Mangalore crash payout: HC reserves order on Air India's plea

[email protected] (CD Network)
August 17, 2011

aircrash_copy

Kochi, August 17: A Division Bench of the Kerala High Court on Tuesday reserved its verdict on an appeal filed by Air India Ltd against an order of a single judge bolding that the company was bound to pay a minimum compensation of Rs. 75 lakh to the legal heirs of every person killed in the Mangalore air crash.

The Bench, comprising Justice C.N. Ramachandran Nair and Justice P.S. Gopinathan, reserved its judgment after the conclusion of arguments on the appeal.

The single judge had directed the company to pay the family members of B. Mohammed Rafi, who was killed in the crash, the balance sum within a month to make the compensation Rs. 75. Lakh.

In its appeal, the company said the single judge's order was wrong and unsustainable. The company further argued that the conclusion reached by the court, which cited the provisions of the Montreal Convention, was not fair. The single judge had observed that the Carriage by Air Act, 1972 did not draw any distinction among passengers over payment of a compensation of one lakh SDRs (Special Drawing Rights, equal to Rs. 75 lakh, of the International Monetary Fund).

The same should be paid by the carrier for the death of, or bodily injury sustained by a passenger in an accident on board, subject to the satisfaction of the extent of damage. The air carrier could pay compensation higher than the liability, but could not avoid or limit the liability provided under the Montreal Convention.

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News Network
January 25,2020

Bengaluru, Jan 25: To address the grievances of the Industrialists, over the issue of acquisition of land, the state government have plans to dilute the Land Reforms Act, Chief Minister B S Yediyurappa, said here on Saturday.

Speaking to the media here, on his visit to the World Economic Forum, Davos, recently he said that 'the visit was fruitful and ends with satisfactory note by procuring promises from several Industrial houses to investment in Karnataka'.

Stating that during his five-day stay at Davos, he had met several Industries heads on the sidelines of the summit, and had an interactive meeting with them, Chief Minister said that 'the event had helped us to present our state Karnataka, to convince them about the prevailing industry-friendly environment'.

He said that he had met several heads of global companies, including Arcelor Mittal, Kirloskar, MAHINDRA, Bharat Forge, 2000 Watt, general electrical, Dassault, Dalmia, Lulu Group, Volvo, Nova Nosdik and Domeco.

'The interaction with the corporate heads was encouraging and more investment is expected to flow into Karnataka, in the fields of Mining, Power, Agriculture, Pharma, Education, and Industries.'

Informing that the main grouse expressed by the Industrialists about the bottlenecks being faced in the Land Reforms Act to procure land, he said that 'To make ease of conversion of Agricultural land we have plans to bring amendment and it would be both win-win situation to both Farmers as well as Industries.'

'We have promised them to remove all hurdles, which comes in the way of acquiring land to set up industries, and we have promised to rectify all the administrative problems within a month or two and legal problems in the next couple of months by amending existing laws.'

'We have also plans to present a new Industrial policy in the coming budget and roll out a comprehensive and investor-friendly law', he further said.

Replying to questions, Chief Minister said that 'all those investment proposals which got clearance at the High-Level Clearance Committee would automatically considered as ‘deemed permission’ and start the process of acquisition of land'.

'TheWorldEconomic Forum Summit had also served us as a platform to invite Industrialists to take part in the Karnataka Global Investors Meet scheduled to be held in November this year', he added.

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Ram Puniyani
January 14,2020

In the beginning of January 2020 two very disturbing events were reported from Pakistan. One was the attack on Nankana Sahib, the holy shrine where Sant Guru Nanak was born. While one report said that the place has been desecrated, the other stated that it was a fight between two Muslim groups. Prime Minister of Pakistan Imran Khan condemned the incident and the main accused Imran Chisti was arrested. The matter related to abduction and conversion of a Sikh girl Jagjit Kaur, daughter of Pathi (One who reads Holy Guru Granth Sahib in Gurudwara) of the Gurudwara. In another incident one Sikh youth Ravinder Singh, who was out on shopping for his marriage, was shot dead in Peshawar.

While these condemnable attacks took place on the Sikh minority in Pakistan, BJP was quick enough to jump to state that it is events like this which justify the Citizenship Amendment Act (CAA). Incidentally CAA is the Act which is discriminatory and relates to citizenship with Religion, which is not as per the norms of Indian constitution. There are constant debates and propaganda that population of Hindus has come down drastically in Pakistan and Bangla Desh. Amit Shah, the Home minister stated that in Pakistan the population of Hindus has come down from 23% at the time of partition to 3.7% at present. And in Bangla Desh it has come down from 22% to present 8%.

