New Delhi, Jun 25 () A plea has been filed in the Supreme Court on Thursday seeking proper "medical treatment and facilities" to as many as 57 minor girls who have tested positive for COVID-19 in a Kanpur-based shelter home in Uttar Pradesh. The plea has been filed by lawyer Aparna Bhat in her capacity as an amicus curiae in a 2007 case related to "Exploitation of Children in Orphanages in State of Tamil Nadu". Seeking better facilities for such children, the plea said, "Allow the present application and direct that appropriate medical treatment and facilities be given to the minor girls who have reportedly tested positive for COVID-19 in the Shelter Home in Kanpur District, Uttar Pradesh and report on their health condition on a regular basis". The National Human Rights Commission has also taken cognizance of news reports that 57 minor girls have tested positive for COVID-19 at the Kanpur shelter home. Bhat has sought a direction to the Centre to issue an advisory to all Child Welfare Committees to ensure that children, who are being newly admitted into any Child Care Institutions (CCIs), are suitably quarantined before allowing them to be placed in CCIs and the necessary resources for the same be allocated as an interim measure to meet the extraordinary requirements of the pandemic. "Direct the Union of India to immediately identify homes for the purposes of quarantining children who are COVID positive and/or who are in need of being quarantined since their immediate history cannot be accessed and they can asymptomatic carriers," the plea said. It said that the Centre be asked to make testing mandatory before placing new children in the CCIs and then follow the necessary protocol. The application has sought a direction to the Centre to call for a report from each state about the conditions of the children in the CCIs and their COVID-19 readiness including facilities for testing, quarantine and other facilities that are prescribed by the Ministry of Health for management of COVID-19 positive patients. The plea referred to the fact that the top court, on April 3, had taken suo motu (on its own) cognizance of the condition of children in protection, juvenile and foster or kinship homes across the country amid the coronavirus outbreak and had issued directions to the state governments and various other authorities to protect them. "That the manner in which COVID-19 has spread in the concerned Shelter Home makes it clear that the directions passed by this Court in Re: Contagion of COVID-19 Virus in Children Protection Homes order dated April 03, …with respect to the measures to be taken by Child Welfare Committees, Juvenile Justice Boards, CCIs and Governments have not been followed," the plea said. Earlier on June 11, the apex court had taken note of 35 children testing positive for COVID-19 in a government-run shelter home in Tamil Nadu and had sought a status report from the state government including steps taken to protect other children at the facility. It had also sought status report from different state governments on steps taken to protect children in shelter homes amid the pandemic, and also compliance of its April 3 order in this regard. It had said a detailed order was passed by the Court on April 3 dealing with all issues pertaining to children in conflict with law and several directions were given to the State Governments for taking preventive measures to protect children from the spread of COVID-19. The top court said that Juvenile Justice Committees of high courts will circulate a questionnaire of the court among state governments seeking information in relation to the care and protection of children in conflict with law and submit their feedback before June 30. SJK MNL ABA MNL RKS RKS

Plea in SC for proper treatment of COVID-positive minor girls of Kanpur shelter home

New Delhi, Jun 11 () The Supreme Court on Thursday took note of 35 children testing positive for COVID-19 in a government-run shelter home in Tamil Nadu and sought a status report from the state government including steps taken to protect the remaining children. A bench of justices L Nageswara Rao, Krishna Murari and S Ravindra Bhat also sought status report from different state governments on steps taken to protect children in shelter homes amid the pandemic, and also compliance of its April 3 order in this regard. The top court said that Juvenile Justice Committees of high courts will circulate a questionnaire among state governments and collect their feedback about the protection of children from COVID-19 in shelter homes. More than 35 children and five staff members have tested COVID-19 positive in government-run shelter home in Royapuram locality in Tamil Nadu. On April 3, the top court had taken suo motu (on its own) cognizance of the condition of children in protection, juvenile and foster or kinship homes across the country amid the coronavirus outbreak and had issued directions to the state governments and various other authorities to protect them. The top court had said as the COVID-19 pandemic is intensifying in the country, it is important that urgent measures are taken on a priority basis to prevent the spread of the virus in child care institutions (CCIs), children in need of care and protection (CNCP), children in contact with the law (CICWL) in observation homes and children in foster and kinship care. It had said the juvenile justice boards (JJBs) should consider steps to release all children alleged to be in conflict with law residing in observation homes on bail, unless there are clear and valid reasons not to do so. The top court had issued directions for the child welfare committees (CWCs) across the country and said they would monitor cases telephonically of children sent back to their families and coordinate through the district child protection committees and foster care and adoption committees for those in foster care. The top court had directed the JJBs and children's courts "to pro-actively consider whether a child or children should be kept in CCIs, considering the best interest, health and safety concerns". It had said video-conferences or online sittings can be held to prevent contact for speedy disposal of cases and the JJBs should ensure that counselling services are provided for all children in observation homes. The top court had directed that all state governments shall circulate information to CCIs about how to deal with COVID-19 immediately, with instructions that awareness about it is spread in a timely and effective manner. It had asked the states to stay prepared for a disaster or emergency situation that may arise and start developing a system to put in place trained volunteers who could step in to care for children. MNL ABA SJK MNL DV DV

