West Bengal passes anti-rape Bill; aims at quick probe, fast justice delivery, enhanced punishment

News Network
September 3, 2024

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The West Bengal Assembly on September 3 unanimously passed the state anti-rape Bill after Opposition lend full support to it.

The anti-rape Bill aims at quick investigation, fast justice delivery and enhanced punishment, Bengal CM Mamata Banerjee said in assembly.

The proposed amendments to the Bill moved by Leader of Opposition Suvendu Adhikari, were, however, not accepted by the House. The Bill was tabled by state Law Minister Moloy Ghatak.

The draft legislation seeks capital punishment for persons convicted of rape if their actions result in the victim's death or leave her in a vegetative state.

Additionally, it stipulates a life sentence without parole for those convicted of rape.

A two-day special session of the assembly has been summoned on September 2 in the wake of the rape-murder of a woman medic at the state-run RG Kar Medical College and Hospital last month.

Also Read | All about Bengal’s Aparajita Bill that proposes death sentence for rape convicts

Titled the 'Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024,' the legislation aims to strengthen protections for women and children by revising and introducing new provisions related to rape and sexual offences.

The bill is aimed at amending the existing provisions under the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences Act, 2012, “in their application to the state of West Bengal to enhance punishment and to constitute the framework for…expeditious investigation and trial of the heinous act of violence against women and children.”

The Bill also seeks to set up fast-track courts for rape cases. “To expedite investigations and ensure swift justice for victims, this Bill proposes dedicated special courts and investigation teams. These specialised units will be equipped with the necessary resources and expertise to handle cases of rape of women and sexual offences against children efficiently, effectively and timely, thereby minimising the trauma experienced by victims and their families”.

‘Aparajita Task Force’ will be constituted to investigate cases of rape or atrocities on women and children. The task force will be formed at the district level and headed by a deputy superintendent of police for the investigation.

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News Network
October 31,2024

Bengaluru: Karnataka Chief Minister Siddaramaiah on Thursday alleged that BJP was raking up the "Waqf issue" with an eye on the upcoming assembly by-polls in the state and elections in neighboring Maharashtra.

Following allegations by a section of farmers in certain parts of the state that their lands were marked as Waqf properties, he reiterated that none of them will be evicted, and notices issued to them will be withdrawn.

"BJP is doing politics. Notices were issued during their (BJP) tenure too, what do they have to say about it? During BJP's tenure over 200 notices were given. One should not practice such dual politics," Siddaramaiah said.

Speaking to reporters here, the CM said, "I have already said that the notices will be withdrawn, where is the issue? In case the notices are issued they will be withdrawn and no one will be evicted, where is the issue?" "Whichever district it is...They (BJP) had also given notices in several districts. Why did they give? Why are they doing such politics? In case notices were served by our government, they will be withdrawn and no farmers will not be evicted....the protest they have planned on November 4 is for politics keeping in mind by-polls in three segments and Maharashtra elections," he added.

A section of farmers from Vijayapura district have alleged that their lands were marked as Waqf properties, and similar allegations have surfaced from a few other places.

The BJP is planning a statewide agitation on November 4, demanding the resignation of Minority Welfare and Waqf Minister B Z Zameer Ahamed Khan, and against the Congress government over the issue.

Accusing the BJP of only doing politics and and not speaking the truth, Siddaramaiah said, "they only speak lies, they make issue out of non issue. Is there any issue in MUDA (site allotment case, in which he is accused and facing probe)? They wanted to make a non issue, an issue." Channapatna, Shiggaon and Sandur Assembly segments will go for by-polls on November 13.

The CM said he will go for campaigning in three assembly segments that will go for bypolls, from November 4 to 11.

He expressed confidence about Congress winning all the three segments.

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coastaldigest.com news network
November 5,2024

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Mangaluru: The Karnataka Maritime Board (KMB) has initiated the groundwork for the much-anticipated Mangaluru Water Metro Project (MWMP). The project, which was first announced by Chief Minister Siddaramaiah during the state budget presentation, aims to introduce water-based public transport along the Gurupur and Netravathi rivers in Mangaluru.

The proposed Mangaluru Water Metro will follow in the footsteps of Kochi's successful Water Metro system, which has become a model for eco-friendly and efficient urban transport in India. The KMB will now conduct necessary feasibility studies to assess how this concept can be adapted to Mangaluru's unique geographical and urban landscape.

A 30-Kilometer Stretch Connecting 17 Key Locations
According to a senior officer from KMB, the project will span a 30-kilometer route that connects key points across the rivers and coastline. The water metro service will cover locations such as Bajal, Kulur Bridge, New Mangaluru Port, Sultan Battery, Tannirbhavi, Old Port, Hoige Bazaar, and Someshwar Temple. The service aims to link 17 important points, benefiting both daily commuters and tourists. This initiative not only seeks to reduce congestion in Mangaluru but also promises to boost tourism and recreational activities by providing an alternative mode of transport.

Focus on Eco-Friendly and Efficient Water Transport
The Mangaluru Water Metro will feature modern catamaran boats, which may be powered by electric or diesel engines. These boats will be equipped with essential amenities to ensure smooth and safe operations. The project’s emphasis on sustainability means that the boat fleet will be designed to minimize environmental impact, making water transport both eco-friendly and economically viable.

Feasibility Study to Shape Project Design
The initial feasibility report will cover several crucial aspects, including the placement of water metro stations. These locations will be chosen based on factors such as passenger demand, availability of land, connectivity to other transport modes, and sustainability. A detailed LiDAR (Light Detection and Ranging) survey will further aid in mapping the river routes and surrounding areas, providing precise data for the project’s planning phase.

In addition to assessing operational needs, the feasibility study will also project future demand for water metro services over the next 25 years. By exploring various scenarios, planners can ensure that the water metro is designed to accommodate both current and future user requirements.

Special Purpose Vehicle for Project Management
The report is expected to recommend creating a Special Purpose Vehicle (SPV) to manage the project. This independent entity would help secure funding, attract investors, and ensure professional oversight, enhancing the project's credibility and long-term viability.

What is the Mangaluru Water Metro Project?
The Mangaluru Water Metro Project aims to introduce a sustainable water-based public transport system to alleviate traffic congestion in the city and promote tourism. Inspired by the Kochi Water Metro, the project will create a seamless and eco-friendly transport option along the Gurupur and Netravathi rivers, covering key points across the city’s riverside and coastal areas.

Once operational, the Mangaluru Water Metro will offer a modern, efficient, and scenic alternative to road transport, helping transform urban mobility in the city while boosting tourism and reducing environmental impact.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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