HC: Submission doesn’t mean consent for sex

HC: Submission doesn’t mean consent for sex

Kochi: 20.11.2021

Consent for sex cannot be presumed just because a girl or a woman is in love with a man, the Kerala high court has held.

It also explained the difference between consent and submission and said helplessness in the face of inevitable compulsion can’t be considered consent.

“There is gulf of difference between consent and submission. Every consent involves a submission but the converse doesn’t follow. Helplessness in the face of inevitable compulsion cannot be considered to be consent as understood in law. Exercise of intelligence based on the knowledge of the significance and the moral effect of the act is required for consent. Merely for the reason that the girl was in love with the accused, it can’t be presumed that she had given consent for sexual intercourse,” Justice R Narayana Pisharadi said.

The court was considering an appeal filed by a 26-year-old man who forced his lover  (17) to elope with him by threatening that he would commit suicide in front of her. He took her from Kayamkulam to Alappuzha and then to Bangalore. After raping her in a Bangalore hotel room, he took her to Goa and raped her there too. He had sold her gold ornaments on the way to make money. The girl had deposed that he had forcibly undressed her and raped her in Bangalore. After returning to Kayamkulam a week later, he gave Rs 50 to her and sent her away with a promise to marry her. By then, police had registered a missing case on the girl’s father’s complaint. It was later converted to a rape case. The HC upheld his conviction for rape. TNN

With 22cr unused vax doses, govt may allow commercial exports

With 22cr unused vax doses, govt may allow commercial exports

Sushmi.Dey@timesgroup.com

New Delhi: 20.11.2021

The government may soon give a major push to export of Covid vaccines with states and UTs having stocks of more than 22 crore unutilised doses, a top official source said.

While the government recently resumed supplies to Covax, it is now also considering allowing commercial exports.

The health ministry recently gave permission to the Serum Institute of India to export one crore doses of Covishield through Covax — an international vaccine-sharing alliance supported by GAVI, the World Health Organisation and the Coalition for Epidemic Preparedness Innovations.

India has also resumed supplies to Myanmar, Nepal, Bangladesh and Iran, almost eight months after it stopped exports in the wake of rising number of Covid-19 cases in the country.

“The production of the vaccine is swiftly increasing. The country will soon have a surplus supply of vaccine. What are we going to do with it if we do not allow exports?” the source said.

A total of 30 crore doses of Covid vaccines have been delivered in November, whereas only 8.8 crore doses have been administered in the month so far. In December, supplies are expected to increase further. Around 31 crore doses of Covishield and Covaxin are scheduled to be received in December, while an additional two crore doses of Cadila Healthcare’s ZyCoV-D are also expected by the end of the year.

Besides, new jabs like Biological E’s Corbevax are also expected to come up for emergency use authorisation in December.

On the other hand, the consumption pattern is not expected to witness any significant rise with over 81% of the adult population already covered with at least first dose. This would also mean the demand for new vaccines will be very limited, unless they are approved and used as a third dose or for use in children. While vaccination is now largely driven by the coverage of the second dose, it will move according to schedule. Around 42% of the adult population in the country is now fully vaccinated with both doses.

Fully vaxxed woman dies of Covid

Fully vaxxed woman dies of Covid

Bhopal: 20.11.2021

A second Covid-19 death in Madhya Pradesh in less than a week — after a lull of over three months — came as an ominous sign on Friday at a time when Covid curbs have been lifted across the state.

The victim, the wife of a Bhopal based radiologist, was fully vaccinated, as is her husband, who recovered and has been discharged from hospital. The couple had tested positive on November 14 and was admitted to AIIMS-Bhopal the next day. The woman, a 54-year old, died early Friday.

“She had no comorbidities, apart from slight obesity. On November 11 and 12, she and my brother had a mild fever. They gave their samples on November 13 and tested positive on November 14. At the time of admission, she had 70% lung infection,’’ the radiologist’s brother, who is also a doctor, told TOI. TNN

Issuing false medical certificates for leave is an offence, says HC

Issuing false medical certificates for leave is an offence, says HC

19/11/2021

Staff Reporter Madurai

Coming across a case where a false medical certificate was issued by a doctor to a person who was facing serious allegations, the Madurai Bench of the Madras High Court observed that doctors were issuing such certificates for the purpose of leave without realising that it was an offence.

Justice B. Pugalendhi observed that the court respected doctors and it relied on the medical certificates issued by them for taking certain decisions. If such false certificates were being issued, the court would not be in a position to rely on them, the judge said. It was the duty of Tamil Nadu Medical Council to eradicate such an impression created by some doctors and take appropriate action to ensure that doctors did not indulge in such activities, the court said.

The court was hearing the anticipatory bail petition filed by Gopinath of Thanjavur district. He was in possession of 1.20 kg of ganja. He was arrested by the police and then remanded in judicial custody in February.

