Odia Fashion Designer Felicitated in Italy

Pritam Panda (PP), the internationally acclaimed fashion designer from Balasore, Odisha (India) was felicitated today in Italy. Here are the images.

Odisha BJP Chief Spokesman Ashok Sahu on Odisha Budget 2013-14

Ashok Sahu, Odisha State BJP Vice-President

Odisha state unit of Bharatiya Janata Party (BJP) termed the Budget Proposals (Odisha Budget 2013-14 presented in the Odisha State Assembly) as lackluster and described the same as 'Old wine in new Bottles'.

Reacting to the detailed Budget proposed by the State Finance Minister, the BJP Vice-President and the Chief Spokesman of the Party Ashok Sahu said that the government is spending much more than it collects as revenue.

He further said that, Rs. 1312 Crore for purchase of one rupee rice is an election stunt that the CM has to keep as promised. (Recently ruling Chief Minister of the state Naveen Patnaik has declared the said scheme on lieu of which rice will be provided to the BPL, APL and some other category citizens at Re.1 per K.g.).

The Biju Kandhamal and Gajapati development schemes have not received adequate attention and Rs. 28.5 Crore for these two districts is too meager an amount, Shri Sahu pointed out. The basic needs of the villagers like rural roads, drinking water and electricity schemes are not properly addressed in these undeveloped areas.

Even the allotment for the Paschim Odisha Vikash Parishad, the Western Odisha Development Council (WODC) is also inadequate. When money allotted in last budget lies unspent under major irrigation projects, what use it is to allot more than 1750 Crore rupees under that head, Sahu quipped.

The proposal to distribute 20,000 mobile sets to farmers will be another corruption to select only party loyalists and benefit from government fund. Spending for the benefit of farmers is an eye wash, when there is no provision for 'Bonus' for distress sale.

A large number of farmers have not received the insurance for failure of crops during last financial year. In this budget, there should have been provision for accommodating those claimants also.

The Budget is an eye wash to benefit the farmers. There is no novelty, rather it is the Old wine in new bottles, Shri Sahu said.

(This article is based on a PRESS RELEASE by Ashok Sahu, Odisha state BJP Vice-President and the Chief Spokesman – Himanshu Guru, Blogger)

Mahurat shot clapped for ‘Aage Aage Tu Pachhe Pachhe Mu’

Mahurat of debutant director Saroj Bal’s upcoming Odia movie ‘Aage Aage Tu Pachhe Pachhe Mu’ was held at Hotel May Fair in Bhubaneswar on 15^th February 2013 on the eve of Vasant Panchami. Renowned singer Ratikant Satpathy, Associate Vice President of Odisha Television Ltd. clapped the Mahurat shot to officially announce the commencement of the film.

Ashim Amitabh and Kaavyaa, the debutant pair will share screen as the lead actors in the film. Ashim is said to be a connoisseur in contemporary dance and action styles having with a stout physique.

The film revolves around the central character, a boy hailing from a lower middle class family. The film includes his tale of love, struggle, extra marital affair, betrayal, family affairs and conjugal life. Story of the film is based on a popular novel.

Director of the film Saroj Bal has composed the tracks, penned the lyrics as well as screenplay besides writing the story. He is a known writer, publisher and literary editor and this is his first project as a director in Odia films.

Besides director Mr. Bal, dialogue writer Bijay Malla, DOP (Still) Prakash Mahapatra, Senior Manager of Union Bank Santanu Prusty and Editor of ‘chitraa’ were present in the occasion along with members of press and media.

‘Aage Aage Tu Pachhe Pachhe Mu’ unit expects the movie to be an acclaimed one as it vows to come up with some originality when most of the Odia films adopt the copy-paste formula. AA Films presented and Antaryami Barad produced this film is shortly going to start the shooting.

PP Nominated for MUREX Global Fashion Awards, Italy

Odia poster boy of the fashion world Pritam Panda (PP) has been nominated for the 12^th MUREX Global Fashion Awards to be held in Italy this year on the 21st February. The Internationally Acclaimed fashion designer from Balasore is the first ever designer from India to be nominated for the MUREX Global Fashion Awards.

