Birth of third child will disqualify you from contesting panchayat polls: SC

TNN
October 25, 2018

New Delhi, Oct 25: The Supreme Court on Wednesday ruled that birth of a third child would automatically disqualify a person from contesting panchayat polls and from holding the post of a member or sarpanch in a panchayat.

Scotching attempts by a tribal sarpanch in Odisha to step around the disqualification law by giving away one of his three children in adoption to comply with the two-child norm, a bench of Chief Justice Ranjan Gogoi and Justices SK Kaul and KM Joseph said the legislative intent in Panchayati Raj Act was to bar any person having three 'live births' in her/his family from contesting panchayat elections or holding posts in panchayats.

"The legislative intent is to restrict the number of births in a family and not on the basis of benefit available under the Hindu Adoption and Maintenance Act in regulating the number of children by giving the excess children in adoption," the CJI-led bench said.

The petitioner, Minasingh Majhi, had challenged an Orissa high court decision to disqualify him from holding the sarpanch's post in a panchayat in Nuapada district after the birth of his third child. Two children were born to him and his wife in 1995 and 1998. He was elected sarpanch in February 2002, but the birth of the third child in August 2002 led to his disqualification from the post.

His counsel Puneet Jain argued that he had given the first born in adoption in September 1999 and as Hindu Adoption and Maintenance Act provides that once a child is given in adoption, that child ceases to be a member of the original family, his client remained compliant with the two-child norm to hold the post of sarpanch.

Jain argued that though Majhi was the biological father of three children, legally he had two children as the first born was given away in adoption to another family and, hence, he was compliant with the norm set by the Odisha Gram Panchayat Raj Act.

The bench said, "We do not know whether the law intended to make panchayat members and sarpanchs the role model for entire India by fastening the two-child norm on them. But the legislative intent appears clear that it wanted to put a cap on the number of children at two for those holding elected posts in panchayats."

Jain argued that twins and triplets were born to persons and asked whether they should be disqualified from contesting panchayat elections or holding elected posts in the grassroots level democratic institution? The bench said the situation did not apply to the case in hand and clarified that birth of twins and triplets was a rare phenomenon and the court would take an appropriate decision when such a case was brought before it.

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News Network
January 9,2020

Raipur, Jan 9: An outbreak of bird flu has been reported from a state-run poultry farm in Chhattisgarh's Korea district, prompting the authorities to cull over 15,000 birds and step up vigil on poultry birds within 10 km radius of the affected area, officials said on Thursday.

So far, 15,426 chickens and quails have been culled and 30,000 eggs destroyed after the highly contagious H5N1 virus was detected among birds at the poultry farm and hatchery in Baikunthpur town, located around 300 km from here, they said.

There has been no case of infection in humans so far due to the outbreak of avian influenza, they said.

"After some chickens and quails were found dead on December 7 last year in the farm, their samples were collected and sent to local laboratories for testing," Dr R S Baghel, deputy director, veterinary department, Korea, told news agency.

When the disease was not properly detected, samples were further sent to Jabalpur in Madhya Pradesh where veterinarians suggested symptoms of chronic respiratory disease, following which their line of treatment was followed.

"Despite the treatment, the abnormal deaths of birds continued," Baghel said.

Later, the samples were sent to Bhopal-based National Institute of High-Security Animal Diseases where tests were found positive for the H5N1 virus on December 23, he said.

"Immediately after getting reports of bird flu, we took permission from the Korea district administration, as per the standard procedure, and culled all 15,426 birds (chickens and quails) and destroyed 30,000 eggs in the farm and its adjoining areas," the official said.

Of the total culled birds, nearly 641 chickens were being reared by locals within one km radius of the farm. The locals were given compensation for the culling of their birds, he said.

"We have completed the culling process and sealed the farm. After sanitising the area in 10 km of its radius, we submitted a report to the state's directorate of veterinary services on Wednesday," Baghel said.

"No human has been affected due to the outbreak and the situation is under control. We are waiting for further directives from the higher authorities," he said.

The official said for the next three months, they will be conducting surveillance in 10 km radius of the affected area during which blood samples of birds will be regularly sent to Bhopal for testing.

"We will continue our observation for next three months," he added.

Meanwhile, state veterinary services director C R Prasanna said, "No human has so far been affected due to avian influenza and workers at the poultry farm at Baikunthpur have been given medicines as a precautionary measure."

Nearly 40 villages fall within the purview of 10 km radius of the affected area from where random sampling of poultry birds will be done for next three months to check whether they are infected with avian influenza, he said.

"Necessary steps are being taken to prevent bird flu from spreading to other areas," he added.

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Agencies
January 12,2020

Washington, Jan 12: The US State Department has described the recent visit of envoys of 15 countries to Jammu and Kashmir as an "important step" but expressed concern over the continued detention of political leaders and restrictions on internet in the region.

Alice Wells, the Acting Assistant Secretary of State for South Asia, tweeted on Saturday that she was "closely following" the visit of the envoys to Kashmir, describing it an "important step".

Wells, who will be visiting India this week, added: "We remain concerned by detention of political leaders and residents and Internet restrictions. We look forward to a return to normalcy."

The group of diplomats made a two-day visit to the Union Territory on Thursday and Friday to see the conditions thereafter Jammu and Kashmir's special constitutional status was removed last August.

While some US politicians and media have criticised the action by Prime Minister Narendra Modi's government, the US has officially appeared to support the abrogation of the Constitution's Article 370 on the special status.

Last October, Wells told the House of Representatives Subcommittee on Asia and the Pacific that the State Department supported the objectives behind it, while not directly mentioning the abrogation.

"The Indian government has argued that its decision on Article 370 was driven by a desire to increase economic development, reduce corruption, and uniformly apply all national laws in Jammu and Kashmir, particularly in regard to women and minorities.

"While we support these objectives, the Department remains concerned about the situation in the Kashmir Valley, where daily life for the nearly eight million residents has been severely impacted since August 5," she had said.

Washington has banked on India's democratic institutions - the judiciary and public debates - being able to steer the country.

Bearing this out, the Supreme Court last week ordered the government to review its decision to shut down the internet in Kashmir, which it declared was a fundamental right, thus taking a step to address Wells's concern.

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News Network
January 15,2020

Jammu, Jan 15: Fresh landslides kept the Jammu-Srinagar National Highway shut for the third consecutive day on Wednesday, leaving over 5000 vehicles stranded.

"There were four fresh landslides in Digdol and Panthiyal belts on the highway in Ramban district. The traffic on the highway remained closed for the third day today", a police officer told PTI.

On Monday, heavy rains triggered shooting of stones in Moumpassi, Digdole and Panthiyal areas, forcing a suspension of the traffic, the official said.

Snowfall in Kashmir side of the highway, including Jawahar Tunnel, since Sunday has resulted in blockade of the highway.

"No fresh traffic was allowed from Nagrota in Jammu for Kashmir", he said.

As a result of the blockade of the highway, over 5000 vehicles remained stranded at various places en route from Lakhanpur in Kathua district to Banihal belt of Ramban district and also on the Kashmir side.

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