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Empowering Choices: Kerala HC Upholds personal liberty in land mark ruling
The High Court of Kerala Dismisses Criminal Writ Petition on the Grounds of Personal Liberty. Case: X v. Director General of Police Thiruvananthapuram & 5 others Writ Petition (Crl) 584/2024 Court: High Court of Kerala at Ernakulam Judges: Hon’ble Mr. Justice P Manoj J & Hon’ble Mr. Justice Raja VijayaRaghvan V J Summary: In a significant ruling, the High Court of Kerala dismissed the writ petition filed by the father of Ms. X, who sought the intervention of the court to produce his daughter, alleged to be detained by the 5th and 6th respondents. The petitioner contended that his daughter, a victim under the Protection of Children from Sexual Offences Act, 2012, was being influenced by the respondents. However, the court observed that Ms. X is an adult, having turned 18, and is residing with the 6th respondent of her own free will. The judges cited the precedent set in Gian Devi v. Superintendent Nari Niketan Delhi, emphasizing the constitutional right of an adult woman to make her own choices about where and with whom she wishes to live. Key Points: The court underscored the importance of respecting the personal liberty and individual choice of adults. It recognized the right of Ms. X to make conscious decisions about her life. The ruling reinforces the principles of personal freedom and autonomy enshrined in the Constitution. Full Story: The Criminal Writ Petition filed by Ms. X's father aimed at directing police authorities to produce her, allegedly detained by respondents Shibila and Rejina. The father argued that his daughter was a victim of sexual assault by the 5th Respondent Shibila and had been placed under the care of the Child Welfare Committee, Malappuram. Despite this, Ms. X left her hostel in February 2024 and chose to stay with respondent Rejina. The court ruled that 18 years old, Ms. X has the right to make her own decisions, including where and with whom she resides. The judgment emphasized that no one, including family members or the court, can override an adult's choice regarding her personal life. This ruling is a significant affirmation of individual rights, reiterating the judiciary's role in upholding personal freedom and dignity.
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Mendhar: Badminton Tournament Organised At Nari Niketan As Part Of Anti-drug Campaign
Mendhar: Badminton Tournament Organised At Nari Niketan As Part Of Anti-drug Campaign
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संरक्षण गृहों में सुरक्षा के लिए सी.सी.टी.वी. कैमरे लगाए मुख्य सचिव श्री उत्पल कुमार सिंह ने बाल, महिला संरक्षण गृहों में स्वच्छता, स्वास्थ्य और सुरक्षा पर विशेष निगरानी रखने के निर्देश दिए हैं। ऐसे गृहों में रह रहे बच्चों और महिलाओं को रोजगारपरक प्रशिक्षण देकर उन्हें आत्म निर्भर बनाया जाय। सभी स्टाफ का पुलिस सत्यापन संरक्षण गृहों में सभी तरह की बुनियादी सुविधाओं के साथ-साथ पुस्तकालय, खेलकूद और मनोरंजन के साधन भी हों। तैनात सभी स्टाफ का पुलिस सत्यापन जरूर कराया जाय। सभी गृहों में विशेष आंगनवाड़ी केंद्र भी चलाए जाए। मुख्य सचिव शुक्रवार को सचिवालय में प्रदेश में संचालित बाल/महिला संरक्षण गृहों के संचालकों और संबंधित अधिकारियों के साथ समीक्षा बैठक कर रहे थे। महिलाओं की संस्था में शत् प्रतिशत महिला कार्मिक अपर मुख्य सचिव श्रीमती राधा रतूड़ी ने कहा कि संरक्षण गृहों में सुरक्षा के लिए सी.सी.टी.वी. कैमरे लगाए गए हैं। ��ियमित रूप से इनकी मॉनिटरिंग की जाय। संस्था में आने-जाने वाले सभी आगंतुकों का विवरण आगंतुक पंजिका में दर्ज किया जाय। 10 वर्ष तक के बच्चों, बालिकाओं और महिलाओं की संस्था में शत् प्रतिशत महिला कार्मिक ही तैनात किए जाए। इसके साथ ही संस्थाओं में बाल समिति और प्रबंधन समिति का भी गठन किया जाय। 42 संस्थाओं का सोशल ऑडिट बैठक में बताया गया कि रा��्य सरकार द्वारा राजकीय नारी निकेतन, जिला शरणालय एवं संरक्षण गृह संचालित किए जा रहे हैं। इसके अलावा भारत सरकार स्वाधार गृह, उज्ज्वला गृह का संचालन करती है। स्वयंसेवी संगठनों द्वारा भी संस्थाओं का संचालन किया जा रहा है। बताया गया कि नेशनल कमीशन फॉर प्रोटेक्शन ऑफ चाइल्ड राइट्स द्वारा राज्य में संचालित 42 संस्थाओं का सोशल ऑडिट कराया गया। बैठक में ऑडिट की रिपोर्ट से अवगत कराया गया। कतिपय सुविधाओं और व्यवस्थाओं को छोड़कर ऑडिट में कोई गंभीर कमी नहीं पाई गई है। उन कमियों को दूर करने के निर्देश दिए गए।बैठक में अपर सचिव महिला कल्याण श्री राम विलास यादव, निदेशक महिला कल्याण श्री योगेंद्र यादव सहित आई.सी.डी.एस. के अनेक अधिकारी और संस्था संचालक उपस्थित थे।
