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"Instant Triple Talaq and Supreme Court of India" Adv.M.R.Shamshad[Representative of AIMPLB in SC]

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Wednesday, 11 October 2017

11 Oct.NEWS DIGEST: Sex with below 18-yr wife is rape, rules Supreme Court



Evening NEWS DIGEST
11 Oct.2017: 20 Muharram 1439:Vol:9, No:17
INDIA
Sex with below 18-yr wife is rape, rules Supreme Court
http://www.thehindu.com/news/national/sex-with-minor-wife-is-rape-says-supreme-court/article19838085.ece?homepage=true
New Delhi:The Supreme Court on Wednesday held that a man will be punished for rape if he is found to be guilty of having sexual intercourse with his minor wife.A Bench of Justices Madan B. Lokur and Deepak Gupta read down exception 2 to Section 375 (rape) of the IPC.The exception clause to the heinous offence of rape allows a man to have sex with his wife who is not aged below 15.With this verdict, the court has ended the disparity between this exception to Section 375, which allows a husband to have sexual relationship with his 15-year-old wife, and the definition of ‘child’ in recent laws such as the Protection of Children from Sexual Offences Act, 2012, which includes any person below the age of 18.The verdict also ends tacit acceptance of the exception clause in the IPC provided to child marriages, which was declared illegal and is a punishable offence, though a social reality especially in rural parts of the country.The court had agreed with NGO Independent Thought, which filed the petition challenging the exception, on how when sexual intercourse with a minor aged below 18 with or without her consent amounts to rape under IPC, it is not so once she is married.NGO had argued that the exception was a violation of the fundamental right to life and equality of minors.The judgment, though the Bench had said time and again that it did not want to delve into the issue of marital rape, now inevitably opens a window for law on marital rape.The court had questioned the reason for Parliament to create an exception in the penal law declaring that sexual intercourse by a man with his minor wife is not rape.It had asked the reason behind such an exception in the IPC when the age of consent was 18 years for "all purposes"."We do not want to go into the aspect of marital rape. That is for Parliament to see if they want to increase or decrease the age of consent. But once Parliament decided that we have fixed 18 years as the age of consent, can they carve out an exception like this," a Bench of Justices Madan B Lokur and Deepak Gupta had asked the Centre during the hearings."When you [Govt ] recognise the age of consent to be 18 years for all purposes, then why this exception," it had asked.Govt  counsel had defended the exemption as something Parliament had given due thought and consideration about.During the hearing, the Bench referred to the aspect of child marriage and said that despite there being law that held it illegal, the practice was still going on."Whether or not it [child marriage] is a social reality, for 70 years we have not been able to remove it," the Bench had observed. thehindu
SC rules sex with wife below 18 is rape: Explaining case
http://www.hindustantimes.com/india-news/sc-says-sex-with-wife-below-18-is-rape-explaining-the-case-controversy/story-kqHrPDJue9ioT7TKyBcrCP.html
Govt lost high moral ground after defending Shah:Sinha
http://www.hindustantimes.com/india-news/Govt -lost-high-moral-ground-after-defending-jay-shah-yashwant-sinha/story-tq1wXPM59QbrnVYG69lKBN.html
Patna: Dissident BJP leader Yashwant Sinha slammed the Govt  on Wednesday for defending party chief Amit Shah’s son Jay Shah over allegations hurled against him and said it had thus lost its high moral ground.“I don’t want to comment on the merit of the case as it is a matter of investigation but I would like to say the manner in which a central minister jumped into the fray...He is a central minister, not a chartered accountant of Jay Shah,” Sinha told NDTV. Sinha also criticised the govt for allowing Additional Solicitor General Tushar Mehta to take on the case of Jay Shah.“These were avoidable and should not have happened. The very special circumstances in which the Additional Solicitor General has been cleared to defend the concerned person also raises some issues and that was also to my mind avoidable.“Looking at all these therefore perhaps the high moral ground that we had occupied all these months and years somehow appears to have been lost,”he said.Jay Shah’s company has reportedly recorded a turnover of Rs 80 crore in 2015 after showing just Rs 50,000 the previous year.Sinha was asked whether the issue had dented the image of BJP and PM Modi.“I am not going to those details. An episode takes place. Your reaction to that determines whether you are still occupying a high moral ground or you have quit that high moral ground. From the way we have responded the party and the govt, it appears the high moral ground has been lost,” Sinha said.Asked about the defamation case filed against the website while reported the story, Sinha said: “To try and suppress the voice of media either directly or through any other means including for instance this defamation case of Rs 100 crore was also avoidable.”IANS
Sinha alleges many BJP lapses in handling jay shah case
https://www.ndtv.com/india-news/jay-shah-case-shows-bjp-has-lost-moral-high-ground-says-yashwant-sinha-1761434
Rahul Gandhi’s Gujarat visit: ‘Amit Shah only Gujarati businessman who can convert Rs 50,000 into Rs 80 crore’
http://indianexpress.com/article/india/rahul-gandhi-gujarat-visit-day-3-live-updates-congress-vice-president-amit-shah-narendra-modi-bjp-4884639/
Jay Shah’s Lawyer fails to appear, court defers defamation matter against The Wire till Oct. 16
https://thewire.in/186566/ahmadabad-court-adjourns-jay-shah-defamation-case-the-wire/
