Keep off beef, Rajasthan Minister tells Muslims as Home Minister visits Alwar
Jaipur, July 24 : Even as Rajasthan home minister Gulabchand Kataria on Tuesday promised strict action in the Alwar lynching case, his colleague and state Labour Minister Jaswant Singh asked Muslims and the Mev community to "stop consuming beef' and "keep away from cow smugglers to respect the Hindus."
"We will ensure punishment to the guilty," home minister Kataria said while inspecting the site at Ramgarh (Alwar) where Rakbar alias Akabar was lynched by a mob over cow smuggling on Saturday night. Kataria was accompanied by Director General of Police OP Galhotra.
Earlier, Labour Minister Jaswant Singh, who was also in Alwar, said: "These incidents (of violence) are almost a daily occurrence," adding that since the "root cause" is cow smuggling, "the Muslims should avoid eating beef and not support cow smugglers."
Kataria met Chief Secretary DB Gupta, DGP Galhotra and special Director General (Law and Order) NRK Reddy to review the situation following the lynching incident. He said that a few lapses have come to the fore on police's part and an assistant sub-inspector has been suspended. "Action has also been taken against four constables. We will take right action," he said.
The post-mortem of Rakbar has confirmed that he died due to multiple internal injuries sustained from severe beating, sources said.
Amid a charged atmosphere in Alwar, district Shiv Sena chief Bhupendra Singh Naruka said his party supported the 'innocents' caught by the police and would fight their case in the court "on its expenses." He also questioned BJP on its delay to declare cow as a "national animal" of the country.
Meanwhile BJP legislator from Ramgarh (Alwar) Gyandev Ahuja on Tuesday said that Rakbar had died in police custody and not by a mob. He also said that action taken against four policemen on Monday was to "shield" senior police officers. He also demanded a judicial probe into this matter.
The Rajasthan police late on Monday accepted "error of judgement" by its personnel which delayed the victim's arrival to the hospital. Rakbar was declared brought dead in the hospital.
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SC to hear pleas against laws granting immunity to husbands in marital rape cases
New Delhi (PTI): The Supreme Court has said it listed for Tuesday pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex.
A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala said the pleas were already "listed tomorrow" and they would be taken up after some part-heard cases.
The pleas for early listing were mentioned by senior advocate Karuna Nundy, appearing for a litigant in the case.
On September 18, senior advocate Indira Jaising, appearing for one of the litigants, mentioned that the pleas needed to be heard urgently.
The top court on July 16 agreed to list for hearing the pleas on the legal question. The Chief Justice had indicated that the cases might be taken up on July 18.
Under the exception clause of Section 375 of the Indian Penal Code (IPC), now repealed and replaced by the Bharatiya Nyaya Sanhita (BNS), sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
Even under the new law, Exception 2 to Section 63 (rape) says that "sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape".
The top court on January 16, 2023, sought the Centre's response on a clutch of petitions assailing the IPC provision, which provides protection to a husband against prosecution for forcible sexual intercourse if the wife is an adult.
On May 17, it also issued a notice to the Centre on a similar plea challenging the BNS provision on the issue.
The BNS, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam came into effect from July 1, replacing the IPC, Code of Criminal Procedure (CrPC) and the Evidence Act, respectively.
"We have to resolve the matters concerning marital rape," the bench had said.
The Centre earlier said the issue had legal as well as social implications, and the government would like to file its response to the petitions.
One of the pleas is related to a Delhi High Court split verdict of May 11, 2022, on the issue.
The appeal has been filed by a woman, who was one of the petitioners before the high court.
While delivering a split judgment, Justice Rajiv Shakdher and Justice C Hari Shankar concurred on granting the petitioners a certificate of leave to appeal in the Supreme Court as the matter involved substantial questions of law, which required a decision by the top court.
While Justice Shankar, who headed the division bench, favoured striking down the marital rape exception for being "unconstitutional" and said it would be "tragic if a married woman's call for justice is not heard even after 162 years" since the enactment of the IPC, he said the exception under the rape law was not "unconstitutional and was based on an intelligible differentia".
The concept of intelligible differentia distinguishes people or things grouped together from those that are left out.
Another plea has been filed by a man against a Karnataka High Court verdict that paved the way for his prosecution for allegedly raping his wife.
Karnataka High Court had on March 23 last year said exempting a husband from allegations of rape and unnatural sex with his wife ran against Article 14 (equality before law) of the Constitution.
The set of pleas are PILs filed against the IPC provision and have challenged the constitutionality of the marital rape exception under Section 375 (rape) of the IPC on grounds that it discriminates against married women who are sexually assaulted by their husbands.
