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Rape to include marital rape for purpose of Medical Termination of Pregnancy Act: SC

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The Supreme Court on Thursday said that all women, including the unmarried, are entitled to safe and legal abortion, and also the meaning of rape must be understood as including marital rape, solely for the purposes of the Medical Termination of Pregnancy (MTP) Act and any rules and regulations framed thereunder.

And, married women may also form part of the class of survivors of sexual assault or rape, it added.

A bench, headed by Justice D.Y. Chandrachud, said it is not inconceivable that married women become pregnant as a result of their husbands having “raped” them and the nature of sexual violence and the contours of consent do not undergo a transformation when one decides to marry.

“The institution of marriage does not influence the answer to the question of whether a woman has consented to sexual relations. If the woman is in an abusive relationship, she may face great difficulty in accessing medical resources or consulting doctors,” it added.

The bench, also comprising Justices A.S. Bopanna and J.B. Pardiwala, said the state has a positive obligation under Article 21 of the Constitution to protect the right to health, and particularly reproductive health of individuals.

“Married women may also form part of the class of survivors of sexual assault or rapea… A woman may become pregnant as a result of non-consensual sexual intercourse performed upon her by her husband. We would be remiss in not recognising that intimate partner violence is a reality and can take the form of rape,” said Justice Chandrachud, who authored the judgment on behalf of the bench.

It added that the misconception that strangers are exclusively or almost exclusively responsible for sex- and gender-based violence is a deeply regrettable one.

The bench said that there is no requirement that an FIR must be registered or the allegation of rape must be proved in a court of law or some other forum before it can be considered true for the purposes of the MTP Act.

Emphasising that the right to dignity encapsulates the right of every individual to be treated as a self-governing entity having intrinsic value, it added that in the context of abortion, the right to dignity entails recognising the competence and authority of every woman to take reproductive decisions, including the decision to terminate the pregnancy.

“The right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity. Deprivation of access to reproductive healthcare or emotional and physical wellbeing also injures the dignity of women,” it added.

Justice Chandrachud said if women with unwanted pregnancies are forced to carry their pregnancies to term, the state would be stripping them of the right to determine the immediate and long-term path their lives would take.

“Depriving women of autonomy not only over their bodies but also over their lives would be an affront to their dignity. The right to choose for oneself – be it as significant as choosing the course of one’s life or as mundane as one’s day-to-day activities – forms a part of the right to dignity,” he added, in the 75-page verdict.

The bench said the law should not decide the beneficiaries of a statute based on narrow patriarchal principles about what constitutes “permissible sex”, which create invidious classifications and excludes groups based on their personal circumstances.

“The rights of reproductive autonomy, dignity, and privacy under Article 21 give an unmarried woman the right of choice on whether or not to bear a child, on a similar footing of a married woman, “it added.

The object of Section 3(2)(b) of the MTP Act read with Rule 3B is to provide for abortions between 20 and 24 weeks, rendered unwanted due to a change in the material circumstances of women.

“In view of the object, there is no rationale for excluding unmarried or single women (who face a change in their material circumstances) from the ambit of Rule 3B. A narrow interpretation of Rule 3B, limited only to married women, would render the provision discriminatory towards unmarried women and violative of Article 14 of the Constitution,” said Justice Chandrachud.

The bench said importantly, it is the woman alone who has the right over her body and is the ultimate decisionmaker on the question of whether she wants to undergo an abortion. “In order to avail the benefit of Rule 3B(a), the woman need not necessarily seek recourse to formal legal proceedings to prove the factum of sexual assault, rape or incest,” said the bench.

On July 21, the top court had allowed a 25-year-old to abort her 24-week pregnancy arising out of a consensual relationship. In the judgment, the top court dealt with various aspects of the issue, including forced pregnancy. The woman had moved challenged the Delhi High Court, which refused to entertain her request to terminate her 24-week foetus, under Rule 3B, dealing with categories of women entitled to abortion, of the MTP Rules, 2003.

Crime

16 Bangladeshis, including 7 minors, apprehended in East Delhi

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New Delhi, June 2: In a drive against Bangladeshis illegally living in Delhi, the city police rounded up 16 persons, including seven children, from the Seemapuri area, an official said on Monday.

Deputy Commissioner of Police (Shahdara), Prashant Gautam, said the apprehended Bangladeshi nationals revealed that they had crossed into India approximately 18-19 years ago under the cover of darkness.

“They illegally entered India due to extreme poverty and a lack of livelihood opportunities in their native villages, located 40-50 km from the India-Bangladesh border in West Bengal,” he said.

The DCP said the arrests were made by a joint team of the Foreigner Cell and special staff of Shahdara after receiving a tip-off last month.

Those arrested include four men and five women, he said, adding that after entering India they initially stayed in the Cooch Behar area.

DCP Gautam said that from there, they travelled by train to New Delhi in search of better employment opportunities.

“Eventually, they moved to Haryana and began working in the rural areas, particularly at brick kilns, where they were involved in brickmaking,” he said.

These kilns are located away from main villages and residential areas, which allowed them to live in hiding without attracting attention, he said.

“No government agency had conducted any verification or background checks on them during this time. The brick kiln owners, driven by the motive of engaging low-cost labour, employed them without documentation,” he said.

Over time, they settled in the area, raised families, and continued to live and work without legal status or scrutiny, he said.

