Fundamental right of women to enter temples in Maharashtra: Bombay High Court

April 1, 2016

Pune, Apr 1: Women can no longer be barred from entering temples in Maharashtra with the Bombay High Court today holding that it is their fundamental right to go into places of worship and the government's duty to protect it.

bhcIn directions which are seen as a break from centuries-old traditions and a victory for women's campaign against gender bias, the court asked the Maharashtra Government to take pro-active steps to ensure that this right was not allowed to be encroached upon by any authority.

A division bench of Chief Justice D H Waghela and Justice M S Sonak gave the directions while hearing a public interest litigation by senior advocate Nilima Vartak and social activist Vidya Bal, challenging prohibition of entry of women in temples like Shani Shingnapur in Maharashtra.

The PIL sought implementation of the provisions of Maharashtra Hindu Place of Worship (Entry Authorisation) Act 1956.

The Maharashtra government has said it would take all steps to comply with the order by enforcing the law that provides six months in prison for preventing anyone from entering a temple.

Welcoming the court direction, activist Trupti Desai, heading the campaign for gender equality in temples, said she and her followers would head to Shani Shingnapur tomorrow itself.

Following critical remarks from the high court two days back, the state government told the court that it was completely against gender discrimination and would implement the Act.

"The provisions of the Act shall be scrupulously implemented. The government is completely against gender discrimination. A circular or directive shall be issued to all district authorities informing them about the Act and its provisions," Acting Advocate General Rohit Deo told the court.

The bench, while accepting the statement, directed the secretary of Maharashtra's Home Department to ensure that the policy and purpose of the Act is fully carried out, and directions are issued to all district collectors and Superintendents of Police.

"The Maharashtra government shall take all necessary steps to implement the Act. Ultimately it is the fundamental right of a woman and your (government) fundamental duty to protect this right," Chief Justice Waghela said.

"The acting Advocate General has assured the court that the government is against gender discrimination.

Keeping in view Article 14, 15 and 25 of the Constitution of India, the government can take pro-active steps to ensure that the fundamental rights of a citizen are fully realised and not allowed to be encroached upon by any authority," the HC said.

The bench, after accepting the government's statement, disposed of the petition and said, "This court can only pass a general direction. We cannot go into individual or specific cases. If any person has grievance that the Act is not being implemented, then he or she can approach local authority with their complaint."

Terming the High Court direction as a "boost" to the movement for equal rights, Desai said in Pune, "we are planning to head to Shani Shingnapur tomorrow itself."

The acting AG, however, clarified to HC that if a temple in the state does not allow any person, irrespective of their gender, inside the sanctum sanctorum, then this Act and its provisions will not be of any help.

"However, if a temple allows men in the sanctum sanctorum but prohibits women, then this Act and its provisions can be used," he said.

The court noted that while the government's statement was "good enough", steps should be taken to strengthen the hands of the authority who is on the field.

"Making a statement that the Act and its provisions will be implemented and enforced and that you (government) are against gender discrimination is good enough. But you have to strengthen the hands of the authority who is on field and has to take action as per the Act," the court said.

The high court had on Wednesday observed that if men are allowed in a place of worship, then women should also be permitted as no law prevents them from doing so.

The HC, while underlining the need for giving equal access to women, also stated that any temple or person imposing restrictions can face a six-month jail term under the Act, and asked the government to make a statement if it is worried about the sanctity of a deity.

The court had also said that the government should give wide publicity to the Act and issue circulars, informing the general public at large about the Act and its provisions.

The petition had said that the prohibition is arbitrary, illegal and in violation of fundamental rights of citizens.

The debate over the issue in Maharashtra escalated after a woman last year tried to enter and offer prayers at the Shani Shingnapur temple in 'breach' of the age-old practice of prohibiting entry of women.

This had prompted the temple committee to suspend seven security men and the villagers to perform purification rituals.

Subsequently, the Bhumata Brigade led by Trupti Desai had on January 26 launched a high-voltage campaign to breach the ban at the temple and vowed to carry on with its movement for gender justice.

Besides, around 150 women under the banner of outfit had last month headed to the famous Trimbakeshwar temple in Nashik district seeking to break the bar on female devotees at the inner sanctum of the Lord Shiva shrine. Their attempts were, however, foiled by the police.

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News Network
February 24,2020

New Delhi, Feb 24: The shared values between India and the US are "discrimination, bigotry, and hostility towards refugees and asylum seekers", Amnesty International USA said in a joint statement with Amnesty International India ahead of US President Donald Trump's visit to India on Monday.

Trump, accompanied by his wife Melania, daughter Ivanka and son-in-law Jared Kushner as well as senior officials of his administration, landed in Ahmedabad on the first leg of his two-day visit to India.

"Anti-Muslim sentiment permeates the policies of both U.S. and Indian leaders. For decades, the U.S.-India relationship was anchored by claims of shared values of human rights and human dignity. Now, those shared values are discrimination, bigotry, and hostility towards refugees and asylum seekers,” Margaret Huang, Amnesty International USA’s executive director, was quoted as saying in the statement.

It was a reference to the anti-CAA protests in India, the internet lockdown in Jammu and Kashmir and the Muslim ban expansion by President Trump affecting Nigeria, Eritrea, Myanmar, Kyrgyzstan, Sudan and Tanzania, the statement said.

It added that Amnesty International USA’s researchers travelled to Lebanon and Jordan to conduct nearly 50 interviews with refugees that as a result of the previous version of the ban have been stranded in countries where they face restrictive policies, increasingly hostile environments, and lack the same rights as permanent residents or citizens.