However, considering the COVID-19 pandemic, the petitioner was granted interim bail by a special court and was asked to surrender after a month in March. He failed to surrender before the court concerned. A warrant of arrest was issued.

He then filed a plea seeking anticipatory bail before the High Court. He said that he suffered a fracture in his leg. He also produced certain medical records. It was said that the petitioner had obtained the certificate stating that it was for the purpose of seeking leave.

After ascertaining the fact that the medical certificate was false and the doctor had only issued it for the purpose of leave, the court recommended that appropriate action be initiated against the doctor, C. Balaji.

Police register case against 41 YouTube channels

Police register case against 41 YouTube channels

19/11/2021

Staff Reporter Coimbatore

The Cyber Crime Police Station here has registered a case against 41 YouTube channels on the charge of disclosing the identity of the girl who ended her life on November 11, allegedly following sexual assault from her teacher.

The case was registered by the police for offence under Section 23 (4) (procedure for media - any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be liable to be punished with imprisonment of either description for a period which shall not be less than six months but which may extend to one year or with fine or with both) of the Protection of Children from Sexual Offences Act, 2012.

According to the police, the YouTube channels published details such as the deceased girl’s parents’ photos, videos, name of her school and other details which could lead to her identity.

(Those in distress or having suicidal tendencies could seek help and counselling by dialling 'Sneha' 24X7 helpline at 044-24640050)

PIL hearing on govt servants who died during Damoh poll

PIL hearing on govt servants who died during Damoh poll

Bhopal:19.11.2021

The counsel for the state government told a division bench of the Madhya Pradesh High Court during hearing of a PIL charging that more than 100 government servants died due to Covid-19 during election duty in the Damoh bypoll that the list of deceased persons submitted in the court has not been provided to the government.

Following this, the bench of Chief Justice R V Malimath and Justice V K Shukla ordered that a copy of the list be provided to the government counsel as well, while deferring hearing of the case to November 23.

The petitioner Jaya Thakur claimed that more than 100 government servants on election duty died of coronavirus during election duty in the bypoll to Damoh assembly seat and 66 of them were teachers. The district education officer has confirmed the death of 66 teachers, who were on election duty, due to Covid infection. No compensation has been paid to dependents of these employees despite the Election Commission notification saying that a compensation of Rs30 lakh would be given to dependents of a government servant, who dies of Covid infection while performing election duty.

The court had asked the petitioner to present a list of employees who died of Covid infection during the election.

In the previous hearing of the case, the petitioner had submitted a list of 65 teachers who died due to Covid during election duty in Damoh before the court.

The counsel for the state government on Thursday told the court that the list has not been provided to the state government, following which the court directed to provide a copy of the list to the government counsel. Advocate Varun Thakur appeared in the case on behalf of the petitioner. TNN

Covid test lapses by 1 min, pregnant woman & 2 others denied boarding

Covid test lapses by 1 min, pregnant woman & 2 others denied boarding

Petlee.Peter@timesgroup.com

Bengaluru:19.11.2021

A family of three, including a pregnant woman, was denied boarding an Indi-Go flight to Dubai, citing that the 48-hour validity of their RT-PCR negative test reports had lapsed by one minute. They were not allowed to board the flight even though they took Rapid RT-PCR tests at the airport for ₹3,000 each.

All Indian passengers headed to the UAE must clear this pre-departure test, besides carrying RT-PCR negative reports not older than 48 hours. Rukhsar Memon, 28, husband Suhail Syed, 39, and his mother Mamtaz Munawar, 63, had come to Bengaluru for their annual holiday at their Nandidurga Road home on October 9 this year.

On Tuesday morning, the family went to the Kempegowda International Airport (KIA) to board the IndiGo flight 6E 95 from Bengaluru to Dubai scheduled to take off at 1.15pm. As per pre-departure requirement for UAE travellers, the three, including13-week pregnant Rukhsar, took Rapid RT-PCR tests outside KIA and secured negative reports for ₹9,000 before reaching the IndiGo check-in counter around 10am on Tuesday. Then came the shocker.

“We were denied boarding for the 1.15pm flight on Tuesday as the IndiGo ground staff said our initial RT-PCR test reports showed that our samples were collected at 1.15pm on Sunday,” recalled Suhail, who works as a sales executive with a Dubai-based health insurance firm. The airline calculates the 48-hour validity period from the time of sample collection.

The IndiGo ground staff told the family that by the time the flight takes off at 1.15pm, their RT-PCR reports will be “aged one minute over the mandated 48 hours”. “We requested the IndiGo manager at the airport to kindly consider us since we were well within the 48-hour validity when we reached the airport. My pregnant wife and my elderly mother were travelling with me. The employees were rude to us, especially the airline manager, as they dragged us for three long hours and finally denying us boarding,” said Suhail on his family’s ordeal.

Full report on www.toi.in