#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.

 

Supreme Court notice to govt on PIL over Aadhar #UID


200 px

200 px (Photo credit: Wikipedia)

 

 

TNN | Dec 1, 2012, 12.40 AM IST

 

 

Supreme Court notice to govt on PIL over Aadhar
The Supreme Court on Friday agreed to examine the legal sanctity behind the much hyped Aadhaar cards being prepared by the Unique Identification Authority which will be the sole proof for the government’s scheme for direct transfer of cash to a poor person’s account.
NEW DELHI: The Supreme Court on Friday agreed to examine the legal sanctity behind the much hyped Aadhaar cards being prepared by the Unique Identification Authority which will be the sole proof for the government’s scheme for direct transfer of cash to a poor person’s account.

A bench of Chief Justice Altamas Kabir and Justice J Chelameswar issued notice to the Centre on a PIL by a retired judge of Karnataka high court, K S Puttaswamy, who alleged that the government, by going ahead with distribution of UID numbers and cards to citizens, was bypassing Parliament which was still considering a bill on this issue.

The PIL said collection of personal data by the government not only violated the citizen’s fundamental right to privacy but was also an executive act in overreach of Parliament, where National Identification Authority of India Bill, 2010, was still pending for consideration.

Senior advocate Anil Divan questioned the grant of UID numbers and Aadhaar cards to illegal migrants at a time when the bill was pending before Parliament and its standing committee had rejected the bill in its report. The PIL requested the court to restrain the government from issuing UID numbers and Aadhaar cards till Parliament took a decision on the bill.

When the bench said Parliament could debate the standing committee’s report and decide not to accept it, Divan said this could happen only through a informed debate on the floor of Parliament and the government could not have pre-empted the outcome of the debate through an executive action.

The petitioners, Justice Puttaswamy and another, said they had ascertained that the Unique Identification Number Project proposed to give UID numbers not only to citizens but also illegal migrants pursuant to a scheme framed by the government through an executive order of January 28, 2009.

Referring to several judgments of the Supreme Court on right to privacy of a citizen guaranteed under Article 21 of the Constitution, the petitioners said, “Collecting biometric information as a condition precedent for the issue of Aadhaar card is an invasion of right to privacy of citizens and thereby this can only be done by a law enacted by Parliament and hence, beyond the executive power.”

The petitioners asked, “Can executive power be used in a manner so as to make legislative power redundant or in other words, whether by the exercise of executive power, the executive can circumvent Parliament?”

 

 

 

#India- SC asks Manipur to respond ‘Extra-judicial killings’


Express news service : New Delhi, Tue Nov 06 2012, 00:57 hrs

The Supreme Court on Monday took strong exception to the Manipur government’s delay in filing a report on alleged extra-judicial killings in the state and told them to start working on it within 24 hours considering innocent people were reportedly getting killed.

“Take this matter seriously. It is not a simple civil suit or a case of partition. Innocent people are dying out there. They are being killed. Start working on it in 24 hours. Do it quickly,” said a Bench led by Justice Aftab Alam after Manipur’s counsel sought four weeks to file an affidavit in response.

The court, however, gave the state time till November 21 to file its reply and fixed the matter for further hearing for November 23.

The Bench asked the petitioner to ensure bringing the matter into the knowledge of the Attorney General so that Centre could be represented properly. It asked the National Human Rights Commission to assist the court.

The apex court had on October 1 issued notices to the Centre and state government on a plea for an independent probe into around 1,500 such cases. It was hearing a PIL initiated by an association of the families of the alleged victims, pleading with the apex court to set up a special investigation team and direct inquiry into all such cases.

The association claimed that despite so many extra-judicial killings, no one has been held guilty till date. The petitioner said that innocent people with no criminal record had been killed by the security forces and no proper investigation had been carried out in such cases.

 

India -Supreme Court warns it can ban clinical trials


Published: Tuesday, Oct 9, 2012, 8:24 IST
By Rakesh Bhatnagar | Place: New Delhi | Agency: DNA

 

Distressed at the rampant misuse of the practice of clinical trials by negligent doctors and drug companies that have killed 1,954 patients since 2009 in the country, the Supreme Court has asked the Centre and various states governments to reveal the truth behind such gruesome tragedies.

Expressing anguish at the sordid affairs in the private and government hospitals including mental hospitals, a bench of justice RM Lodha and justice AR Dave on Monday also asked Union government to inform about the side effects of these trials and whether the close relatives of victims had been adequately compensated.

During the inconclusive hearing in a PIL filed by an NGO Swasthya Adhikar Manch alleging large scale clinical drug trials across the country by various pharmaceutical firms using Indian citizens as guinea pigs, the court said “we are very serious about this matter’’.

“We can even issue a one-line direction that all these clinical trials which affect many people must stop forthwith. It must suffice, we are very serious about it,” judges told additional solicitor general Siddharth Luthra.

Responding to an earlier direction, the Madhya Pradesh government sought to put the record straight and said charge sheets have been filed against several private and government doctors who had been performing these tests illegally.

It has admitted that both private clinics and government hospitals had been indulging in the tests illegally.

However, it also drew the court’s attention towards Union health minister Ghulam Nabi Azad’s statement in parliament confirming deaths of 1,954 persons from 2009 till June 2012 due to “serious adverse events of death” in clinical trials. Azad also told the House that these deaths could be attributed to various reasons and the side effects of the drugs not ruled out.
Seeking blanket ban on clinical trials that were engineered by various pharmaceutical firms from India and abroad, petitioner’s counsel Sanjay Parikh contended that permission for trials were granted by the Central government without consulting the states.
However, MP’s lawyer Dushyant Dave said the states cannot be faulted for the tests.

But the judges pointed out that the clinical trials were conducted in state governments hospitals whose employees and doctors are under the control of the respective state governments.