SC takes note of COVID-19 infection among children in TN shelter home

The Congress alleged on Thursday that the Modi government has been "caught snooping" after <keyword id="790242" type="COMPANY" weightage="20" keywordseo="WhatsApp">WhatsApp</keyword> said that journalists and human rights activists in India have been targets of surveillance, as it urged the Supreme Court to hold the Centre accountable over the issue. Facebook-owned WhatsApp said Indian journalists and human rights activists were among those globally spied upon by unnamed entities using an Israeli <keyword id="48511" type="PERSON" weightage="20" keywordseo="Spyware">spyware</keyword> Pegasus. "Modi govt caught snooping! Appalling but not Surprising! After all, BJP Govt- 1. Fought against our right to privacy. 2. Set up a multi crore Surveillance Structure until stopped by SC. SC must take immediate cognisance and issue notice to BJP government," Congress's chief spokesperson Randeep Surjewala said in a tweet. "A government that spies on journalists/activists/Opposition leaders and treats its own citizens like criminals has lost the right to lead in our democracy. We urge the SC to take suo motu cognizance of these illegal activities and to hold this government to account," he said in another tweet. WhatsApp said it was suing <keyword id="3598670" type="COMPANY" weightage="20" keywordseo="NSO-Group">NSO Group</keyword>, an Israeli surveillance firm, that is reportedly behind the technology that helped unnamed entities' spies to hack into phones of roughly 1,400 users. These users span across four continents and included diplomats, political dissidents, journalists and senior government officials. However, it did not say on whose behest the phones of journalists and activists across the world were targeted. Tagging a media report which claimed that 1.3 million Indian payment card details are up for sale on the dark web, Surjewala also alleged that "data theft and data fraud" has become the norm since Modi government came to power. "Is this why Modi ji calls Data the new Oil (for BJP Machine?). 1.3 million Indian Payment Card Details are up for sale on Dark Web putting the card holders vulnerable to yet another synchronised fraud," he said. ASK SOM

Indian Supreme Court asked to hold government accountable for WhatsApp hack after accusations of 'snooping'

New Delhi, Jul 10 () The Supreme Court on Friday decided to use technology more in judicial proceedings keeping in mind the prevailing COVID-19 situation and directed that now court summons and notices can be served on persons through "emails, fax and instant messaging applications" like 'WhatsApp'. The top court had earlier taken suo motu (on its own) cognizance of the difficulties faced by lawyers and litigants during lockdown due to COVID-19 and had decided to extend the period of limitation prescribed under laws for initiating arbitral proceedings and the cheque bounce cases with effect from March 15 till further orders. A bench comprising Chief Justice S A Bobde and Justices R Subhash Reddy and A S Bopanna passed the order on the plea filed by Attorney General K K Venugopal in the case. "For services of notices and summons, pleadings it has been seen that it was not possible during lockdown to visits postal offices…we direct that such service (of notices and summons) may be done by email, fax, or through an instant messenger service," the bench said and refrained from using the name of 'WhatsApp' in the order. It referred to the example of 'Xerox' and said that the name of the company has been used to convey the meaning of 'photostate'. The top court allayed the apprehension of Venugopal that he was "not comfortable" with the service of summons and notices through WhatsApp as it has been a "completely encrypted platform". It said that the "blue tick" feature of the messaging application can be used to prove the service of the court's notices under the Evidence Act and if the application is deactivated then it cannot be proven and hence such services can be used. On the extension of limitation period for filing of cheque dishonor cases under section 138 of the Negotiable Instruments Act , the apex court Friday said that it will not intervene into this and the time period can be extended by the RBI only. "Under Section 35A of the Banking Regulation Act, we don't consider it appropriate to interfere in the deadline prescribed by RBI. If RBI considers to extend, then they can do it." The apex court then allowed the modification plea and said the 12 months-time period under the law to complete arbitral proceedings be allowed to remain in force. The bench then dealt with a provision related to the functioning of Commercial Courts and said that the limitation period fixed for mediation will be extended by 45 days after lifting of the lockdown. The apex court took note of the submission of senior advocate Shyam Divan that the lifting of lockdown was a vague term and even after its lifting, certain areas are still declared containment zones having the earlier problems. The apex court said that it was a valuable suggestion and it would like to deal with the term "lifting of lockdown". Earlier, it had extended the period of limitation prescribed under laws for initiating arbitral proceedings and the cheque bounce cases with effect from March 15 till further orders. The Arbitration and Conciliation Act, 1996 and the Negotiable Instruments Act, 1881 provide fixed time periods to litigants to initiate arbitral proceedings and cheque dishonour cases. They become time-barred if filed after the statutory periods. Prior to this, the top court on March 23 had invoked its plenary powers under Article 142 of the Constitution to extend limitation period of appeals from high courts or tribunals on account of coronavirus (COVID-19) pandemic. SJK ABA MNL ABA RKS RKS