Ahmedabad: A metropolitan court here today adjourned the hearing of the criminal defamation case filed by BJP president Amit Shah’s son Jay against The Wire as the complainant’s advocate was not present in the court.A lawyer for Jay Shah sought time from additional chief metropolitan magistrate S.K. Gadhvi, saying that senior advocate S.V. Raju could not be present in the court as he was busy in the high court.The court granted the time and adjourned the hearing to Oct. 16.Jay Shah had filed a criminal defamation case in a metropolitan court against The Wire on Monday over a report, which claimed his firm Temple Enterprise’s turnover grew exponentially after the BJP came to power at the Centre in 2014.The magistrate had ordered a court inquiry in the matter under CrPC section 202. 7 respondents in the case are the author of the article, Rohini Singh, founding editors of The Wire, Siddharth Varadarajan, Sidharth Bhatia and M.K. Venu, managing editor Monobina Gupta, public editor Pamela Philipose and Foundation for Independent Journalism, a non-profit company that publishes The Wire.The court will issue summonses to the respondents only after the initial inquiry establishes a case.Shah is yet to file a civil defamation suit against the respondents.He had earlier announced that he will also file Rs 100 crore civil defamation suit. thewire
Court adjourns hearing of Jay Shah’s defamation case against news website
http://www.hindustantimes.com/india-news/court-adjourns-hearing-of-jay-shah-s-defamation-case-against-news-website/story-mNU70pcszrCrAZPc7Pxt2L.html
CBI has new boss for financial scams. it's investigating his own brother
https://www.ndtv.com/india-news/cbi-has-new-boss-for-financial-scams-its-investigating-his-own-brother-1761131
New Delhi:CBI, has a new boss in their department that looks at banking and security frauds. One problem: the same agency is investigating a bank scam that involves his own brother.IPS officer Rajiv Singh of the Tripura cadre was named Joint Director in the Banking and Securities Frauds Section at the end of last month. He won the President's medal last year for his handling of the Saradha scam, a Ponzi scheme in Bengal that bankrupted lakhs of small investors. So Rajiv Singh's promotion could be considered well-deserved.But some in the agency point out that his brother, Sanjiv Singh, is accused of swindling Allahabad Bank's branch in Ranchi of Rs. 6 crore. The Singhs' family home in Hazaribagh in Jharkhand was also raided a year ago when the CBI first registered a case against him. The complaint filed by the bank said that Sanjiv Singh took a loan against assets he did not own.Some CBI officers also allege that at that time, Rajiv Singh reached out to colleagues in CBI who raided his family home and other locations to collect evidence against his brother. A complaint submitted to top officials the Chief Vigilance Officer claims these colleagues immediately alerted then CBI director Anil Sinha about the impropriety of such interventions. Sources say while final comments have been submitted in the brank fraud case, it is yet to be chargesheeted and Rajiv Singh's new position could interfere with progress.
Economic Advisory Council to PM admits slowdown,
http://economictimes.indiatimes.com/articleshow/61036069.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
New Delhi: Recently constituted Economic Advisory Council to PM has identified 10 priority areas for accelerating economic growth and employment over the next six months, with greater last mile connectivity."The recommendations of the 5 member council would be structured around these themes," the official statement said. 10 themes identified include economic growth, employment and job creation, informal sector and integration, fiscal framework, monetary policy, public expenditure, institutions of economic governance, agriculture and animal husbandry, patterns of consumption and production and social sector.According to the statement, another key issue recognised is the need for effective tracking of key economic parameters, through possible mechanisms for instituting and economy track monitor, using lead indicators and triggers of action, based on informal assessment and analysis. PMEAC, which is headed by NITI Aayog member Bibek Debroy, said that the Govt should stick to the fiscal consolidation roadmap. Council acknowledged the slowdown in the Indian economy and said that it will examine the causes. EconomicTimes
Godhra train burning not act of terror or war: Gujarat HC
https://www.ndtv.com/india-news/godhra-train-burning-not-an-act-of-terror-or-war-gujarat-high-court-1761521?pfrom=home-lateststories
Ahmedabad:Cancelling the death sentence of 11 convicts in 2002 Godhra train burning, the Gujarat High Court ruled that it was "neither terrorism nor an act of waging war against the state".The court justified life term for the convicts, backing the conspiracy theory, but said they did not deserve death.The number of deaths would have been far less, said the judges, had the coach not been overcrowded.Over 100 people could escape the burning coach, which, the court said, showed that the convicts "had the intention to cause death and maximum damage, they did not intend to enhance the number of casualties."Petitions had challenged the convictions and acquittals in the burning of the Sabarmati Express case. Judges Anant S Dave and GR Udhwani referred to the Law Commission's recommendation that the death penalty should be abolished for any crime that is not related to terror or war against the state."The cases on hand have no genesis in the act of terrorism or waging war against the state," the court said."Death penalties eliminate a person to a point of no return. While considering the question of sentence to death, a duty is cast upon the court to deliberate on various facets of sentence and to immunise itself to avoid branding imposition of death sentence as 'judge centric' or 'blood thirsty'," said the order made available on Tuesday. ndtv
Malegaon blast case: SC for final hearing on plea against Sadhvi Pragya on Oct 31
http://www.hindustantimes.com/india-news/malegaon-case-sc-for-final-hearing-on-plea-against-sadhvi-pragya-singh-thakur-on-oct-31/story-Oo6o2U4wdhaDHLhED8GY1J.html
