Court rules against wife who sued husband for forced ‘unnatural sex’ – Newstrends
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Court rules against wife who sued husband for forced ‘unnatural sex’

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Court rules against wife who sued husband for forced ‘unnatural sex’

An Indian judge has dismissed the complaint of a woman who claimed that her husband committed “unnatural sex,”.

The judge said it is not illegal for a husband to force his wife to engage in sexual acts under the Indian law.

The ruling, made in the Madhya Pradesh High Court last week, highlighted a legal loophole in India that doesn’t criminalise marital rape by a husband against his wife if she’s over age 18, CNN reports.

The woman told police her husband came to her house in 2019, soon after they were married, and committed “unnatural sex,” under Section 377 of India’s penal code, according to the Madhya Pradesh High Court order.

The offence includes non-consensual “carnal intercourse against the order of nature with any man, woman or animal,” and was historically used to prosecute same-sex couples who engaged in consensual sex before the Supreme Court decriminalized homosexuality in 2018

The woman also alleged the act happened “on multiple occasions,” and that her husband had threatened to divorce her if she told anyone about it. She finally came forward after telling her mother, who encouraged her to file a complaint in 2022, the court heard.

Meanwhile, the husband challenged his wife’s complaint with his lawyer claiming that any “unnatural sex” between the couple was not criminal as they were married.

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Delivering his judgement, Justice Gurpal Singh Ahluwalia stressed India’s marital rape exemption, which does not make it a crime for a man to force sex on his wife, a relic of British rule more than 70 years after independence.

“When rape includes insertion of penis in the mouth, urethra or anus of a woman and if that act is committed with his wife, not below the age of fifteen years, then the consent of the wife becomes immaterial … Marital rape has not been recognized so far,” the judge said.

India’s Supreme Court increased marital consent from the age of 15 to 18 in a landmark judgment in 2017.

The woman also accused her in-laws of mental and physical harassment “on account of non-fulfilment of demand of dowry,” the court order said. A trial is pending.

Ahluwalia’s remarks have once again raised questions over India’s treatment of women, who continue to face the threat of violence and discrimination in the deeply patriarchal society.

The world’s largest democracy of 1.4 billion has made significant strides in enacting laws to better safeguard women, but lawyers and campaigners say its reluctance to criminalize marital rape leaves women without adequate protection.

According to the 2019-2021 National Family Health Survey by the Government of India, 17.6% of more than 100,000 women ages 15-49 surveyed said they were unable to say no to their husband if they didn’t want sex, while 11% thought husbands were justified in hitting or beating his wife if she refused.

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Women alleging rape in India have some avenues of potential legal action against their husbands.

For example, they can seek a restraining order under civil law or charges under Section 354 of India’s Penal Code, which covers sexual assault short of rape, and Section 498A, which covers domestic violence.

These laws are open to interpretation and judges can use them to impose prison sentences for sexual assault in cases where a married woman has alleged rape, but many don’t, lawyer Karuna Nundy previously told CNN.

Many married women are also ignored when they try to file a police complaint, a 2022 study showed.

The study examined records from three Mumbai public hospitals from 2008 to 2017 and found that of 1,664 rape survivors, no rape cases were filed by police. At least 18 of those women reported marital rape to the police, including 10 women who alleged rape by a former partner or husband.

Four women were explicitly told by police that they could not do anything as marital rape was not a crime, the report said.

Over the years, Campaigners have been trying to change the law but said they’re up against conservatives who argue that state interference could destroy the tradition of marriage in India.

Court rules against wife who sued husband for forced ‘unnatural sex’

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Israel ejects Gaza hospital, detains medical personnel

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A wounded Palestinian man evacuated from Kamal Adwan Hospital in northern Gaza is brought to Al-Ahli al-Arabi Hospital

Israel ejects Gaza hospital, detains medical personnel

The last major functioning hospital in northern Gaza was forcibly evacuated by the Israeli military on Friday after dozens of people were reportedly killed in Israeli strikes targeting the area.

