Don't politicise rapes, I never indulged in counting the number of rape incidents: PM Modi

New Delhi, Jan 13: The Supreme Court on Monday commenced hearing on issues related to discrimination against women in various religions and at religious places including Kerala's Sabarimala Temple.

A nine-judge bench headed by Chief Justice S A Bobde said that it was not considering review pleas in the Sabarimala case.

“We are not hearing review pleas of Sabarimala case. We are considering issues referred to by a 5-judge bench earlier,” the bench said.

The apex court had on November 14 asked a larger bench to re-examine various religious issues, including the entry of women into the Sabarimala Temple and mosques and the practice of female genital mutilation in the Dawoodi Bohra community.

While the five-judge bench unanimously agreed to refer religious issues to a larger bench, it gave a 3:2 split decision on petitions seeking a review of the apex court's September 2018 decision allowing women of all ages to enter the Sabarimala shrine in Kerala.

A majority verdict by then Chief Justice Ranjan Gogoi and Justices A M Khanwilkar and Indu Malhotra decided to keep pending pleas seeking a review of its decision regarding entry of women into the shrine, and said restrictions on women in religious places was not restricted to Sabarimala alone and was prevalent in other religions as well.

The minority verdict by Justices R F Nariman and D Y Chandrachud gave a dissenting view by dismissing all review pleas and directing compliance of its September 28 decision.

Kolkata, Mar 1: The Calcutta High Court has ruled that it is not mandatory for foreigners to produce a valid passport and its particulars for processing of application for grant of Indian citizenship if he is able to satisfy the appropriate authorities the reasons for non-availability of the document.

Justice Sabysachi Bhattacharya passed the order while disposing off a petition by granting the petitioner liberty to file an application before the authority "as contemplated in Rule 11 of the Citizenship Rules 2009, upon furnishing explanation as to the non-availability of the passport".

Bismillah Khan had filed the petition saying he was being denied the citizenship of India because of his inability to file an application under Section 5 (1) (c) of the Citizenship Act, 1955, apparently due to the mandatory requirement of furnishing a copy of the passport for such application.

The petitioner's counsel submitted that Khan was a Pakhtoon citizen and due to political turmoil in the said state, which subsequently merged partially into Afghanistan and partially into Pakistan, he, as a five-year old, had to migrate to India with his father in 1973.

Under such circumstances, the petitioner could not have any opportunity of having a valid passport, since they were refugees under distress, the counsel said.

The petitioner had previously approached a coordinate Bench of the court, wherein a single judge, passed an order on July 25, 2018, directing him to comply with the formalities required, as communicated by the secretary to the Government of India to the Secretary to the Government of West Bengal (Home), vide a letter dated December 7, 2017.

The court had then also given liberty to the petitioner to apply afresh before the appropriate authority under Section 5(1)(c) of the 1955 Act, having complied with all the formalities.

The petitioner then moved Bhattacharya's court submitting that a complete application as directed by the Coordinate Bench cannot be possibly filed by his client due to the mandatory requirement of uploading a copy of his passport, which the petitioner does not have due to reasons beyond his control.

The counsel said Khan is married to an Indian citizen, has a daughter and living in India for close to half a century.

The counsel for the union of India submitted that in view of no application having been filed by the petitioner, there is no scope of granting such proposed application at the present juncture for the Union.

The counsel argued that it is mandatory to file an application in Form III for the application of the petitioner under Section 5(1)(c) of the Act to be considered at all.

In view of the petitioner not complying with the mandatory requirement of submitting a copy of his passport, the state government cannot, under the law, forward such application to the union government.

After hearing all sides, Justice Bhattacharya said although the rule "contemplates that an application shall not be entertained unless the application is made in Form III, such provision ipso facto does not make the availability of a passport a mandatory requirement".

"..the Form given with the Rules or the Rules themselves cannot override the provision of the statute itself, under which the said Rules are framed, which does not stipulate such a mandate on the applicants for citizenship under Section 5 (1)(c) of the 1955 Act mandatorily to carry a passport".

The court said although such provision is included in the Form, which has to be complied with by the applicant, "it is nowhere indicated in such Form that all the relevant particulars, including the particulars regarding passport of the petitioner have to be furnished mandatorily, along with a copy of a valid foreign passport, even in the event the petitioner, for valid reasons, is not in a position to produce such passport".