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Ninety Inmates of Govt Shelter Home for Girls in Bareilly Test Positive for Covid-19
Ninety Inmates of Govt Shelter Home for Girls in Bareilly Test Positive for Covid-19
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Deputy Director of Women Welfare Department Nita Ahirwar said how the inmates of Nari Niketan got contracted the coronavirus infection is being investigated,
PTI
Last Updated: August 17, 2020, 12:10 AM IST
Ninety inmates of a government shelter home for girls in Bareilly have tested positive for COVID-19, an official said on Sunday.
Deputy…
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#Bareilly#coronavirus#coronavirus bareilly#coronavirus uttar pradesh#nari niketan#shelter home for girls
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Ninety Inmates of Govt Shelter Home for Girls in Bareilly Test Positive for Covid-19
Ninety Inmates of Govt Shelter Home for Girls in Bareilly Test Positive for Covid-19
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Representative image.
Deputy Director of Women Welfare Department Nita Ahirwar said how the inmates of Nari Niketan got contracted the coronavirus infection is being investigated,
PTI
Last Updated: August 17, 2020, 12:10 AM IST
Ninety inmates of a government shelter home for girls in Bareilly have tested positive for COVID-19, an official said on Sunday.
Deputy…
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#Bareilly#coronavirus#coronavirus bareilly#coronavirus uttar pradesh#nari niketan#shelter home for girls
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मेरठ के नारी निकेतन में किशोरी Corona पॉजिटिव, महिला आयोग ने लिया संज्ञान
मेरठ के नारी निकेतन में किशोरी Corona पॉजिटिव, महिला आयोग ने लिया संज्ञान
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मामले पर संज्ञान लेते हुए आयोग ने मेरठ के जिलाधिकारी से रिपोर्ट तलब की है. मेरठ (Meerut) स्थित नारी निकेतन सोसाइटी (Nari Niketan Society) में रहने वाली एक किशोरी के कोरोना पॉजिटिव निकलने की बात सामने आई है. इस पर उत्तर प्रदेश राज्य महिला आयोग…
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#corona positive#Meerut#Nari Niketan Society#up news#UP State Commission for Women#उत्तर प्रदेश राज्य महिला आयोग#कोरोना पॉजिटिव#नारी निकेतन सोसाइटी#मेरठ#यूपी न्यूज
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नारी निकेतन केदारपुरम में सांस्कृतिक कार्यक्रम आयोजित देहरादून: जनपद के केदारपुरम अवस्थित राजकीय नारी निकेतन में संस्था द्वारा सांस्कृतिक कार्यक्रम आयोजन किया गया, जिसमें नारी निकेतन की संवासिनियों/महिलाओं तथा राजकीय शिशु गृह व बालिका निकेतन की शिशुओं व बालिकाओं द्वारा प्रतिभाग किया गया। यह 40 वर्ष पुरानी संस्था है, जो कि भारतीय शास्त्रीय संगीत,नृत्य एवं लोक कलाओं को युवा पीढी तक पंहुचाने का कार्य कर रही हैं, तथा उनके द्वारा ओडिसा का गोठी पुआ नृत्य प्रस्तुत किया गया। कोणार्क नाट्य मण्डल द्वारा ओडिया की लोक कथाओं को प्रदर्शित किया गया। इस अवसर पर अपर सचिव व निदेशक महिला कल्याण विभाग मेजर योगेन्द्र यादव, मुख्य परिवीक्षा अधिकारी मोहित चैहान, जिला प्रोबेशन अधिकारी मीना बिष्ट सहित नारी निकेतन, बालिका निकेतन एवं शिशु निकेतन की अधिक्षिका कंचन आर्य, मीना सिंह व सुनीता सिंह उपस्थित रहे।
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Coronavirus | SC extends preventive guidelines to include women shelter homes
The Supreme Court on Tuesday extended its guidelines issued to prevent the spread of coronavirus in children’s homes to Nari Niketans or women’s shelter homes and asked the government to look into the possibility of releasing the inmates wherever feasible to avoid overcrowding.