New Delhi: The Supreme Court on Tuesday fixed Oct. 31 for the final hearing of a plea challenging the Bombay High Court order granting bail to Sadhvi Pragya Singh Thakur, an accused in the 2008 Malegaon blast case.A bench comprising Justices R K Agarwal and S Abdul Nazeer listed the matter for final hearing after counsel for Thakur submitted that she would not like to file any documents with regard to the case.NIA had filed its reply in the case saying there was no evidence against Thakur.Petitioner Nisar Ahmed Haji Sayed Bilal, father of one of the blast victims, has alleged in his plea that Thakur was a “powerful person” and could influence witnesses in the case.He has sought a stay on the high court’s April 25 order granting bail to her. The HC had granted her bail, saying there was “no prima facie evidence against her”.“The HC failed to appreciate that Sadhvi Pragya Singh Thakur is an influential person and is likely to wield her power and influence in an illegal and unlawful manner to tamper with evidence and influence witnesses,” Bilal has said.He has claimed that there was ample evidence against her and “her role, involvement and complicity in planning and executing the conspiracy for committing Malegaon blast is writ large on the case record”.It has said that she had been denied bail by a special court in Mumbai several times in the years 2011, 2012, 2015 and 2016 on the ground that “a prima facie case is clearly made out against her”.PTI
Put cases of terrorism, sedition, assassination in Centre’s jurisdiction: Niti Aayog
http://www.hindustantimes.com/india-news/put-cases-of-terrorism-sedition-assassinations-in-centre-s-jurisdiction-niti-report/story-hIRPQBws5ZSzTcdgPQgFyH.html
New Delhi:Cases of terrorism, sedition and high-profile assassinations should be brought under the jurisdiction of the Union Govt and investigated by NIA or CBI, the country’s top policy advisory body Niti Aayog said in a report suggesting ways to modernise the country’s police.India’s constitution says policing is a prerogative of state Govt s, and federal agencies such as the NIA and CBI are roped in once a formal request is sent.“In light of the rapid growth in internet, communication and mobile technologies, organised crimes and terrorism can be best tackled through a unified legal,administrative and operational framework for the police forces across the nation,” according to report Building Smart Police:Background into the needed Police Reforms, which calls for the Union Govt  to be given powers to also regulate “public order”.Since empowering the Centre will need a constitutional amendment, “which could be difficult”, the report suggested that a clutch of offences be defined as “federal crimes” to bring them under Union Govt’s jurisdiction.The issue could raise concerns over federal separations of powers. State Govts have often locked horns with Union administrations, especially when they are controlled by rival political parties, over autonomies defined constitutionally. One such case has been the running demand from AAP-run Delhi Govt that wants control of the Delhi Police. The force reports to the Union home ministry, since Delhi is a union territory and not a full-fledged state. hindustantimes
Elphinstone Road stampede:Western Railway report blames rains, rumours, absolves authorities
http://www.firstpost.com/india/elphinstone-road-stampede-western-railway-report-blames-rains-and-rumours-absolves-authorities-4131575.html
2 weeks after deadly stampede on Elphinstone Road-Parel foot-over bridge in Mumbai, the Western Railway, in a report, has pinned the blame on rumours and rains for the tragedy, ruling out the issue of poor infrastructure or negligence on part of the railways staff.23 lives were lost on 29 Sept.due to the tragic incident that occurred on the narrow bridge that connects Elphinstone Road station on the Western Railway with Parel station on Central Railway.After gathering statements from nearly 30 survivors, a high-level Western Railway committee absolved the railways authorities."The committee found that the cause of the incident were rumours and rain.The confusion between 'phool' and 'pul' resulted in the chaos. No one was responsible for it,"Western Railway chief PRO Ravinder Bhakar was quoted as saying byMumbai Mirror. firstpost
Muslim singer's murder and exodus of 200 Muslims from a village in Rajasthan evokes outrage
http://www.business-standard.com/article/news-ians/muslim-singer-s-murder-in-rajasthan-evokes-outrage-117101100577_1.html
Jaipur: A fortnight after a Muslim folk singer was murdered in a Rajasthan village, the exodus of several families of that community from the area has invited severe criticism from the civil society."What is administration doing?A whole community of 200 people had to move out of the village to exile," PUCL said in a statement.The trouble started after Ahmad Khan, a Langa Maganiyar, was allegedly murdered by a local faith healer on Sept. 27, in Danta village in Jaisalmer district.On that day, faith healer Ramesh Suthar had asked Khan to sing a particular "raaga" to induce a temple goddess' spirit to enter the former's body.When his purpose failed, Suthar blamed Khan for singing poorly. Suthar, along with others allegedly assaulted Khan.They also warned the victim's family not to file a police complaint.It was only on Oct.1, that the bereaved family was able to file the complaint.On Oct. 5, the police arrested Suthar while 2 others are still absconding. "We have arrested the main culprit and launched an investigation," a police officer told IANS."As of now around 20 of our (Muslim) families consisting of around 150-160 persons are living in a 'rain basera' (make-shift accommodation) in Jaisalmer and we all are so afraid that we do not want to go back,"Bariyam Khan, brother of Ahmad Khan said."We are ready to live under open skies and under no circumstances want to go back to our village. We want Govt  to give us full protection, provide us facilities so that we can live here in Jaisalmer. They should arrest all responsible for the murder," Khan said.Meanwhile, PUCL has condemned the incident. In a statement Kavita Srivastava, Rajasthan president of PUCL said:"The kind of lawlessness in the state, such brutal aggression by dominant castes; lynching of an untouchable by the dominant castes and other castes actively supporting the killers as he is a ojha (faith healer) is deplorable.""They keep quiet on the murder, then follow it up with threats, that we will kill a few more, especially when the manganiyars challenged it has to be condemned in no uncertain terms."Bypolls for Lok Sabha seats in Ajmer and Alwar are due after the deaths of the sitting MPs.IANS