PP has been nominated in two categories of the awards namely the “Youth Ispirazione-2012”, for acknowledgment of his profound expertise in his work in India, UAE and few other Middle Eastern countries along with his work portrayed at the Fashion capital France since the last 5seasons and portrayal of a serene usher to the gen-x fashion design and related entrepreneurs.   

And the “Best Woman’s wear-Foreign Designer label” category for his state of art haute couture presentation and the wide spread popularity of his labels Pritam Panda, Couture for Cause, Prakshi and P4PP in 14 different countries across the globe.

The award ceremony is to be held at Naples, one of Italy's most vibrant cities that situated on the coast south of Rome and is the most important city in southern Italy and the venue to host the grand Ceremony will be the hotel PALAZZO CARACCIOLO NAPOLI.

The 12^th MUREX Global Fashion Awards will be host in association with the Fashion TV and BBC entertainment.

Marital Rape under Indian Law

By - Sanjiv Panigrahi, Advocate, Supreme Court of India

In view of the recommendation of Verma Committee on the marital rape issue, a serious debate is required to be deliberated upon and it should be left to the wisdom of our legislature to take the call. As we are aware, the wife’s role in India has traditionally been understood as submissive, docile and that of a homemaker. Sex has been treated as obligatory in a marriage and also taboo. Our women folk being fed by the bitter medicine of being “good wives” quietly serve and not wash dirty linen in public.  

On the other side of the picture, estimates confirm that in every 6 hours; a young married woman is burnt or beaten to death, or driven to suicide from emotional abuse by her husband. The UN Population Fund states that more than 2/3rds of married women in India, aged between 15 and 49 have been beaten, raped or forced to provide sex.

The word rape has been derived from the generic term “Raptus” meaning theft of both property and person. It was synonymous with abduction and a woman’s abduction or sexual molestation, was merely the theft of a woman against the consent of her guardian or those with legal power over her. It is the most intimate of all other crimes. Rape in any form is an act of utter humiliation, degradation and violation rather than an outdated concept of penile/vaginal penetration. Restricting an understanding of rape reaffirms the view that rapists treat rape as sex and not violence and hence, condone such behavior. Article 2 of the Declaration of the Elimination of Violence against Women includes marital rape explicitly in the definition of violence against women.  

Over the last few centuries, a lot of scholarly attention has been given to the ticklish and contentious concept of “marital rape[1]”‘. This has occurred because throughout the history of most societies, it has been acceptable for men to force their wives to have sex against their will. Marital rape occurs in all types of marriages regardless of age, social class, race or ethnicity. Despite the fact marital rape has not been criminalized for long in many countries of the world. It is clearly a serious form of violence against women and worthy of public attention. The research to date indicates that women who are raped by their husbands are likely to experience multiple assaults and often suffer severe long-term physical and emotional consequences. Marital rape may be even more traumatic than rape by a stranger because a wife lives with her assailant and she may live in constant terror of another assault whether she is awake or asleep. The marital rape exemption can be traced to statements by Sir Mathew Hale, Chief Justice in England, during the 1600s. He wrote, “The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband, whom she cannot retract.” Not surprisingly, thus, married women were never the subject of rape laws. Laws bestowed an absolute immunity on the husband in respect of his wife, solely on the basis of the marital relation.

The revolution started with women activists in America raising their voices in the 1970s for elimination of marital rape exemption clause and extension of guarantee of equal protection to women. In the present day, studies indicate that between 10 and 14% of married women are raped by their husbands. Sexual assault by one’s spouse accounts for approximately 25% of rapes committed. Criminal charges of sexual assault may be triggered by other acts, which may include genital contact with the mouth or anus or the insertion of objects into the vagina or the anus, all without the consent of the victim. It is a conscious process of intimidation and assertion of the superiority of men over women.

