HC upholds 10 years RI for man who raped girl

HC upholds 10 years RI for man who raped girl

K.Kaushik@timesgroup.com

Madurai:28.06.2021 

Observing that sexual assault of a girl child is the most heinous, barbaric and savage act, Madras high court upheld the conviction and sentence awarded to a man by a trial court in a case in which he sexually assaulted a minor girl in Pudukottai in 2010. The court was hearing the criminal appeal filed by the accused challenging the order of the Pudukottai mahila court which had convicted and sentenced him to 10 years rigorous imprisonment in 2016.

The man had sexually assaulted the girl when her parents had gone to attend a condolence meeting. Justice K Murali Shankar observed that the right of the girl child is always at peril. Despite stringent laws and punishment, it is shocking and disturbing to note the increase in the number of cases where children are sexually assaulted by known people. Such brutal acts create a deep impact in the minds of the child, traumatising her for a long period or her entire life, affecting her physically as well as psychologically.

The judge observed that the accused/appellant deserves stringent punishment and that awarded by the trial court cannot be found fault with. On considering the entire evidence, the trial court had found the accused guilty for offence under Section 376(2)(i) of IPC, which this court is in complete agreement with. Hence the judge dismissed the appeal and confirmed the conviction and sentence. The judge also directed the trial court to take necessary steps to secure the accused to undergo the remaining period of sentence,if any.

The court was hearing the criminal appeal filed by the accused challenging the order of the Pudukottai mahila court which had sentenced him to 10 years imprisonment in 2016. The man had sexually assaulted the girl when her parents were not home

Danger lurks in form of open drain on Poonamallee High Rd

Danger lurks in form of open drain on Poonamallee High Rd

TIMES NEWS NETWORK

Chennai:28.06.2021

Motorists and pedestrians, beware! In Arumbakkam, along Poonamallee High Road, is a wide unfinished storm water drain canal with protruding iron rods and sharp concrete edges.

Road users say the highways department failed to secure the drain properly and, instead, put up barricades at some places.

This has been the case for six months and requests to either finish the work or close up the space with temporary slabs have gone unnoticed, said residents.

The largest open area is right between two apartment complexes near Panjaliamman temple and there are similar open structures without barricades along the stretch too.

With no reflectors on the barricades, motorists take a huge risk using this stretch at night.

“It is not even properly barricaded. The authorities have set up makeshift barricades using wooden logs on one side while the side near the entry of an apartment complex is open. Those unaware of the trench such as food delivery and e-commerce delivery agents stand risk of falling into it at night,” said L Karthikeyan, a resident.

Around 500 families reside in just the two apartment complexes and there is the risk of unattended children getting hurt because of the open drain.

“It is a busy stretch and with no clear warning signs, motorists run risk of accident,” said M Paramesh of Arumbakkam.

About six months ago, a woman and her daughter died after their bike fell into an open drain along the service road off Irumbuliyur-Maduravoural Bypass Road.

The stretch is a state-controlled national highway.

“The work was stalled due to pandemic and the unavailability of workers. We have to recover an encroachment on the other side of the Poonamalee High Road and connect the storm water drain to the culvert near Panchaliamman koil. Work will begin next week,” said a senior engineer with the construction and maintenance department, Tamil Nadu highways.

RIDE AT YOUR OWN RISK: Locals said the the area is not properly protected and could lead to accidents particularly at night as the existing barricades don’t have reflectors

Presently absent or absently present?

CITY LIGHTS

Presently absent or absently present?

“Present, Miss” said a new voice when the attendance was called out. The surprised teacher asked the student where he had been for the last three weeks of school. "This is the first time you have attended class since we opened school in the first week of June," said the miffed teacher. To which the student squeaked, "Miss, I have been attending my old school for the last three weeks. I didn’t know that my parents had switched me to a new school for Class XI. And I promise I've been present every day but over there.” The mystified ‘Miss’ had nothing to say. Clearly, another of the travails of remote learning. And to think the school year has just begun!

