The Canadian Parvasi - Issue 16

The International News Weekly India
October 06, 2017 | Toronto
13
Victims of sexual offences, acid
attacks must be compensated: SC
Indo-Asian News Service
India issues more medical
visas for Pakistani nationals
Indo-Asian News Service
NEW DELHI: The Supreme
Court on Thursday
directed the National Legal
Services Authority (NAL-
SA) to prepare model rules
regarding compensation to
be paid to victims of sexual
offences and acid attacks
across the country.
"We are of the opinion
that it would be appropriate
if NALSA sets up a committee
of about four-five
persons who can prepare
the model rules for victim
compensation for sexual offences
and acid attack... " a
bench of Justice Madan B.
Lokur and Justice Deepak
Gupta said.
Noting the offer of Solicitor
General Ranjit Kumar
and amicus curiae
Indira Jaising to assist the
committee to be set up by
NALSA for preparing the
model rules, the court said
that the "Chairperson or
nominee of Chairperson of
the National Commission
for Women should be associated
with the committee".
The court asked NAL-
SA to file the committee report
on or before December
31.
In another matter, the
apex court said it would
hear on December 7 matters
related to regulation
of public transport, including
app-based taxi services
after amicus curiae Indira
Jaising said that operators
of these app-based companies
were headquartered
in foreign locations and did
not submit to local jurisdiction
where their taxis were
operating.
She told the court that
Uber's operations were
stopped in London as its
operators did not submit to
the jurisdiction of authorities
there.
Referring to the Internet-based
platforms, Jaising
told the court that none
of them have offices in
India. "They have officers
overseas, like in Norway,
and you can't reach them.
They are not subjecting
themselves to local jurisdictions."
The apex court did not
accept Jaising's plea to
waive the procedure of subjecting
a 10-year-old minor,
who gave birth to a child
following sexual assault
in Chandigarh, from being
put to cross-examination
during ongoing trial in the
case. She said the fact that
the minor gave birth and
forensic evidence in the
case should be sufficient for
the trial court to decide the
matter.
However, citing the legal
rights of the accused,
the court refused to entertain
the plea and refused
to interfere with the trial
going on a day-to-day basis.
NEW DELHI: Continuing
a trend that started after a
promise made on Independence
Day this year, India
has issued medical visa for
a one-year-old Pakistani
seeking open heart surgery
and a man seeking a
liver transplant.
"We have approved
the visa request for liver
transplant surgery of your
uncle Mr Azhar Hussain
in India," External Affairs
Minister Sushma Swaraj
tweeted on Wednesday in
response to a request from
a Pakistani national Abbas
who describes himself as a
social activist and a liberal
on his Twitter handle.
Swaraj had earlier on
Tuesday night announced
medical visa for a oneyear-old
Pakistani girl.
"We are giving visa for the
open heart surgery of your
one-year-old daughter
Shireen Shiraz in India,"
she tweeted in response to
a request from the child's
mother Hira Shiraz.
So far this month, India
has issued five medical visas
for Pakistanis seeking
urgent treatment. India
had last month also issued
a medical visa to a Pakistani
child seeking open
heart surgery in India.
On Independence Day,
the External Affairs Ministry
had announced that
India would provide medical
visas to all bona fide
Pakistani patients. As ties
between the two countries
soured over various issues,
the ministry had announced
in May that only
a letter of recommendation
by then Pakistan Foreign
Affairs Advisor Sartaj Aziz
would enable a Pakistani
national to get a medical
visa for India.
The action was termed
"highly regrettable" by Islamabad,
which said that
asking for a letter from the
Foreign Affairs Advisor
violated diplomatic norms
and such a requirement
had not been prescribed
for any other country.
However, on July 18,
a patient from Pakistanadministered
Kashmir,
seeking treatment in New
Delhi for liver tumour, got
a visa. Swaraj then said
that he needed no recommendation
from the Pakistani
government for a
medical visa because the
territory "is an integral
part of India".
