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Thursday,29-September-2022

National News

Ex-Karnataka CM Yediyurappa gets bail in de-notification case

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A special court on Saturday granted bail to former Karnataka Chief Minister B.S. Yediyurappa in the Bellandur de-notification case.

Yediyurappa had appeared before the court here on Friday regarding the case. His counsel had moved a petition seeking bail for the BJP strongman.

The court had directed the prosecution to submit objections.

The petition against Yediyurappa was filed by Vasudeva Reddy, a resident of Bengaluru, in 2013.

He had alleged that Yediyurappa during his tenure as the Deputy Chief Minister, had de-notified 4.30 acres of land which was acquired for IT Park by the Karnataka Area Industrial Development Board (KIADB).

Earlier, the Special Court in Bengaluru had ordered the registration of a criminal case against the BJP strongman in March.

The Special Judge B. Jayantha Kumar had issued summons regarding the case lodged against him in 2013.

The judge had stated that there was sufficient material to register a special criminal case against the accused.

The court observed that the complainant had made a prima facie case against the accused. The notification has been done despite the opinion of Karnataka Industrial Area Development Board (KIADB) CEO, the law department, the Advocate General and the Additional Secretary (Mines) not to de-notify the land, the court had observed.

“It can’t be said that Yediyurappa has done the de-notification in exercise of his lawful powers,” the court said.

His bail comes as a big relief in the wake of the 2023 Assembly elections.

Yediyurappa is throwing his weight behind his son Vijayendra and trying hard to secure a position in the party.

After the denial of ticket to Vijayendra for the MLC elections, Yediyurappa had announced that his son would contest elections.

National News

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.

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PFI had branches abroad with different names: Sources

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Banned Popular Front of India had its branches in other countries and each had a different name, sources have revealed.

The PFI was active in Kuwait under the name of ‘Kuwait India Social Forum (KISF)’. Sources in the National Investigation Agency (NIA) claimed that the KISF used to collect yearly membership fees from its members to support the activities of PFI in India.

The agencies have learnt that the Emirates Indian Fraternity Forum (EIFF) and Indian Cultural Society, which are based in Dubai, were PFI branches.

The PFI’s members used to send money into NRI accounts based in India. Later, they would transfer the amounts to the accounts of the PFI members, who would make the withdrawals.

The transactions were being done in violation of FERA as per the Enforcement Directorate (ED).

The PFI members also used to go to the UAE to meet their associates. The agencies have learnt that the PFI had been receiving foreign funding in the name of Haj.

The sources also said that the PFI’s cadre are worldwide and they were pushing the core agenda of the banned outfit through different means.

Another alleged radical organisation, Dawat-e-Islamia is also functioning in the PFI’s style and there are possibilities that a number of PFI cadre might join this organisation.

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Digvijaya to file nomination for Cong prez polls

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Congress leader Digvijaya Singh will file nomination for the post of the party president for which election is scheduled to be held on October 17.

He took his nomination form from the party’s Central Election Authority (CEA) earlier in the day.

Sources close to Singh on Wednesday said the decision to contest the polls is his personal one, adding that nobody from the Gandhi family asked him to do so.

The former Madhya Pradesh Chief Minister may file the nomination by September 30, which is the last date for nominations.

Congress’ initial plan was to field Chief Minister Ashok Gehlot for the top party post, but the high-octane drama in Rajasthan has miffed the Gandhis. Gehlot is in Delhi and has met Mukul Wasnik, but the suspense over his candidature continues.

Sources in the know of things said, “Gehlot has not been ruled out from the race yet”.

Congress treasurer Pawan Kumar Bansal has taken a nomination form from the CEA. On his part, Bansal said he is only a proposer and not a candidate.

CEA chairman Madhusudan Mistry on Tuesday had said: “Till now, Shashi Tharoor and Pawan Bansal have taken nomination forms from the CEA.”

Senior Congress leader Kamal Nath whose name had also come up and had met Congress interim President Sonia Gandhi on Monday, said that he did not want to become the party chief, and wants to continue to work for the party in Madhya Pradesh.

The drama in Rajasthan has made the Congress leadership think about a ‘Plan B’ for the top party post for which Gehlot was being seen as a contender. However, the open defiance by his MLAs loyal to him brought him under a cloud.

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