SC allows email, fax, instant messaging apps like 'WhatsApp' for service of notices, summons

(Eds: Adding details from order) New Delhi, Jun 11 () The Supreme Court Thursday took note of 35 children testing positive for COVID-19 in a government-run shelter home in Tamil Nadu and sought a status report from the state government including steps taken to protect other children at the facility. A bench of justices L Nageswara Rao, Krishna Murari and S Ravindra Bhat also sought status report from different state governments on steps taken to protect children in shelter homes amid the pandemic, and also compliance of its April 3 order in this regard. The bench said it appears that 35 out of 57 children in a Protection Home at Royapuram, Chennai have been infected with COVID-19 and are hospitalised, and the remaining children have been shifted to an adjacent building. "We direct the Secretary, Health and Family Welfare Department, State of Tamil Nadu and secretary to Social Welfare Department to submit a report giving details of the reasons for the spread of COVID-19 in the said Protection Home. The status of the health of children in conflict with law in various protection homes in the State of Tamil Nadu shall be given in the report which shall be submitted by June 15, 2020," the bench said. It said a detailed order was passed by the Court on April 3 dealing with all issues pertaining to children in conflict with law and several directions were given to the State Governments for taking preventive measures to protect children from the spread of COVID-19. The top court said that Juvenile Justice Committees of high courts will circulate a questionnaire of the court among state governments seeking information in relation to the care and protection of children in conflict with law and submit their feedback before June 30. The top court annexed the questionnaire with the order, saying the format has been developed with the purpose of monitoring the situation of children in institutions and in need of care and protection in Covid-19 situation based on April 3 order. The bench said that this format would help the court to review the challenges faced by the authorities, child welfare committee, juvenile justice boards and district child protection units in holding virtual sessions, restoring children back to families as well in following up to the constraints of the lockdown and develop measures to deal with these. On April 3, the top court had taken suo motu (on its own) cognizance of the condition of children in protection, juvenile and foster or kinship homes across the country amid the coronavirus outbreak and had issued directions to the state governments and various other authorities to protect them. The top court had said as the COVID-19 pandemic is intensifying in the country, it is important that urgent measures are taken on a priority basis to prevent the spread of the virus in child care institutions (CCIs), children in need of care and protection (CNCP), children in contact with the law (CICWL) in observation homes and children in foster and kinship care. It had said the juvenile justice boards (JJBs) should consider steps to release all children alleged to be in conflict with law residing in observation homes on bail, unless there are clear and valid reasons not to do so. The top court had issued directions for the child welfare committees (CWCs) across the country and said they would monitor cases telephonically of children sent back to their families and coordinate through the district child protection committees and foster care and adoption committees for those in foster care. It had directed the JJBs and children's courts "to pro-actively consider whether a child or children should be kept in CCIs, considering the best interest, health and safety concerns". It had said video-conferences or online sittings can be held to prevent contact for speedy disposal of cases and the JJBs should ensure that counselling services are provided for all children in observation homes. The top court had directed that all state governments shall circulate information to CCIs about how to deal with COVID-19 immediately, with instructions that awareness about it is spread in a timely and effective manner. It had asked the states to stay prepared for a disaster or emergency situation that may arise and start developing a system to put in place trained volunteers who could step in to care for children. MNL ABA SJK SA

SC takes note of COVID-19 infection among children in TN shelter home, seeks report