 Marital rape is not an offence in India. Despite amendments, law commissions and new legislations, one of the most humiliating and debilitating acts is not an offence in India. Section 375 of the  Indian Penal Code (IPC), has echoing very archaic sentiments, mentioned as its exception clause- “Sexual intercourse by  man with his own wife, the wife not being under 15 years of age, is not rape.” Section 376 of IPC provides punishment for rape. According to the section, the rapist should be punished with imprisonment of either description for a term which shall not be less than 7 years but which may extend to life or for a term extending up to 10 years and shall also be liable to fine unless the woman raped is his own wife, and is not under 12 years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to 2 years with fine or with both. This section in dealing with sexual assault, in a very narrow purview lays down that, an offence of rape within marital bonds stands only if the wife be less than 12 years of age, if she be between 12 to 16 years, an offence is committed, however, less serious, attracting milder punishment. Once, the age crosses 16, there is no legal protection accorded to the wife, in direct contravention of human rights regulations. How can the same law provide for the legal age of consent for marriage to be 18 while protecting form sexual abuse, only those up to the age of 16?

On the question of marriage being a license to rape, there appears to be no answer, because the judiciary and the legislature have silent being a contentious issue. The 172nd Law Commission report had made the following recommendations for substantial change in the law with regard to rape.

1. ‘Rape’ should be replaced by the term ‘sexual assault’.
2. ‘Sexual intercourse as contained in section 375 of IPC should include all forms of penetration such as penile/vaginal, penile/oral, finger/vaginal, finger/anal and object/vaginal.
3. In the light of Sakshi v. Union of India and Others [2004 (5) SCC 518], ‘sexual assault on any part of the body should be construed as rape.
4. Rape laws should be made gender neutral as custodial rape of young boys has been neglected by law.
5. A new offence, namely section 376E with the title ‘unlawful sexual conduct’ should be created.
6. Section 509 of the IPC was also sought to be amended, providing higher punishment where the offence set out in the said section is committed with sexual intent.
7. Marital rape: explanation (2) of section 375 of IPC should be deleted. Forced sexual intercourse by a husband with his wife should be treated equally as an offence just as any physical violence by a husband against the wife is treated as an offence. On the same reasoning, section 376 A was to be deleted.

Marital Rape refers to unwanted intercourse by a man with his wife obtained by force, threat of force, or physical violence, or when she is unable to give consent.

Major Recommendations of Justice Verma Committee

By - Sanjib Kumar Panigrahi, Advocate, Supreme Court of India

Justice Verma Committee was set up to review the law on sexual crime and crime against Women after the brutal gang-rape case of the 23 year Para-medical student that took place in a running bus in Delhi. The unfortunate incident shocked the country.

1. All limbs of the State - the executive, the legislature as well as the judiciary -must respect women’s rights and must treat them in a non-discriminatory manner.

2. The judiciary has the primary responsibility of enforcing fundamental rights, through constitutional remedies. The judiciary can take suo motu cognizance of such issues being deeply concerned with them both in the Supreme Court and the High Court. An all India strategy to deal with this issue would be advisable. The Chief Justice of India could be approached to commence appropriate proceedings on the judicial side. The Chief Justice may consider making appropriate orders relating to the issue of missing children to curb the illegal trade of their trafficking etc.

3. All marriages in India (irrespective of the personal laws under which such marriages are solemnized) should mandatorily be registered in the presence of a magistrate, which magistrate will ensure that the marriage has been solemnized without any demand for dowry having been made and that the marriage has taken place with the full and free consent of both partners.

4. The proposed Criminal Law Amendment Act, 2012, should be modified as suggested, and to secure public confidence, be promulgated forthwith. Since the possibility of sexual assault on men, as well as homosexual, transgender and transsexual rape, is a reality the provisions have to be cognizant of the same.

5. Punishment for Rape: The panel has not recommended the death penalty for rapists. It suggests that the punishment for rape should be rigorous imprisonment or RI for seven years to life. It recommends that punishment for causing death or a "persistent vegetative state" should be RI for a term not be less than 20 years, but may be for life also, which shall mean the rest of the person's life. Gang-rape, it suggests should entail punishment of not less than 20 years, which may also extend to life and gang-rape followed by death, should be punished with life imprisonment.

