Acid attacks: SC fiat to Centre, states on sale of acid

July 2, 2012

acid

New Delhi, July 2: The Supreme Court today asked the Centre to apprise it of their measures to regulate the sale of acid to prevent its misuse as a weapon, particularly against women by their jilted lovers.

The court sought a "comprehensive affidavit" from the Ministry of Home Affairs, which was asked to "consider proper action" for making appropriate provision for "regulation of sale of acids so that it is not easily or readily available to offenders."

A bench of justices R M Lodha and A R Dave also asked all the state governments and Union territories to file their replies to the notices issued to them on February 11, 2011 for restricting the sale of acid to prevent the growing incidents of attack on women with it.

The court on April 29 this year had asked the Union Home Ministry to coordinate with the various states and the Union territories for formulation of an appropriate scheme.

The apex court had also sought the responses of the Centre and the state governments on whether any suitable scheme can be prepared by them to provide adequate compensation to the victims for their treatment and rehabilitation.

The court's directions came during the hearing of a PIL, filed in 2006 by Laxmi, a minor girl whose arms, face and other body parts were disfigured in an acid attack.

Laxmi, through her counsel Aparna Bhat, had sought framing of a new law or amendment in the existing criminal laws like IPC, Indian Evidence Act and the CrPC for dealing with the offence and had also sought compensation.

Luxmi was subjected to acid attack by three youths near Tughlaq Road as she had refused to marry one of them. The trial is going on for the offence of attempt to murder and two of the accused are out on bail.

The Centre had earlier told the apex court that the report of the Law Commission on the issue was supplied to all concerned parties and the National Commission for Women has placed a draft legislation to make acid attack a serious offence.

The advocate had pleaded for a total ban of sale of acid as there were increasing number of incidents of such attacks on women in different states.

The counsel had submitted that even a small country like Bangladesh had banned the use of acid to prevent such attacks.

The apex court in its February 11, 2011 order had noted that during the pendency of this writ petition, the code of Criminal Procedure, 1973 has been amended and Section 357A has been inserted by Act 5 of 2009.

It also noted that the amendment requires every state government, in coordination with the Central government, to prepare a scheme for providing funds for the purpose of compensation to the victims or their dependants who have suffered loss or injury as a result of the crime and who require rehabilitation.

"Though the said section has come into effect on December 31, 2009 and more than a year has elapsed, we are informed that no schemes have been formulated by any of the state governments," the bench had noted in its order.

While issuing notices to the Centre and state governments in February 2011, the court had directed them to prepare schemes as provided in Section 357A for the purpose of providing compensation to victims of crimes, in particular, acid attack victims.


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News Network
April 5,2024

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New Delhi: The Congress has released its manifesto for the 2024 Lok Sabha election, with jobs creation, development of infrastructure, and a national caste census among the major highlights.

The manifesto was released in Delhi by party boss Mallikarjun Kharge, who was flanked by senior leaders Sonia Gandhi and Rahul Gandhi. Former Union Finance Minister P Chidambaram - who led the committee that drafted the document - was also present.

"This manifesto will be 'nyay ka dastavez' (a document for justice) in the political history of the country. From the five pillars of the 'Bharat Jodo Nyaya Yatra' - yuva (youth), kisan (farmers), naari (women), shramik (workers), and hissedari (equity), 25 guarantees will emerge... ," Mr Kharge said.

The overall theme of the manifesto is based on 'work', 'wealth', and 'welfare', the party said.

"'Work' means you must provide jobs. 'Wealth' must be created before it is distributed. 'Welfare' means taking care of the poorer sections," the Congress said.

Silent on CAA

While the manifesto is silent on the controversial Citizenship (Amendment) Act and restoration of Article 370, the party promises immediate restoration of statehood to Jammu and Kashmir.

Caste Census

One of the biggest talking points is the caste census - a political hot topic that has been in the headlines since the Bihar government's statewide survey was released in November.

The 48-page document promises to amend the Constitution to raise the 50 per cent cap on reservations for SCs, STs and OBCs, with Caste Census providing the latest data to go ahead with the affirmative action. Addressing land issues, the party also pledges to establish an authority to monitor the distribution of government land and surplus land under the land ceiling Acts to the poor.

MSP for Farmers

The party has also promised to implement MSP, or minimum support price, for farmer growing cash crops. The MSP issue has been at the heart of protests by farmers since 2020, when lakhs from across the country went on a months-long agitation against the centre's (now-scrapped) three farm laws.

The Congress has said it will give a permanent legal guarantee for MSP - a core demand for protesting farmers - based on the formula recommended by the Swaminathan Commission.

"Congress has been the only party that has lent its ear to the distress of the farmers and farm labourers, and we are determined to do everything possible to alleviate their pain and make agriculture a desirable livelihood," the party said, attacking the BJP's response to the farmers protest as "callous and brutal".

Poverty

The party also vowed to eliminate poverty by improving the fortunes of 23 crore people over the next decade. Mr Chidambaram attacked the BJP as a "government of the rich, by the rich, and for the rich", and said it is "driven by the interests of the top 1 per cent".