(Eds: Eds: Adding details from order) New Delhi, Jun 19 () The Supreme Court Friday directed the Centre and States to set up expert panel for effective monitoring, supervision, and guidance of government and COVID dedicated hospitals for providing proper health care to the patients. The apex court also directed the Union government to bring uniformity in charges of testing and other facilities and ordered it to constitute an expert committee of senior doctors of Central government hospitals, GNCTD run hospitals, AIIMS and responsible officer from Union health ministry. A bench of Justices Ashok Bhushan, S K Kaul and M R Shah, which took up the matter for hearing through video conferencing, issued slew of directions in the case taken suo motu cognizance on the proper treatment of COVID-19 patients and dignified handling of dead bodies in the hospitals. It said that the expert committee shall inspect, supervise and issue necessary directions to all Government hospitals, COVID hospitals and other hospitals in NCT of Delhi taking care of COVID patients and the panel shall ensure that at least one visit in each hospital be done weekly. "The team may in addition to normal inspection shall also conduct surprise visits to assess the preparedness of the hospitals. The expert team as indicated after visiting may issue necessary instructions for improvement to the hospital concerned and also forward its report to the Government of NCT of Delhi and the Union of India, Ministry of Health and Family Welfare," the bench said in its 17-page order. It further directed that all States shall also constitute an expert team of doctors and other experts for inspection, supervision and guidance of Government hospitals and other hospitals dedicated to COVID-19 in each State who may inspect, supervise the hospitals in the State and issue necessary directions for the improvement to the concerned hospital and report to the Government. "Chief Secretary of each State shall ensure that such Committees are immediately constituted and start their works within a period of seven days," the bench said. The top court noted that Centre has constituted a Committee of Niti Ayog member Dr. V.K. Paul, representatives of the AIIMS and Delhi government, to assess the reasonable rates of various COVID related facilities/tests and on the basis of the panel's report a decision for reducing the charges of test in the NCT Delhi has been taken. "The Union of India may issue appropriate guidelines/directions to all the States/Union Territories with regard to prescribing reasonable rates of various Covid related facilities/test etc., which need to be uniformly followed by all concerned. In case, with regard to any particular State/Union Territory, there is any difference, the same may be specifically noticed and directed accordingly," the bench said. The top court said, "The Union of India, Ministry of Home Affairs may issue appropriate directions in exercise of power under Disaster Management Act, 2005 to all States/Union Territories to uniformly follow the revised discharge policy dated May 8, 2020 with regard to discharge of different categories of patients as categorised in the revised discharge policy." The bench also issued directions with regard to the patient care and said, "All Covid-dedicated hospitals shall permit one willing attendant of the patient in the hospital premise, who can remain in an area earmarked by the hospital". The top court welcomed the steps taken by LNJP hospital here with regard to installation of CCTV cameras in all the wards and said it would not only help the hospital management to immediately find out the requirement of proper care with regard to patients admitted in the wards but also ensure transparency in the patients care in the hospital. "Footage from the CCTV Cameras shall be made available by the hospitals in NCT of Delhi to the inspecting/supervising expert team or to any other authority or body as per directions of the Union of India, Ministry of Health and Family Welfare for screening the footage and issuing necessary directions thereon," it added. It said that in Government hospitals of GNCT, Delhi which are COVID dedicated hospitals, where CCTV cameras have not been installed, steps shall be taken to install CCTV Cameras in the wards. "The Chief Secretaries of other States shall also take steps regarding installation of CCTV Cameras in COVID dedicated hospitals where COVID patients are taking treatment to facilitate the management of such patients and for the screening of the footage by designated authorities or bodies so that remedial action may be suggested and ensured," the bench said. The top court took exception to the reply filed by Delhi government and said, "The affidavit tries to give an impression to the Court that everything in the Government hospital in NCT, Delhi is well, and all steps are being taken by the Government of NCT of Delhi. When the Government does not endeavour to know any shortcomings or lapses in its hospitals and patient care, the chances of remedial action and improvement becomes dim," the bench said. It said, "every organisation, every individual should be more than ready to know about shortcomings, lapses and it is only after knowing one's shortcomings and deficiencies, remedial actions can be taken". MNL SJK ABA MNL RKS RKS

