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Denying unmarried woman right to safe abortion violates her personal autonomy: SC

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The Supreme Court on Thursday said live-in relationships have been recognised by it and denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom.

Noting said statutes have recognised the reproductive choice of a woman and her bodily integrity and autonomy and both these rights embody the notion that a choice must inhere in a woman on whether or not to bear a child, it said while allowing the examination of a 24-week pregnant unmarried woman by an AIIMS medical board to determine whether the pregnancy can be safely terminated without endangering her life.

A bench, headed by Justice D.Y. Chandrachud and comprising Justices Surya Kant and A.S. Bopanna, said: “A woman’s right to reproductive choice is an inseparable part of her personal liberty under Article 21 of Constitution. She has a sacrosanct right to bodily integrity.

“Denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom. Live-in relationships have been recognised by this court.”

The bench said letting an unmarried woman suffer an unwanted pregnancy will be contrary to the object and spirit of the Medical Termination of Pregnancy (MTP) Act.

The bench said that the Parliament, by amending the MTP Act through Act 8 of 2021, intended to include unmarried women and single women within the ambit of the Act. This is evident from the replacement of the word ‘husband’ with ‘partner’ in explanation I of Section 3(2) of the Act, it added.

“Moreover, allowing the petitioner to terminate her pregnancy, on a proper interpretation of the statute, prima facie, falls within the ambit of the statute and the petitioner should not be denied the benefit on the ground that she is an unmarried woman,” it said.

The bench said the distinction between a married and unmarried woman does not bear a nexus to the basic purpose and object which is sought to be achieved by Parliament which is conveyed specifically by the provisions of Explanation 1 to Section 3 of the Act.

As the petitioner had moved the Delhi High Court before she had completed 24 weeks of pregnancy, the bench said the delay in the judicial process cannot work to her prejudice.

The top court asked the AIIMS, Delhi, Director to constitute a medical board in terms of the provisions of Section 3(2D) of the Act.

“In the event that the medical board concludes that the foetus can be aborted without danger to the life of the petitioner, a team of doctors at the AIIMS shall carry out the abortion in terms of the request which has been made before the High Court,” it said.

Citing the MTP amendment 2021, the bench said the parliamentary intent is clearly not to confine the beneficial provisions of the MTP Act only to a situation involving a matrimonial relationship. “On the contrary, a reference to the expression ‘any woman or her partner’ would indicate that a broad meaning and intent has been intended to be ascribed by Parliament. The statute has recognized the reproductive choice of a woman and her bodily integrity and autonomy,” it added.

The bench observed that both these rights embody the notion that a choice must inhere in a woman on whether or not to bear a child. “In recognising the right, the legislature has not intended to make a distinction between a married and unmarried woman, in her ability to make a decision on whether or not to bear the child,” it said.

The bench said prima facie, quite apart from the issue of constitutionality which has been addressed before the high court, it appears that it has taken an unduly restrictive view of the provisions of clause (c) of Rule 3B. “Clause (c) speaks of a change of marital status during an ongoing pregnancy and is followed in parenthesis by the words ‘widowhood and divorce’. The expression ‘change of marital status’ should be given a purposive rather than a restrictive interpretation. The expressions ‘widowhood and divorce’ need not be construed to be exhaustive of the category which precedes it,” it said.

On July 16, the Delhi High Court, while refusing to entertain a plea seeking termination of a 23-week pregnancy, observed that the petitioner, a 25-year-old unmarried Manipuri woman, whose pregnancy arises out of a consensual relationship, is clearly not covered by any of the clauses under the Medical Termination of Pregnancy Rules, 2003. The woman stated in her plea that she cannot give birth to the child as she is an unmarried woman and her partner has refused to marry her.

It further stated that giving birth out of wedlock will entail in her ostracisation and cause her mental agony. As she is solely a B.A. graduate who is non-working, she will not be able to raise and handle the child, the woman submitted in her petition, stating that she is not mentally prepared to be a mother and continuing with the pregnancy will lead to grave physical and mental injury for her.

The woman moved the top court, which entertained her plea, challenging this high court order.

Crime

Operation VISTA 1.0: Delhi Police arrest seven Bangladeshi nationals for violating visa conditions

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New Delhi, Aug 11: In a major crackdown on foreign nationals violating immigration norms, the Anti-Auto Theft Squad (AATS) of Delhi Police’s Central District successfully carried out “Operation VISTA 1.0” (Visa Status Verification), leading to the apprehension of seven Bangladeshi nationals for violating the conditions of their visas and overstaying in India beyond the permissible period.

The operation was launched as part of an ongoing drive to identify foreign nationals residing illegally in the national capital by overstaying or breaching visa regulations. During the special verification campaign, police teams conducted extensive checks at hotels, guest houses, and other establishments accommodating foreign nationals across the Central District.

