Political and Social Issues

Can't deny residence at marital home on mere allegations: Court

• A woman cannot be denied her right to residence in the house of her in-laws or husband under the law against domestic violence on mere allegation that she is having an extra-marital affair, a Delhi court has observed.
• The magisterial court, on the woman's plea under the Protection of Women from Domestic Violence Act, had granted her right of residence in their matrimonial house

For poll expenses, jailed candidates can use agent

• The Election Commission (EC) has slightly modified its instruction on the compulsory opening of bank account by the candidates for election expenditure purpose, stating that such accounts may be opened by the chief election agent in his/her name if the contestant is in jail.
• As the criminal-politician nexus in U.P. has come to light and more jailed persons are getting nominated by political parties, the Commission's order in this regard is very significant.
• However, the nomination will not be rejected only because he/she has not opened the bank account or has not intimated the bank account number to the Returning Officer.

10-year jail for digital rape

• In a case of digital rape, where a 19-year-old used a wooden stick to criminally assault an 80-year-old destitute woman, a Sessions court here on Tuesday awarded 10 years rigorous imprisonment to the convict, while exhorting the legislature to expand the definition of rape to include digital rape, male rape, oral rape, anal and rectal rape.
• At present, Section 375 of the Indian Penal Code does not define rape to include these kinds of aggravated sexual assaults, while Section 377 of the Indian Penal Code, which has been partially repealed when homosexuality was decriminalised, deals with the vaguely worded “carnal intercourse against the order of nature with any man, woman or animal”.

  • Section 377 IPC to a large extent does cover cases of carnal intercourse committed by a person against the order of nature, but technically its applicability is limited and by operation it becomes difficult to include cases where the offence has been committed by the offender on another, with an object.
  • Dr. Lau also pointed law-makers to exhaustive legislation covering all categories of sexual assault enacted by Scotland, Ireland, Australia, US
• While directing that the victim be lodged at an Old Age Home at Dwarka in October 2011, it had also directed that she be paid old-age pension which, however, has not been released yet owing to red tape. 

  • “It is unfortunate that the Government red-tapism spares none, not even a senior citizen destitute. The case of a destitute who is a victim of an aggravated sexual assault is required to be treated at priority at all levels in the government and the insensitivity of the system is appalling,”