Woman's plea to SC: Child marriage can't deny me a job

April 17, 2012

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New Delhi, April 17: A woman who was forced into marriage as a minor and suffered years of abuse before obtaining a divorce and qualifying for the Madhya Pradesh state civil service has petitioned Supreme Court that a law to discourage child marriage is being used unfairly to deny her a job.

Responding to Ratnarashi Pandey's plea, the Supre8me Court on Monday issued notice to the MP government on her challenging the validity of a rule that says people who marry as minors are debarred from appointment in the civil services.

Ratnarashi was married at the age of 14 and the marriage, marked by physical and mental cruelty, ended 13 years later when she got a divorce. As she got no maintenance from her husband and had to bring up two children, she cleared the state civil services exams only to be told that her marriage as minor disqualified her from a state government job.

She has challenged the legal validity of rule 6(5) of MP Civil Services (general condition of service) Rules, 1961, as despite the odds against her, Ratnarashi cleared the examination twice but was rejected because of her marriage over which she had no control.

Appearing before a bench of Justices Aftab Alam and Ranjana P Desai, Ratnarashi's counsel Neela Gokhale said her client should not be punished for being married off by her parents when she was a minor. The bench issued notice to the state and directed it to keep one post vacant till further orders.

Rule 6(5), inserted into the MP law on March 10, 2005, says, "No candidate shall be eligible for appointment to a service or post who has married before the minimum age fixed for marriage. The minimum age of marriage for a boy is 21 years while that for a girl is 18 years."

Since Ratnarashi got married when she was 14, she was refused appointment to MP civil services although she argued that she was a victim rather than an offender.

The high court dismissed her petition and justified the provision saying Rule 6(5) had been introduced to prevent child marriages more effectively as various laws to eradicate the social evil had not yielded results.

Gokhale said the high court, while dismissing Pandey's petition, ignored welfare legislations in favour of children, which warranted a holistic approach towards this peculiar problem.

"Rule of law does not contemplate any punishment or disqualification of a child who is a victim of such child marriage practice and in fact, even the Declaration of Human Rights of the Child by United Nations specifically declares that any child in conflict of law shall not suffer any disqualification in his career and shall be supported by the state to reform himself as a law abiding citizen," she said.

Ratnarashi said although she was a victim of the deplorable practice of child marriage in her society, she was being denied an opportunity to live with dignity and respect by earning her livelihood through an appointment in state civil services for which she is eligible and has cleared necessary screening tests.

Times View

This appears to be a clear case of a well-intentioned law becoming counterproductive when mechanically applied. The idea of discouraging child marriage is undoubtedly correct. However, as the woman in this specific case is pointing out, she can hardly be blamed for the fact that she was married off at14. Common sense dictates that she should be viewed as a victim rather than as someone who is practicing a social evil. She was a minor when she got married and was in no position to object effectively. To punish her for that would be to compound the injustice done to her. If anything, she is to be admired for rising from such a situation to be able to successfully compete in the civil service exams.

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News Network
February 5,2020

New Delhi, Feb 5: Taking on Delhi Chief Minister Arvind Kejriwal after Shaheen Bagh shooter Kapil Baisala was identified as an AAP worker by police, BJP chief J P Nadda on Tuesday said it exposed the party and Kejriwal who were playing with the country's security.

The Aam Aadmi Party hit back, questioning the police investigation.

In a series of tweets, Nadda said people of the country and Delhi today have seen the "dirty face" of AAP.

"For political longing, Kejriwal and his people even sold the security of the country. Earlier, Kejriwal used to insult the Army and advocate terrorists, but today relations with those who carry out their terrorist activities came to light," he said.

Nadda said he wanted to make it clear to Kejriwal that this country is bigger than any election, any government, and "this nation will not forgive those who play with its security. Kejriwal and his entire team have been exposed. The people of Delhi will give a befitting reply".

He claimed the entire country has seen "photos of Imam Hussain, the MLA and former minister of the Delhi government, with a radical terrorist organisation, PFI".