According to Delhi Police, the operation gained momentum when a police team patrolling the Nabi Karim area received specific information from a reliable source that several Bangladeshi nationals whose visas had expired were residing illegally there. Acting on the information, the police apprehended one individual, identified as MD Nazrul Islam Foisal, a resident of Noakhali district in Bangladesh.

During questioning, Foisal disclosed that he was a Bangladeshi national residing in the Nabi Karim area. He produced his Bangladeshi passport, which was verified on the spot. Police found that his passport had been issued on February 8, and that his authorised stay in India was valid only until August 7. However, he was found residing in the country beyond the permitted period without obtaining any extension or authorisation from the competent authorities.

During sustained interrogation, Foisal revealed that several other Bangladeshi nationals were also living in Delhi after violating the conditions of their visas. The information was immediately shared with Inspector Sandeep Dabas, In-Charge of AATS, Central District, who directed the formation of a dedicated team to verify the information and take necessary action.

Based on the disclosure, police teams conducted raids at multiple locations in Delhi, including Madanpur Khaddar and Janta Flats in Sarita Vihar. During the raids, six more Bangladeshi nationals were located and apprehended. Their passports, visas and travel documents were thoroughly examined.

Verification of their immigration records revealed that all seven individuals had entered India legally on Double Entry Visas. Under the conditions of these visas, each visitor was permitted to stay in India for a maximum of 15 days per visit. However, despite the validity of their visas, all seven had exceeded the permissible duration of stay without obtaining any extension or authorisation from the authorities.

Police said the violation constituted a breach of visa conditions and attracted legal action under the applicable provisions governing the stay of foreign nationals in India.

Following verification, all seven Bangladeshi nationals were produced before the Foreigners Regional Registration Office (FRRO), which initiated legal proceedings against them. The FRRO subsequently issued Restriction Orders directing that the individuals be detained pending deportation proceedings.

The seven apprehended individuals have been identified as MD Nazrul Islam Foisal, 26, Mohammad Amjad Hossen, 26, Moinul Hossain, 24, Alamin, 25, MD Kawasae Ali, 25, Amran Hossain, 29, and Afranul Haque Bhuyan Sami, 23, all residents of different districts of Bangladesh.

During interrogation, the accused admitted that they had entered India on valid Double Entry Visas and were residing in various parts of Central and South Delhi. Detailed scrutiny of their travel documents established that although their visas remained valid, they had violated the mandatory condition restricting each stay to a maximum of 15 days.

Police officials said all facts were cross-verified with immigration records before legal action was initiated. The authorities emphasised that the action was taken strictly in accordance with immigration laws and established procedures.

As part of the proceedings, police seized and verified seven Bangladeshi passports, seven Indian Double Entry Visas and seven mobile phones. These documents have been taken into possession for verification and further legal action.

The apprehended individuals have been shifted to the Detention Centre at Sewa Dham, Shahzada Bagh, Sarai Rohilla, where they will remain until the completion of deportation formalities.

Police further stated that no previous criminal involvement of any of the seven Bangladeshi nationals has come to light during verification. The present action pertains solely to violations of visa conditions arising from overstaying beyond the permissible period prescribed under their visas.

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Don’t panic, don’t run away; listen to HM Shah’s reply: BJP sharpens attack on Rahul Gandhi

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New Delhi, Aug 11: Amid the ongoing Parliament stand-off, the Bharatiya Janata Party (BJP) on Tuesday launched a scathing critique of Rahul Gandhi and the Congress party, accusing them of holding the House to ransom and exploiting the students’ protest to gain political mileage.

In a pointed attack at the Leader of Opposition (LoP), Rahul Gandhi, the BJP claimed that his arrogance was a key reason behind the Parliament logjam.

Addressing a press conference at the BJP headquarters, Sudhanshu Trivedi said the Constitution makers would never have imagined that the temple of democracy would become ‘hostage’ to whims, fancies, and the arrogant attitude of any ‘Shehzada’, a pointed reference to LoP Rahul Gandhi.

“Bhaago mat, daro mat, aur kaan kholkar .. grih mantri ka jawaab suno,” the BJP MP said in Hindi, roughly translating into “don’t run, don’t get frightened, and listen to Home Minister’s reply with open ears”.

Pinning the blame on Rahul and Congress for the Parliament washout, he said that the Opposition’s behaviour over the past few days clearly exhibited their disruption tactics and blatant bid to derail the House proceedings.

He said the government was quick and prompt in addressing the issues raised by the Opposition, but they didn’t keep their word.

“They (Opposition) have been consistently changing the goalposts. First, they demanded stern action against the paper leak mafia and strict regulations to address flaws in the NEET examinations. A new bill was approved by the Cabinet and passed by Parliament, the Education Minister stepped down from his post, and the cases against unruly elements during the Jantar Mantar demonstration were also withdrawn,” the BJP national spokesperson said.