"... but we will look at the bottom 50 per cent. The bottom 50 per cent is as important. It has been estimated 23 crore people are still poor in this country. The UPA lifted 24 crore people out of poverty and we promise, if the Congress-led government comes to power in 2024, we will lift 23 crore in 10 years."

As part of this promise - and to empower women - the Congress said it would launch a 'Mahalakshmi' scheme to provide an unconditional cash transfer of Rs 1 lakh per year to the oldest female member of every poor family.  Beneficiaries will be identified as those from the bottom level of the income pyramid.

Inequality of income and opportunity remain India's ugliest truth. It is the moral and political responsibility of any government to ensure that every family is assured of a basic income every month, the party said.

National Security, China

The Congress said it "recognises that national security is not enhanced by chest-thumping or exaggerated claims, but by quiet attention to borders and resolute defence preparedness".

The party said it would work to restore status quo on the country's borders with China and "ensure areas where both armies patrolled in the past are again accessible to our soldiers".

This has been seen as a direct jab at the BJP over the military stand-off with China in parts of eastern Ladakh following violence in June 2020 that, the opposition has repeatedly claimed, led to New Delhi surrendering territory to Beijing.

On diplomatic tension with Maldives, the Congress said it work to "repair relations".

Healthcare

Universal free healthcare, including cost of diagnosis, surgery, and medication, will be made available, the party said. This will come with cashless insurance up to ₹ 25 lakh, like the model implemented in Rajasthan, when the Congress was in power.

"We promise that healthcare will be universal and free in public health centres, such as hospitals, clinics, PHCs, MHCs, and dispensaries, as well as health camps. Free healthcare will include examination, diagnosis, treatment, surgery, medicines, rehabilitation, and palliative care."

The Congress said it would also establish Assisted Living and Care Centres for disabled people and provide representation for them in local bodies.

Other Major Points

In a move likely to resonate strongly among unemployed youth struggling with massive loan debts, the party said it would "as a one-time measure of relief" write off all student educational loans, including unpaid interest. This amount will be calculated as on March 15.

Banks will be compensated by the government, the Congress said.

The party said it would also introduce a law to "recognise civil unions between couples belonging to the LGBTQIA+ community".

The Congress said it would amend laws to "combine the efficiency of EVM and transparency of ballot papers". "Voting will be through the EVM but the voter will be able to hold and deposit the machine-generated voting slip into the voter-verifiable paper audit trail (VVPAT) unit," the party said.

2024 Lok Sabha Election

The election will be spread over seven phases beginning April 19. Votes will be declared June 4.

Prime Minister Narendra Modi and the ruling BJP - which is yet to release its manifesto - are bidding for a third consecutive term.  They face a combined challenge from the opposition, which has united (for the most part) under the INDIA banner led by the Congress. 

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News Network
April 13,2024

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New Delhi: Seventeen Indians are on board an Israeli-linked container ship that has been seized by the Iranian military amid heightened tensions between Iran and Israel.

Official sources said India is in touch with Iranian authorities through diplomatic channels, both in Tehran and in Delhi, to ensure the welfare and early release of the Indian nationals.

The Iranian action came amid increasing fears that Tehran may launch an attack on Israeli soil in retaliation to a strike on the Iranian consulate in Syria 12 days ago.

"We are aware that a cargo ship 'MSC Aries' has been taken control by Iran. We have learnt that there are 17 Indian nationals onboard," said a source.

"We are in touch with the Iranian authorities through diplomatic channels, both in Tehran and in Delhi, to ensure security, welfare and early release of Indian nationals," it said.

Reports said Iran's Islamic Revolutionary Guards seized MSC Aries on Saturday morning when it was sailing through the Strait of Hormuz.

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News Network
April 9,2024

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The Delhi High Court rejected Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate (ED) and remand order passed by the trial court in connection with the excise policy case. The court delivered the verdict in the excise policy case on Tuesday.

In its order, the high court said the petition challenged the arrest and said it was in violation of Section 19 of the Prevention of Money Laundering Act, 2002 (PMLA). "The court clarifies that the plea is not for bail but for declaring the arrest illegal," Bar and Bench reported while citing the court order.

The high court said the material collected by the ED “reveals Arvind Kejriwal conspired and was actively involved in use and concealment of proceeds of crime." 

“The ED case also reveals that he was involved in his personal capacity as well as convenor of AAP," the order said.

Kejriwal had earlier questioned the timing of the arrest that came just ahead of the Lok Sabha Elections 2024.  Reacting to this, the court said, “Petitioner has been arrested in money laundering case and court has to examine his arrest and remand as per law irrespective of timing of elections."

Reacting to Kejriwal's argument casting doubt on the statements of “approvers" in the excise policy case, the court said the statements of “Raghav Magunta and Sarath Reddy are approver statements which were recorded under the PMLA as well as Section 164 CrPC".

“To cast doubt on the manner of recording statement of approver would amount to casting aspersions on the court and judge," the order added. “The law of approver is over 100 years old and not one year old. It cannot be suggested that it was enacted to implicate the present petitioner (Kejriwal)," it added.

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