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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 30,2020

Mumbai, Apr 30: Rishi Kapoor, the romantic star of many a Bollywood film who was diagnosed with leukemia in 2018, died in a Mumbai hospital on Thursday, his brother Randhir Kapoor said. He was 67.

Rishi, a third generation actor of the famous Kapoor dynasty, is survived by his wife Neetu Kapoor, actor son Ranbir and daughter Ridhima.

"He is no more. He has passed away," Randhir said.

Rishi was taken to the H N Reliance hospital by his family on Wednesday.

His death comes a day after after his "D-Day" co-star Irrfan Khan passed away, also of cancer. Three months ago, the disease claimed his sister Ritu Nanda.

"Our dear Rishi Kapoor passed away peacefully at 8:45am IST in hospital today after a two-year battle with leukemia. The doctors and medical staff at the hospital said he kept them entertained to the last.

He remained jovial and determined to live to the fullest right through two years of treatment across two continents. Family, friends, food and films remained his focus and everyone who met him during this time was amazed at how he did not let his illness get the better of him, the family said in a statement.

Rishi returned to India last September after undergoing treatment for his cancer in the US for almost a year.

In February, he was hospitalised twice.

He was first admitted to a hospital in Delhi where he was attending a family function. At the time, he had said he was suffering from an "infection".

After his return to Mumbai, he was again admitted to a hospital with viral fever. He was discharged soon after.

Rishi made his first screen appearance as a child artiste in his father Raj Kapoor's film Shri 420 , where he appeared in the song Pyaar hua ekraar hua . This was followed by "Mera Naam Joker". But it was in 1973, with the blockbuster Bobby , again directed by his father, that he made his debut as a romantic hero. He continued to be a favourite romantic hero for almost three decades.

His notable films as a romantic hero are "Laila Majnu", "Rafoo Chakkar", "Karz", "Chandni", "Heena" and "Saagar".

He was, however, more proud of his second innings as an actor, which he found more satisfying. His notable films as a character artiste are "Do Dooni Chaar" with wife Neetu, "Agnipath" and "Kapoor & Sons".

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 5,2020

Washington, Feb 5: Experts warned a US government panel last night that India's Muslims face risks of expulsion and persecution under the country’s new Citizenship Amendment Act (CAA) which has triggered major protests.

The hearing held inside Congress was called by the US Commission on International Freedom, which has been denounced by the Indian government as biased.

Ashutosh Varshney, a prominent scholar of sectarian violence in India, told the panel that the law championed by prime minister Narendra Modi's government amounted to a move to narrow the democracy's historically inclusive and secular definition of citizenship.

"The threat is serious, and the implications quite horrendous," said Varshney, a professor at Brown University.

"Something deeply injurious to the Muslim minority can happen once their citizenship rights are taken away," he said.

Varshney warned that the law could ultimately lead to expulsion or detention -- but, even if not, contributes to marginalization.

"It creates an enabling atmosphere for violence once you say that a particular community is not fully Indian or its Indianness in grave doubt," he said.

India's parliament in December passed a law that fast-tracks citizenship for persecuted non-Muslim minorities from neighboring countries.

Responding to criticism at the time from the US commission, which advises but does not set policy, India's External Affairs Ministry said the law does not strip anyone's citizenship and "should be welcomed, not criticized, by those who are genuinely committed to religious freedom."

Fears are particularly acute in Assam, where a citizens' register finalized last year left 1.9 million people, many of them Muslims, facing possible statelessness.

Aman Wadud, a human rights lawyer from Assam who traveled to Washington for the hearing, said that many Indians lacked birth certificates or other documentation to prove citizenship and were only seeking "a dignified life."

The hearing did not exclusively focus on India, with commissioners and witnesses voicing grave concern over Myanmar's refusal to grant citizenship to the Rohingya, the mostly Muslim minority that has faced widespread violence.

Gayle Manchin, the vice chair of the commission, also voiced concern over Bahrain's stripping of citizenship from activists of the Shiite majority as well as a new digital ID system in Kenya that she said risks excluding minorities.

More than 40 people were killed last week in New Delhi in sectarian violence sparked by the citizenship law.

India on Tuesday lodged another protest after the UN human rights chief, Michele Bachelet, sought to join a lawsuit in India that challenges the citizenship law's constitutionality.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
June 26,2020

New Delhi, Jun 26: Over 700 employees of Hindu Rao Hospital would stage a protest against North Delhi Municipal Corporation on Friday morning over non-payment of their salaries since April. The staff includes paramedical, nurses, and Class IV employees of the hospital. However, the employees said that only 40 or 50 people would gather to stage the protest keeping COVID situation in mind, and the norms of social distancing would also be followed.

Tejinder Singh, president of the Paramedical technical staff welfare association, said that the corporation is forcing the employees to go on a protest when they are needed the most. "The government hails us as Corona warriors but do not treat us like one," he commented.

"We all have families. Many amongst us have taken loans, live on rental accommodation, and have children whose schools and colleges are demanding fees. How would we incur our expenses when we are not paid? We repeatedly asked the corporation to clear our dues, but our requests fell on deaf ears. We don't have any option but to go on protest," he said.

Besides, Singh also said that the staff of Hindu Rao had not received arrears of seventh pay commission, bonus and dearness allowances for two years. "These are our rights which we are being denied. The protest is to call out injustice and ignorance we face from the administration," he added.

The nurses of the hospital corroborated with Singh. However, they also added the issues they are facing since the pandemic started that they would be rising through the protest.

Nurses complain lack of facilities despite hospital gearing up as dedicated COVID care

Indumati Jaiswal, president of nurses' welfare association of the hospital, said that apart from salaries, the hospital is not providing many facilities required by the staff to battle the pandemic. The Delhi government had designated the hospital as a dedicated COVID facility on June 16.

"The preparedness for such responsibility is completely shoddy. There is no provision for air conditioners and coolers for us. We have to work wearing PPE kits for six hours straight under ceiling fans. The lack of AC and coolers amplifies our struggle to stay under PPE kits for longer hours. We can't even drink water in that duration. It's just inhumane," Jaiswal said.

Jaiswal also said that the hospital is facing staff crunch, yet, have not prepared a roster for the nurses. "The hospital has 238 nurses on 700 doctors. This is opposite to the prescribed guidelines of the Indian Nurses Council that suggests four nurses per doctor as a healthy ratio. Here, we have less than five nurses per doctor. A complete opposite of an ideal scenario," she complained.

Jaiswal said that the room for donning and doffing the PPE kits should be outside the ward. "In the hospital, it's within the ward, and the nurses have to cross through the patients to wear in and out the PPE suits. It increases the risk of contracting COVID-19 from the patients," she said.

The hospital employees informed that more than 40 healthcare workers from Hindu Rao had contracted the COVID-19 infection.

The corporation argues lack of funds behind delay in salaries

Indu Singhal, the deputy commissioner of North Delhi Municipal Commissioner, told media corporation is in the process to resolve the salary issues of the Hindu Rao Hospital's staff. "We have received their complaints and pursuing the matter. We will release their dues as soon as we receive the funds from the government," she said.

However, a senior official of the corporation revealed that the corporation is reeling under an acute shortage of funds. "Even the employees working in the corporation have not been paid salaries. The employees of A-grade are not paid since March," the official said.

Singhal said that the dispersion of salaries starts from the lower base. "Many officers, including I have not been paid," she added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.