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Centre wants special panel to deal with emergency abortion cases

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Indu Malhotra to be first woman to be promoted from Bar to SC judgeship

The move, if approved by the Supreme Court, could help expedite appeals by scores of women who wish to abort a foetus due to medical complications or rape survivors who have been impregnated by their tormentor

In a bold move, the Centre has asked the Supreme Court to lay down directions for the formation of a body or board which will expeditiously deal with cases wherein a woman has sought legal sanction for aborting a foetus after expiry of the 20-week limit for the medical procedure that is prescribed under the Medical Termination of Pregnancy (MTP) Act, 1972.

If the Supreme Court accepts the Centre’s request, it would grant huge relief to scores of women across India who move various courts seeking an abortion due to medical complications suffered by themselves or their foetus or rape survivors who get become pregnant after the crime.

Given the tardy pace of court proceedings and long-winding legal procedures that need to be settled before a court can rule in such cases, often crucial time is lost for the woman. In the event of an adverse order by the court, the woman is either forced to deliver a baby that she doesn’t want, or risk her life during delivery because the court failed to rule in her favour or lost time in doing so, or worse still – resort to an illegal abortion and claim that she had a miscarriage.

A number of cases have come to the Supreme Court and to other courts across the country in the recent past in which women whose pregnancies have run over 20 weeks have asked for permission to abort.

Some of these cases have been rather delicate, as was shown in a recent abortion attempt by parents of a 10-year-old rape victim. She arrived at the top court’s door when she was already 26 weeks pregnant. Formalities (such as forming a medical board) took up time, and when she was finally denied permission to abort (because it was too dangerous for her health), the child had to undergo a C-section surgery as she was 32 weeks into her pregnancy.Centre wants special panel to deal with emergency abortion cases

Recently, a Mumbai-based woman in her mid-30s who had conceived her first child discovered that her baby could be born with Down’s Syndrome. However, by the time the woman and her husband realised that the foetus had signs of the debilitating syndrome, she was already 21-weeks pregnant – a week more than the legal limit for abortion. The woman is now left with two options – either to take the pregnancy to term, or move court seeking an abortion – a process that will not only be long drawn but also full of personal trauma for her and her husband.

The Centre’s submission for setting up a body to deal with such cases was made, on Thursday (August 31), before the Supreme Court bench of Justices SA Bobde and L Nageshwara Rao.

The counsel for the Centre cited an order of August 25, by the bench of Justices Madan B Lokur and Deepak Gupta in another case (Nipun Saxena vs Union of India Ministry Of Home Affairs) in which the court had issued notice to the Medical Council of India and medical boards of all the states and Union Territories regarding the early consideration of cases in which the termination of pregnancy is sine qua non in lieu of Section 5 of MTP Act, 1972.

The reference to this by the government counsel came up during hearing in a case in which a woman (mentioned as Mrs A) in her 20s has been pregnant for about 24 weeks and wants an abortion.

At the last hearing the court had ordered the formation of a medical board, comprising a well-known gynaecologist and obstetrician to examine her. This was to decide if medical termination of pregnancy would be life-threatening for the petitioner.

On Thursday, the petitioner’s counsel submitted that procurement and service of that detailed medical report, mentioning the current health status of woman and her child, has not taken place, because of the non-availability of the man/husband who has begotten her pregnant.

In most cases where permission to abort is sought from the courts and a medical board is formed to give its opinion, the testimony of the man or husband who has got the petitioner pregnant is a legal pre-requisite – unless it is establishment that the pregnancy was the result of rape.

If the Supreme Court indeed grants its approval for setting up a permanent body – equipped with medical as well as legal experts – that would examine pleas for abortion in an expeditious manner, legal complications like waiting for all testimonies to be recorded, getting relevant medical examinations conducted seeking dates for hearing the matter, etc may all be resolved, much to the relief of the woman who seeks a termination of her pregnancy.

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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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