6. Punishment for other sexual offences: The panel recognized the need to curb all forms of sexual offences and recommended - Voyeurism be punished with up to seven years in jail; stalking or attempts to contact a person repeatedly through any means by up to three years. Acid attacks would be punished by up to seven years if imprisonment; trafficking will be punished with RI for seven to ten years.

7. Every complaint of rape must be registered by the police and civil society should perform its duty to report any case of rape coming to its knowledge.

8. Any officer, who fails to register a case of rape reported to him, or attempts to abort its investigation, commits an offence which shall be punishable as prescribed. We have also taken into account offences of eve teasing, voyeurism, stalking as well as sexual assault and unsolicited sexual contact.

9. A special procedure for protecting persons with disabilities from rape, and requisite procedures for access to justice for such persons is also an urgent need.

10. The protocols for medical examination of victims of sexual assault have also been suggested, which we have prepared on the basis of the best practices as advised by global experts in the fields of gynecology and psychology. Such protocol based, professional medical examination is imperative for uniform practice and implementation.

11. The insensitivity of the police to deal with rape victims is well known. The police respect a patriarchal form of society, and have been unable to deal with extraordinary cases of humiliation and hardship caused by the khap panchayats, as is evident from various judgments of the Supreme Court. The police are involved in trafficking of children (including female children) and in drug trade. To inspire public confidence, it is necessary that there must not only be prompt implementation of the judgment of the Supreme Court in Prakash Singh case, but also police officers with reputations of outstanding ability and character must be placed at the higher levels of the police force.

12. Any political interference or extraneous influence in the performance of the statutory duty by a policeman cannot be condoned. This principle has to be clearly understood by every member of the police force - their accountability is only to the law and to none else in the discharge of their duty. Dereliction of this duty has to be punished according to the service rules and applicable law.

13. To augment the police force, there is a need to develop community policing by involving the local gentry, which would also motivate them to perform their duty as citizens.

14. Street lighting everywhere would provide more safety since dark areas are more prone to facilitate crimes. There is great wisdom in the words of the American Judge Louis Brandeis, that "Sunlight is said to be the best of disinfectant; electric light the most efficient policeman".

15. Street vending should be encouraged to make the bus stops and footpaths safe for communities and pedestrians, in addition to providing street food for the common man.

16. A new constitutional authority akin to the Comptroller and Auditor General for education, non-discrimination, in respect of women and children.

17. Political Reforms: The Justice Verma committee observed that reforms are needed to deal with criminalization of politics. The panel has suggested that, in the event cognizance has been taken by a magistrate of a criminal offence, the candidate ought to be disqualified from participating in the electoral process. Any candidate who fails to disclose a charge should be disqualified subsequently. It suggested lawmakers facing criminal charges, who have already been elected to Parliament and state legislatures, should voluntarily vacate their seats.

Several positions for judges lie vacant across the country

One must have come across the legal maxim - Justice delayed is justice denied. In present time, huge number of vacancies are found lie vacant in different High courts and District Courts across the country.

As of December 1, 2012, the working strength of the High Court judges was 613 as against the sanctioned strength of 895 judges. This reflects a 32% vacancy of judges across various High Courts in the country.

The highest number of vacancies is in the Allahabad High Court with a working strength of 86 judges against the sanctioned strength of 160 judges (i.e. vacancy of 74 judges).

The situation is not much better at the subordinate level. As on September 30, 2011, the sanctioned strength of judges at the subordinate level was 18,123 judges as against a working strength of 14,287 judges (i.e. 21% vacancy).

The highest vacancy is in Gujarat with 794 vacancies of judges, followed by Bihar with 690 vacancies.

Hence the proverb, ‘Justice delayed is justice denied’, still holds well. The legal department is requested herewith to fulfill the posts at the earliest in the interest of justice.