SC asks Centre, States to set up expert panel for monitoring of COVID hospitals

New Delhi, Apr 6 () Court hearing in congregation must become an "exception" during the "extraordinary outbreak" of COVID-19 pandemic and it is necessary that all courts respond to the call of social distancing to ensure they do not contribute to the spread of virus, the Supreme Court said on Monday.Passing a slew of directions for all courts across India, it said that the apex court and all the high courts are authorised to adopt measures required to ensure robust functioning of judicial system through the use of video conferencing.Observing that "technology is here to stay", the top court passed the directions by exercising its plenary power under Article 142 of the Constitution and said that all the measures which shall be taken by the courts to reduce physical presence of stakeholders within its premises "shall be deemed to be lawful".A bench headed by Chief Justice S A Bobde said, "consistent with the peculiarities of the judicial system in every state and the dynamically developing public health situation", every high court would be authorised to determine the modalities suitable to the temporary transition to the use of video conferencing technologies."All measures that have been and shall be taken by this court and by the high courts, to reduce the need for the physical presence of all stakeholders within court premises and to secure the functioning of courts in consonance with social distancing guidelines and best public health practices shall be deemed to be lawful," said the bench, also comprising Justices D Y Chandrachud and L Nageswara Rao.The bench said the outbreak of coronavirus or COVID-19 in several countries including India has necessitated immediate adoption of measures to ensure social distancing to prevent transmission of the virus, and the apex court as well as the high courts have adopted measures to reduce physical presence."Access to justice is fundamental to preserve the rule of law in the democracy envisaged by the Constitution of India. The challenges occasioned by the outbreak of COVID-19 have to be addressed while preserving the constitutional commitment to ensuring the delivery of and access to justice to those who seek it," the bench said, adding, "Court hearings in congregation must necessarily become an exception during this period."The top court directed that district courts in each states shall adopt the mode of video-conferencing prescribed by the concerned high court."The concerned courts shall maintain a helpline to ensure that any complaint in regard to the quality or audibility of feed shall be communicated during the proceeding or immediately after its conclusion failing which no grievance in regard to it shall be entertained thereafter," it said.The bench directed that courts shall duly notify and make available the facilities for video-conferencing for such litigants who do not have the means or access to such facilities. "If necessary, in appropriate cases courts may appoint an amicus-curiae and make video conferencing facilities available to such an advocate," it said, adding, "Until appropriate rules are framed by the high courts, video conferencing shall be mainly employed for hearing arguments whether at the trial stage or at the appellate stage."The apex court made it clear that in "no case shall evidence be recorded without the mutual consent of both the parties by video-conferencing".The bench said if it is necessary to record evidence in a courtroom, the presiding officer shall ensure that appropriate distance is maintained between any two individuals in the court.It directed that the presiding officer shall have the power to restrict entry of persons into the courtroom or the points from which the arguments are addressed by the advocates. "No presiding officer shall prevent the entry of a party to the case unless such party is suffering from any infectious illness. However, where the number of litigants are many the presiding officer shall have the power to restrict the numbers. The presiding officer shall in his discretion adjourn the proceedings where it is not possible to restrict the number," the bench said.While making it clear that "these directions shall operate until further orders", the top court said that these directives have been issued in "furtherance of the commitment to the delivery of justice."It said that cooperation of all the concerned stakeholders, like judges, lawyers and litigants, is indispensable in successful implementation of these directions to ensure that the judiciary rises to face the unique challenge presented by the outbreak of COVID-19. The bench has listed the matter for hearing after four weeks.It said that every individual and institution is expected to cooperate in the implementation of measures designed to reduce the transmission of coronavirus and the scaling down of conventional operations within the precincts of courts is a measure in that direction. It said that modern technology has enabled courts to enhance the quality and effectiveness of the administration of justice and Indian courts have been "proactive in embracing advancement in technology in judicial proceedings".It has taken suo motu (on its own) cognizance of a letter written by senior advocate and former Supreme Court Bar Association (SCBA) president Vikas Singh, who has suggested measures for use of technology for conducting hearings in the courts. ABA MNL SJK SA

SC issues guidelines for functioning of courts through video conferencing during COVID-19 pandemic

Taking suo motu cognizance of a media report, the <keyword id="55819" type="ORGANIZATION" weightage="20" keywordseo="Central-Vigilance-Commission">Central Vigilance Commission</keyword> has summoned country head of <keyword id="80487" type="COMPANY" weightage="20" keywordseo="walmart">Walmart</keyword> amid allegations that it gave bribes to government officials to get customs clearances and obtain permits to set up stores in India. 
 

	The probe, which is the first of its kind where the CVC has taken a suo-moto cognizance of a media report, will include screening of the documents of the company. 
 

	"Some observations have been made that Walmart gave some amount to government officials here. It is our duty to look into it," vigilance commissioner TM Bhasin said. 
 

	"We have asked them to submit details to us by November 15," Bhasin said. 
 

	It is for the first time that the probity watchdog has started investigation involving a private company. 
 

	The CVC's move is based on a recent report by Wall Street Journal which said to have found evidence of Walmart Stores Inc allegedly paying "thousands of small bribes to local officials" in India to get customs clearances and obtain real-estate permits. 
 

	Vast majority of payments were below USD 200 (about Rs 13,100 at current exchange rate) and some were as low as USD 5 (Rs 330) but together totaled millions of dollars, the report has alleged. 
 

	The world's largest retailer entered India in 2007 through a supermarket joint venture with Bharti Enterprises but split up in 2013. Since then, it is mostly focused on wholesale business. 
 

	Walmart is likely to face charges of violating the US Foreign Corrupt Practices Act due to these payments, the paper had said, adding the charges in India are unlikely to amount to a large fine as FCPA penalties are connected to profits the alleged misconduct generated. 
 

	Wal-Mart did not respond to queries sent to them. 
	 