200 Muslims flee Rajasthan village after Hindu priest murders Muslim folk singer
 http://www.dnaindia.com/india/report-200-muslims-flee-rajasthan-village-after-hindu-priest-murders-muslim-folk-singer-2552051
Bajrang Dal leader spreading rumours to fuel tension : Haridwar’S Valmikis
https://timesofindia.indiatimes.com/city/dehradun/bajrang-dal-leader-spreading-rumours-to-fuel-tension-valmikis/articleshow/61011052.cms
Haridwar:Members of the Valmiki community in Kankhal have alleged that police did not act on a written complaint they had given last week in which they blamed Bajrang Dal state coordinator Anuj Walia for inciting violence and spreading rumours in the area.Vipin Pewal, a youth from the community, said,"In our complaint, we had written how Walia was spreading rumours that shop owners from minority community had made objectionable comments against Valmikis. However, when police reached the spot, they let him escape instead of arresting him." When asked, Anuj Walia said, "We are not spreading rumours. We are trying to explain the truth."Some shops were vandalized and looted allegedly by the right-wing activists on Friday in Kankhal area of Haridwar district. Police later lodged an FIR and arrested 2 accused who belonged to Bajrang Dal. Section 144 was imposed in the district and heavy police force was deployed in sensitive areas.TOI
Endorsement of Religion on Taxpayers' Money Unconstitutional: Zafaryab Jilani on Ayodhya’s Ram statue
http://www.news18.com/news/politics/endorsement-of-a-religion-on-taxpayers-money-unconstitutional-1542227.html
Lucknow: It's unconstitutional to endorse a particular religion on taxpayers' money, Babri Masjid Action Committee convener and former Additional Advocate General, UP, Zafaryab Jilani, said on Tuesday, hours after CM Yogi Adityanath proposed to build a 100-metre tall Ram statue in Ayodhya. Speaking to News18, Jilani put across his point, calling the proposal "unconstitutional", adding that if something was being done to promote tourism, it was more than welcome. "Many people will get employment. It will also develop Ayodhya as a tourist spot. However, if Lord Ram's statue is established, prayers will also be offered which makes it unconstitutional because taxpayers' money is involved."CNN-News18
Hyderabad: Rohingya Muslim couple attacked, condition critical
https://www.siasat.com/news/hyderabad-rohingya-muslim-couple-attacked-condition-critical-1241145/
Hyderabad: Panic prevailed in Balapur area when a Rohingya Muslim couple was attacked. Police became alert and brought the situation under control.According to the details, Maulana Zahid Husain (32) and his wife, Khadija Begum (28) was attacked with sharp weapons. They are in critical condition at Osmania General Hospital.Sub-Inspector of Balapur Police, Sudhakar told that the couple has been residing in the Rohingya refugee at Balapur for the past 4 years. In wee hours, a group of 5-7 persons attacked them.Preliminary investigations revealed that the attackers were talking in the Burmese language. Police suspects that it is a case of internal enmity. Police is conducting further investigations. siasat
Kerala: Police raid BJP office in Kannur, recover swords, steel bombs
http://indiatoday.intoday.in/story/kerala-police-sword-steel-bombs-bjp-office-kannur/1/1065359.html
New Delhi:In a recent development in Kannur the local police have seized lethal wepons from Panoor area in Kannur. The police team recovered the wepons from an uninhabited ground behind the BJP office.Kannur SP told India Today that they have recovered 2 swords, 4 iron rods and one knife.The search operation was carried out based on the information given by municipality cleaning staff who were cleaning the bushes. The investigation is underway to track the owners of these weapons he said.Responding to the serious allegation, BJP district president Sathyaprakash said that BJP have no role behind the incident.The weapons were seized from a  ground behind their office. In the morning they have spotted a certain group of municipality workers pretending as cleaning the area. They might have conspired to put the blame on BJP, he said CPIM has lashed out the BJP alleging that they are the ones who are attempting to incite violence in the state. indiatoday
'No terror angle in Kerala’s conversions'
http://www.thehindu.com/news/national/no-terror-angle-in-conversions/article19835570.ece
New Delhi: 2 Hindu women from Kerala who were examined by NIA have said they were “lured to convert to Islam but were not forced to do so.”NIA is yet to find any “terror” angle in the conversions, an official said. 2 women were examined as part of the Supreme Court-directed NIA probe in the case of Akhila Asokan alias Hadiya, a 25-year-old Hindu girl who converted to Islam and later married a Muslim man.As reported by The Hindu earlier, the State police sent the details of 92 cases but the NIA said it was concentrating on 32 cases, which involved Hindu women.“Last week, two women, both named Athira, were examined at the Kochi office. They told us that they had been lured to convert to Islam but no one forced them. In our report to SC in the Akhila case also we had said there was an organised effort behind the conversions. We are yet to come across any terror angle,” said an NIA official. thehindu
NIA probing 90 inter-faith marriages in Kerala to see if there was ‘love jihad’
http://www.hindustantimes.com/india-news/nia-probing-90-inter-faith-marriages-in-kerala-to-see-if-there-was-love-jihad/story-SnEy0RRnnWnt64ZeGPWg5H.html
UP Muslim teen ‘arrested’, beaten in jail over Facebook Post on Ganga
https://thewire.in/186344/teen-allegedly-arrested-beaten-jail-facebook-post-river-ganga/