A bench of Justices N V Ramana, S K Kaul and B R Gavai said State governments should assess the ground situation and…
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#coronavirus#covid19#extended#include women&039;s shelter homes#nari niketan#plea in supreme court#preventive guidelines#sc#supreme court
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"Accountability Matters: High Court's Stand on Child Welfare Committee's Oversight”
Km Pooja Rajput Corpus & another v. State of UP & 4 others
Habeas Corpus Writ Petition 228/2024
Before the High Court of Allahabad
Heard by the Bench of Hon’ble Mr. Justice Arvind Singh Sangwan J & Hon’ble Mr. Justice Ram Manohar Narayan Mishra J
Order The Allahabad High Court allowed the custody of the minor girl to the father as the girl expressed her desire to go with the father.
Considering the conduct of the committee, the Court awarded a cost of Rs.5,00,000/- ( Five Lacs) payable to the father of the girl within thirty days from 22.04.2024. The amount will be used for upbringing of the minor girl child.
In case the cost of Rs.5,00,000/- is not paid before the next date of listing(23.05.2024), the Commissioner of Police, Kanpur Nagar is directed to ensure that the Chairman of Nari Niketan/Child Welfare Committee, Kanpur Nagar will remain present in the Court.
Facts
The Habeas Corpus petition is filed by the mother for producing her daughter before the Court and also giving her custody. At the time of the hearing on April 22, 2024, both the parents were present before the Court. There was a dispute between the parents and the parents were living separately. The couple had a girl child out of their marriage. The father was handicapped but was taking care of the girl child, her education, and the fees of school. The mother earlier took custody of the child Pooja with herself but had not taken care of her education and involved her husband in a false case. Hence, the girl aged about 15 years has been residing with the father for the last 5-6 years.
On the direction of the Court, the detenue Pooja Rajpoot was brought before the Court from the Nari Niketan, Kanpur Nagar.
The shocking part of this case is when parents are there and are willing to keep the child with them then under what circumstances the minor girl Pooja Gupta was sent to Nari Niketan Kanpur.
She was detained in Nari Niketan Kanpur Nagar since 20.01.2024 the time when she was supposed to appear for the class 7th examination. Being detained she was unable to appear for the Final Examination and as such lost one academic year.
When enquired from the girl with whom she wanted to go, the minor child explicitly stated that she wanted to go with her father. The Court allowed her to go with her father as per her wish so that she could continue her studies. However, the Court kept it open for the mother to seek custody of the girl by the appropriate law by filing a petition before the competent Court of Law.
Though mother didn’t dispute that the child has been taken care of by the father for the last 5-6 years.
Now as the child is growing up mother now wants custody of the child with her.
The Court took the matter seriously due to the non-application of the judicial by the Chairman and members of the Child Welfare Committee the liberty of life of the girl was curtailed. The matter is put for hearing on 23.05.2024.
The shocking part of this matter is when parents are there and are willing to keep the child with them than how Nari Niketan kept the child with it.
The court on April 10, 2024, directed the Child Welfare Committee, Kanpur to send its authorized representative along with an affidavit as to how and in what manner the girl child has been sent to Nari Niketan/Child Welfare Committee (women).
None on behalf of the Committee was present on April 22, 2024, despite specific direction.
Seema Bhatnagar
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18-year-old girl, cop shot dead in Rohtak
Current Affairs: An 18-year-old girl and a policeman escorting her were shot dead by three unidentified bike-borne assailants in a suspected case of honour killing in Haryana’s Rohtak on Wednesday.
The incident took place after the girl, escorted by Sub-Inspector Narender Kumar and a woman police constable, had appeared before the Rohtak court for a hearing in connection with her date of birth at the time of her marriage.
While returning, three unidentified miscreants gunned down the girl and the police officer. The woman constable managed to escape unhurt.
According to Rohtak Superintendent of Police (SP) Jashandeep Singh Randhawa, “Girl’s parents had filed a case against her after she married against their choice and she was being produced before the court. She was killed in this regard.”