— Kamini Mathai

Casual sexism meets veggie shopping

A mobile vendor selling vegetables and fruits recently had a crash course on casual sexism as it seems many expect only women to do the shopping. The vendor in question drove into an apartment complex in Nungambakkam and called out the customary ‘Vaanga ma vaanga’. A few minutes later, he drove to another building nearby when a woman came running behind him with a basket in hand. She said, “Why do you always say ‘vaanga ma vaanga’ and call only the women? My husband uses this as a silly excuse to refuse to go out and buy vegetables. I have to take care of my children and by the time I come out after looking for a mask, you are gone.” The visibly awkward vendor said, “I will wait for a few more minutes in every block hereafter, madam.”

— U Tejonmayam

A short-lived respite

Many residents are going through lockdown fatigue. But not those in a certain neighbourhood in Thilaiganga Nagar and Jeevan Nagar. For them, the lockdown has offered some peace of mind as the restrictions made the giant piling machines working to build the metro fall silent for almost two months. Early this year, they rejoiced when work started on the MRTS after more than a decade’s wait. However, the joy soon turned sour when huge, noisy, piling machines started boring the earth, disturbing their peace. Then the lockdown began, restoring the serenity of the neighbourhood. But now restrictions have eased, and with the state government allowing construction work, they looked with trepidation as workers arrived to move the piling machines and brought more loads of steel bars for concreting. Till the next lockdown, life is going to be jarring for good.

— V Ayyappan

Council matters

On June 21, governor Banwarilal Purohit in his address to the state assembly announced a five-member Economic Advisory Council, surprising people across the country. The names included Nobel laureate Esther Duflo and prof Jean Dreze, besides former RBI governor Raghuram Rajan, former economic adviser to the Centre Arvind Subramanian and former Union finance secretary S Narayan. Naturally, everyone was curious whose idea it was to form a council with such high-profile economists. “The idea did not come from the bureaucracy. It came from the political executive. It came right from the top,” a senior state government official told this journalist. "Given his background, the finance minister, PTR Palanivel Thiagarajan, would have reached out to connect with them too," said the official.

— D Govardan

Lockdown woes

When this reporter had to move into a new house and needed the help of carpenters, electricians, plumbers, little did she know it would be a huge challenge. She had to scout for more than two weeks to find them. And then it turned out that most of these workers either did not have the necessary equipment or charged double the usual price. With the pandemic and numerous lockdowns, most had moved to smaller cities or sectors that give more job security. Paying rent for accommodation in the city is very difficult, especially during extended lockdown, said a carpenter. Though the state has eased rules and let these workers move around, the demand for their services has dropped significantly.

— Mamtha Asokan

Breaking- Criticizing Bar Council Decisions Amounts To Misconduct: BCI Amends Rules 'To Improve Standards Of Professional Conduct & Etiquette For Advocates'

Breaking- Criticizing Bar Council Decisions Amounts To Misconduct: BCI Amends Rules 'To Improve Standards Of Professional Conduct & Etiquette For Advocates'

LIVELAW NEWS NETWORK

26 Jun 2021 8:33 PM

"The Decision of any State Bar Council or Bar Council of India shall not be criticized or attacked by any Member/s of Bar Council in public domain"

The Bar Council of India has amended rules to make 'criticism' and 'attack' of Bar Council decisions by members a misconduct and ground for disqualification or suspension or removal of membership of a member from the Bar Council.

The Amended Rules, which have been notified in the Gazette on Friday (25th June 2021), says that an Advocate shall conduct himself/herself as a gentleman/gentle lady in his/her day to day life and he/she shall not do any unlawful act.

He/she shall not make any statement in the Print, Electronic or Social Media, which is indecent or derogatory, defamatory or motivated, malicious or mischievous against any Court or Judge or any member of Judiciary, or against State Bar Council or Bar Council of India nor shall any Advocate engage in any willful violation, disregard or defiance of any resolution or order of the State Bar Council or Bar Council of India and any such act/conduct shall amount to misconduct and such Advocates would be liable to be proceeded with under Section-35 or 36 of the Advocates' Act, 1961, the Rules read.

