Be Happy, Share & Help Each Other!!! · 2018-07-21 · of the marital rape exception in the IPC (Exception 2 to Section 375). Petitioners pointed to the contradictions between the

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Be Happy, Share & Help Each Other!!!

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Lecture



Delhi Edition of The Hindu


A hasty order

Order of the Securities and Exchange Board of India imposing trading restrictions on 331 companies suspected of being shell entities is an example of rash regulatory action.

The Securities Appellate Tribunal has since rightly ordered the lifting of the trading restrictions imposed on two of the companies that approached it, namely J Kumar Infraprojects and Prakash Industries.

In fact, the tribunal stated in its order that “it is apparent that SEBI passed the impugned order without any investigation.”

Interestingly, the regulatory body had acted on a list of suspect companies that the Ministry of Corporate Affairs had forwarded after consultation with the Serious Fraud Investigation Office and the Income Tax department.



Instead of conducting an independent investigation into these suspect companies, SEBI passed the buck to the exchanges and asked them to impose immediate trading restrictions on the companies.

Before a proper investigation by SEBI or the exchanges, the companies were put under stage four of the Graded Surveillance Measure.

In fact, 169 out of the total list of 331 companies had already been suspended from trading before the order.

According to Finance Minister Arun Jaitley, since demonetisation the Centre deregisteredwell over 1,60,000 dormant companies until early July.

It has also identified over 37,000 shell •firms and 3,00,000 •firms engaged in suspicious dealings, according to Prime Minister Narendra Modi


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At the same time, a sound business environment also requires that the government adhere(पालन) to the basic rules of justice at all times.

Handing out extremely harsh punishment on suspect companies without giving them an adequate chance to explain their positions smacks of heavy handedness.

The economic costs of freezing the trading of shares of popular companies are not commensurate with the purported benefits of such action.

While the SAT order has brought some fairness to the entire proceedings, SEBI‟s action will deal a blow to its credibility among investors.

In order to restore confidence, SEBI and the government must explain the rationale behind their actions.


Conclusion


A great divide

Incidents of protests and violence by tribal bodies in Nagaland earlier this year over 33% reservations for women in urban local bodies have once again highlighted the issue of women and representation

In this context, it is interesting to look at the case of Haryana which conducted elections to rural panchayat bodies in January last year.

State amended State Panchayati Raj Act, even including criteria such as educational qualifications for candidates to meet while seeking election to panchayat bodies.

Academically, men from the general category had to be matriculates, women and Scheduled Caste (SC) candidates had to have passed out of middle school, while SC women shouldhave passed standard •five.

This raised criticism as it disqualified 68% of SC women and 41% of SC men. But quite interestingly, women‟s representation increased to an average of 42% across all

levels in comparison to 36% in the fourth panchayat election held in 2010Copyright @ Study-IQ education


Decoding the data Along caste categories, State Election Commission (EC) data show that SC women panches

were 32.81% in comparison to women from the Backward Classes (BC) category who constituted 27.49% of elected women panches.

Her instead of her husband- MeetingsWomen representatives among all States, namely 14.44% or 13 out of the 90 Members of the

Legislative Assembly (MLAs)-Haryana On the other hand, there is no woman MLA in Nagaland. Yet, in terms of sex ratio and female literacy, Nagaland scores over Haryana. According to the 2011 census, female literacy in Nagaland was 76.69% as against 66.77% in

Haryana. The sex ratio in Nagaland was 931 women per 1,000 men as against 879 women per 1,000

men in Haryana.Copyright @ Study-IQ education

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Clearly, there is a disconnect between the low social status of women in Haryana and the comparatively higher political presence that they enjoy in representative bodies.

The more question is the case of Nagaland, wherein women have formal agency in terms of literacy and numbers but lack a democratic voice as political representativesand decision makers.

The question that one must then ask is this: Can democratic rights and representation be traded off• for tradition and the promise of development?


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The child’s right to dignity

Recently, a two-judge Bench of the Supreme Court heard a petition on the constitutionality of the marital rape exception in the IPC (Exception 2 to Section 375).

Petitioners pointed to the contradictions between the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), which defines “child” as a person below 18 years, and the marital rape exception in the IPC, which states that sexual intercourse between a man and his wife (who is not under 15 years) is not rape.

Bench apparently inquired whether the court must intervene to provide protection to married girls between 15 and 18 years from sexual exploitation by their spouse.

Legislative intention is also evident from Section 42A of the POCSO Act, which provides that in case of inconsistency with the provisions of any other law, the POCSO Act will override.



