Women have constitutional right to enter Sabarimala: Supreme Court

Agencies
July 18, 2018

New Delhi, Jul 18: The Supreme Court today said women have the constitutional right to enter Sabarimala temple in Kerala and pray like men without being discriminated against.

A five-judge Constitution bench headed by Chief Justice Dipak Misra, which is hearing a petition challenging the decision of the Devaswom board banning entry of women of age group 10-50 years, said that even if there was no law, the women cannot be discriminated against with regard to offering prayer in a temple.

"When a man can enter, a woman can also go. What applies to a man, applies to a woman also," the bench also comprising justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra observed.

"The right to enter a temple is not dependent on a legislation. It is the constitutional right," the bench said, adding that this right is enshrined under Article 25 and 26 of the Constitution.

The top court was informed by the Kerala govt that it also supported the entry of women of all age groups in the temple.

The bench then referred to the contrary affidavits of the Kerala government which had in 2015 had supported the entry of women but made a U-turn in 2017 and opposed the entry.

The counsel for the Kerala government said that it would go by its first affidavit and support the cause of women.

"You are changing with the changing times," the bench remarked.

Senior advocate Indira Jaising, appearing for one of the intervenors, assailed the practice and said that the ban on the entry of women of certain age groups was violative of various fundamental rights including Article 17 which deals with untouchability.

She also referred to the definition of the term Hindu under various statutes and said that the women were discriminated against not on the ground of sex but because of menstruation.

Senior advocate Raju Ramchandran, who is assisting the court as amicus curiae, supported the entry of women into the temple and said that denial of the right to entry of women was violative of fundamental rights.

The hearing on the plea filed by petitioners Indian Young Lawyers Association and others remained inconclusive and would continue tomorrow.

The apex court had on October 13 last year referred the issue to a Constitution bench after framing five "significant" questions including whether the practice of banning entry of women into the temple amounted to discrimination and violated their fundamental rights under the Constitution.

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News Network
March 12,2020

New Delhi, Mar 12: The Supreme Court told the Uttar Pradesh government on Thursday that as of now, there was no law that could back their action of putting up roadside posters of those accused of vandalism during anti-CAA protests in Lucknow.

An apex court bench refused to stay the March 9 Allahabad High Court order directing the Yogi Adityanath administration to remove the posters.

The top court, which grilled the Uttar Pradesh government for putting up such posters in public, described the plea as a matter that needed "further elaboration and consideration".

A vacation bench of justices U U Lalit and Aniruddha Bose said a "bench of sufficient strength" would consider next week the Uttar Pradesh government's appeal against the Allahabad High Court order directing the state administration to remove the posters of those accused of vandalism during anti-CAA protests.

It directed the apex court registry to put up the case file before Chief Justice of India (CJI) S A Bobde so that a "bench of sufficient strength can be constituted at the earliest to hear and consider" the case next week.

During the hearing, the bench told Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, that it was a matter of "great importance".

It asked Mehta whether the state government had the power to put up such posters.

The top court, however, said there was no doubt that action should be taken against rioters and they should be punished.

Mehta told the court that the posters were put up as a "deterrent" and the hoardings only said that these persons were liable to pay for their alleged acts during the violence.

Senior advocate A M Singhvi, appearing for former IPS officer S R Darapuri whose poster has also been affixed in Lucknow, told the bench that the state was duty-bound to show the authority of law backing its action.

He said the action of the Uttar Pradesh government amounted to a "mega blanket" approach of naming and shaming these persons without final adjudication and it was an open invitation to common men to lynch them as the posters also had their addresses and photographs.

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News Network
July 23,2020

New Delhi, Jul 23: A Delhi court Thursday allowed 198 Indonesians to walk free on payment of varying fines, after they accepted mild charges under the plea bargain process, related to various violations including visa norms while attending the Tablighi Jamaat event here during the COVID-19 lockdown.

Metropolitan Magistrate Vasundhara Azad allowed 100 Indonesians to walk free on payment of a fine of Rs 7,000 each, said advocates Ashima Mandla, Fahim Khan and Ahmed Khan, appearing for them.

Metropolitan Magistrate Swati Sharma allowed 98 Indonesians to walk free on payment of a fine of Rs 5,000 each.

The court directed the 98 Indonesians to deposit their fines to PM CARES Fund.

The Sub-divisional magistrate of Defence Colony, who was the complainant in the case, Assistant Commissioner of Police of Lajpat Nagar and Inspector of Nizamuddin said they have no objection to it.

However, one Indonesian did not plead guilty to the charges against them and claimed trial before the court.