New Delhi: A teenaged Muslim boy was allegedly arrested by the UP police and charged with hacking after posting a Facebook status update on the recent court ruling on rivers Ganga and Yamuna, The Telegraph reported.18-year-old Zakir Ali Tyagi described his arrest and release while speaking at the meeting of the Bhim Army Defence Committee at the Press Club of India in Delhi on Tuesday, where many others also described their plight under Adityanath rule in UP. According to Tyagi, after the Uttarakhand high court termed the Ganga and Yamuna rivers as ‘living entities’ and gave them legal rights, he had updated his Facebook status to: “The Ganga has been declared a living entity; will criminal charges be initiated if someone drowns in it?”He claims to have been forcefully picked up by the police from his home, which he shares with his employer, and charged under Section 66 of the Information Technology Act that deals with hacking and could could lead to a jail term of three years.Zakir told the Telegraph that he was targeted for questioning the logic of granting “legal person” status to the Ganga.The Telegraph report said FIR accused Tyagi of posting ‘galat tareeke ke (wrong type of) comments” on Facebook.Wasiq Nadeem Khan, Tyagi’s legal aid, told the Telegraph, “The police had initially registered the FIR under Section 66A, which prescribes three years’ jail for offensive posts, unaware that the Supreme Court had struck it down as unconstitutional in March 2015. When they realised the mistake, they merely dropped the letter ‘A’.”Zakir, through Facebook, had also taken a jibe at the BJP’s temple politics in UP. His status read, “The Govt ’s promise on the Ram Mandir was nothing but a gimmick, which will be made before the next polls again to lure voters, like the promise to send mullahs to Pakistan.”The Telegraph report said he was also booked for cheating for using a murdered policeman’s image as his profile picture as part of a campaign to seek justice for the officer. The picture was of Akhtar Khan, a police officer killed on duty in Greater Noida.Zakir told the Telegraph that he was beaten in prison. “I was locked up at Kotwali Nagar police station. Later that night, a man in a yellow T-shirt, jeans and shoes entered the cell and asked which of us was Zakir. When I raised my hand, he kicked and punched me till I lay writhing on the floor.” “He abused me and said that people would stone my house and call me a terrorist as I had written against the Govt . I was never taken to a doctor but a medical report was produced in court saying I was in good health,” he went on to say.The Wire
18-yr Zakir spends 42days in UP jail for social media posts
http://www.thehindu.com/news/national/other-states/18-year-old-spends-42-days-in-up-jail-for-social-media-posts/article19838509.ece?homepage=true
Rights granted by Constitution are not favours by govt:Justice AP Shah
http://indianexpress.com/article/india/rights-granted-by-constitution-are-not-favours-by-govt-says-justice-ap-shah-4884491/
New Delhi: Rights that the people of India have bestowed on themselves through the Constitution are not favours granted by the Govt , ex-Chief Justice of Delhi High Court Justice A P Shah said on Tuesday.In stark contrast to Mahatma Gandhi’s vision, cultural conformism is today being systematically imposed in the guise of nationalism, Shah said at a conclave organised by retired civil servants and veterans of the armed forces on “The fractured polity: the relevance of Gandhi today”.In stark contrast to Mahatma Gandhi’s vision, cultural conformism is today being systematically imposed in the guise of nationalism, Shah said at a conclave organised by retired civil servants and veterans of the armed forces on “The fractured polity: the relevance of Gandhi today”.Pointing out that the Supreme Court order on national anthem could convert patriotism from a value into a performance, Justice Shah underlined that there is a systematic attack on institutions, including the bureaucracy, judiciary, and the media. This, he said, is resulting in a dangerous polarisation and the growth of a violent, narrow, majoritarian vision of nationalism. He called for strong resistance to the move to “stifle dissent by stifling dissenters” and wrongful accusations of an outdated notion of “sedition”. Justice Shah also said he is willing to join a legal challenge to the recent order banning protests at Jantar Mantar in Delhi.Besides Shah, journalist-author and ex-chairperson of Prasar Bharati Mrinal Pande and historian Ramachandra Guha were the other speakers at the event. indianexpress
‘Living Will’ can take effect if a medical board certifies a person incurable: Supreme Court
http://www.thehindu.com/news/national/living-will-can-take-effect-if-a-medical-board-certifies-a-person-incurable-supreme-court/article19839126.ece?homepage=true
New Delhi:A person’s advance directive to withdraw medical care to allow him to die with dignity should take effect only when a medical board affirms that his medical condition is beyond cure and irreversible, Chief Justice of India Dipak Misra said on Wednesday. Chief Justice, heading a five-judge Constitution Bench, was responding to a debate on when exactly a person’s ‘Living Will’ or advance directive for end-of-life medical care should take effect.The Bench said it will lay down guidelines for drafting living wills and how it can be authenticated. It has reserved the case for judgment.The court is hearing a petition by NGO Independent Thought to legalise euthanasia and the concept of living will.“Advance directives may be approved by a Magistrate.Magistrate has to examine that the person executing the living will is of sound mind. That he has taken informed consent...” CJI observed. thehindu
Taj Mahal should be replaced with Guru Gorakhnath Peeth: UP Culture Minister
http://www.huffingtonpost.in/2017/10/10/taj-mahal-should-be-replaced-with-the-guru-gorakhnath-peeth-says-up-culture-minister_a_23238085/
Laxmi Narayan Chaudhary, a cabinet minister in UP , has said that the Taj Mahal was "rightly kept out" of the tourism booklet recently released Yogi govt, and 17th century monument "should instead be replaced with Guru Gorakhnath peeth."Speaking on the controversial omission, Chaudhary said that BJP Govt in UP  was nationalist and runs on "dharm niti (religious policy)."TOI reported today that Chaudhary, who is in charge of culture, religious affairs and minority welfare, shared his views on the Taj Mahal at an event organized by ABVP in Hathras."Taj Mahal is not the symbol of any religion and (it is) nobody's. It does not represent any religion," he said."On the other hand,Gorakhnath peeth represents people's faith."TOI reported that when it was pointed out that Taj Mahal was a UNESCO heritage site, Chaudhary said, "Those who included the monument in that list must have been of a similar taste (mizaz) as those who built it." huffingtonpost