Randhawa further revealed that the girl’s mother-in-law has given some clue to identify the assailants.
The victim, who belonged to the Jat community, was 17-year-old when she had eloped with a Dalit boy last year. The girl’s father had registered a complaint against the boy at the Rohtak City police station.
After questioning, the boy had allegedly showed forged documents to the…Read More
#ROHTAK#HARYANA#POLICEMAN#SUB-INSPECTOR#POLICE OFFICER#ROHTAK CITY POLICE STATION#CONSTABLE#ROHTAK SUPERINTENDENT#ROHTAK COURT#WOMAN POLICE CONSTABLE#NARENDER KUMAR#NARI NIKETAN#LAW CRIME#NATIONAL
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Piyush babele article on nari niketan
Piyush babele article on nari niketan
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Mendhar: Nari Niketan Inmates Suffer On Account Of Bridge's Absence Over Nullah
Mendhar: Nari Niketan Inmates Suffer On Account Of Bridge’s Absence Over Nullah
Mendhar: Nari Niketan Inmates Suffer On Account Of Bridge’s Absence Over Nullah
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India News | HC Seeks Report on Death of Girl at Nari Niketan
India News | HC Seeks Report on Death of Girl at Nari Niketan
Allahabad, Aug 13 (PTI) The Allahabad High Court has sought a report from the state authorities within 10 days over the death of a 17-year-old girl at a Nari Niketan here. A Division Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Rajendra Kumar sought the report considering a letter as a PIL, in which it was stated that Swati Sone committed suicide on August 7 by hanging…
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Patna high court to Centre: When will 3 Bangladeshi women be sent home? | Patna News
Patna high court to Centre: When will 3 Bangladeshi women be sent home? | Patna News
PATNA: The Patna high court has asked the central government when the three Bangladeshi women languishing in the Nari Niketan at Gai Ghat in Patna for the last six years would be sent back home. The division bench of Chief Justice Sanjay Karol and Justice S Kumar was hearing a criminal writ petition in the nature of habeas corpus filed by one Marium Khatoon. As the Centre did not reply, the…
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Abortion Laws: Need for Overhaul, Amendment a Priority
This article has been written by Roopsi Bhagat, a student of the Law School, Jammu University.
Introduction
“There is no freedom, no equality, no full human dignity and parenthood possible for women until they assert and demand control over their own bodies and reproductive process… The right to have an abortion is a matter of individual conscience and conscious choice for the woman concerned.”
–Betty Friedan
Women in India have always been suppressed, they don’t even have the right to self-determination with regard to their body and hence are abstained from aborting the child out of societal pressures and state’s compulsive laws. Restrictions on access to abortion disproportionately impact women due to biological factors as well as societal perception of women as natural child bearers.
Abortion is one of the most controversial ethical issues since it concerns the taking of human life. Ronald Myles Dworkin, an American philosopher, jurist and scholar of United States Constitutional Law has argued that foetus is not complete person from the moment of its conception and he rejected the claim of the opponents of abortion that the unborn has the right to live and abortion is murder or nearly as wrong as murder. He argues that foetus has no interest until the end of the pregnancy as the brain of the foetus is not sufficiently developed until the 26th week, it cannot feel pain which is further supported by scientific claims. The question whether abortion should take place is dependent on the fact that the foetus has developed interests and not on the fact that it will develop interests if no abortion takes place.
The path of progress of the nation starts from the womb of the mother which requires attention and not ignorance and women’s right to bodily integrity outweighs any rights that the foetus, who is a special aggregation of cells with a potential for independent life has.
Abortion– A key reproductive choice: Legal but not a Right
The Medical Termination of Pregnancy Act, 1971 legalised abortion in India upto 20 weeks of pregnancy based on certain conditions and when provided by a registered medical practitioner at a registered medical facility. Post 20 weeks an abortion is only allowed if the pregnancy poses a threat either to the mother or the baby’s life but only after approval from the apex court. Section 3 of MTP Act lays down the conditions under which a pregnancy may be terminated and clearly states doctor’s opinion is must for performing abortion in women. A woman can legally avail abortion if continuation of the pregnancy would involve a risk to the life of the pregnant woman or cause injury to her physical or mental health, if the foetus has severe abnormalities, pregnancy is a result of rape or when pregnancy results from a contraceptive failure in case of a married woman.
