Stop depicting spas as brothels: Madras HC

DECCAN CHRONICLE.

PublishedJan 3, 2019, 5:56 am IST

There can be no doubt that such conduct implies an outrage on the modesty of the girl,”said the judge.

Madras high court

Chennai: Slamming the police for entering into spas and massage centres under the guise of raid and taking the girl therapist working there and confining them in government homes, the Madras high court has quashed the FIRs registered against nine therapist including a girl therapist from Indonesia and a spa in Alwarpet.

Allowing a batch of petitions, Justice N. Anand Venkatesh said in recent times, this court witnessed a flurry of cases challenging the action initiated by the police against spas and massage centres, its owners and women working as massage therapists in these centres, under the Immoral Traffic (Prevention) Act. In all these cases the owners were added as the accused and the women working in these centres were shown as victims involved in prostitution, the judge added.

Explaining in detail, the legal issues involved in these cases, the insight into human behaviours, outlook of the society regarding spas and massage centres, ignorance of science behind massage and the urgent need to get out of the pre-conditional mind of the majority who unfortunately see spas and massage centres as brothel houses, the judge said in the present case, the record shows a further consideration of interest and significance, as it affects the rights of the individual.

“The public prosecutor does not dispute that even a prostitute is entitled to the protection of her person. Certainly, she is as such entitled to protection as the most respectable women for instance with regard to such offences as indecent assault or rape,” the judge added.

Citing a case of a therapist, the judge said, “Here we have an instance of an officer, accompanied by witnesses, proceeding into the bedroom of a young girl and pushing open a closed door, without even the civility of a knock or other warning to her to prepare for the intrusion. Such conduct would be quiet inexcusable, unless the officer thereby hopes to gather the evidence which is essential for proof of any charge.”

“But since prostitution is not an offence, I am really unable to see how the officer and party were justified in thus bursting into the bedroom of a girl and surprising prosecution witness and an accused together in a state of undress. There can be no doubt that such conduct implies an outrage on the modesty of the girl,”said the judge.

The judge said the technique of employing decoy witnesses for the detection of crime under the Act by the police in this case was against all standards of decency and shocks one’s conscience. Such methods instead of preventing the evil were likely to encourage it. It has been deprecated by various courts in the country “and I must also add my voice to it,” the judge added.

The judge said police have no legal right to prevent a health spa being operated by anyone even if the therapy was done by persons of one sex to those belonging to the opposite sex. A health spa, where cross gender massages was a worldwide phenomenon, there was no legal prohibition and to borrow the wordings of the Supreme Court, except the majoritarian impulses rooted in moralistic tradition which was attempting to impinge upon individual autonomy, the judge added.

Coming to the case of the Indonesian therapist, the judge said the entire action of the police was illegal and it has violated the personal liberty of the petitioner and also her reputation.

This was clearly a case of colorable exercise of power. If this power was unchecked, spa centre or a massage parlour can be run only under the mercy of a police officer.

For an extraneous consideration, the police can brand any spa or a massage centre as a brothel and even if a brothel was run in the name of a spa or massage centre, no action will be taken. This situation was neither good for society nor to the police force, the judge added and directed the state government to pay Rs 2.5 lakh as compensation to the girl.

Unqualified professors in law colleges: Madras high court wants details

DECCAN CHRONICLE.

PublishedJan 5, 2019, 1:36 am IST

Grievance committee to do further probe.

Madras high court

Chennai: The Madras high court has asked the Grievance Committee headed by a retired judge of the high court, to conduct further probe in respect of the additional details relating to appointment of unqualified professors in law colleges and law universities and submit a report on or before January 31.

Justice S. M. Subramaniam said, “The Grievance Committee is requested to complete the said exercise (on or before January 31) in view of the fact that several adjournments were granted by this court on various occasions and as per the judgment of the Supreme court, the Law Professors, who are all not possessing the requisite educational qualifications as per the UGC Regulations and the Norms, are to be dealt with properly and in accordance with law. By way of granting adjournments frequently, the merits and the truth behind these allegations, if any, cannot be buried”.

The judge said P. Vanangamudi, former Vice Chancellor of Tamil Nadu Dr.Ambedkar Law University filed a counter affidavit stating that nearly about 27 professors were not qualified and the details, qualifications and other relevant particulars were provided in the counter affidavit. As per the report of the Grievance Committee, nearly about 5 to 6 professors were found unqualified, as they were not possessing the requisite qualifications as per the UGC Regulations.