DCP Gautam said that on May 30, the Foreigner Cell of the Shahdara District received information regarding the presence of illegal Bangladeshi nationals attempting to enter the Seemapuri area.

“The tip-off indicated that a group of individuals was moving across the Uttar Pradesh-Delhi border near Shaheed Nagar,” he said.

The arrests were made by a joint team of Foreigner Cell and Special Staff comprising SI Shaji John, ASI Gajender, ASI Johar, ASI Nazir, Head Constable Arun, Head Constable Siddharth, Head Constable Yoginder, Head Constable Amit, Head Constable Vijay, Head Constable Anuj, Woman Head Constable Geeta, Woman Head Constable Manju, Woman Head Constable Renu and Constable Aman led by Inspector Munish Kumar I/C Special Staff & Foreigner Cell under the supervision of Gurudev Singh, ACP/Operations.

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SC refuses to stay demolitions in Delhi’s Batla House, next hearing in July

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New Delhi, June 2: The Supreme Court on Monday did not pass any interim orders on staying the proposed demolitions in the national capital’s Batla House.

A Bench of Justices Sanjay Karol and Satish Chandra Sharma told the residents, who had received 15-day eviction notices and apprehended imminent demolition, that they are free to avail remedies available under the law.

The Justice Karol-led Bench directed that the matter be listed before the regular Bench for hearing in July.

The litigants claimed that they were “genuine residents” and “property owners” of Khasra Nos. 271 and 279 in Batla House. They stated that their homes fall within the area now sought to be demolished on the purported ground of being outside the PM-UDAY Scheme coverage, despite having valid title documents, proof of continuous possession since before 2014, and eligibility under the Recognition of Property Rights Act, 2019.

Any blanket demolition drive initiated without affording affected residents an adequate and meaningful opportunity of being heard would amount to a gross infraction of the principles of natural justice and a direct violation of fundamental rights enshrined under the Constitution of India, said the plea filed through advocate Adeel Ahmed.

Underscoring the need for a fair, humane, and judicious approach before any coercive action is undertaken, the plea stated that applicants have been residing peacefully in the area in question for several decades, forming a stable and law-abiding community.

It added that the 15-day eviction notices were mechanically applied to residents and properties which are neither part of Khasra No. 271 nor identified in any report as being outside the scope of regularisation.

In spite of their legitimate claims, these residents have been denied an opportunity to be heard, and are now at imminent risk of displacement, said the application filed before the top court.

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Maharashtra: Major scam in twin tunnel and elevated road projects, allege Shiv Sena-UBT and Congress

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Mumbai, May 31: The opposition Shiv Sena-UBT and Congress in Maharashtra have claimed that there is a major scam in the Thane-Godbunder-Bhayander twin tunnel and elevated road projects estimated together at Rs 14,000 crore.

“Will Deputy Chief Minister Eknath Shinde be removed from the government and an investigation conducted into this scam?” SS-UBT leader Aaditya Thackeray said at a press conference while criticising the state government after the Mumbai Metropolitan Region Development Authority (MMRDA) told the Supreme Court during a hearing on a petition filed by the infrastructure major L&T that both the tenders would be scrapped, and a fresh tender process would be initiated only to safeguard larger public interest.

“I congratulate the court… I also congratulate the contractor L&T. No political interference is needed. I had brought this news to the fore last year also,” Aaditya Thackeray said on Saturday.

“The cost of the twin projects was expected to be Rs 14,000 crore and, on the other hand, the contract process was to be completed in 20 days. There is a short tender notice for landslides, broken walls. But how can there be a short notice for this big project? When they (L&T) went to court, MMRDA said that they are giving a contract period of 60 days instead of 20 days,” he claimed.

“It all started for a favourite contractor. At that time, I didn’t think it would be such a big scam. There was a settlement against the government for a contract. But today’s (court) case has given me confidence that ‘Satyamev Jayate’ will prevail. It was clear that this was a scam. Just because the contract was canceled later on the orders of the court doesn’t mean it wasn’t a scam.

“The ED and IT-D are being pushed aside. I ask the Chief Minister – are you going to investigate the ‘corrupt Nath’ Shinde? He must have taken bribes, given threats. Fadnavis says we need clean governance. Shinde holds the urban development department… he gives orders to commit scams. Will you investigate him? Are you going to expel him?” Aaditya Thackeray questioned.

He claimed that Fadnavis does not need Shinde as Ajit Pawar is with him. “So will the probe be conducted by keeping aside Shinde?” he wondered.

On the other hand, Maharashtra Pradesh Congress Committee president Harshwardhan Sapkal claimed that there was corruption of Rs 3,000 crore in the Thane-Godbunder-Bhayander twin tunnel and elevated road projects. He also accused CM Devendra Fadnavis and his deputy Eknath Shinde of taking bribes in these projects.

“The matter does not end with the cancellation of the tender by MMRDA as the issue is about corruption. Devendra Fadnavis and Eknath Shinde have created a corridor of corruption in the state and there is a circle of state undertakings including MMRDA, MHADA (Maharashtra Housing and Area Development Authority), CIDCO (City and Industrial Development Corporation) and SRA (Slum Rehabilitation Authority) for this purpose. This circle of corruption has been quite active since Eknath Shinde became the Chief Minister. For this, favourite officers are appointed and through this, the favourite contractor scheme is implemented,” alleged Sapkal.

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