The Council states that the amendments are made to address issues with regard to misconduct by Advocate/s and to improve the standards of professional conduct and etiquette for Advocates.

The following are important takeaways:

Advocate shall conduct himself/herself as a gentleman/gentle lady in his/her day to day life

An Advocate shall conduct himself/herself as a gentleman/gentle lady in his/her day to day life and he/she shall not do any unlawful act, he/she shall not make any statement in the Print, Electronic or Social Media, which is indecent or derogatory, defamatory or motivated, malicious or mischievous against any Court or Judge or any member of Judiciary, or against State Bar Council or Bar Council of India nor shall any Advocate engage in any willful violation, disregard or defiance of any resolution or order of the State Bar Council or Bar Council of India and any such act/conduct shall amount to misconduct and such Advocates would be liable to be proceeded with under Section-35 or 36 of the Advocates' Act, 1961

Code of conduct and Disqualification for members of Bar Councils

(i) No Member of any State Bar Council or of Bar Council of India shall be permitted to publish anything or to make any Statement or Press-Release in Print, Electronic or Social Media against any Resolution or Order of concerned State Bar Council or Bar Council of India or to make/use any derogatory or abusive language/comment/s/ word/s against the Bar Council or its office-bearers or members.

(ii) The Decision of any State Bar Council or Bar Council of India shall not be criticized or attacked by any Member/s of Bar Council in public domain.

(iii) No Advocate or any Member of any State Bar Council or the Bar Council of India shall undermine the dignity or authority of the State Bar Council or Bar Council of India.

Violation amounts to Misconduct, can result in disqualification, suspension or removal

"The Violation of this above mentioned clause (i) to (iii) of this code of conduct may amount to other misconduct under Section 35 of Advocates Act, 1961, and /or violation of Section-V and/or V-A shall result in suspension or removal of membership of such member from the Bar Council. The Bar Council of India may declare such Advocates (as mentioned above in Section-V) or any Member of Bar Council to be disqualified from contesting the elections of any Bar Association or Bar Council for any period, depending on the gravity of the misconduct. The State Bar Council/s may refer the matters of misconduct or violation of these Rules by any of its members to Bar Council of India.", the Rules add.

The Rules clarify that a healthy and bona-fide criticism made in good faith, shall not be treated as a "misconduct".

Procedure for declaring disqualification

For declaring any Advocate or Member of Bar Council as disqualified from contesting the elections as aforesaid, Bar Council of India shall be required to hold an inquiry by a "3 Member Committee" headed by a Former Chief Justice or a former Judge of any High Court. The Committee shall be constituted by the Bar Council of India and may consist of any member of Bar Council of India or a Member or Office-Bearer of any State Bar Council or any Advocate with a minimum of 25 years of standing at the Bar.

After any such reference of any case by Bar Council of India, the committee shall issue notice to the concerned Advocate(s)/ Member(s) and give him/her/them opportunity of hearing. Bar Council of India shall take its decision after consideration of the report of the Committee.

The proceedings for disqualification before the Bar Council of India and/or the Committee/s constituted by it shall follow the norms of natural Justice and it will be deemed to be an order passed under Section 49(1)(a) or 49(1)(ab).

"A Senior Citizen is Entitled To Live In peace In His Own House Under Art 21”:Calcutta High Court Orders Eviction Of Son And Daughter In Law

"A Senior Citizen is Entitled To Live In peace In His Own House Under Art 21”:Calcutta High Court Orders Eviction Of Son And Daughter In Law: TheCalcutta High Court last week vide order dated 17.6.2021 extended policeprotection to an eld

Facing a greedy private hospital? Know your legal recourse

Facing a greedy private hospital? Know your legal recourse

The State government had graded private hospitals based on infrastructure, bed strength, and other facilities.