Days before Delhi goes to polls, police claimed that Baisala is a member of the Aam Aadmi Party. They said Baisala joined the party in early 2019 along with his father.

Police said it had photos of Baisala purportedly joining AAP along with his father Gaje Singh last year.

AAP's Rajya Sabha MP Sanjay Singh alleged that photos which were part of investigation were leaked to the BJP. He also said the party will approach the Election Commission to raise this issue, which has cropped up four days before the polling date.

"On whose instance, the police is giving statement? How did the photos which were part of the investigation reach the BJP? Before the news came out, Manoj Tiwari in the morning stated that the accused was from AAP. How did Manoj Tiwari get this news," Singh questioned in a press conference.

Union minister and BJP's in-charge for the Delhi polls, Prakash Javadekar, in a press conference alleged that "their (AAP's) designs are very clear from the beginning and they are trying every trick".

The whole conspiracy of AAP is to "divide society, cause fear in a community and create a vote bank," he charged.

Javadekar also claimed that photos of Baisala were recovered by police from his mobile phone although they were erased.

He also claimed that Baisala and his father were welcomed by Sanjay Singh at their joining of AAP.

"This proves AAP misleads youth and pushes them on the wrong path. AAP's strategy is to divide two communities, they want to instigate riots in Delhi," Javadekar alleged.

He further alleged that AAP leader Sanjay Singh had said violence would take place in Delhi. Their "conspiracy has been exposed by Delhi Police," he claimed.

"We condemn this politics of AAP," he said.

Javadekar also claimed this was "not an isolated incident" as AAP member Amanatullah Khan made a "very provocative speech" and the party supported Shaheen Bagh and did not give permission for the prosecution of members of the "tukde-tukde gang".

He hinted the BJP could approach the Election Commission against AAP over the issue.

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News Network
February 4,2020

New Delhi, Feb 4: Uttar Pradesh Chief Minister Yogi Adityanath on Monday accused Arvind Kejriwal of having a "partnership" with Pakistan and appealed to the people in Delhi to not vote for the AAP chief as it will make Pakistan happy.

Ramping up his attack on the Shaheen Bagh protest, Adityanath said that the protest against the Citizenship Amendment Act (CAA) is merely an excuse for people to vent their anger against the scrapping of Article 370.

"You must have seen their partnership on 370. Arvind Kejriwal used to speak in the same voice as Imran Khan on Article 370. You must have heard it.

"Now when elections are taking place in Delhi, who is speaking in favour of Arvind Kejriwal? It is the ministers of Pakistan. They are aware that Kejriwal is feeding 'biryani to protesters at Shaheen Bagh'," he said, referring to Pakistan minister Fawad Chaudhry's tweet asking Indians to defeat Prime Minister Narendra Modi.

Adityanath addressed three rallies on Monday in the national capital ahead of assembly elections.

"Will Pakistan decide who Indians should vote for. If voting for Kejriwal will make Pakistan happy, should it be done," he asked at a rally in Mehrauli.

Adityanath said his Delhi counterpart Kejriwal has become a "toy in the hands of anti-social and anti-India elements".

Addressing a rally in Vikaspuri in west Delhi, he said that Kejriwal is not bothered about key issues such as providing clean drinking water but is concerned about Shaheen Bagh, the anti-citizenship amendment act protest site.

At another rally in Uttam Nagar in west Delhi, Adityanath said Kejriwal has played with the emotions of the people of Delhi for the last five years.

"He obstructed the development of Delhi. And knowingly and unknowingly, he became a toy in the hands of anti-social and anti-India elements," Adityanath said.

The protest at Shaheen Bagh, he said, has disrupted traffic across the capital.

"A guest with an appointment to meet him at 9.30 am could only reach at 11. He told me he had left as early as 7 am but got stuck because of the traffic in Shaheen Bagh," he said.

The Uttar Pradesh chief minister also slammed Kejriwal for "sympathising" with elements who he said gave anti-India slogans in Jawaharlal Nehru University.

