Bombay HC- PIL demands speedy trial for Naxal/ Maoist suspects


TNN | Mar 14, 2013,

NAGPUR: A public interest litigation (PIL) has been filed on Wednesday before the Nagpur bench of the Bombay High Court seeking judicial intervention and relief into the various aspects of Naxal undertrials. The petitioner, Soma Sen is a member of the Committee for Protection of Democratic Rights and associate professor of English Department at the Nagpur University. She is engaged in social work for more than two decades.

The PIL deals with the plight of the several farmers and other residents of Naxal-affected Gadchiroli who had been nabbed during various operations launched by the government forces in the district. Following their arrest, the petitioner has claimed that the trials are often delayed on numbers of pretexts including not providing escort guards to enable undertrials to remain present before the court.

The petitioner has also claimed that delayed trial of the victims has been aggravated by the violation of the fundamental rights of the prisoners and other laws pertaining to present them before the court. Sen has also prayed before the court to discourage videoconferencing facilities which do not allow the undertrials to have access to their lawyer

 

#India -Can’t disqualify MPs, MLAs facing rape cases: Supreme Court #Vaw


PTI, The Hindu

The apex court, which was hearing two PILs filed after the December 16 gang-rape incident, said it can only give notice to the government on limited issues as some of the prayers made in the petitions were beyond its jurisdiction. File photo

The HinduThe apex court, which was hearing two PILs filed after the December 16 gang-rape incident, said it can only give notice to the government on limited issues as some of the prayers made in the petitions were beyond its jurisdiction. File photo

The Supreme Court on Friday declined to hear a plea for disqualification of MPs and MLAs charge sheeted for crime against women but agreed to go into issues of fast track trial of rape cases and implementation of laws for safety of women.

The apex court, which was hearing two PILs filed after the December 16 gang-rape incident, said it can only give notice to the government on limited issues as some of the prayers made in the petitions were beyond its jurisdiction.

“The issue of disqualification of MPs and MLAs is not in our jurisdiction,” a bench comprising justices K.S. Radhakrishnan and Dipak Misra said.

“What is our power on MPs and MLAs. Obviously, such a sweeping relief can’t be sought,” the bench said referring to the prayer made for a direction for suspension of MPs and MLAs who have been charge-sheeted for crime against women.

The bench, during the hearing, suggested that the PIL petitioners should have taken a ground that if the investigation into the cases was not up to the mark, it should be treated as “misconduct” on the part of the Investigating Officer.

The bench also asked the government to apprise it about the terms and references of justice J.S. Verma committee which was set up to review and strengthen the existing law on rape and offences against women.

While the submission was made about the disqualification of politicians facing criminal cases, the bench observed that without going into the status of a person in life, they should be put on fast track trial.

The bench was told that out of 4835 MPs and MLAs in the country, 1448 are facing criminal cases.

However, the bench said at the moment it was not concerned with the issue and decided to hear the PIL on the limited issues.

 

#India- Bombay HC -‘Something is wrong somewhere’ #Vaw #Acidattack


xourtesy- rishabh arrora illustration -tehelka

By , TNN | Dec 13, 2012,

MUMBAI: Referring to the recent attack on a Kandivli woman with an insecticide spray, the Bombay high court on Wednesday lamented the general lack of fear of the law-and-order machinery, saying “something is seriously wrong somewhere”.
A division bench of Justices V M Kanade and P D Kode made the observation as it heard a suo motu public interest litigation (PIL) on safety and security of women. The PIL was taken up a little after the same bench confirmed the death sentence of two persons for raping and killing aBPO employee in Pune in 2007.Expressing concern over the assault on a woman in Kandivli, the high court wondered what causes such attacks. “Something is seriously wrong somewhere. There was a time… (when) the presence of even a single constable was sufficient to deter (criminals). Now, nobody is afraid,” said Justice Kanade.

A neighbour burnt the face of 23-year-old housewife Shraddha Langde on Tuesday morning by pressing open an insecticide spray at her and then clicking a lighter in front of it.

At the previous hearing of the PIL on Monday, the high court took note of the increasing cases of eve-teasing and of instances where people attempting to protect women were assaulted, even murdered.

On Wednesday, public prosecutor Revati Mohite-Dere submitted that the Supreme Court, while dealing with the issue of eve-teasing on November 30, had laid down guidelines for states and union territories to follow. “Until legislation on the issue is introduced, the apex court has set out measures to curb eve-teasing,” she said. In their order, the high court judges said that, in view of the SC guidelines, “it is not necessary for this (high) court to again lay down further guidelines”.

On the subject of providing security to women, the court will hear the state at the next hearing on December 19 or after the Christmas vacation. The government has been asked, if possible, to file a reply.

 

For Immediate Release- Division Bench at Patna Underscores Importance of Maternal Mortality


Division Bench at Patna Underscores Importance of Maternal Mortality and Orders State of Bihar to Account for Every NRHM Rupee Spent

20 March 2012

PATNA- The Division Bench of Patna’s recent order in Centre for Health and Resource Management (CHARM) v. The State of Bihar and Others (W.P. 7650/2011) asks the State Health Secretary to account for NRHM spending and unequivocally holds the State responsible for failures to protect, respect, and fulfill the rights of pregnant women under the National Rural Health Mission (NRHM).