In Kashmir, 2 militants kill 2 IAF commandos, gunned down
http://www.thehindu.com/news/national/two-commandos-two-militants-killed-in-jk-gunfight/article19837942.ece?homepage=true
Srinagar:2 commandos of Indian Air Force elite Garud unit and 2 militants were killed and one soldier was injured on Wednesday in a gun battle in J&K ’s Bandipora district.“The two Garud personnel were killed in action while operating with the Army for operational experience and training,” Defence Ministry spokesman Colonel Rajesh Kalia said.The gunfight between the security forces and the terrorists took place in the Hajin area and it was an “intense operation,” he said.Earlier, both defence sources and the police said the security personnel killed in the encounter were from the Army.IANS
Kashmir Not a Part of India, says Bihar Question Paper
https://www.thequint.com/lifestyle/food/indore-the-city-that-loves-to-eat
Kashmir is not a part of India but a separate country, according to the education dept of Bihar. A question paper for a class 7 exam, attempted by students across all Govt  schools in the state, asks what are the people living in these five ‘countries’ callled – China, Nepal, England, Kashmir and India. According to a TOI report, exams, which are conducted under the central Govt ’s ‘Sarva Shiksha Abhiyan’, are overseen by the Bihar Education Project Council (BEPC) which is a part of the state’s education department.The incident was pointed out by a student from Vaishali district of the state. Vaishali district education officer told TOI that she was on leave and will look into the matter.However, the state programme officer of BEPC, Prem Chandra, told Times Of India that it was a printing error. He said the incident was very embarrassing.The Quint
Gujjar Muslims in Jammu are feeling under siege?Blame state apathy, communal politics by BJP
https://scroll.in/article/853144/a-people-without-voice-why-gujjar-muslims-in-jammu-are-feeling-under-siege
India’s “first line of defence” along the border in J&K, nomadic Gujjar community is feeling under attack. But not from a foreign enemy.The proposed All India Institute of Medical Sciences in Vijaypur threatens to evict 204 families of Gujjar Basti there. For one family in particular, it has brought back horrors of another forced eviction last year.60-year-old Reham Ali’s son, Mohammad Yaqub, was killed on Feb.22, 2016. That day police had arrived in a Gujjar settlement in Sarore, not far from Vijaypur, to arrest a man wanted for crimes in Himachal Pradesh.The residents alleged the police manhandled them, including women and children, when the accused was not found at home.When the villagers protested the police’s highhandedness, “suddenly a large mob of Hindus emerged and set kulas [mud and wood houses] on fire”, said Teg Ali, a resident of Sarore. “We started defending ourselves by throwing stones at them, but not the police.”Reham Ali and his son had rushed to Sarore when they heard about the confrontation. Teg Ali, a cousin of Reham’s, said shortly after the houses were set on fire, bulldozers of the Jammu Development Authority also arrived and pulled down the concrete structures.The villagers tried to resist but the police fired on them, killing 25-year-old Yaqub. Later, Teg Ali said, “the police threw out our belongings, whatever was not already damaged by the mob. The SHO told us to leave this land.”That wasn’t all. The residents alleged the police detained the Gujjars but let the Hindu mob go. “I didn’t even know my son was shot, I was in the lock-up,” said Reham. In the Bari Brahmana police station, too, Reham said, the Gujjars were beaten.SHO, Bharat Sharma, was shifted out soon after. Naeem Akhtar, now a minister, had called for a judicial enquiry into the incident. The state was under Governor’s Rule at that time. scroll
Mukul Roy quits TMC, resigns as Rajya Sabha MP
https://timesofindia.indiatimes.com/india/tmcs-mukul-roy-resigns-as-rajya-sabha-mp/articleshow/61036737.cms
Suspended TMC leader Mukul Roy on Wednesday resigned as Rajya Sabha MP and from primary membership of his party."Today I am resigning from Rajya Sabha membership, elected as a member of TMC. I also resign from all posts of TMC as a primary member," he said.Roy , who met Rajya Sabha Chairman M Venkaiah Naidu to submit his resignation, said he was quitting with a "heavy heart". timesofindia
Madhya Pradesh’sBJP MP asked to explain remark calling Muslims ‘violent’: indianexpress
http://indianexpress.com/article/india/bjp-mp-from-madhya-pradesh-asked-to-explain-remark-calling-muslims-violent-4879755/
Bhopal: Nearly 5 months after BJP Rajya Sabha MP from Madhya Pradesh Meghraj Jain raised objection to the minority status given to Jains on the ground that it puts the vegetarian community on a par with Muslims, “who slaughter goats and cows, and eat meat daily’’, a Parliamentary standing committee has asked him to explain his remarks.On Saturday, Jain said that the ethics committee of Rajya Sabha, headed by Dr Karan Singh, has sought his explanation and he will go to Delhi on Monday to give his reply. BJP leader had made the contentious remarks in April. Addressing the media in Ratlam, MP, he had said,“Minority status to Jains was a conspiracy by Congress…. We are not a minority community. We have our own place, our beliefs, status in the society. We are pure vegetarian. We can’t even kill ants, and if they do get killed we make atonement. Such a community was put on par with an very violent (ghor hinsak) community.”In a way, he said, “it’s an insult to the Jain community.” Asked which community he was referring to, Jain said,“I am talking about Muslims….They kill goat…kill cow…they eat meat daily…we were made to sit with them.’’ Attaching newspaper clippings and a CD of press conference, Shahid Modi, Congress leader from Dewas, petitioned the President to suspend Jain from the House for making a statement — made “deliberately for social, religious and political polarisation” in the state — not in national interest.
Sanatan Sanstha Trio Behind Gauri Lankesh’s Killing?
