No SC verdict on Ram temple before 2019 polls, say lawyers

Agencies
September 21, 2018

Lucknow, Sept 21: The Ram temple issue, presently in the Supreme Court, could linger further and there is no chance of any verdict before the 2019 Lok Sabha polls, claims the lawyers involved in the case.

The current three-judge Bench headed by CJI Dipak Misra had been hearing the Ayodhya title dispute. Justice Misra is to retire on October 2 and those legally associated with the case say there is absolutely no possibility of any verdict coming in the case before that. In fact, the Bench has not entirely started with the actual hearing in the title case. 

Mr Jafarayeb Jilani, the convener of Babri Masjid Action committee and lawyer for the Muslim side in the Ram Janam Bhoomi-Babri Masjid dispute case, told UNI here on Friday that the bench concerned has so far heard and reserved its order only on an earlier ruling of the Apex court in 1994, which said, 'Mosque is not the essential requirement In Islam. Order on this was reserved on July 20 and is expected to be pronounced before Justice Mishra retires.”

Mr Jilani said, “If the bench thinks the 1994 ruling is required to be looked into, the issue will be recommended to be heard by a five-judge bench or above it. This, because the 1994 ruling of 'Mosque not being an essential requirement in Islam' was given by a five-judge bench.

He further explained that if a new bench is to be constituted, the matter will be subsequently heard by it." And if it's the other way around, even then a new bench—most likely comprising of the new Chief Justice of India—will hear it post Justice Mishra's retirement. Justice Ranjan Gogoi is set to take over as the new CJI.”

Mr Jilani feels that this 1994 observation doesn't makes any significant impact on the ongoing title suit case. However, since it's related to the Ayodhya dispute, the judgement on the ruling will certainly create a flutter.

Senior lawyer Hari Shankar Jain of the Hindu Mahasabha is more vocal in his observation. He says, “I don't see any solution coming from the Supreme Court even in the next two years. Forget about anything before the 2019 general elections.” He further says, “The actual hearing in the title suit has not yet started. First, the court will decide about the 1994 ruling. Only then will there be further progress.”

Now, amid this clarity of no verdict on the sensitive issue in the near future, the question arises about what the Narendra Modi government wishes to do.

The BJP leaders have been giving a mixed response in the matter. While BJP president Amit Shah and Prime Minister Modi have not spoken a word about the issue during their rallies and visits to Uttar Pradesh, the state’s Chief Minister Yogi Adityanath had earlier suggested that temple is not part of party's agendas for the 2019 elections. Mr Adityanath said, “Lord Rama will himself decide the date of the temple construction.”

This statement was widely read as BJP's tactical decision to not to make it an issue in the 2019 polls. However, UP's deputy CM Keshav Maurya had taken a different route. Mr Maurya had said, “We are committed about the Ram temple and the Centre will not be shy away from bringing in a legislation to pave way for the construction of Ram Temple at the disputed site in Ayodhya.”

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News Network
March 3,2020

Chennai, Mar 3: The Madras High Court has ruled that if a working woman gives birth to a child in the second delivery after twins in the first, she is not entitled to maternity benefits as it should be treated as third child.

"As per existing rules, a woman can avail such benefits only for her first two deliveries. Even otherwise it is debatable as to whether the delivery is not a second delivery but a third one, in as much as ordinarily when twins are born they are delivered one after another, and their age and their inter-se elderly status is also determined by virtue of the gap of time between their arrivals, which amounts to two deliveries and not one simultaneous act," the court said.

The first bench, comprising Chief Justice A P Sahi and Justice Subramonium Prasad stated this while allowing the appeal from Ministry of Home Affairs.

It set aside the order June 18 2019 order of a single Judge, who extended 180 days of maternity leave and other benefits to a woman member of the Central Industrial Security Force (CISF) under the rules governing the Tamil Nadu government servants.

The issue pertains to an appeal moved by the ministry, which contended that the leave claim is by a member of CISF to whom the maternity rules of Tamil Nadu would not apply.

She would be covered by the maternity benefits as provided under the Central Civil Services (Leave) Rules, the ministry said.