	(Image credit: Reuters)

CVC summons Walmart India head over bribery charges

Protests continue to surge across India against the rape of 19-year old Dalit girl from the <keyword id="6390895" type="LOCATION" weightage="20" keywordseo="hathras">Hathras</keyword> district in Uttar Pradesh. Congress workers are holding a candlelight march near India Gate against the alleged gang-rape. Protests also errupted in other parts of the country, like Pune, Chennai and Kolkata. after the brief detainment of <keyword id="5268" type="PERSON" weightage="20" keywordseo="Rahul-Gandhi">Rahul Gandhi</keyword> and <keyword id="12587" type="PERSON" weightage="20" keywordseo="Priyanka-Gandhi">Priyanka Gandhi</keyword> Vadra by the Uttar Pradesh (UP) Police. Meanwhile, Seema Kushwaha — who fought on the behalf of the rape victim in the landmark Nirbhaya case — may also be roped into defend the Hathras victim. "The family of the alleged gang-rape victim called me to Hathras as they want me to stand as their legal counsel. I'm not being allowed to meet them as administration says it will affect law and order situation," she told ANI. UP Police claims Hathras victim was not raped A senior Uttar Pradesh police officer said on Thursday said the forensic report has revealed that the 19-year-old Hathras woman who succumbed to her injuries at a Delhi hospital was not raped. Citing a forensic science laboratory (FSL) report, ADG (Law and Order) Prashant Kumar said the cause of her death is an injury on the neck and trauma resulting due to it. "The report of the FSL has also come. It says clearly that samples did not have sperm. It makes clear that there was no rape or gang rape," Kumar said. "Even the woman in her statement to police did not mention about rape but talked about 'marpeet' (beating) only," he said. "For disturbing social harmony and create caste violence, some persons wrongly presented facts," the UP police officer said. "Police took immediate action in the case and now we will identify those who tried to disturb social harmony and create caste violence," the ADG added, stressing that people "distorted facts" in the media. Rahul and Priyanka Gandhi detained for violating Section 188 on their march to Hathras Congress leader Rahul Gandhi and his sister Priyanka Gandhi Vadra have been detailed by the Uttar Pradesh police their way to Hathras for violating Section 188 of the Disaster Management Act. It cites disobedience which causes danger to human life, health or safety or causes or tends to cause riot or affray. Violation of Section 188 can lead to an imprisonment term up to 6 months or a fine up to 1,000 rupees. As he was being arrested, Rahul Gandhi reportedly tripped amid the melee as he was being detained by the police. <div type="image" title="rahul gandhi arrest2" msid="78426053" hostid="261" caption="&amp;lt;p&amp;gt;Rahul Gandhi seen tripping in the process of being detained by the UP Police on his way to Hathras&amp;lt;/p&amp;gt;"></div> The group of Congress workers was still around 140 kilometers away from Hathras when the arrest occurred. The Gandhi's were on the way to visit the family of the 19-year old gang rape victim.. The rushed cremation of the victim has led to a surge in protests across the country. As the two Gandhi's were being taken away, Congress workers were seen blocking the road to keep the police van from leaving, which ensued in the UP police using force to clear the way. They have been taken to the Buddh International Circuit guest house. NCW seeks explanation from UP Police on urgency to cremate body of Hathras gangrape victim <ul class="inte_common"></ul>The National Commission for Women (NCW), in a statement, said it is shocked at the brutal gangrape of a 20-year-old woman in Hathras, Uttar Pradesh who died in Delhi after fighting for life for two weeks. The incident underlines the grim state of women in the society, it said. The commission said it also came across a disturbing report on police officials cremating her body in the middle of the night without the permission and presence of her family members. It has been reported that the victim's body was cremated at 2:30 am by the police without the presence of any family member. "The victim's family had reportedly appealed to the District Magistrate for taking her body home for performing the last rites, however the police went ahead with the cremation while most of her family members were away," it said. "The commission has now written to Director General of Police, Uttar Pradesh seeking an explanation on the urgency to cremate the body of the victim in the middle of the night that too in the absence of her family. NCW has asked the administration to send a reply on the same at the earliest," it said. Congress convoy to Hathras stopped in UP —Rahul, Priyanka Gandhi proceed on foot Vehicles of Congress leaders Rahul Gandhi and Priyanka Gandhi Vadra, who were on their way to Hathras to meet the family of the Dalit gang-rape victim, were stopped in Uttar Pradesh's Greater Noida on Thursday, party officials said. <div type="twitter" handle="ANINewsUP" handlename="ANI UP" image="http://pbs.twimg.com/profile_images/706717125369470976/C-CLFqhC_normal.jpg" favoritecount="503" retweetcount="115" status="Priyanka Gandhi Vadra along with Congress workers walks along the Yamuna Expressway, after her vehicle was stopped… https://t.co/BJH2t8gltG" createdat="1601540406000" id="1311581642146816000"></div> The convoy was stopped near Pari Chowk, prompting