http://caravandaily.com/portal/sanatan-sanstha-trio-behind-gauri-lankeshs-killing/
Bengaluru;In the first sign that the Special Investigation Unit, investigating the murder of journalist and activist Gauri Lankesh may have homed in on her killers, the SIT has reportedly asked NIA and CBI to share details about three right-wing activists — Sarang Akolkar alias Sarang Kulkarni, Jay Prakash alias Anna and Praveen Linkar — associated with the Sanatan Sanstha, who are suspects in the murders of rationalists – Govind Pansare, Narendra Dabholkar and researcher Dr. M.M. Kalburgi, reports Deccan Chronicle.“We have sent a team to the NIA and CBI to get details about these three suspects. CBI is handling the Dabholkar murder case,” senior SIT officials said.The names of the three came up when the SIT began probing the murder of Ms Lankesh. The SIT had started the probe on Sept. 7, two days after Ms. Lankesh was shot dead at the doorstep of her home in Rajarajeshwari Nagar on the evening of Sept. 5 . caravandaily
Scourge of unemployment, unemployability haunts Indian youth
http://www.indiatomorrow.net/eng/scourge-of-unemployment-and-unemployability-haunts-indian-youth
Kolkata: Upset over his failure to get a suitable teaching job, Atanu Mistry, 30-year-old from West Bengal's South 24 Parganas district,allegedly committed suicide recently. According to Mistry's family, he had armed himself with a B.Ed degree after completing his post-graduation in English to chase a childhood dream of becoming a teacher. But failing to crack the recruitment examination for primary teachers, he only managed a housekeeping job in a private entity, which shattered his morale.Again, 21-year-old engineering graduate, Arpit Ravish, who topped the final semester examination, reportedly took his life by hanging from the ceiling of his residence at Girinagar in south Bengaluru after failing to get campus placement.There may be many Atanus and Arpits languishing after unsuccessful attempts at finding jobs in the organised sector in the depressed Indian job market despite having higher academic degrees.IANS
WORLD
'Cynical' Myanmar Army Operation Aimed At Preventing Rohingya Return:UN
https://www.ndtv.com/world-news/cynical-myanmar-army-operation-aimed-at-preventing-rohingya-return-un-says-1761655
Geneva:  Myanmar security forces have brutally driven out half a million Muslim Rohingya from northern Rakhine state, torching their homes, crops and villages to prevent them from returning, UN human rights office said on Wednesday.Jyoti Sanghera, head of the Asia and Pacific region of the U.N. human rights office, called on Myanmar leader Aung San Suu Kyi to "stop the violence" and voiced fear that if the stateless Rohingya refugees return from Bangladesh they may be interned."If villages have been completely destroyed and livelihood possibilities have been destroyed, what we fear is that they may be incarcerated or detained in camps," she told a news briefing.In a report based on 65 interviews with Rohingya who have arrived in Bangladesh in the past month, it said that "clearance operations" had begun before insurgent attacks on police posts on Aug. 25 and included killings, torture and rape of children.U.N. High Commissioner for Human Rights Zeid Ra'ad al-Hussein - who has described the Govt  operations as "a textbook example of ethnic cleansing" - said in a statement that the actions appeared to be "a cynical ploy to forcibly transfer large numbers of people without possibility of return"."Credible information indicates that the Myanmar security forces purposely destroyed the property of the Rohingyas, scorched their dwellings and entire villages in northern Rakhine State, not only to drive the population out in droves but also to prevent the fleeing Rohingya victims from returning to their homes," the report said.Reuters
EU to cut ties with Myanmar military chiefs over Rohingya crisis
http://www.hindustantimes.com/world-news/eu-to-cut-ties-with-myanmar-military-chiefs-over-rohingya-crisis/story-dg2hBkCCQyxFmLyWQzbFyJ.html
Brussels: European Union (EU) is to halt ties with senior Myanmar military chiefs to protest the “disproportionate use of force” against the Rohingya minority, according to an agreement seen by AFP on Wednesday.The bloc also warns it could consider sanctions if there is no improvement in the crisis, in which more than half a million Rohingya Muslims have fled a military crackdown into Bangladesh since August, a situation the UN says likely amounts to ethnic cleansing.The agreement, approved by EU ambassadors and set to be signed off at a meeting of foreign ministers on Monday, said the rapid flight of so many people “strongly indicates a deliberate action to expel a minority”.AFP
Sexual, physical harassment of female prisoners in Sisi’s prisons
https://www.middleeastmonitor.com/20171010-sexual-and-physical-harassment-of-female-prisoners-in-sisis-prisons/
A Cairo-based human rights group, Egyptian Coordination for Rights and Freedoms, has revealed that dozens of women arrested on political grounds have suffered physical and sexual harassment. They have also been tried before military courts on fabricated charges.According to the group, 30 women are imprisoned in Egypt’s prisons on politically-motivated charges and subjected to physical and sexual violations.In a report titled “Mothers in prisons… Women and girls who have lost their educational and familial futures behind bars”, the organisation noted that the prisoners are “subjected to physical and sexual violations in prisons. They have also been banned from visits, have not been allowed to receive food and medication, and are detained in inhumane conditions.”“Some are tried in civilian courts, some in military courts,and some are in pre-trial detention,” noted the report, adding that death sentences have been given to some political prisons without clear evidence.The report documented a number of violations against female detainees in Egyptian President Abdel Fattah Al-Sisi’s prisons, including “the deterioration of health and psychological conditions of detainees by depriving them from seeing their children and being subject to unbearable forms of pressure and torture. Furthermore, young detainees are subject to various forms of psychological and verbal abuse, and even physical assault.” middleeastmonitor
Egypt: Health of Qaradawi’s daughter deteriorates in jail
https://www.middleeastmonitor.com/20171011-the-health-of-qaradawis-daughter-deteriorates-behind-bars-in-egypt/