When the appeal came up for hearing, the bench said it found that a second delivery, which, in the present case, resulted in a third child, cannot be interpreted so as to add to the mathematical precision that is defined in the rules.

The admissibility of benefits would be limited if the claimant has not more than two children, the bench said "This fact therefore changes the entire nature of the relief which is sought for by the woman petitioner, which aspect has been completely overlooked by the single judge", the bench said.

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News Network
May 27,2020

Mumbai, May 27: The Maharashtra government on Tuesday ordered re investigation by the CID into the suicide of a 53-year-old interior designer and his mother, allegedly over non-payment of dues by TV journalist Arnab Goswami and two others.

State Home Minister Anil Deshmukh said he ordered re investigation after Adnya Naik, daughter of interior designer Anvay Naik, claimed that Alibag Police in neighbouring Raigad district did not probe the non-payment of dues which had driven her father and grandmother to suicide.

"Adnya Naik had complained to me that #AlibaugPolice had not investigated non-payment of dues from #ArnabGoswami's @republic which drove her entrepreneur father & grandmom to suicide in May 2018," Deshmukh tweeted.

"I've ordered a CID re-investigation of the case," the minister, an NCP leader, added.

He also used the hashtag "Maharashtra government cares" while sharing the tweet. Earlier this month, the police registered an abetment of suicide case against Republic TV editor-in-chief Goswami and two others.

The suicide note purportedly written by Anvay Naik, managing director of Concorde Designs Private Limited, said he was forced to take his life as he was not paid dues of Rs 5.40 crore by the three accused.

Republic TV denied the allegation and said that certain vested interest groups were running "a false and malicious campaign and making false statements and innuendos against the company by exploiting the tragic event".

Mumbai Police are also conducting a probe against Goswami over his statements about the Palghar lynching case of April this year.

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Agencies
May 14,2020

New Delhi, May 14: India may witness the death of additional 1.2-6 lakh children over the next one year from preventable causes as a consequence to the disruption in regular health services due to the COVID-19 pandemic, UNICEF has warned.

The warning comes from a new study that brackets India with nine other nations from Asia and Africa that could potentially have the largest number of additional child deaths as a consequence to the pandemic.

These potential child deaths will be in addition to the 2.5 million children who already die before their fifth birthday every six months in the 118 countries included in the study.

The estimate is based on an analysis by researchers from the Johns Hopkins Bloomberg School of Public Health published in the Lancet.  

This means the global mortality rate of children dying before their fifth birthday, one of the key progress indicators in all of the global development, could potentially increase for the first time since 1960 when the data was first collected.

There were 1.04 million under-5 deaths in India in 2017, of which nearly 50% (0.57 million) were neonatal deaths. The highest number of under-5 deaths was in Uttar Pradesh (312,800 which included 165,800 neonatal deaths) and Bihar (141,500 which included 75,300 neonatal deaths).

The researchers looked at three scenarios, factoring in parameters like reduction in workforce, supplies and access to healthcare for services like family planning, antenatal care, childbirth care, postnatal care, vaccination and preventive care for early childhood. The effects are modelled for a period of three months, six months and 12 months.  

In scenario-1 marked by 10-18% reduction of coverage of all the services, the number of additional children deaths could be in the range of 30,000 plus over three months, more than 60,000 over six months and above 120,000 over the next 12 months.

Coronavirus India update: State-wise total number of confirmed cases, deaths on May 13

The numbers sharply rose to nearly 55,000; 109,000 and 219,000 respectively for scenario-2, which was associated with an 18-28% drop in all the regular services.

But in the worst-case scenario in which 40-50% of the services are not available, the number of additional deaths ballooned to 1.5 lakhs in the three months in the short-range to nearly six lakhs over a year.

The ten countries that could potentially have the largest number of additional child deaths are Bangladesh, Brazil, Congo, Ethiopia, India, Indonesia, Nigeria, Pakistan, Uganda and Tanzania.

In countries with already weak health systems, COVID-19 is causing disruptions in medical supply chains and straining financial and human resources.

Visits to health care centres are declining due to lockdowns, curfews and transport disruptions, and due to the fear of infection among the communities. Such disruptions could result in potentially devastating increases in maternal and child deaths, the UN agency warned.

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