Medical staff, including the director of the Kamal Adwan Hospital, have also been detained, Gaza health officials said on Saturday.

The hospital director, Dr Hussam Abu Safiya, was among the first to report that about 50 people had been killed in Israeli air strikes targeting the vicinity of the hospital on Friday.

The IDF had said it was carrying out an operation in the area, alleging the hospital was a “Hamas terrorist stronghold”.

On Friday, patients at the hospital were forcibly moved to the nearby Indonesian Hospital which doctors warn is damaged and unsuitable due to a lack of power generators and water.

Eid Sabbah, head of the nursing department at Kamal Adwan, told the BBC the military had ordered the evacuation around 07:00 on Friday, giving the hospital about 15 minutes to move patients and staff into the courtyard.

Israeli troops then entered the hospital and removed the remaining patients, he said.

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The IDF said it had “facilitated the secure evacuation of civilians, patients and medical personnel” before beginning the operation.

Seriously ill patients were moved to the nearby Indonesian Hospital, itself evacuated earlier in the week, which medics have described as non-functional.

“You can’t call it a hospital, it’s more of a shelter. It’s not equipped for patients,” Gaza’s deputy minister of health, Dr Abu-Al Rish, told the BBC on Friday.

Dr Sabbah, from Kamal Adwan Hospital, said: “It’s dangerous because there are patients in the ICU department in a coma and in need of ventilation machines and moving them will put them in danger.”

He had said critically ill patients needed to be moved in specialised vehicles.

The World Health Organization said the raid “has put this last major health facility in north Gaza out of service”.

“Initial reports indicate that some key departments were severely burnt and destroyed during the raid,” it posted on X on Friday.

Nadav Shoshani, international spokesman for the Israel Defense Forces (IDF), said in a post on Friday evening on X that a “small fire broke out in an empty building inside the hospital that is under control”.

This was when IDF troops were not inside the hospital, he said, adding that “after preliminary examination, no connection was found between IDF activity to the fire”.

The director of Kamal Adwan hospital had said on Friday that approximately 50 people had been killed, including five medical staff, in a series of Israeli air strikes targeting the vicinity of the hospital.

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The statement from Dr Hussam Abu Safiya said a building opposite the hospital was targeted by Israeli warplanes, leading to the death of a paediatrician and a lab technician, as well as their families.

He said a third staff member who worked as a maintenance technician was targeted and killed as he rushed to the scene of the first strike.

Two of the hospital’s paramedics were 500m (1,640ft) away from the hospital when they were targeted and killed by another strike, the statement continued, with their bodies remaining in the street with no-one able to reach them.

The Israeli military said on Friday morning that it was “unaware of strikes in the area of Kamal Adwan hospital” and was looking into the reports that staff had been killed.

Kamal Adwan hospital in Beit Lahia has been under a tightening Israeli blockade imposed on parts of northern Gaza since October, when the military said it had launched an offensive to stop Hamas from regrouping there.

The UN has said the area is under a “near-total siege” as the Israeli military heavily restricts access of aid deliveries to an area where an estimated 10,000 to 15,000 people remain.

In recent days, the hospital’s administrators have issued desperate pleas appealing to be protected, as they say the facility has become a regular target for Israeli shelling and explosives.

Oxfam said that attempts by aid agencies to deliver supplies to the area since October had been unsuccessful because of “deliberate delays and systematic obstructions” by the Israeli military.

Additional reporting by Shaimaa Khalil

Israel ejects Gaza hospital, detains medical personnel

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Trump asks Supreme Court to suspend law for TikTok ban

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President-elect Donald Trump

Trump asks Supreme Court to suspend law for TikTok ban

US President-elect Donald Trump filed a brief Friday urging the Supreme Court to pause a law that would ban TikTok the day before his January 20 inauguration if it is not sold by its Chinese owner ByteDance.

“In light of the novelty and difficulty of this case, the court should consider staying the statutory deadline to grant more breathing space to address these issues,” Trump’s legal team wrote, to give him “the opportunity to pursue a political resolution.”