Justice Bhattacharya ruled that under such circumstances, it cannot be held that the provision of producing a passport and its particulars is mandatory in nature and there has to be a relaxation in such requirement "in case the petitioner is able to satisfy the appropriate authorities the reasons for non- availability of such passport".

"Unless such a leeway is given to the applicants, genuine persons who otherwise have all the formal documents indicating that they have been residing in India for a long time and have married a resident of India would also be unable to apply for Indian Citizenship despite having lived their entire lives and contributed to the economy and diverse culture of this country."

He said such a scenario would be contradictory to the spirit of Article 14 of the Constitution of India.

"In such view of the matter, the requirement of having a passport has to be read as optional in Form III of the Citizenship Rules, 2009 and the authorities are deemed to have the power to relax such 6 requirement in the event the applicant satisfied the authorities for genuine reasons why the applicant is not in a position to produce such passport," the February 24 order said.

The court ruled that despite the provision of making applications online, a provision has to be made for persons who do not have all the particulars of their passport, which is read as optional, to file applications manually, which are to be treated as valid applications under Rule 5 of the Citizenship Rules, 2009.

The court also ordered that alternatively the necessary software be amended so that the online applications can be presented with or without passports, in the latter case furnishing detailed reasons as to non-furnishing of passports.

"Sanctioning of such forms, however, will be conditional upon the satisfaction of the relevant authorities about the reasons for the applicant not being able to produce her/his passport," the order said.

New Delhi, Jun 15: Average temperature of India experienced a rise of 0.7 degree Celsius, along with decline in rainfall, significant increase in frequency of very severe cyclonic storms and droughts in over a decade due to human activities, the Ministry of Earth Sciences in its research report said.

The contentions were made in a report issued by the ministry on the impact of climate change. It will be published by Union Minister Harsh Vardhan on June 19.

According to the report, "Since the middle of the twentieth century, India witnessed rise in temperature; decrease in monsoon; rise in extreme temperature and rainfall, droughts, and sea levels; and increase intensity of severe cyclones.

The report, prepared by researchers of the Centre for Climate Change Research, a cell under The Ministry's Indian Institute of Tropical Meteorology, Pune, further stated that there is compelling scientific evidence that human activities have influenced these changes in regional climate.

India's average temperature has risen by around 0.7 degrees Celsius during 1901-2018, it said, adding that the rise is largely on account of GHG-induced warming and partially offset by forcing due to anthropogenic aerosols.

It states that the average temperature over India is projected to rise by 4.4 degrees Celsius, while the intensity of heat waves is likely to increase by 3-4 times by the end of the century.

In the 30-year period between 1986 and 2015, temperatures of the warmest day and the coldest night of the year have risen by about 0.63 degrees Celsius and 0.4 degree Celsius.

According to the report, by the end of the century, the temperatures of the warmest day and the coldest night are projected to rise by approximately 4.7 degrees Celsius and 5.5 degrees Celsius, respectively.

Alarmingly, sea surface temperature of the tropical Indian Ocean has also risen by one degrees Celsius on average during 1951-2015.

"The frequency of very severe cyclonic storms during the post-monsoon season has increased significantly (+1 event per decade) during the last two decades (2000-2018)," it added.

This came in the backdrop of Cyclone 'Amphan' and 'Nisarga' which made landfalls on May 20 and June 3 and killed several people, flattened villages, and destroyed farms.

"This is the first-ever climate change assessment report for India. This report will be very useful for policy makers, researchers, social scientists, economists, and students," said M. Rajeevan, secretary, the Ministry of Earth Sciences.

Besides this, the report also highlighted various other unnerving data on climate change in the country. Both the frequency and extent of droughts have increased significantly during 1951-2016.

The overall decrease of seasonal "summer monsoon rainfall" during the last 6-7 decades has led to an increased propensity for droughts over India.

"In particular, areas over central India, southwest coast, southern peninsula and north-eastern India have experienced more than 2 droughts per decade, on average, during this period. The area affected by drought has also increased by 1.3 per cent per decade over the same period."

The Hindu Kush Himalayas (HKH) also experienced a temperature rise of about 1.3 degree Celsius during 1951-2014.

Several areas of the Himalayas have experienced a declining trend in snowfall and also retreat of glaciers in recent decades. By the end of the twenty-first century, its annual mean surface temperature is projected to increase by about 5.2 degree Celsius.

The summer monsoon precipitation from June to September over India has also declined by around 6 per cent from 1951 to 2015, with notable decreases over the Indo-Gangetic Plains and the Western Ghats, the report further states.