by admin | May 25, 2021 | Books, News
New Delhi : The Supreme Court will hear a plea on Thursday that seeks to ban excerpts of Malayalam novel “Meesha”, whose serialisation in a leading Malayalam weekly was withdrawn by the author following threats by suspected right-wing outfits.
The plea is against the novel’s alleged derogatory content on women that may hurt their sentiments.
A bench headed by the Chief Justice Dipak Misra agreed to hear the matter on Thursday after lawyer Usha Nandani mentioned the matter on Wednesday for an early hearing.
Petitioner Radhakrishnan has sought the banning of the publication or circulation by internet or propagation of that part of the novel that he alleged was derogatory to women.
Authored by Kerala Sahitya Akademi award-winning writer S. Hareesh, his maiden novel “Meesha” is set for a formal release on Wednesday.
The novel was being serialised by Mathrubhumi Weekly before being withdrawn by the author.
Hareesh had said that it all started after suspected right-wing activists posted on his Facebook page that the novel was an “insult” to Hinduism.
He also told a Malayalam TV channel that he is unable to and too weak to take on the people as threats have started to come against him and his family and withdrew it from further serialisation.
Fearing more onslaughts, Hareesh has also closed down his Facebook account.
What appears to have attracted the ire of the right-wing outfits is a conversation between two characters in the novel, where they suggest that women who go to temples are subconsciously making a declaration that they are ready for a sexual relationship.
The character also says that women, when they fail to turn up in the temple for four or five days in a month, are not ready for it on those days.
Following the threats, the author had drawn support from political circles, including former Kerala Chief minister V.S. Achuthanandan, Leader of Opposition Ramesh Chennithala and Congress MP Shashi Tharoor.
Meanwhile, the novel has been published by DC Books and is currently available in bookstores across Kerala.
—IANS
by admin | May 25, 2021 | News, Politics
New Delhi : Of over 60 lakh children aged 6-13 who were reckoned as ‘out of school’ in 2014, more than 75 per cent belonged SC, ST and other minority groups, the Lok Sabha was told on Monday.
Quoting a 2014 survey done by International Market Research Bureau (IMRB), Minister of State for HRD, Upendra Kushwaha said in Lok Sabha that there were 20.41 crore children in the age group of 6-13 years in the country and, of which 60.64 lakh or 2.97 per cent were out of school.
Another set of data given in Parliament by the Minister revealed of these 60.64 lakh, 19,66,029 came from Scheduled Caste, 10,07,563 from Scheduled Tribe and 16,61,813 from minority groups, across the country, totaling 46,35,405.
The minister said there has been a “consistent reduction” in the number of such children and cited independent surveys commissioned by MHRD over the years in support.
As per the data provided by the minister, compiled by IMRB, the number of out of school children came down from 134.6 lakh in 2005 to 81.5 lakh in 2009 and further to 60.64 lakh in 2014.
—IANS
by admin | May 25, 2021 | News, Politics
New Delhi : The Supreme Court on Monday said the practice of female genital mutilation (FGM) in Dawoodi Bohra community is violative of Article 21 and Article 15 of the Constitution that guarantees protection of life and personal liberty and prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
“It is violative of Article 21 of the Constitution as it puts the female child to the trauma of FGM,” said the bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud as the Centre told the court that it supports the petitioner’s plea that it is a crime punishable under the Indian Peal Code and the Protection of Children from Sexual Offences Act (POCSO Act).
“When we are for affirmative push to women’s right, how can it be reversed?” said Chief Justice Misra, adding that a women has other obligations and cannot be expected to submit to the whims of the male.
The court said this in the course of hearing of a PIL seeking to ban female genital mutilation (FGM) or “Khatna”, as it is commonly called, and declaring it illegal and inhuman.
Attorney General K.K. Venugopal told the court that the practice has been banned by 42 countries out of which 27 countries are in Africa.
He said that World Health Organisation (WHO) too has called for banning it.
As senior counsel Rakesh Khanna appearing for PIL petitioner Sunita Tiwari told the bench that the practice prevailing in Dawoodi Bohra community is violative of the constitutional guarantee of right to life, Justice Chandrachud said besides Article 21, it is also violative of Article 15 guaranteeing protection discrimination on grounds of religion, race, caste, sex or place of birth.
Appearing for another petitioner from Dawoodi Bohra community, who suffered the trauma of FGM, senior counsel Indira Jaising said that it is a part of woman anatomy and practice is punishable under the law.
She referred to a resolution passed by the Dawoodi Bohra community saying that their practice can be subject to the law of their host country and said it is banned in Australia and other countries.