Trump was fiercely opposed to TikTok during his 2017-21 first term, and tried in vain to ban the video app on national security grounds.

The Republican voiced concerns — echoed by political rivals — that the Chinese government might tap into US TikTok users’ data or manipulate what they see on the platform.

US officials had also voiced alarm over the popularity of the video-sharing app with young people, alleging that its parent company is subservient to Beijing and that the app is used to spread propaganda, claims denied by the company and the Chinese government.

Trump called for a US company to buy TikTok, with the government sharing in the sale price, and his successor Joe Biden went one stage further — signing a law to ban the app for the same reasons.

– Reversing course –

Trump has now, however, reversed course.

At a press conference last week, Trump said he has “a warm spot” for TikTok and that his administration would take a look at the app and the potential ban.

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Earlier this month, the president-elect met with TikTok CEO Shou Zi Chew at his Mar-a-Lago residence in Florida.

Recently, Trump told Bloomberg he had changed his mind about the app: “Now (that) I’m thinking about it, I’m for TikTok, because you need competition.”

“If you don’t have TikTok, you have Facebook and Instagram — and that’s, you know, that’s Zuckerberg.”

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Romeo and Juliet actress Olivia Hussey dies at 73

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Actress Olivia Hussey

Romeo and Juliet actress Olivia Hussey dies at 73

Actress Olivia Hussey, who shot to international prominence as a teenager for her role in the acclaimed 1968 film version of Romeo and Juliet, has died aged 73.

The Argentinian-born actress, who grew up in London, died on Friday surrounded by her loved ones, a statement posted on her Instagram said.

Hussey won the best new actress Golden Globe for her part as Juliet, but decades later she sued Paramount Pictures for sexual abuse as she was aged just 15 when she filmed the movie’s nude scene.

Her other most notable screen role was as Mary, mother of Jesus, in 1977 TV miniseries Jesus of Nazareth.

“As we grieve this immense loss, we also celebrate Olivia’s enduring impact on our lives and the industry,” the statement said.

Hussey was born in Buenos Aires, Argentina, in 1951, before moving to London aged seven and studying at the Italia Conti Academy drama school.

1968’s Romeo and Juliet was nominated for best picture and director Oscars

She was 15 when Romeo and Juliet director Franco Zeffirelli discovered her onstage, playing opposite Vanessa Redgrave in the play The Prime of Miss Joan Brodie

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Zeffirelli was looking for someone who was young enough to be a convincing Juliet in what he intended to be the definitive cinematic version of the Shakespeare play.

He cast Hussey alongisde British 16-year-old Leonard Whiting as Romeo in the film.

The film was nominated for an Oscar for best picture and director. Hussey missed out on an Oscar nomination herself in a strong year in which Barbra Streisand won the main award for Funny Girl.

But at that year’s Golden Globes Hussey won the award for best new star.

Decades later, she and Whiting sued Paramount Pictures alleging Zeffirelli – who died in 2019 – had encouraged them to film nude scenes despite previous assurances they would not have to.

The pair sought damages of more than $500m (£417m), based on suffering they said they had experienced and the revenue brought in by the film since its release.

But last year a judge dismissed the case, finding the scene was not “sufficiently sexually suggestive”.

In 1977, Hussey had reunited with Zeffirelli for Jesus of Nazareth to play the Virgin Mary, before appearing in Death on the Nile a year later based on Agatha Christie’s novel.

Her roles in early slasher film Black Christmas (1974) and TV film Psycho IV: The Beginning earned her recognition as a scream queen. In the latter, she p[layed Norman Bates’s mother in a prequel storyline.

In later years she also took on work as a voice actress, appearing frequently in video games.

But she did have one final reunion with her former Romeo – as she and Whiting appeared together in the 2015 British film Social Suicide, which was loosely based on Romeo and Juliet, albeit set in the social media era.

 

Romeo and Juliet actress Olivia Hussey dies at 73

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