The family of Sheikh Yousef Al-Qaradawi, the chairman of the International Union of Muslim Scholars, has revealed that the health of his daughter imprisoned in Egypt has “deteriorated seriously”, Al-Arab paper reported. A statement from the family put the blame for this on Egyptian authorities.Ola Al-Qaradawi, 55, has been remanded in custody by an Egyptian court for a couple of months, as has her husband Hussam Khalaf, 58. Her situation is described by her family as “slow killing behind bars.”Although Al-Arab did not carry a comment by the Egyptian authorities on the situation, it pointed out that the Govt  always insists that it offers satisfactory healthcare for all prisoners.On Sunday, an Egyptian court renewed the detention of Ola Al-Qaradawi for another 15 days. A similar decision on her husband was deferred until today (Wednesday). When she heard this decision, she fainted in court, said her family. “She is worried about her own life,” explained the family, “due to the inhumane detention conditions and inhumane treatment that she is facing.”Family lawyer Ahmed Abul-Ola Madi said that he asked Public Prosecution to send Ola Al-Qaradawi to hospital due to deterioration of her health,but Public Prosecution only said that it would study the request. middleeastmonitor
917 Egyptians sentenced to death since 2013 coup
https://www.middleeastmonitor.com/20171011-917-egyptians-sentenced-to-death-since-2013-coup/
8 Israeli soldiers commit suicide in nearly 3 months
https://www.middleeastmonitor.com/20171011-eight-israeli-soldiers-commit-suicide-in-nearly-three-months/
The number of suicide cases among the Israeli army soldiers is “constantly” mounting, Hebrew reports have revealed.Israel’s 0404 reported today that an Israeli soldier at the Hatzor military base, located at the southern area of the Palestinian occupied territories, committed suicide last night, as she fired a bullet at her head.The incident is one of series of suicide cases that have been monitored during the past two and a half months, during which seven soldiers committed suicide.Israeli police are currently investigating into the cases, Israeli website noted. Israeli Defence Forces (IDF) spokesperson recently said that the last three years have witnessed an increase in the number of suicide cases among the Israeli soldiers. middleeastmonitor
Spain takes step towards suspending Catalonia autonomy
http://www.aljazeera.com/news/2017/10/spain-takes-step-suspending-catalonia-autonomy-171011104701935.html
Spain's PM  Mariana Rajoy has demanded Catalan leaders clarify whether they have formally declared independence before he invokes a constitutional article that would strip the region of its autonomy.Addressing deputies in parliament on Wednesday, Rajoy said Catalan regional president Carles Puigdemont's response would determine "future events"."The cabinet has agreed to formally require Catalan Govt to confirm whether it has declared independence or not ," Rajoy said in the address. "This call precedes the measures that Govt may adopt under article 155 of our constitution and seeks to offer clarity and security that a question of such importance requires," he added. aljazeera
Catalonia's leader Carles Puigdemont suspends independence
http://www.aljazeera.com/news/2017/10/catalonia-carles-puigdemont-suspends-independence-171010155200037.html

Iranian Kurds back Iraqi Kurdish secession
http://www.aljazeera.com/news/2017/10/iranian-kurds-backs-iraqi-kurdistan-secession-171011111636045.html
Govts of Iraq, Turkey and Iran have joined ranks in announcing new measures against Iraq's Kurdistan Regional Govt , or KRG.This follows last month's controversial referendum on the future Kurdish secession from Baghdad.The nonbinding vote result was celebrated by Kurds in Iranian border towns in support of a bigger Kurdish dream. aljazeera
Sudanese call for Arab-Turkish-Iranian security treaty
https://www.middleeastmonitor.com/20171011-sudanese-call-for-arab-turkish-iranian-security-treaty/
The president of Sudan’s National Ummah Party, Sadiq Al-Mehdi, has called for the conclusion of an Arab-Turkish-Iranian security treaty, under the auspices of Saudi Arabia and Egypt, in order to coexist and respect national sovereignty, Anadolu has reported.“Based on the concept of tripartite coexistence,” explained Al-Mehdi, “everyone commits to supporting the legitimate rights of the Palestinian people, and puts an end to the illusionary discussions about normalisation with Israel.” Such illusions, he added, are what have encouraged the Israeli right-wing to believe that it can maintain its aggressive policies and still enjoy the acceptance of the Arabs. “Everyone must commit that any relationship with Israel passes through the necessity of returning Arab and Palestinian rights back where they belong.”The leader of the Sudanese opposition party congratulated both Fatah and Hamas for reaching an agreement on reconciliation. He also praised Egypt’s role in the mediating the deal. “I hope that an Arab-Turkish-Iranian reconciliation can be achieved, in line with the Palestinian one, to fight extremism and terrorism, and end all the wars that leave all parties with perpetual loss.” middleeastmonitor
FLASH: VIEWS & NEWS

I cannot accept Hindutva because i am a Hindu:Nayantara Sahgal
https://thewire.in/186417/i-cannot-accept-hindutva-i-hindu/

Mystery of the bogie S6 inferno (Godhra train incident):Anosh Malekar, The Week
http://www.theweek.in/features/society/mystery-of-the-bogie-s6-inferno-.html
Nobel truth: How using Richard Thaler's tweet on demonetisation backfired on BJP:Pathikrit Sanyal
http://www.dailyo.in/variety/richard-thaler-demonetisation-nobel-prize-amit-malviya-propaganda-economists/story/1/19989.html
In Light Of Jay Shah’s Decision To Sue The Wire, A Look At Recent Responses To Investigative Journalism In India
http://www.caravanmagazine.in/vantage/jay-shah-sue-wire-responses-investigative-journalism-india
"India Needs To Be Held Accountable For Racially Motivated Attacks":GAYETI SINGH
http://www.thecitizen.in/index.php/NewsDetail/index/1/11958/India-Needs-To-Be-Held-Accountable-For-Racially-Motivated-Attacks
Dalit priest in Kerala opens door to temple – and change: Shaju Philip |
http://indianexpress.com/article/india/dalit-priest-in-kerala-opens-door-to-temple-and-change-4882763/
Surjit Bhalla responded to Yashwant Sinha with ‘facts’. His ‘facts’ demand a response from another economist:Pronab Sen
http://indianexpress.com/article/opinion/columns/indian-economy-yashwant-sinha-on-arun-jaitley-demonetisation-gdp-growth-gst-narendra-modi-4884119/
Compiled and edited by Anwarulhaq (Released at: 7:49 PM)

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