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News Network
May 25,2020

New Delhi, May 25: Realtors' apex body CREDAI has written a letter to Prime Minister Narendra Modi, seeking immediate relief measures to tide over the crisis caused by the COVID-19 pandemic.

The association, which has around 15,000 developer members, has sought one-time debt restructuring, lower interest rate on home loans and tax sops to boost liquidity and demand in the sector.

In an open letter to the prime minister, the Confederation of Real Estate Developers' Associations of India (CREDAI) said, "In this distressful situation arising out of the COVID-19 calamity, we in the real estate sector seek immediate relief for our survival."

Stating that the sector contributes substantially to the country's GDP and has backward and forward linkages with almost 250 industries, CREDAI said, "Our survival, therefore, is not just desirable, it is rather crucial for the economy."

Liquidity crunch, stagnant demand and cartelization of raw materials are major impediments for the industry to kickstart, it added.

CREDAI made seven recommendations to revive the sector and sought immediate intervention from the prime minister.

Pointing out that the situation is "much worse" than global financial crisis in 2008, CREDAI said "a one-time restructuring scheme as was permitted by RBI in 2008 may be quickly instituted by all lending institutions."

Since real estate was already reeling under a cyclical downturn before COVID-19, debt restructuring needs to be allowed for all accounts which were standard as on December 31, 2019, it added.

CREDAI demanded that all banks, non-banking financial companies (NBFCs) and housing finance companies (HFCs) should be directed to provide additional credit equal to 20 per cent of the existing real estate project related advances with no additional security and without the classification of project as NPA.

The penal interest charged by banks and financial institutions should be suspended for a period of one year or until such time as it takes for the pandemic to abate.

To revive housing demand, CREDAI suggested that "government should reduce the maximum rate of interest on new home loans to 5 per cent by subsidizing the interest component of EMIs for next five years."

The limit of principal deduction on housing loan under Section 80C should be increased to 2.5 lakh.

Interest deduction under Section 24 on housing loan for homebuyers may be increased to Rs 10 lakh, it said.

There should be no capital gains for residential properties held for a period longer than one year.

CREDAI also demanded that the subvention scheme be allowed again by National Housing Bank (NHB) and the Reserve Bank.

Under the scheme, builders used to pay EMIs on behalf of homebuyers during construction of projects.

"The economic uncertainty and job insecurity at the moment would not allow purchase of residential property at this time. A scheme whereby a homebuyer would need to pay only margin money with no EMI for 24 months will address this insecurity," the letter said.

The association pointed out that prices of cement and steel have been increased during the lockdown period, and asked for crackdown on cartelisation by manufacturers.

On the GST front, CREDAI said that the current regime of GST provides a rate of 1 per cent  for affordable housing.

"The limit of Rs 45 lakh serves as a criterion of affordability for the purpose of GST. On all other housing, GST is applied at the rate of 5 per cent without input tax credit. It has been felt that the criterion of Rs 45 lakh is too low an index of affordability anywhere across the country, and especially so in the metros," the letter said.

It will serve as an inducement to buyers in the metros if the benefit of GST at the rate of 1 per cent is extended to units costing up to Rs 75 lakh, the association said.

CREDAI pointed out that the flat rate of 5 per cent GST for under construction residential housing is causing cost build up and is acting as a deterrent for sale of under construction projects since there is no GST on completed units.

It suggested that GST rate of 1 per cent and 5 per cent, without input tax credit, should continue.

"However, an option of GST @12 per cent for normal housing/ 8 per cent for affordable housing (with 1/3rd deduction for land i.e. effective GST rate of 8 per cent for normal housing and effective GST rate of 5 per cent for affordable housing) with input tax credit (ITC) benefits in line with the scheme applicable for the works contracts for government may be revived and made applicable to the real estate," the letter said.

Lastly, CREDAI demanded that a Rs 25,000 crore stress fund for completing stalled housing projects should be deployed at the earliest.

"We shall be grateful for your much-needed intervention for the above mentioned measures required to revive the real estate sector," CREDAI said in the letter to the PM.

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