“Those who want to perpetuate the practice may argue that IPC and POCSO talk about vagina and penetration to constitute an offence,” Jaising said, “but any touching of genital with the exception of for medical reasons is an offence.”
At this Justice Chandrachud said that “legislation need not read all evils to curb some evils”.
The Centre had in April told the court that the practice of FGM is a “crime under existing laws” and had urged it to “step in and issue directions” on the issue.
“It is a crime punishable with imprisonment of seven years under the existing law…,” the Centre had told the court.
Hearing will continue on Tuesday.
—IANS
by admin | May 25, 2021 | News, Politics
New Delhi : The Supreme Court on Friday reserved its order on a plea by Muslim litigants seeking that the hearing on the batch of petitions challenging the 2010 Allahabad High Court verdict directing the splitting of the disputed site at Ayodhya be heard by a larger bench.
The bench of Chief Justice Dipak Misra, Justice Ashok Bhushan and Justice S. Abdul Nazeer reserved the verdict on the conclusion of arguments by senior counsel Rajeev Dhavan seeking the reconsideration of the part of 1994 top court judgment which said that a mosque was not essential to Islam for offering Namaz.
Dhavan appeared for the lead petitioner M. Siddiqui represented by his legal heir.
The Lucknow bench of the Allahabad High Court by its September 30, 2010 verdict had ordered that the land around the disputed site would be divided into three parts — one for deity (Ramlala Virajmaan), another for Nirmohi Akhara — a Hindu sect and an original litigant in the case and third for the Muslims.
At the outset of the hearing in the apex court on Friday, the court witnessed commotion as some lawyers objected to Dhavan’s use of term Hindu Taliban and comparing the razing of Babri Mosque on December 6, 1992 to that of destruction of Buddha statues in Afghanistan’s Bamiyan by the Taliban.
Refusing to budge from his description of Hindu Taliban, Dhavan said that he stood by every word and destruction of Babri Mosque on December 6, 1992 was an act of terrorism.
As senior counsel C.S. Vaidyanathan appearing for one the Hindu litigants described arguments as “mockery”, Dhavan said: “It is an argument based on the destruction of the mosque.”
Dhavan said that the former Chief Justice, the late J.S.Verma had said that Hindus must wear the cross for the destruction of the Babri Mosque.
At this, reminding Dhavan that it was incumbent upon senior lawyers to maintain “decorum” in the court, the Chief Justice described as “inappropriate” the words used by the senior lawyer.
Taking exception to the “inappropriate adjectives” used by Dhavan, he said that “adjectives” that are used in the course of the arguments should be the ones that have the acceptance of the court.
“You may think what you may, but the court thinks it was completely inappropriate,” Chief Justice Misra said as Dhavan insisted that he did not think that the description of Hindu Taliban was inappropriate.
Dhavan said that he could differ with the bench and that will not amount to contempt.
The Chief Justice meanwhile one of the lawyers to leave the court room after he said that “thousands of temple were destroyed and you still call us Hindu Taliban”.
Things came to such a pass, that a lawyer complained that court has become a sort of parliament.
—IANS
by admin | May 25, 2021 | News, Politics
New Delhi : In a move to stop mob violence and lynching, the Supreme Court on Tuesday directed the Centre to issue advisories to the states explaining the gravity of the situation and listing the measures to be taken to deal with it.
For “preventive, remedial and punitive” steps, the court asked the Centre and state governments to broadcast on radio, TV and other media platforms, including the official websites of the Home Department and the police, that lynching and mob violence will invite serious consequence under the law.
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud in preventive guidelines ordered that there should be seriousness in patrolling so that criminal elements are “discouraged”.
The government would take steps to curb and stop dissemination of irresponsible and explosive messages, videos and other material on various social media platforms which have a tendency to incite mob violence, said the bench.
The police can register an FIR against those who disseminate irresponsible and explosive messages and videos.
The court directed that a senior police officer, not below the rank of Superintendent of Police, be appointed as nodal officer in each district for taking measures to prevent mob violence.
THe bench recommended formation of special task force to gather intelligence about those likely to commit such crimes or who are involved in spreading hate speeches, provocative statements and fake news.
The bench directed that the Home Department must take initiative and work in coordination with state governments for sensitising the law enforcement agencies and identify the measures for prevention of mob violence and lynching against any caste or community.
The bench also took up a compensation scheme, which it said, must have a provision for the interim relief to the victims within 30 days of the incident.
The cases of lynching and mob violence shall be specifically tried by designated court/fast track courts in each district, said the court, adding that such courts shall hold trial of the case on a day-to-day basis and the trial shall preferably be concluded within six months.
—IANS