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Issues in the MTP Act of 1971
Firstly, the Act views women primarily as mothers and pregnancy as natural and inevitable. This is indicated by the provisions of the Act which allow abortion only under exceptional circumstances. The present framing of the Act implies that in exceptional circumstances the interests of the mother take precedence over that of the foetus. However, in the absence of such circumstances the interests of the foetus override that of the woman. It is presumed that in the absence of exceptional circumstances women are happy to continue their pregnancy and expected to continue it.
Secondly, only married women are given abortion rights. The Act expressly excludes unmarried, widow and divorced women. Thus, violative of principle of equality provided under Article 14 of the Indian Constitution. Live-in relations have been declared legal in India after the decision of Payal Sharma v. Superintendent, Nari Niketan Kandri Vihar, Agra and ors. But no amendment has been introduced in the present Act for including women who get conceived from this relation.
So is there an assumption that non-married people do not have sex even when live-in relations are legalised?
Also, Explanation 2 of Section 3 states married women can opt out for pregnancy where she can prove that it is caused due to contraceptive failure. The question arises now how a medical practitioner governs the authenticity of the claim of contraceptive failure.
The two finger test of a rape victim is considered to be violative of Article 21 i.e. Right to Privacy then what prevents the law makers from considering Explanation 2 of Section 3 of MTP Act to be a hindrance in applicability of Article 21?
Thirdly, 20 weeks said period is not sufficient as most abnormalities are picked up between 20th to 24th week. Lots of kidney and brain defects manifest much later than 20 weeks. If a substantial foetal abnormality is detected and the mother doesn’t want to bear life-long caregiving responsibilities and the mental agony associated with it, the law gives her no recourse unless there is prospect of her death.
In Roe v. Wade, the court said that foetus is not a person but “potential life”, thus doesn’t have constitutional rights of its own.
Vesting fetuses with rights that are acceptable against the woman bearing them creates an intrusion on women’s bodies and personal lives.
Need for Amendment of the MTP Act
In recent years there have been several Supreme Court and High Court decisions in India that have made significant strides in recognising the fundamental rights to privacy, dignity, bodily integrity and sexual autonomy.
In KS Puttaswamy v. Union of India, the SC categorically held the exercise of reproductive choices is rooted within the constitutionally protected right of life and personal liberty under Article 21 of the Constitution.
In Navtej Singh Johar v. Union of India, the court highlighted the role that sexual autonomy plays and stated that sexuality could not be reduced to its function as mere means of procreation.
In Joseph Shine v. Union of India, in the idea of a free individual the court stated that right to sexual autonomy and privacy has the stature of a constitutional right.
Through these decisions the SC has located the rights to life, personal liberty, privacy, bodily integrity and autonomy as intertwined with reproductive rights, within the framework of gender justice. It is time now that lawmakers recognise the need to reform the MTP Act so that it can be more inclusive and sensitive towards the plight of women. It is apposite now to strike off the word married from Section 3 and expand the applicability of MTP Act to all women and remove certain other issues which restrict women to exercise freely their right to abort as moving to court for permission to seek abortion after 20 week period involve substantial mental and financial hardships.
Medical professionals argue that when the MTP Act, 1971 was enacted the technology may have allowed for safe abortions only upto the 20 week period. But advancement in medicine and technology today allow for aborting the foetus even beyond 20 week period with no additional risks. Amendment to the MTP Act is required to delete the word “married” preceding “woman” in Section 3 to extend its applicability to all women. Shield of foetal rights cannot be used to cover the deep rooted patriarchal mind-set which still harshly frowns upon pre-marital sex and still retains the opinion that women involved in premarital sex are unclean.
To the argument that allowing abortion beyond 20 weeks would induce sex-selective abortions, Dr Datar writes, “In my 25 years as a Gynaecologist, I have seen that those who want to undergo sex selective abortions do not wait till they cross 20 week period.” Government must take strict measures to control sex selective abortions rather than to put the burden of this on other women ultimately making them suffer by placing sex-selective abortions as one of the excuse for restricting women right to abort.
Conclusion
In India legalising abortion through MTP Act has not yielded expected outcomes. Despite the existence of moderate policies, majority of women still resort to unsafe abortions. This contributes essentially to maternal morbidity and mortality.
What we need from a good law is that it should ensure no woman is turned away or forced into an unsafe abortion. As data suggests, 13 women die everyday in India due to unsafe abortions.
In the words of Swami Vivekanand, “It is impossible to think about the welfare of the world unless the conditions of women is improved.”
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Rajouri: Diwali Celebration at Nari Niketan Rajouri: Diwali Celebration at Nari Niketan
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