Judges said there are reports about deaths due to clinical trials saying “one person is dying every day. Human beings are treated as guinea pigs. We do not know personally but we believe a responsible statement is made before the court’’.

In the public interest litigation, Parikh had said over 3,300 patients were used for the tests in Madhya Pradesh.

 

Sanjiv Bhatt moves Guj HC to summon #NarendraModi before Godhra Panel


Ahmedabad, Sept 27 : Suspended IPS officer Sanjiv Bhatt thursday moved Gujarat High Court with the prayer to direct Justice G T Nanavati Commission of Enquiry looking into the riots cases to summon Chief Minister Narendra Modi before it.

In a Public Interest Litigation filed along with People’s Union of Civil Liberty, Bhatt has also demanded that the probe panel should be directed to submit its final report, not to the Chief Minister of the State but to the office of state Governor.

The hearing on the PIL commenced thursday before the division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala.

Advocate Yusuf Muchhala who made submissions on behalf of the petitioners today will continue his submission on the next date of hearing scheduled for October 5.

The Nanavati Commission was formed by the state government following the Godhra riots in February 2002. The state government, in 2004, had expanded the terms of reference of the probe panel which included the role and conduct of the then Chief Minister and other ministers.

Citing this expanded terms of reference, petitioners have claimed that, “….Commission has to enquire into the role and function of the Chief Minister in view of the terms of reference constituting the Commission.”

“The role of the Chief Minister, both personal and constitutional, could only be properly and with any sort of veracity come on the record of the Commission and hence his presence is a must,” petition reads.

PTI

Sterilisations carried out under torchlight on Dalits, SC asks why


New Delhi: The Supreme Court today sought the stands of the Centre and various state governments on a plea alleging sterilisation surgeries on women under torchlight, in various places, specially in Bihar, in gross violation of the medical and ethical norms.

A bench of justices R M Lodha and H L Gokhale issued notices to the Centre and various states and sought their replies within eight weeks on a public interest litigation by non-governmental organisation Human Rights Law Network (HRLN) which bought to the court’s notice the alleged horrific incidents, particularly in Bihar.

Appearing for the petitioner, senior counsel Collin Gonsalves told the bench that operations “were performed by doctors under torchlight and activists of an NGO were administering anaesthesia to the patients.”

According to the NGO HRLN, a sterilisation camp was held at the Kaparfora Government Middle School at Araria in Bihar in January this year by an NGO in coordination with the State Health Society, where a private doctor used the school classroom as an operating theatre for sterilisation surgeries on at least 53 poor, Dalit women.

Devika Biswas, the activist who filed the petition said women were operated on paddy straws provided by the local villagers leaving three women bleeding severely and requiring their subsequent treatments at a private medical hospital, the NGO said in its petition.

“In clear violation of the government guidelines and the basic human rights, the doctor performed surgeries at night, under torchlight. During the two hours he was operating, the doctor did not wash his hands, change gloves, or wear a surgical gown and cap,” the petition alleged.

Most of the women from the camp had to seek costly private care later, the petition alleged adding that none of the women were counselled, either before or after the surgeries.

“The horrific human rights violations extend beyond these events in Bihar,” the petition added.

“After their surgeries, untrained NGO workers placed the women on straw paddy provided by the families. The doctor operated on one pregnant woman, Jitni Devi, who miscarried days after her surgery. The doctor and NGO staff left three women profusely bleeding, including Saraswati Devi, who spent 8 days recovering in the hospital,” the petition stated.

“Doctors and health facilities across the county routinely flaunt the ethical and procedural guidelines prescribed by the Ministry of Health and Family Welfare, the constitutional obligations and international norms. The Public Interest Litigation specifically outlines examples of coerced and unsafe sterilisations in Kerala, Madhya Pradesh, Maharashtra, and Rajasthan,” it claimed.

Sikh community in India & Pak to protest against death sentence of Balwant Singh


NEW DELHI,South Asian News Agency  (SANA): Punjab and Haryana High Court has dismissed the plea of Public Interest Litigation (PIL) seeking stay order against the death penalty to Balwant Singh an accused of the Beant Singh murder case. Meanwhile Sikh community in Pakistan and India has announced to stage protests against the death sentence.

There were allegations on Sadar Balwant Singh that he killed the chief minister of East Punjab Sadar Beant Singh accusing him as killer of Sikh youth.

PIL filed application to get stay order against additional session judge orders who announced the death sentence on Mach 05, 2012 and ordered to hang Balwant on March 31.

PIL stated in plea before the high court that court may issue stay order against additional court decision till the decision of appeal in Supreme Court.

The advocate of PIL stated that they would challenge the HC orders in Supreme Court.

Meanwhile, Sikh community in Pakistan and India has announced to stage protests against the death sentence, stating that discrimination is being committed against Sikh community.

Sardar Beant Singh was involved in the killing of Sikh youths on the directions of government, who committed ethnic cleansing of Sikh youths. Prior to this Balwant Singh had said while giving statement in court that the bad treatment was being done with the minorities in India.

He further informed the court that he had no need of attorney because he knew what he has done, adding that they want to end the slavery of the Hindus and Burhamans, adding that the security of the Sikhs was the birth right which should be protected.

On this statement the court of Chandigarh had announced death sentence; upon which the Balwant Singh has recorded his last desire saying that he want to donate the eyes after death, adding that the eyes should be given to the his sister Kamal Deep Singh.

On the other hand the Sikh community in Pakistan has announced protest on 10:00 AM today (Friday). In this connection the rally would be taken out in Nankana Sahib District from Janam Asthan Temple to Tanbu Sahib Temple. On the other hand protest has been announced in India at large scale on the death sentence of Balwant Singh.

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