealing with the management of gypsum generated by Fertilizers & Chemicals Travancore Limited (FACT).

The court observed that Railways has a duty to prevent the disposal of waste on tracks.

It said that while the waste generated near the railway stations was managed, not much was being done to remove garbage from the side of the tracks.

The court said the main reason for this dumping was that train compartments do not have adequate garbage bins.

It further pointed out that the waste disposed on the tracks flows into water bodies causing damage to the environment.

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The court, looking into the two cases, directed Indian Railways to file an affidavit detailing the steps taken to clear the plastic waste from tracks.

On the second issue, the court expressed whether the gypsum generated could be used in road construction and asked FACT and the National Highway Authority of India to explore the possibility.

The court posted the case for further hearing on July 26.

–IANS

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Bolpur tragedy: Two persons arrested, extra-marital affair emerges

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Kolkata, July 6 (IANS) The police have arrested two persons, including a woman, in connection with the carnage at Bolpur in West Bengal’s Birbhum district which killed three members of the same family.

The woman who has been arrested in this connection is Smirti Bibi, who is the wife of Sheikh Ratan, the younger brother of Sheikh Tuta, 40, who was killed in the carnage.

Besides, Sheikh Tuta, his wife Rumpa Bibi, 30, and son Ayan Sheikh, 94, were also killed in the carnage.

Sheikh Safiqul, a quack residing in an adjacent village, with whom Smirti Bibi allegedly had an extra-marital affair, had also been arrested in connection with the incident.

Based on the complaint lodged by other members of the family, there were often quarrels in the family over an alleged extra-marital affair.

The family members as well as the neighbours of the family have informed the police that since Sheikh Tuta was vocal against this extra-marital affair, both Smirti Bibi and her paramour had developed a grudge over the deceased person.

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On early Friday morning, the room where the three deceased individuals were sleeping was set on fire.

While Rumpa Bibi and Ayan Sheikh died on Friday only after they were brought to the hospital, Sheikh Tuta died early Saturday morning.

The local police have started an investigation into the matter.

Sources said that based on statements of different persons as well as some circumstantial evidence, the two persons were arrested on Saturday.

–IANS

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Rowdy elements should be afraid of the police, says K’taka CM

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Bengaluru, June 6 (IANS) Karnataka Chief Minister Siddaramaiah said on Saturday that rowdy elements should be afraid of the police, adding that it is a shame that some policemen do not even know that the e-beat system is in place.

“Why are you given guns? Why are rowdies not afraid of it,” Siddaramaiah questioned the state police while speaking after the inauguration of the 2024 Senior Police Officers Conference at the police headquarters here.

He also released a new software on the occasion.

“Who are the drug dealers? The respective station officials know who the rowdies and real estate agents are.” He asked why it was not stopping.

He congratulated Home Minister G. Parameshwara and the Karnataka Police for maintaining law and order without communal riots in the state in the last one year.

The CM gave a clear instruction that it is mandatory for every SP-DCP-IG to visit and inspect every station in their jurisdiction as per the police manual.

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–IANS

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PM Modi congratulates Iran's new President Pezeshkian

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New Delhi, July 6 (IANS) Prime Minister Narendra Modi on Saturday congratulated Masoud Pezeshkian for his election as Iran’s new President.

“Looking forward to working closely with you to further strengthen our warm and long-standing bilateral relationship for the benefit of our people and the region,” PM Modi said in a post on X.

India-Iran partnership in various sectors, including connectivity, has expanded tremendously in recent times, especially during the tenure of Iran’s late President Seyyed Ebrahim Raisi who passed away in a helicopter crash in May this year.

India had also observed a day’s state mourning as a mark of respect to the late Iranian President and other eight people, including the country’s Foreign Minister Hossein Amir-Abdollahian, who lost their lives in the tragic accident.

It was also under India’s presidency that Iran joined the Shanghai Cooperation Organisation (SCO).

Both countries have fast-tracked infrastructure cooperation, focusing especially on the Chabahar project and the International North-South Transport Corridor (INSTC) – the 7,200 km-long multimodal trade corridor linking Russia with India via the ports of Iran.

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–IANS

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