The statement also came down hard on the Indian government, hitting out at the Citizenship (Amendment) Act (CAA) 2019 and saying it legitimises discrimination based on religious grounds.

It criticised statements such as “identify them (the protestors) by their clothes” or “shoot the traitors” by Prime Minister Modi and his party workers. Such remarks "peddled the narrative of fear and division that has fuelled further violence", it said.

“The internet and political lockdown in Kashmir has lasted for months and the enactment of CAA and the crackdown on protests has shown a leadership that is lacking empathy and a willingness to engage. We call on President Trump and Prime Minister Modi to work with the international community and address our concerns in their bilateral conversations,” Avinash Kumar, executive director, Amnesty International India said in the statement.

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News Network
June 11,2020

Washington, Jun 11: Observing that historically India has been a tolerant, respectful country for all religions, a top Trump administration official has said the US is "very concerned" about what is happening in India over religious freedom.

The comments by Samuel Brownback, Ambassador-At-Large for International Religious Freedom, came hours after the release of the "2019 International Religious Freedom Report" on Wednesday.

Mandated by the US Congress, the report documenting major instances of violation of religious freedom across the world was released by Secretary of State Mike Pompeo at the State Department.

India has previously rejected the US religious freedom report, saying it sees no locus standi for a foreign government to pronounce on the state of its citizens' constitutionally protected rights.

"We do remain very concerned about what's taking place in India. It's historically just been a very tolerant, respectful country of religions, of all religions," Mr Brownback said during a phone call with foreign journalists on Wednesday.

The trend lines have been troubling in India because it is such a religious subcontinent and seeing a lot more communal violence, Mr Brownback said. "We're seeing a lot more difficulty. I think really they need to have a - I would hope they would have an - interfaith dialogue starting to get developed at a very high level in India, and then also deal with the specific issues that we identified as well," he said.

"It really needs a lot more effort on this topic in India, and my concern is, too, that if those efforts are not put forward, you're going to see a growth in violence and increased difficulty within the society writ large," said the top American diplomat.

Responding to a question, Mr Brownback said he hoped minority faiths are not blamed for the COVID-19 spread and that they would have access to healthcare amid the crisis.

Prime Minister Narendra Modi has criticised any form of discrimination, saying the COVID-19 pandemic affects everyone equally. "COVID-19 does not see race, religion, colour, caste, creed, language or border before striking. Our response and conduct thereafter should attach primacy to unity and brotherhood," PM Modi said in a post on LinkedIn in February.

The government, while previously rejecting the US religious freedom report, had said: "India is proud of its secular credentials, its status as the largest democracy and a pluralistic society with a longstanding commitment to tolerance and inclusion".

"The Indian Constitution guarantees fundamental rights to all its citizens, including its minority communities… We see no locus standi for a foreign entity/government to pronounce on the state of our citizens' constitutionally protected rights," the Foreign Ministry said in June last year.

According to the Home Ministry, 7,484 incidents of communal violence took place between 2008 and 2017, in which more than 1,100 people were killed.

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Agencies
May 4,2020

New Delhi, May 4: The government has not talked about charging anything from migrant labourers as 85 per cent of the transportation cost is borne by the railways and 15 per cent by state governments, the Centre said on Monday amid a row over the national transporter allegedly charging the workers for ferrying them home during the COVID-19-induced lockdown.

The government also said the process of transporting the stranded migrant labourers was being coordinated by states “except for one or two states”.

Asked if the migrant labourers were being charged for being ferried home, Joint Secretary at the Health Ministry Lav Agarwal said that as far as migrant labourers are concerned, the guidelines have clearly stated that under the infectious disease management one should stay where he or she is.

“Based on the request given from states for particular cases, permission was given to run special trains. Be it government of India or the Railways, we have not talked about charging from workers. Eighty-five per cent of the transportation cost is borne by the Railways, while states have to bear 15 per cent of the cost,” he told reporters.

“Based on the request of the states the process that started, under which limited number of stranded migrant labourers have to be transported for a particular reason, is being coordinated by the state governments, except for one or two states,” Agarwal said.

At the daily briefing on the COVID-19 situation, Agarwal also said that in the last 24 hours, 1,074 COVID-19 patients have recovered, the highest number of recoveries in one day.

The recovery rate stands at 27.52 per cent with 11,706 COVID-19 patients cured till now, he said.

Agarwal said in the last 24 hours, 2,553 novel coronavirus cases were reported, taking the number of overall cases to 42,533. The total number of active cases stands at 29,453, he said.

The joint secretary also said that the COVID-19 curve is relatively flat as of now and it was not right to talk in terms of when the peak would come.

“If we collectively work then the peak might not ever come, while if we fail in any way we might experience a spike in cases,” he said.

Amitabh Kant, Chairman of the Empowered Group dealing with civil society, NGOs, industries and international partners, said in 112 aspirational districts, “we worked with the collectors and in these 112 districts only 610 cases have been reported which is two per cent of the national level infection”.

In these 112 districts, 22 per cent of India's population resides, he said.

In a few districts like Baramulla, Nuh Rachi, Kupwara and Jaisalmer more than 30 cases have been reported, while in the rest of the places very few cases are there, Kant said.

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alert
 - 
Tuesday, 5 May 2020

why is no one talking about privatized railways? why Adani is not offering free travel to laborers?

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