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Wednesday, May 11, 2022

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Tuesday, May 10, 2022

Supreme Court Agrees To Hear Plea Seeking Postponement Of NEET-PG 2022 Exam

Supreme Court Agrees To Hear Plea Seeking Postponement Of NEET-PG 2022 Exam: The Supreme Court on Tuesday agreed to hear a

'Wife's Patience Should Not Be Treated As Weakness/ Attempt To Create False Story'

'Wife's Patience Should Not Be Treated As Weakness/ Attempt To Create False Story': MP High Court Cancels Bail Of Husband Accused Of Unnatural Sex

Zeeshan Thomas

9 May 2022 9:00 PM

The Madhya Pradesh High Court, Gwalior Bench recently set aside bail of a man, accused of committing unnatural sex with his wife.

The Court observed that the ground taken by the lower court while granting anticipatory bail to the accused/husband that there was delay in disclosure of offence under Section 377 IPC on the part of the Applicant/wife was unwarranted and made in a casual manner without appreciating the surrounding circumstances.

Deciding the application for cancellation of bail, Justice G.S. Ahluwalia observed-

"This Court cannot lose sight of the fact that a wife is slow in rushing to the police station for making complaint of each and every act of harassment or maltreatment. The first intention of the wife is to save her married life and to give sufficient time to her in-laws as well as her husband, so that the situation may improve. The patience shown by the wife should not be treated as a weakness or an attempt to create a false story. Thus, if the applicant kept quiet for one year and did not disclose to her parents about the unnatural sex committed by the applicant, then it cannot be said that her conduct of keeping mum was nothing but an attempt to explain the delay."

As per the Prosecution story, the Applicant/wife was being physically and mentally harassed by her husband/accused and her in-laws for dowry. However, in order to save the pride of her parents, she silently tolerated the harassment without sharing her agony with her parents. In addition to that, her husband was regularly asking her for indulging in unnatural sex. When the Applicant objected to it, the accused threatened to kill her. She was eventually ousted from her matrimonial home by her in-laws but she waited for 10 months before lodging the FIR in the hope of saving her marriage. Finally, she filed the FIR against her husband for offences punishable under Section 3,4 Dowry Prohibition Act and under Section 498-A, 323, 377, 506 IPC.

The husband had moved an application for anticipatory bail before the lower court and his application was allowed. Aggrieved with the said order, the Applicant/wife moved the Court for cancellation of bail of the accused under Section 439(2) CrPC.

The Applicant submitted before the Court that the ground taken by the lower court while granting anticipatory bail that there was a delay in filing the FIR as she got the offences registered 10 months after leaving her matrimonial home and 13 months after the alleged unnatural sex committed upon her, was without consideration of material facts. She argued that the Court failed to acknowledge that her first priority was to save her marriage. She asserted that if a girl is trying hard to save her married life, then such conduct cannot be taken to her discredit for disbelieving the allegations of unnatural sex being delayed in nature. She further submitted that unless and until an allegation is barred by limitation, the lower court should not have given any finding with regard to the delayed allegations at the stage of grant of bail. She also contended that the lower court committed material irregularity by observing that the custodial interrogation of her husband was not required. Therefore, she prayed the Court that the bail of her husband be cancelled.

Per contra, the husband/accused argued that the criteria for cancellation of bail is completely different from the criteria for grant of bail. He added that there was no allegation that after the anticipatory bail was granted, he misused the liberty or had not cooperated with the investigation.

Examining the submissions of the parties and documents on record, the Court noted that there were specific allegations of demand of dowry and physical and mental harassment on account of non-fulfillment of said demand-

Even otherwise, there is specific allegation in the FIR that this act of committing unnatural sex by her husband was disclosed by the applicant to her parents-in-laws, therefore, by no stretch of imagination it can be said that the applicant kept quiet about the unnatural sex committed by the respondent no.1. Further in the light of judgment passed by Supreme Court in the case of Rupali Devi vs. State of U.P. reported in (2019) 5 SCC 384, compelling a married woman to live in her parental home on account of non-fulfillment of demand of dowry is also a cruelty.