Trivedi stated that the government also agreed to the Opposition’s demand for the Home Minister’s reply, but they decided to run away from debate.

“They insisted on Home Minister Amit Shah’s statement on the Delhi Police crackdown. The government and Home Minister are ready to give a reply in the House, but the Congress party is bent on disrupting the House by now allowing it to function,” the BJP MP pointed out, accusing them of holding the House to ransom.

Claiming that Congress has a history of ‘running away’, he stated that whenever the government readies its reply on any issue, the Opposition develops cold feet and runs away from the House. He cited previous instances, including the Prime Minister’s reply on the Manipur crisis.

“You must not be frightened; you must not run away from debate. You are neither going to Ranchi, nor are you listening to debate that you are demanding,” he said.

Further taking a swipe at ‘Chhattron ki Goonj’, a Congress event to mobilise students’ anger over paper leaks, Trivedi said that the agony and pain of protesting students was not audible to Rahul and the Congress party because of their duplicity.

“Congress party is least worried about the causes and interests of students and is rather milking the issue for political point-scoring, and their leader (Rahul Gandhi) is leaving no opportunity to hold the House to ransom,” he said.

“When Parliament session is underway, he runs away from the House, and after the session is over, he heads on jaunts at foreign locations,” said Trivedi in a bitter taunt.

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Mixed response to Jharkhand bandh, ABVP workers held during protest in Ranchi

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Ranchi : The bandh called by the BJP across Jharkhand and the Assembly gherao programme organised by the Akhil Bharatiya Vidyarthi Parishad (ABVP) in Ranchi on Tuesday, in protest against the police lathicharge on students agitating over alleged irregularities in the JPSC and JSSC recruitment examinations, witnessed a mixed response.

While BJP workers staged demonstrations and blocked roads at several locations in the state capital, ABVP activists attempting to march towards the Jharkhand Assembly were stopped and detained by the police.

Despite sporadic disruptions, normal life remained largely unaffected in many parts of Ranchi during the morning hours. Most commercial establishments stayed open and vehicular movement was largely smooth across the city.

From around 8 a.m., BJP workers took to the streets in several localities, urging traders to down shutters in support of the bandh. Road blockades were reported from Kanke Road, Ratu Road, Harmu Chowk, Argora Chowk, Bodeya and near the CMPDI gate.

Protesters also burnt tyres at several places, disrupting traffic for brief periods before police personnel cleared the roads and restored movement.

In Namkum, BJP workers staged a sit-in protest at Bazaar Chowk around 11 a.m. and blocked the Ranchi-Jamshedpur highway after burning tyres. Police later detained the protesters and removed the blockade, resulting in long queues of vehicles on both sides of the highway.

A similar protest was organised in Lowadih under the leadership of BJP Mandal president Ashok Gop. According to police, 11 bandh supporters were detained from Lowadih and 17 from Namkum and taken to the local police station.

However, the impact of the bandh was uneven across the state capital. Markets remained open and traffic moved normally in several areas, including Main Road, Bariatu and Morabadi.

Meanwhile, the ABVP’s Assembly gherao programme saw activists from across the state gather near the old Assembly complex to protest Monday’s police action against students associated with the JPSC-JSSC movement.

Sloganeering activists sat on the road and attempted to proceed towards the Assembly premises, but were stopped by police.

A brief scuffle ensued between protesters and security personnel during the standoff.

Police subsequently detained the activists and escorted them into buses. In a dramatic show of protest, some student leaders climbed onto bus roofs and continued raising slogans, while others lay down on the road in front of and behind the vehicles.

Outside Ranchi, the bandh had a more pronounced impact in several districts, including Hazaribagh, Palamu, Giridih and Chatra, where BJP workers organised demonstrations and road blockades, affecting vehicular movement.

In Palamu district, BJP workers blocked roads at Chhahmuhan and Redma Chowk in Daltonganj from the early hours of the morning. BJP’s Palamu district president Amit Tiwari accused the state government of endangering the future of the state’s youth through alleged irregularities in recruitment examinations.

In Simdega, party workers blocked National Highway-143 at multiple locations, including Biru, disrupting traffic. Similar road blockades were reported from Dhanwar in Giridih district and Pratappur in Chatra district. Demonstrations backing the bandh were also reported from several other parts of the state.

The bandh call came a day after clashes erupted between students and police during a march towards the Jharkhand Assembly. Thousands of students had gathered on Monday demanding cancellation of the disputed JPSC and JSSC examinations, reforms in the recruitment process, and a CBI probe into the alleged irregularities.

Police had erected multiple barricades to prevent protesters from advancing towards the Assembly. Water cannons and tear gas were used to disperse the crowd, following which a lathicharge was carried out. Several students and police personnel were reportedly injured in the confrontation.

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