Under plea bargaining, the accused plead guilty to the offence praying for a lesser punishment. The Criminal Procedure of Code allows for plea bargaining in cases where the maximum punishment is 7-year imprisonment; offences don''t affect the socio-economic conditions of the society and the offence is not committed against a woman or a child below 14 years.

The foreigners were chargesheeted for attending the religious congregation at Nizamuddin Markaz event in the national capital by allegedly violating visa conditions, indulging in missionary activities illegally and violating government guidelines, issued in the wake of Covid-19 outbreak in the country.

They were granted bail earlier by the court on a personal bond of Rs 10,000 each.

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Agencies
June 21,2020

New Delhi, June 21: The world is feeling the need for yoga more than ever due to the coronavirus pandemic and the ancient Indian practice is helping a large number of Covid-19 patients across the globe in defeating the disease, Prime Minister Narendra Modi said on Sunday.

The coronavirus specifically attacks the respiratory system and 'pranayama' or breathing exercise helps in strengthening the respiratory system the most, Modi said in his message on the sixth International Day of Yoga.

Modi said yoga has emerged as a force for unity and it does not discriminate as it goes beyond race, colour, gender, faith and nations.

"Yoga enhances our quest for a healthier planet. It has emerged as a force for unity and deepens the bonds of humanity. It does not discriminate. It goes beyond race, colour, gender, faith and nations. Anybody can embrace Yog," the prime minister said.

In his nearly 15-minute address early Sunday morning, Modi said that due to the coronavirus pandemic, the world is feeling the need for yoga more than ever.

"If our immunity is strong, it is of great help in defeating this disease. For boosting immunity, there are several methods in yoga, various 'asanas' are there. These asanas are such that they increase the strength of the body and also strengthen our metabolism," he said.

Talking about the benefits of 'pranayama' -- a form of breathing exercise, Modi said it is very effective and has countless variations like 'Sheetali, Kapalbhati and Bhrastika'.

"All these forms of yoga, help a lot in strengthening both our respiratory and immune system," he said, urging people to include 'pranayama' in their daily routine.

"A large number of Covid-19 patients all over the world are taking the benefits of all these techniques of yoga. The strength of yoga is helping them defeat this disease," Modi said.

Asserting that anybody can embrace yoga, the prime minister said that all that is needed is some part of one's time and an empty space.

"Yoga is giving us not only the physical strength, but also mental balance and emotional stability to confidently negotiate the challenges before us," Modi said.

"If we can fine-tune our chords of health and hope, the day is not far away when world will witness the success of a healthy and happy humanity. Yoga can definitely help us make this happen," he said.

With the shadow of the COVID-19 pandemic looming large, International Day of Yoga is being marked on digital media platforms sans mass gatherings. This year's theme is 'Yoga at Home and Yoga with Family'.

Yoga Day is going digital for the first time since June 21, 2015, when it began to be celebrated annually across the world, coinciding with the Summer Solstice each year.

On December 11, 2014, the United Nations General Assembly declared June 21 as 'International Day of Yoga', months after Prime Minister Modi had proposed the idea.

The Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) had planned to hold a grand event in Leh, but cancelled it due to the pandemic.

In his message on Sunday, Modi said the International Yoga Day is a day of unity and gives the message of universal brotherhood.

"It is a day of oneness and humanness. What brings us together, unites us, that is yoga. What bridges distances is yoga. In times of this coronavirus pandemic, people's participation in the 'My Life - My Yoga' across the world shows that people's interest in yoga is increasing," he said.

He said that doing work properly and fulfilling one's duties is also a form of yoga.

"Eating the right food, playing the right sports, having right habits of sleeping and waking, and doing your work and your duties is yoga," Modi said.

"With this 'karmayoga', we get the solution to all the problems. 'Karmayoga' is also helping others selflessly. This spirit of 'karmayoga' is embedded in the spirit of India. Whenever the need arose, the whole world witnessed India's selflessness," he said.

The power as an individual, society and country increases manifold when people act according to yoga and with the spirit of 'karmayoga', Modi said.

"Today we have to take a pledge in this spirit -- we will do everything possible for our health, for the health of our loved ones. As a conscious citizen, we will move forward unitedly as a family and society," he said.

The PM's message was followed by a live demonstration of Common Yoga Protocol (CYP). The CYP drill was designed keeping in mind people of different age groups and of varied walks of life, the ministry had said in its statement.

Yoga programmes are organised across the globe by Indian missions every year, but this year will be different. Several missions are organising digital events to mark the occasion.

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