Tag Archives: high court

EVEN#WOMEN #MPs NEED TO BE REMINDED ABOUT ARCHAIC #ABORTION LAWS IN INDIA

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By Kamlesh Tripathi

 

 

    There are 544 members in the 16th Lok Sabha, and 244 members in the Rajya Sabha, which totals up to 788 MPs. Out of this there are 93 women MPs. That includes the powerful speaker of Lok-Sabha who happens to be a lady. And, yet they don’t have the time and will, and needed to be reminded about the draft Medical Termination of Pregnancy (Amendment) Bill, 2014. Pending for a long time now. I am more than sure they all understand the seriousness about abortion laws. Especially, when the foetus has abnormalities or is an ugly consequence of a rape. The editorial in Times of India is an apt reminder not only to our women MPs, who should use women power to get the bill through but even to all our legislators. Currently the apex courts are doing the job of legislators. Read the article below.

IT’S HER BODY

Today’s society and science demand an upgrade of the abortion law 1971

    Parliament’s lackluster pace of legislating leaves citizens suffering various outdated laws. Two cases in the courts this week draw attention to the human costs of a delay in amending the Medical Termination of Pregnancy Act, 1971—even though an updated draft has been on the table for years. Both cases concern the medical terminations of pregnancy being permitted only up to 20 weeks, a limit that made sense in terms of society and science four decades ago but is seriously out of step with the many developments since. When law’s failure to keep pace with science and global best practices becomes the cause of citizen’s suffering, its very purpose is subverted.

In one case on Monday the Supreme Court allowed a rape survivor to terminate her 24-week old pregnancy. This is the first judicially sanctioned abortion beyond 20 weeks. It followed upon a medical board reporting severe abnormalities in the foetus and its threatening implications for the petitioner. The point of note is that medical technology today can disclose much more information about the foetus after 20 weeks than earlier. Plus, it can make termination of the pregnancy safe for the carrying woman even at 24 weeks.

In another case also on Monday the Delhi high court granted similar relief to a teenaged rape survivor, provided an AIIMS medical panel certifies that the abortion of her 25-week foetus would be safe for this minor. Attorney General Mukul Rohatgi told the apex court that the existing law, with its 2002 amendment, is adequate to handling pregnancy complications warranting abortion after 20 weeks. But the above two cases show that women stuck in such a situation have to seek an exception through the courts, which imposes additional trauma upon women who are already traumatized. Given the logjam at our courts, this also leaves their life in a race against time.

The draft Medical Termination of Pregnancy (Amendment) Bill, 2014 provides for abortion beyond 20 weeks under well defined conditions such as if mother’s life is endangered or the pregnancy is caused by rape. Centre should push for this updated legislation instead of upholding a status quo scripted four decades ago. Medical opinion and women’s groups are agreed and it is not even politically contentious. Every delay in passing an upgrade endangers many women’s lives.

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THE MENACE OF #LAL-BATTI #CULTURE … THE WAY OUT

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A lot is being discussed about the menace of Lal-Batti (Red-Beacon) culture in India. I hear and see many suggestions on TV and newspapers. But largely those suggestions are of routine nature and may not be helpful. For now, only a paradigm shift will make the difference.  Therefore, to get rid of this menace we require some out-of-the-box thinking, and to that effect my suggestions are as follows:

  1. Stop manufacture of Lal-Battis for general market forthwith. These red-beacons should be manufactured only against specific orders, emanating from the Government of India, for constitutional posts, and as approved by GOI or the honourable Supreme Court of India. Treat it, as a dangerous commodity, such as sale of acid or even live cartridges.
  2. Honourable Supreme Court has approved of certain constitutional posts, where Lal-Batti can be used. Barring these no one else should be allowed to use Lal-Battis, and if anyone is found breaking the law he or she should be fined for a minimum of Re 1 lac, plus additional amounts for misdemeanor and dishonour of the honourable Supreme Court orders.
  3. Dismantle the entire fleet of government vehicles with red-beacons, which are only misused by Netas and Bureaucrats, barring few pool vehicles and vehicles for top dignitaries. For the rest, provide them with car loans, basis their salaries and entitlements. Also, provide them with fuel and maintenance allowance and even driver allowance like in private sector. This will save crores of hard earned tax payers money as Capex. It will help in eradicating corruption and will also root out the unnecessary evil of lal-Battis.

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ARTICLE: ACID ATTACKS BY SICK MINDS

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Kamlesh Tripathi

Shouldn’t I call them depraved. Transcending even the emperors of Rome, and that to without a throne, who could be ‘vindictive, cruel and even insane’- say some ancient historians like Suetonius, Pliny and Cassius Dio.

A day after a woman doctor became a victim of acid attack. Delhi High Court has expressed concern over the ‘spate of acid attacks.’ So, yet again Nero fiddled while Rome burned? But who is our Nero? Surely, the Government in general, and the law enforcement department in particular, who allowed sale of acid off the shelf.

Establishment is now cracking the whip by developing a web application to regulate the sale of acid, with functionalities like registration of stockists and retailers, issue of licenses by the district administration and limiting sale of acid to individuals who furnish proof of identity and residence.

This may to a certain extent prune down unauthorized sale of acid but won’t sterilize the sick mindset. Union minister Rajnath Singh, also suggests of treating acid attacks, that cause serious hurts, as ‘heinous crimes.’

Good Samaritan NGOs have also held demonstrations at ITO demanding quick and swift Police action against the perpetrators of crime in Rajouri Garden. A medical report released, says the 30 year old doctor is traumatized and understands the prognosis of such a severe injury.

And, in all of this the court has again asked for status report from the centre and the state. But, what is more astonishing is the High Court’s reference to acid attacks, when it pointed out that Delhi Police has almost 15,000 posts vacant and therefore a we have deficient police force at hand.

Lack of adequate Police Force results in inadequate patrolling, which encourages sick minds and criminals to enact such ghastly crime; and the government attorney Sanjay Jain is further exhibiting government apathy by saying 15 proposals forwarded by Delhi Police for creation of over 14,000 posts “shall be looked into at the earliest.” So no matter how heinous is the crime, government lives by its age old rhetoric; and so these sick minds will continue having a field day.

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