At about 300 maternal deaths per 1 lakh births, Bihar has the fourth-highest Maternal Mortality Rate (MMR) in India and one of the highest MMRs in the world. Almost all of these deaths are completely preventable where the government provides adequate antenatal, delivery, and post-natal care. Despite significant financial support under the NRHM, sub centres and hospitals in Bihar do not have adequate supplies of iron, folic acid, blood, or basic equipment for checking blood pressure or hemoglobin levels. The state does not have adequate staff or infrastructure and reports an institutional birth rate of just 27%.

The Fifth Common Review Mission of the National Rural Health Mission found that state mismanagement of NRHM funds and inadequate implementation “prevented women from receiving these crucial benefits and services and contributed to the high incidence of preventable maternal deaths.” (p.203). In light of these facts, this Public Interest Litigation (PIL) was filed by CHARM through its executive director, Dr. Shakeelue Rahman and the Humlog Trust through its Secretary Parveen Amanullah as a part of Human Rights Law Network’s strategy to use litigation to address India’s high maternal mortality and morbidity rates. Advocate Ms. Anubha Rastogi argued the case.

On 6th February a Division Bench of the Patna Court led by Justice (Smt) T Meena Kumari expanded the scope of the PIL to cover NRHM implementation in all districts of Bihar. The Health Secretary, Bihar was expected to file a district-by-district status report by 19th March 2012. In an unusual move, the State filed its report, but through a private advocate and not through government counsel. The case came up for hearing again on 20th March where the Division Bench of Justice T Meena Kumari and Justice Jyoti Saran took objection to the fact that a government official filed an affidavit through a private lawyer. The Division Bench has since ruled that this status report is unsatisfactory.

On 20 March, the Division Bench also ordered the Health Secretary to account for each and every Rupee released by the Central Government under NRHM and spent by the State Government for the implementation of NRHM. The total sum amounts to nearly Rs. 3500 crores. The State Government must file their response in an affidavit and should produce the bills for every Rupee spent. The report will highlight key gaps between Central Government disbursement and state level implementation. The State must submit its expense report by 9 April 2012.

The High Court of Madhya Pradesh recently held that the state has a duty to ensure that every woman survives pregnancy and childbirth. Today, the Patna Court underscored the state’s obligation to effectively implement the NRHM and to protect pregnant women.and Orders State of Bihar to Account for Every NRHM Rupee Spent

March 22
PATNA- The Division Bench of Patna’s recent order in Centre for Health and Resource Management (CHARM) v. The State of Bihar and Others (W.P. 7650/2011) asks the State Health Secretary to account for NRHM spending and unequivocally holds the State responsible for failures to protect, respect, and fulfill the rights of pregnant women under the National Rural Health Mission (NRHM).

At about 300 maternal deaths per 1 lakh births, Bihar has the fourth-highest Maternal Mortality Rate (MMR) in India and one of the highest MMRs in the world. Almost all of these deaths are completely preventable where the government provides adequate antenatal, delivery, and post-natal care. Despite significant financial support under the NRHM, sub centres and hospitals in Bihar do not have adequate supplies of iron, folic acid, blood, or basic equipment for checking blood pressure or hemoglobin levels. The state does not have adequate staff or infrastructure and reports an institutional birth rate of just 27%.

The Fifth Common Review Mission of the National Rural Health Mission found that state mismanagement of NRHM funds and inadequate implementation “prevented women from receiving these crucial benefits and services and contributed to the high incidence of preventable maternal deaths.” (p.203). In light of these facts, this Public Interest Litigation (PIL) was filed by CHARM through its executive director, Dr. Shakeelue Rahman and the Humlog Trust through its Secretary Parveen Amanullah as a part of Human Rights Law Network’s strategy to use litigation to address India’s high maternal mortality and morbidity rates. Advocate Ms. Anubha Rastogi argued the case.

On 6th February a Division Bench of the Patna Court led by Justice (Smt) T Meena Kumari expanded the scope of the PIL to cover NRHM implementation in all districts of Bihar. The Health Secretary, Bihar was expected to file a district-by-district status report by 19th March 2012. In an unusual move, the State filed its report, but through a private advocate and not through government counsel. The case came up for hearing again on 20th March where the Division Bench of Justice T Meena Kumari and Justice Jyoti Saran took objection to the fact that a government official filed an affidavit through a private lawyer. The Division Bench has since ruled that this status report is unsatisfactory.

On 20 March, the Division Bench also ordered the Health Secretary to account for each and every Rupee released by the Central Government under NRHM and spent by the State Government for the implementation of NRHM. The total sum amounts to nearly Rs. 3500 crores. The State Government must file their response in an affidavit and should produce the bills for every Rupee spent. The report will highlight key gaps between Central Government disbursement and state level implementation. The State must submit its expense report by 9 April 2012.

The High Court of Madhya Pradesh recently held that the state has a duty to ensure that every woman survives pregnancy and childbirth. Today, the Patna Court underscored the state’s obligation to effectively implement the NRHM and to protect pregnant women.

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