Published: 25th June 2021 07:12 AM 

By Express News Service

In this final article of the Trick-or-Treat series, Express aims to refresh readers’ memory of the Government Order (G.O.) that limited the maximum that hospitals can charge for Covid treatment. Issued on May 22 in response to many complaints of hospitals fleecing patients, the G.O had also warned of punitive action against erring private hospitals. Salient points of the G.O. are as follows:

Under the Chief Minister’s Comprehensive Health Insurance Scheme (CMCHIS), non-critical cases without oxygen support can be charged Rs 5,000 a day; non-critical cases with oxygen support can be charged Rs 15,000 a day; cases requiring ICU facility with invasive ventilation can be charged Rs 35,000 a day; cases requiring ICU facility with non-invasive ventilation, CPAP, and BiPAP oxygen devices can be charged Rs 30,000 a day; and cases requiring ICU facility with only oxygen support can be charged Rs 25,000 a day. The cost of medicines and other ICU tests will also be borne by government.

As for those not covered under the CMCHIS, non-critical cases not requiring oxygen support can be charged Rs 7,500 a day at Grade A1 and A2 hospitals, and Rs 5,000 at Grade A3 to A6 hospitals. In the same category, non-critical cases requiring oxygen support can be charged Rs 15,000 a day; those requiring ICU facility with non-invasive ventilation, CPAP, and BiPAP oxygen devices can be charged Rs 30,000 a day; cases requiring ICU facility with invasive ventilation can be charged Rs 35,000 a day; and those requiring ICU facility with only oxygen support can be charged Rs 25,000 a day. The State government had graded private hospitals based on infrastructure, bed strength, and other facilities.

Patients who wish to receive treatment in private hospitals under the CMCHIS, now require no referral form from a government doctor. Hospitals that breach these rules will be punished. The Coimbatore district administration has so far barred two such private hospitals from offering Covid treatment to patients.

Active cases below 45k, same as last October

Active cases below 45k, same as last October

TIMES NEWS NETWORK

Chennai:27.06.2021

Even as 5,415 new infections were reported on Saturday, active case loadin Tamil Nadu dropped below 45,000 to 44,924. This took the cumulative case tally to 24.6 lakh. The148 deaths increased the toll in the state to 32,199.

Saturday’s new cases includes 205 instances of children aged12 and below. The last time Tamil Nadu had cases below 45,000 was on October 8, 2020, when the number of people under treatment dropped to 44,437 after it hit a peak on July 31with 57,968 cases.

Coimbatore continued to be the hotspot with 671 fresh Covid-19 cases. It was followed by its neighbour Erode with 574, Tirupathur 380, Salem 369 and Tirupur 337. The seven northern districts added 1,023 new cases, followed by central districts with 816 cases. With 314 cases reported in Chennai, the city and its neighbours — Chengalpet, Kancheepuram and Tiruvallur together added 780. The 10 southern districts added 613 new cases.

Around 47% (2,527) of the new cases on Saturday were from the eight western districts. This has taken the number of people under treatment in these districts to 19,935, around 44% of the state’s active cases. This includes 6,122 active cases in Coimbatore, 4,509 in Erode, 2,598 in Salem, 2,052 in Namakkal and 2,021in Tirupur.

Chennai, with 3,590 active cases, and its three neighbouring districts with 7,298 people stillunder treatment.Theeight central districts have 6,811 active cases. This includes 2,204 in Thanjavur, 1,052 in Trichy and 770 in Karur. The northern districts have 5,923 people under treatment including 1,339 in Cuddalore, 1,196 in Kallakurichi and 1,156 in Tiruvannamalai. The southern districts have the least active cases with 4,955. This includes 757 in Virudhunagar, 679 in Sivaganga and 619 in Madurai.

Vellore reported the most number of deaths at 19 on Saturday. The western districts reported 48 deaths, while the north had 37 succumbing to the infection. Chennai and its neighbours reported 22 deaths. Southern districts too reported 22 deaths, central had19 deaths. At least 7,661 people were discharged, taking the total discharged to 23.8 lakh.