party workers and senior leaders to proceed on foot, with some functionaries saying they will walk down to Hathras. Around the same time last year, we were fighting for the Unnao daughter and the situation in UP has not changed in a year, Priyanka Gandhi told reporters as she started walking on the expressway. The Uttar Pradesh government, Chief Minister Yogi Adityanath must take responsibility for women safety in the state and ensure atrocities against them are stopped, she added. After Hathras, another gangrape victim dies in UP's Balrampur A 22-year-old Dalit woman died after allegedly being raped by two men in Uttar Pradesh's Balrampur district, succumbing to critical injuries on the same day as the teen from Hathras in the state who breathed her last in a Delhi hospital two weeks after she was gangraped. Both the women died on Tuesday and were cremated on Wednesday. The two men accused of assaulting the woman from Balrampur have been arrested, police said amid outrage over the death of the 19-year-old Dalit woman from Hathras. The Balrampur victim's mother told reporters on Wednesday night that the rapists broke her daughter's legs and back, a charge denied by the police. "My daughter had gone to take admission in a college on Tuesday. On her way back, three-four persons abducted her, took her to their room, gave her an injection and raped her. They later sent her back on an e-rickshaw, which dumped her outside our house. They broke her legs and back. She could not stand or talk," the woman said. Quoting the victim's family members, Balrampur Superintendent of Police (SP) Dev Ranjan Verma said the woman worked in a private firm and returned home on Tuesday in a serious condition. She looked dazed and had a cannula, medically known as Vigo and used for administering an injection or other fluids in the body, inserted in her hands. She was rushed to a nearby hospital but died on the way, the SP said. When the matter was reported to the police by the hospital, her parents alleged she was gangraped, he added. Acting on the family's complaint, police identified the accused as Shahid and Sahil and arrested them. About the mother's allegation that the woman's legs and back were broken, Verma said, "It was not confirmed in the post-mortem. We contradict this news." She was cremated on Wednesday after the post-mortem in the presence of her family members, the police said. The district magistrate and the SP, along with the mahant of the Devipatan temple, Mithilesh Nath Yogi, visited her home on Thursday morning, met the family members and condoled her death. "The family members were assured that the accused will be given a strict punishment in accordance with law. A letter sanctioning a financial assistance of Rs 6,18,450 was handed over to them by the mahant. The amount will be sent to the victim's mother's bank account by the afternoon," a statement issued here said. The mother has demanded a compensation of Rs 25 lakh and a government job for her son. "My daughter wanted to become a lawyer but she was killed. The same fate should await the culprits. We want justice. My son should be given a government job and we should get at least Rs 25 lakh as compensation," she said. Safdarjung Hospital releases autopsy The autopsy of the 19-year old victim of the Hathras gang rape reveals that she was tortured, strangled and suffered from a cervical spine injury. However, the final diagnoses does not mention rape. It reads, "Alleged post-strangulation with cervical spine injury with sepsis with cardiopulmonary arrest." Instead, ‘rape and strangulation’ have been noted under the ‘<a href="https://www.ndtv.com/india-news/hathras-gang-rape-autopsy-report-shows-victim-was-strangled-suffered-cervical-spine-injury-2303696">medical history</a>’ section. The report adds that the victim was given CPR and ‘despite all resuscitative efforts’ was declared dead at 8:55 am on Tuesday, September 27. Section 144 in Hathras, borders sealed The district administration in Hathras has imposed Section 144 in the area and has banned the entry of all 'outsiders' including media persons in Boolgarhi Village where a 19-year-old Dalit girl was gang-raped and later passed away. District Magistrate Praveen Lakshkar said that the Special Investigation Team (SIT), set up to probe the incident, has reached the village and is interacting with the family and other people to record their statements. "They do not want any disturbance and hence, all entry of outsiders has been stopped," he said. The District Magistrate further said that he had no information of Congress leaders Rahul Gandhi and Priyanka Vadra reaching Hathras to meet the bereaved family. NHRC issues notice to Yogi government on Hathras incident The National Human Rights Commission (NHRC) has taken suo motu cognizance of the Hathras incident of the rape and murder of a 19-year-old Dalit girl and has issued a notice to the Yogi Adityanath government. The Commission has directed the state government to provide adequate protection to the family of the deceased, keeping in view the gravity of the matter and also the aspect of the witness protection as there is apparent rift between two communities. The government has been asked to respond to the notice within four weeks. <div type="Article" hostid="261" msid="78421883" title="Hathras rape case: NHRC directs UP government to provide adequate protection to victim's family" mstype="2" mssubtype="0"></div> 80 people detained over Hathras