SC moved for lifting of cracker ban
citing cultural, religious rights
Indo-Asian News Service
New Delhi : A Chennaibased
civil rights organisation
on Thursday moved
the Supreme Court seeking
lifting of the ban on the sale
of firecrackers in the national
capital and NCR citing
"cultural and religious
rights of the Hindus and
other communities" guaranteed
under Article 25 of
the Constitution.
The lawyer for the petitioner
-- Indic Collective
Trust -- mentioned the matter
for the lifting of the ban
before the bench headed by
Justice Ranjan Gogoi.
The matter will come
up for hearing on Friday.
Temporary licence
holders too had moved the
top court for the recall of
the October 9 order banning
the sale of firecrackers
till October 31. Seeking
restoration of the September
12 order lifting the ban
on sale and stocking of
firecrackers, the Trust said
the Centre did not appear
to have placed before the
court the implication of
the ban order on the fundamental
rights of Hindus of
Sanatan Dharma and Arya
Samaj variant, Sikhs and
Jains.
The petitioner organisation
has contended that
the festival is celebrated in
the North and South of India
based on different traditions,
while retaining certain
commonalities such
as lighting of lamps, chanting
of prayers, exchange of
gifts and bursting of firecrackers.
"While in the North, the
festival marks the celebration
of the return of Lord
Ram, in the South it is celebrated
to commemorate
the victory of Lord Krishna
over Narakasura," the application
seeking the lifting
of the ban read.
Stating that "regardless
of whether these beliefs
and traditions pass muster
on the anvils of modern
secular rationalism", the
application by the Chennaibased
organisation said:
"These are nevertheless
cherished beliefs and traditions
which have been
practised for centuries."
"Consequently", the
Indic Collective Trust said
that "they form part of
the religious and cultural
rights of Indic communities
under Article 25".
The top court had by its
November 11, 2016 order
banned the sale and stocking
of firecrackers. This
ban was lifted by the top
court on September 12 this
year. However, on a plea
for the recall of the September
12 lifting order, the
top court restored the ban
till October 31, saying the
September 12 order would
come into operation from
November 1.
The top court by its October
9 order had said that
the impact of the ban on the
sale of firecrackers on the
air pollution in Delhi on
Diwali should be tested at
least once.
Sex with wife below 18 is rape,
rules Indian Supreme Court
Agencies
NEW DELHI: The Supreme
Court on Wednesday
said sex with wife below 18
years of age is rape, striking
down the provision of
criminal law that permitted
sex with wife aged between
15 and 18.
The husband is liable to
be prosecuted if the woman
files a complaint within a
year of the sexual act, the
Supreme Court said. The
landmark order comes at a
time when the apex court
is already hearing petitions
calling for marital rape to
be declared crime and a debate
over the age of consent.
The court, however,
made it clear that it was not
saying anything on the larger
issue of marital rape even
though the verdict would
have a prospective affect on
that. Rape and child marriage
laws of India disagree
on age of consent. Section
375 of the Indian Panel says
sex with a girl less than 18 is
rape but it makes an exception
allowing sex with wife
who is 15 or above, saying it
is not rape even if it is without
her consent.
A bench of Justice
Madan B. Lokur and Justice
Deepak Gupta -- in separate
but concurring judgements
-- said the exception was "arbitrary,
discriminatory and
capricious".
Justice Lokur said the
exception has no rational
nexus with the objective
sought to be achieved by the
different statutes.
Describing as artificial
the distinction between
minor girl and a minor girl
in child marriage, Justice
Lokur said it was contrary
to the philosophy of many
statutes like Prohibition
of Child Marriage Act and
Protection of Children from
Sexual Offences Act.
The court also urged the
Centre and the state governments
to take proactive
steps to discourage child
marriages.
Justice Gupta said the
exception carved out in Section
375 of the Indian Penal
Code was violative of Article
14, ArticLe 15 and Article
21 of the Constitution.