Thus, this court has to arrive at a conclusion that there was a discrepancy in respect of the findings of the Grievance Committee as well as the counter affidavit filed by Vanangamudi. “In view of the doubts raised before this court, Additional advocate general P.H.Arvindh Pandian mooted out a proposal that further probe shall be conducted by the Grievance Committee for the purpose of ascertaining the facts regarding the details raised by Vanangamudi at present. In order of facilitate the circumstances and to cull out the truth, this court has to order for further enquiry in respect of the additional details now provided by Vanangamudi”, the judge added.

The judge was passing further orders on a petition filed by Shankar, which sought to quash an order passed by the University and consequently direct the University to reinstate him as Registrar of the University.

Chennai: Stanley Hospital gets digital angiogram catheterisation lab

DECCAN CHRONICLE.

PublishedJan 5, 2019, 2:56 am IST

The round the clock service will help to improve the outcomes of surgeries.

Health minister C.Vijayabaskar, fisheries minister D Jayakumar and Transport minister M.R. Vijayabaskar inaugurate the Biplane Digital Subtraction Angiogram Cath Lab and Amma Drinking Water Centre. at Stanley Medical College and Hospital on Friday.

Chennai: Stanley Medical College (SMC) and Government Hospital launched a round the clock cardiac catheterisation lab to provide minimally invasive tests and procedures to diagnose and treat cardiovascular diseases at the hospital.

Health minister C. Vijaya Baskar, Fisheries Minister D. Jayakumar and Transport minister M.R. Vijayabaskar inaugurated the bi-plane digital subtraction angiogram cath lab at the hospital on Friday.

“The laboratory will function under radio-diagnosis department with doctors, assistants, postgraduate staff, nurses and technicians to provide interventional services for all the departments at the hospital. Various procedures such as coronary angiogram, angioplasty, digital subtraction angiogram and other stenting procedures for cardiovascular diseases,” said Dr S Ponnambala Namasivayam, dean, SMC.

Cardiac surgeons, Gastroenterology surgeons, vascular surgeons and neuro-surgeons can also perform emergency cases that require immediate intervention at the lab. The round the clock service will help to improve the outcomes of surgeries. We have already been performing 10 cases everyday, and the cath lab will help to undertake more surgeries,” added Dr Ponnambala.

The patients will not have to wait for longer durations and the catherisation lab can be used to provide clinical and surgical services for vaious departments at the one-stop lab.

Even God cannot be allowed to encroach on public place: Madras High Court

The Madras High Court has held that even the God, as a legal person, cannot commit an act of encroachment.

Published: 05th January 2019 07:17 AM 

Madras High Court. (File Photo | Express Photo Service)
By Express News Service

CHENNAI: The Madras High Court has held that even the God, as a legal person, cannot commit an act of encroachment. If the deity in a temple commits an act of encroachment, that is also to be dealt with in accordance with law and just because it is a deity, the rule of law cannot be diluted.

All concerned are bound to follow the rule of law and respect it for the sake of an orderly society and to respect the sentiments of their neighbours and all other citizens, Justice S M Subramaniam said while passing interim orders on a writ petition from K Ramakrishnan praying for a direction to the Coimbatore District Collector and the local RDO to remove the unauthorised construction of the Vinayakar temple at the premises of the Revenue Divisional Office.

The judge said that a large number of temples on the public roads, government poromboke lands, waterbodies and water resources were being constructed by a few land mafias and greedy men for their personal gains and for unlawful enrichment. The growing trend across the country is that a few men are constructing temples on public roads, causing greater nuisance to the vehicular traffic and to the movement of the people in the locality.

Such temples on the public roadsides are constructed without obtaining proper permission from the competent authorities. The HR&CE Department cannot encourage such an attitude. “Under these circumstances, if the temples, churches and mosques or any other religious institutions are constructed by encroaching on the public roads causing inconvenience to the vehicular traffic or if anyone of them is constructed on water resources and waterbodies, depriving the citizens of water access, then all are to be dealt in accordance with law,” the judge said and impleaded suo motu the State Home, Municipal Administration, Highways and HR&CE departments as party-respondents in the case.


Directing the authorities concerned to file reports with relevant statistics concerning the encroachment of public land by religious institutions for taking appropriate action, the judge adjourned the matter to January 21.

AIADMK’s ‘friendly fire’ surprises govt in Lok Sabha

TIMES NEWS NETWORK

New Delhi:05.01.2019

Though friendly with BJP, deputy speaker and AIADMK leader Thambidurai surprised the government on Friday by asking two questions during the Rafale debate, both seemingly targeting the Centre but proving easy to answer.

After the response of defence minister Nirmala Sitharaman, the AIADMK said technical finalization of AgustaWestland helicopters was done under the Atal Bihari Vajpayee government. The assertion in the form of clarification appeared aimed at Sitharaman who had cited the chopper deal and named its accused Christian Michel to target Congress.