gangrape protest Delhi Police on Wednesday detained at least 80 persons who staged a protest over the Hathras gangrape case. This includes 36 men and 44 women. "Today around 11.30 pm, members of different parties - AIDWA, DSDU, AISA AIMSS - tried to reach UP Bhawan, SP Marg to stage a protest demanding harsh punishment for accused persons in Hathras gangrape case. We have detained 80 people in this connection," said a senior police officer. Police said that as the protestors have violated order u/s 144 CrPC in force and other laws regarding Covid-19, FIR u/s 188 IPC, 3 Epidemic Act &amp; 51(b) Disaster Management Act, PS Chanakyapuri has been registered against the protesters. Yogi announces ₹ 25 lakh aid for victim’s family Amid an uproar over the cremation of the body of a Dalit gang-rape victim early on Wednesday, Uttar Pradesh Chief Minister Yogi Adityanath spoke to the 19-year-old woman's father in Hathras district and offered his condolences. He also announced a compensation of ₹ 25 lakh to the bereaved family, apart from a job to one of its members. The family would also be given a house. The victim's father sought the harshest punishment for the four accused arrested for the crime reported on September 14. Additional Chief Secretary (Home) Avanish Awasthi said that the Chief Minister assured the woman's father of the most stringent action against the culprits and all possible help to the family. Yogi sets up SIT to probe Hathras incident The Yogi Adityanath government on Wednesday set up a Special investigation Team (SIT) to probe the Hathras incident. The SIT, according to official sources, will comprise home secretary Bhagwan Swaroop, DIG Chandra Prakash and IPS officer Poonam. The SIT will submit its report at the earliest. The Chief Minister, sources said, has decided to send the case to a fast track court in order to ensure justice to the victim. All four accused have already been arrested. PIL filed in Supreme Court seeking CBI probe in Hathras gang-rape and murder A PIL was filed in the Supreme Court on Wednesday seeking a CBI probe or SIT investigation under a sitting or former Supreme Court or High Court judge in the gruesome gang-rape and murder of a 19-year-old Dalit woman in Uttar Pradesh's Hathras district. The PIL has been filed by social activist Satyama Dubey and advocates Vishal Thakre and Rudra Pratap Yadav. The petitioners urged the apex court to pass appropriate order for a fair investigation - either by the CBI or the SIT under a sitting or retired judge of Supreme Court or High Court - and transfer the case to Delhi, as Uttar Pradesh authorities had failed to take certain actions against the accused. The plea said the victim was first raped and then brutally assaulted, and according to a medical report, her tongue was chopped and her neck and back bones broken by the accused, who belonged to an upper caste. The victim succumbed to her injuries at Safdarjung hospital in Delhi. The petitioner said on September 14, the accused persons raped and brutally assaulted the victim when she was in the fields to collect fodder for her cattle. It also said that the police have said the victim's cremation was being carried out as per the wishes of the family, which was not true, and the police personnel set fire to the body of the deceased, even as media persons were banned, as per the information received, said the plea. The Delhi Commission for Women (DCW) on Wednesday also wrote to Chief Justice of India (CJI) SA Bobde to urge the Supreme Court to take suo motu cognisance of the gruesome gang rape and murder of a Dalit woman in Uttar Pradesh's Hathras district. Hathras victim cremated, police denies coercion The 19-year-old Dalit woman from Hathra was cremated early Wednesday in her village amid tight security. "The police have forcibly taken the dead body, and my father along with them for cremation. When my father reached Hathras, he was immediately taken (to the crematorium) by the police," the victim's brother told the media. However, Hathras police have denied the charges and has issued a notice saying the coercion being talked about on social media is canard. It said: "The family cremated the body with due rituals under the supervision of police and administration." The victim, who was paralyzed after being allegedly dragged on the field by her attackers on September 14, died at the Safdarjung Hospital on Tuesday after battling for life for a fortnight. Her mortal remains reached the Boolgarhi village around midnight and the cremation was done at 3 a.m. There was tension as the victim's mortal remains reached the village and people tried to block the ambulance from moving ahead. Superintendent of Police (SP) Vikrant Veer denied any 'urgency' by the police in holding the cremation at night even though cremations do not normally take place after sunset. He added that the cremation was done by the family as usual after the body reached Boolgarhi village. The SP claimed that the situation is calm in the village, but heavy police force has been deployed. The woman was allegedly raped in a Hathras village by four men, who were later taken into custody. Initially she was rushed to the Jawaharlal Nehru Medical College and Hospital in Aligarh, but on Monday night had to be shifted to the Safdarjung Hospital in Delhi after her condition deteriorated. She was in a critical condition and on ventilator support. (With inputs from IANS and PTI)

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