Disjunction between law and realityMarital rape exception under the IPC has not prevented the police from registering cases

under the POCSO Act when the victim is above 15 years and is married to the accused. Studies by the Centre for Child and the Law at the National Law School of India University,

Bengaluru have revealed that the victim was married to the accused before or during trial in 19% of the cases in Delhi, 8% in Assam, and 6% in Maharashtra.

Percentage of cases in which the victim was in a “romantic relationship” with the accused, including marriage, stood at 29% in Delhi, 20% in Assam, and 21% in Maharashtra.

In almost all the cases, the special courts acquitted(बरी कर दिया) the husband or boyfriend because the victim turned hostile, or her age was not proved, or she stated that the marriage was consensual(सह संवेिी)


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Higher judiciary has largely taken a lenient approach in such cases. Gujarat High Court in Yunusbhai Shaikh v. State of Gujarat (2015) quashed the FIR against

the accused under the IPC and POCSO holding, “[the victim] is admitting... that she had accompanied(साथ) the applicant on her own free will and... since she was in love with the applicant and the applicant also loved her, they decided to get married.”

However, that proceedings under the Prohibition of Child Marriage Act, 2006 (PCMA) should be initiated against the person(s) who performed the nikah, since the PCMA being „special law‟ would override „general‟ personal laws.

Gauhati High Court in Jahirul Maulana v. State of Assam (2016) quashed the chargesheetagainst a man who had allegedly raped a minor.

Since the victim was his wife and had borne his child, the court felt that to continue criminal proceedings would defeat the ends of justice.


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However, the Karnataka High Court faced a case (Soni Nihal v. Sri. Sandeep Patel, 2017) with nearly identical facts and observed that the “criminal proceedings initiated for the alleged offence [rape] cannot be quashed.”

Many special courts felt the parties were married, and it would be unfair to punish the man for what appeared to be a consensual relationship.

Demands for strict construction of all sexual contact with children as rape and the blind exemption accorded to sexual violence within marriage are both incompatible withthe constitutional guarantee of a right to life of dignity and protection against violence.


Conclusion


Page-1-Centre likely to diff•er with J&K on Article 35A The Centre is likely to take a divergent opinion from that

of the Jammu and Kashmir,government on Article 35A,on the grounds that it discriminates against womenwho marry outside the State from applying for jobs orbuying property, which is in violation of Article 14 of theConstitution.

Article 14 says: “The State shall not deny to any personequality before the law or the equal protection of thelaws within the territory of India.


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Page-2-„Operation All-Out to continue till peace prevails in Kashmir‟ Throwing his weight behind

Operation All-Out, Jammu &Kashmir Director-General ofPolice S. P. Vaid has said theanti-militancy operation will“continue till peace prevailsin Kashmir”


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Page-14-China bans imports from N. Korea China will halt iron, iron ore and seafood imports

from North Korea starting Tuesday, following through on new UN sanctions after U.S. pressure for Beijing to strongarm Pyongyang over its ally‟s nuclear programme.

Iron ore and seafood among the items targeted as part of new UN sanctions

Chinese Foreign Minister Wang Yi vowed after the UN sanctions were approved that his country “will for sure implement that new resolution 100%, fully and strictly”.


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Page-15- Retail, WPI inflation accelerate CPI in•ation quickens to 2.36%; wholesale in•ation at 1.88% as food costs surge


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Page-16- Google voice search in eight more languages Facility is thrice as fast as text search‟ Google has unveiled its voice search facility in eight

additional Indian languages. In a statement, the technology major said that the

latest move was part of its efforts to help solve thechallenge for India‟s next billion users.

The new languages include Bengali, Gujarati, Kannada, Malayalam,Marathi, Tamil, Telugu, and Urdu.

Speakers of these languages will be able to usetheir voice to dictate queries both in Gboard on Android as well as in Search through the Google App.


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Page-20-Largest volcanic region on earth lies in Antartica Researchers discover 91 volcanoes below ice sheet


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Last Day- Q’s- Ans…


National Crime Records Bureau-> attached office of ->MINISTRY OF HOME AFFAIRS.

World First Three Parents baby was been born in Mexico.

Myopia - Shortsightedness Hypermetropia – Farsightedness

1st Film in India - Raja Harishchandra is a 1913-> It is Indian silent film, directed and produced by DADASAHEB PHALKE.

1st Lok Sabha -> April 1952 to April 1957 .

1st World War- 1914- 1918. 2nd World War -1939-1945.



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Be Happy, Share & Help Each Other!!! · 2018-07-21 · of the marital rape exception in the IPC (Exception 2 to Section 375). Petitioners pointed to the contradictions between the