Referring to Sitharaman’s remark that the NDA government had given contracts worth over ₹1 lakh crore to HAL, Thambidurai asked why could the government not give Rafale contract to the public sector undertaking too. In response, the minister denied the claim about Agusta deal and repeated her explanation about Rafale not going to HAL.

After ally Shiv Sena backed the opposition demand for JPC probe, BJP found two partners in JD(U) and Akali Dal which forcefully defended the government on Friday. Kaushlendra Kumar of JD(U) cited the Supreme Court verdict to back the government. Prem Singh Chandumajra of Akali Dal attacked Congress over a variety of issues.

With Rahul Gandhi present in the house, BJP’s Anurag Thakur said Congress’s debate was initiated by a leader who was “out on bail.” He claimed Congress has never done a defence deal without a “scam,” naming “jeep scam” after independence and others. “All these were used for your political funding,” he alleged.

BJP’s Nishikant Dubey said, “Congress is not bothered about farmers, the unemployed and dalits. It is only concerned about Rafale.” He referred to six companies and some middlemen to target the Gandhi family and Congress.

16 convicted for forcing two girls into prostitution

Bosco.Dominique@timesgroup.com

Cuddalore:  05.01.2019

Cuddalore mahila court sessions judge D Lingeswaran on Friday convicted 16 people, including eight women, for kidnapping two minor girls from Thittakudi in the district and forcing them into prostitution. The judge, however, acquitted a woman as the prosecution failed to prove her involvement in the crime. The judge reserved the order to be pronounced on Monday.

A husband and wife and a woman, booked by the police, came out on bail and went underground.

Two others had died during the trial. Police could not trace a man wanted for his reported involvement in the crime.

According to the prosecution, the schoolgirls, one aged 14 years and other 12 years, from Thittakudi went missing on June 8, 2014. Thittakudi police registered a case after the parents of the 14-year-old girl lodged a complaint on July 11. The other girl, who had lost her parents, was staying in her guardian’s house.

The girls appeared before the police station on August 5 and charged that some gangs involved in flesh trade kidnapped them and forced them into prostitution.

The girls said the gangs took them to several cities and towns including Salem, Puducherry and Ulundurpet and sold them to agents.

The girls said they managed to escape unable to bear the physical abuse by several men for over two months. Police registered a case against 23 people following the statements of the girls under Section 366, 366-A, 372 and 342 of the Indian penal code, Section 6 and 17 of the protection of children from sexual offences act, 2012 and relevant sections of the Immoral traffic (prevention) act, 1956.

Police arrested 22 of the accused people and could not secure one accused. Three of then escaped after obtaining bail while two died during the trial. The complainant moved the Madras high court and got a direction to transfer the case to the CB-CID on July 4, 2016.

According to the prosecution, the schoolgirls, one aged 14 years and other 12 years, from Thittakudi went missing on June 8, 2014

Can byelection in Tiruvarur be held, EC asks poll officer

TIMES NEWS NETWORK

Chennai: 05.01.2019

Even as filing of nominations has started for the Tiruvarur assembly byelection and political parties have started naming their candidates, chief electoral officer Satyabarata Sahoo has written a letter to Tiruvarur district electoral officer asking him whether the byelection could be held on January 28. “CPI Rajya Sabha MP D Raja has filed a petition in the Surpeme Court against holding the byelection in Tiruvarur as people have been affected by cyclone Gaja. Following this the Election Commission wanted to know whether it is possible to hold the byelection at all,” Sahoo told TOI. “I have asked the DEO to give a report by Saturday," said the CEO.

Meanwhile, the Election Commission has given its nod to the Tamil Nadu government to continue with its relief aid in the cyclone affected Tiruvarur constituency.

“Tamil Nadu government may be allowed to continue with the relief measures in the cyclone affected areas for which decision had already been taken prior to announcement of byelection,” said Election Commission under secretary Tanuj Kumari in a letter to Tamil Nadu chief electoral officer. But the EC has banned the government from using any political functionary to distribute the relief. “It may also be ensured that no political functionary should be involved in any disbursement including those of relief material and such material/benefits will be distributed only by the concerned official machineries,” said the letter. Compliance of all model code of conduct will be strictly enforced by the district electoral officer of Tiruvarur, said the letter.

AIADMK likely to pick Vaithilingam

D.Govardan TNN

AIADMK deputy coordinator R Vaithilingam is likely to be the ruling party’s candidate for Tiruvarur bypoll. It's now a toss-up between Vaithilingam and R Paneerselvam, who lost to M Karunandhi in the 2016 assembly election, as per multiple sources in the AIADMK. The ruling party, which was to announce its candidate after the party's high-level committee meeting on Friday, had put off the meeting to Saturday. Now Vaithilingam is the front runner for the Tiruvarur byelection, scheduled for January 28.