The Court, thus, noted that the lower court committed material illegality while passing the impugned order-

Looking to the seriousness of the allegations of demand of dowry as well as of committing unnatural sex with the applicant, this Court is of the considered opinion that the Court below committed a material illegality by granting anticipatory bail to the respondent no.1. Accordingly, the order dated 5/10/2021 passed by First Additional Sessions Judge, Ganj Basoda, District Vidisha in Bail Application No.407/2021 is hereby set aside.

With the aforesaid observations, the Court allowed the application and further directed the husband/accused to surrender before the police authorities.

Case Title: Meghna Agarwal Vs. Anurag Bagadiya and another

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Madras univ convocation on May 16

The 164th convocation of University of Madras will be held at the centenary auditorium in the university campus on May 16. While governor R N Ravi will preside over the convocation, chief minister M K Stalin will be the chief guest. Higher education minister K Ponmudy among others will participate in the function. Gold medalists and PhD scholars will receive their degrees in person at the convocation

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Sunday, May 8, 2022

MBBS Students Must Complete Internships In Same Institute, Says MUHS

MBBS Students Must Complete Internships In Same Institute, Says MUHS

As per the new gazette issued by the NMC on internship guidelines, externship, where students can do their internship in hospitals attached to medical colleges other than the institute they have enrolled in for MBBS courses, is not allowed anymore.

Edited by Rashi Hardaha

| Updated: May 5, 2022 11:35 am IST

MBBS students must complete internships in same institute: MUHS

New Delhi:

The Maharashtra University of Health Sciences (MUHS) has clarified that the undergraduate medical (MBBS) students will have to complete their mandatory 12-month internship at the same college where they are pursuing their degree. MUHS issued a circular on Tuesday, May 3, 2022, adhering to the new internship guidelines released by the National Medical Council (NMC).

“The provision made available to students until last year where one could pursue their internship at other universities in India, including deemed institutes/universities in Maharashtra, is now being discontinued. Students will have to clear their 12-month internship at the university they are enrolled in,” according to a circular issued by MUHS.

This comes weeks after medical aspirants sought clarity, especially since many would be completing their final-year exams in May and were still unsure about the internship prospects.

In July last year, the NMC issued the Draft Regulations for Compulsory Rotating Internship 2021, which said, “All Indian Medical Graduates shall complete their entire period of compulsory rotating internship training (CRMI) in the institution where they have pursued and completed their Bachelor of Medicine and Bachelor of Surgery (MBBS).

This, however, received flak from students, who were attending lectures online, or at colleges in their hometowns. In response to student demand, the NMC in 2021 agreed to extend the provision for one year, taking into account the pandemic and lockdown.

Maharashtra: Medical students told to finish internship in hospitals attached to own colleges

Maharashtra: Medical students told to finish internship in hospitals attached to own colleges

Written by Pallavi Smart | Mumbai

Updated: May 5, 2022 9:55:55 am

Medical students in the state will now have to complete the mandatory 12-month internship in hospitals attached to the colleges where they studied MBBS. The Maharashtra University of Health Sciences (MUHS) issued a circular on Tuesday adhering to the new internship guidelines issued by the National Medical Council (NMC).

As per the old practice, students were allowed externships, which meant the opportunity to complete the mandatory internship in hospitals attached to medical colleges and universities other than the ones where they pursued the MBBS courses. Such a transfer was allowed to provide approval by the MUHS following due process. However, the new gazette issued by the NMC on internship guidelines disallows such transfer. Following the revised internship guidelines by the NMC, the MUHS issued the circular on May 2 stating that the process will stop from the date of the circular.

“After the new gazette on compulsory rotating medical internships regulations was declared by the NMC, the same was discussed in the academic council of the MUHS. As per the decision taken, all medical colleges are informed that the process of changing the medical college for internships which was allowed as per the amendments in the academic notification in 2012 will now be stopped for degree courses. This will be applicable from the date of the circular,” stated the circular.