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Child rape: SC orders setting up special POCSO courts in districts with over 100 cases

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Man forces minor to do oral sex for Rs 20

Taking note of alarming rise in child rape cases in the country, the Supreme Court today (Thursday, July 25) ordered the Centre to set up special courts in each district across the country that had over 100 cases of child abuse and sexual assault pending trial under the Protection of Children from Sexual Offences (POCSO) Act.

A 3-judge bench headed by Chief Justice of India (CJI) Ranjan Gogoi and also comprising Justice Deepak Gupta and Justice Aniruddha Bose directed that the courts be set up within 60 days. To be established under a Central scheme and fully funded by the Centre, the Centre would fund everything from the payment of the presiding officers, staff and support persons to the court’s child-friendly infrastructure.

The court asked Solicitor General Tushar Mehta to file a progress report in four weeks and the court would take up the matter again on September 26.

The Supreme Court’s order came a day after Rajya Sabha approved amendments to the POCSO Act to include death penalty for sexual assault on minors. The amendments also provide for fines and imprisonment for those indulging in child pornography. The Bill was introduced in Parliament by Women and Child Development Minister Smriti Irani on Tuesday, and will now be sent to the Lok Sabha for approval. It was approved by the Union Cabinet earlier this month.

The Supreme Court had a week ago taken suo motu cognisance of the matter in view of the “alarming rise” in the number of rape incidents against children in the country and decided take remedial measures to thwart the crime. 

The SC bench appointed senior advocate V Giri as amicus curiae (friend of the court) to assist it in framing guidelines on the kind of directions that can be issued to states on infrastructure and video-recording of the proceedings. It made clear that no third party except Giri and Solicitor General Tushar Mehta would be allowed to intervene in the matter saying that otherwise nothing can happen in such a matter.  The bench directed the Registry to register the case as a writ petition titled as “In-re Alarming Rise in The Number of Reported Child Rape Incidents” and present the suggestions by Monday for issuance of directions.

The apex court order came on a suo motu public interest litigation petition registered by the Supreme Court, concerned at the “alarming rise” in child abuse cases and their long pendency in courts.

Noting that children were the victims in such cases, the CJI said there was no excuse for long delay in justice for them. The traumatised victims needed to be treated with compassion and kindness. In short, a completely different approach was required while investigating and trying POCSO cases.

When told that there were two exclusive POCSO courts at the Saket court complex in the National Capital, the CJI said the Supreme Court was not talking with reference to Saket but about “those courts in certain States where privacy means drawing a curtain between the victim in a POCSO court and the accused.”

He said that one judge had to oversee over 400 cases under the POCSO Act and that the Act itself was not implemented well enough.

“We are concerned about States where there is hardly any infrastructure; where the Magistrate has hardly any room; where he or she sits in a small four-by-four enclosure. These presiding officers lack basic infrastructure yet are snowed under by cases under new laws… New law means new responsibility and additional burden for them…These are the real issues which affect the judiciary and not the Supreme Court Collegium,” CJI Gogoi said.

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The top court noted that collection of further nationwide data on child rape cases would delay implementation of POCSO law. When one of the court officers sought more time to collect more data on POCSO cases, the CJI cut him short, saying “What more data is required here? Data to show that the country has more cases than judges?”

The Chief Justice then turned to the Solicitor General and told him, “Mr. Mehta, ask your government to make the money available [for the establishment of special POCSO courts].”

The bench said the Centre would have to appoint trained, sensitised prosecutors and support persons to deal with POCSO cases. It also directed the chief secretaries of states and Union Territories to ensure timely submission of forensic reports in such cases.

The court, though it deferred any orders for the establishment of exclusive forensic laboratories for POCSO cases, ordered the directors of the existing ones to deal with POCSO case evidence promptly to cause no delay in the probe or trial of such cases.

The court had registered the PIL plea under the title ‘In-re Alarming Rise in The Number of Reported Child Rape Incidents.”

The PIL plea was instituted on the basis of the court’s own report that showed that from January 1 to June 30 this year 24,212 First Information Reports were filed across India.

Of these, 11,981 were still being probed by the police and in 12,231 cases, the police had filed the charge sheets. Trial had commenced in 6,449 cases only, it said, adding that they were yet to commence in 4,871. Till now, the trial courts had decided only 911 cases, that is, about 4% of the total cases registered.

Also Read: Gujarat lady cop suspended for dancing in police station

India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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