While not denying the fact that the religious minorities are getting a rough deal in both these countries, the figures which are presented are totally off the mark. These figures don’t take into consideration the painful migrations, which took place at the time of partition and formation of Bangla Desh later. Pakistan census figures tell a different tale. Their first census was held in 1951. As per this census the overall percentage of Non Muslim in Pakistan (East and West together) was 14.2%, of this in West Pakistan (Now Pakistan) it was 3.44 and in Eat Pakistan it was 23.2. In the census held in Pakistan 1998 it became 3.72%. As far as Bangla Desh is concerned the share of Non Muslims has gone down from 23.2 (1951) to 9.6% in 2011.

The largest minority of Pakistan is Ahmadis, (https://minorityrights.org/country/pakistan/) who are close to 4 Million and are not recognised as Muslims in Pakistan. In Bangla Desh the major migrations of Hindus from Bangla Desh took place in the backdrop of Pakistan army’s atrocities in the then East Pakistan.

As far as UN data on refugees in India it went up by 17% between 2016-2019 and largest numbers were from Tibet and Sri Lanka.  (https://www.un.org/en/development/desa/population/migration/publication…)

The state of minorities is in a way the index of strength of democracy. Most South Asian Countries have not been able to sustain democratic values properly. In Pakistan, the Republic began with Jinnah’s classic speech where secularism was to be central credo of Pakistan. This 11th August speech was in a way what the state policy should be, as per which people of all faiths are free to practice their religion. Soon enough the logic of ‘Two Nation theory” and formation of Pakistan, a separate state for Muslim took over. Army stepped in and dictatorship was to reign there intermittently. Democratic elements were suppressed and the worst came when Zia Ul Haq Islamized the state in collusion with Maulanas. The army was already a strong presence in Pakistan. The popular formulation for Pakistan was that it is ruled by three A’s, Army, America and Allah (Mullah).

Bangla Desh had a different trajectory. Its very formation was a nail in the coffin of ‘two nation theory’; that religion can be the basis of a state. Bangla Desh did begin as a secular republic but communal forces and secular forces kept struggling for their dominance and in 1988 it also became Islamic republic. At another level Myanmar, in the grip of military dictatorship, with democratic elements trying to retain their presence is also seeing a hard battle. Democracy or not, the army and Sanghas (Buddhist Sang has) are strong, in Myanmar as well. The most visible result is persecution of Rohingya Muslims.

Similar phenomenon is dominating in Sri Lanka also where Budhhist Sanghas and army have strong say in the political affairs, irrespective of which Government is ruling. Muslim and Christian minorities are a big victim there, while Tamils (Hindus, Christians etc.) suffered the biggest damage as ethnic and religious minorities. India had the best prospect of democracy, pluralism and secularism flourishing here. The secular constitution, the outcome of India’s freedom struggle, the leadership of Gandhi and Nehru did ensure the rooting of democracy and secularism in a strong way.

India so far had best democratic credentials amongst all the south Asian countries. Despite that though the population of minorities rose mainly due to poverty and illiteracy, their overall marginalisation was order of the day, it went on worsening with the rise of communal forces, with communal forces resorting to identity issues, and indulging in propaganda against minorities.

While other South Asian countries should had followed India to focus more on infrastructure and political culture of liberalism, today India is following the footsteps of Pakistan. The retrograde march of India is most visible in the issues which have dominated the political space during last few years. Issues like Ram Temple, Ghar Wapasi, Love Jihad, Beef-Cow are now finding their peak in CAA.

India’s reversal towards a polity with religion’s identity dominating the political scene was nicely presented by the late Pakistani poetess Fahmida Riaz in her poem, Tum bhi Hum Jaise Nikle (You also turned out to be like us). While trying to resist communal forces has been an arduous task, it is becoming more difficult by the day. This phenomenon has been variously called, Fundamentalism, Communalism or religious nationalism among others. Surely it has nothing to do with the religion as practiced by the great Saint and Sufi traditions of India; it resorts mainly to political mobilization by using religion as a tool.

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Ashi
 - 
Tuesday, 14 Jan 2020

If Malaysia implement similar NRC/CAA, India and China are the loser.

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News Network
March 3,2020

Kalaburagi, Mar 3: Former Karnataka Minister Priyank Kharge on Monday in a letter requested Karnataka Assembly Speaker Sri Vishveshvaraya Hegade Kageri that the restricted media coverage in Assembly Budget session was not the right thing and it will be danger of for healthy democracy.

The letter written by Mr. Kharge to the Karnataka Assembly speaker which available to the press said that the fourth pillar of democracy 'Media' ban from covering assembly proceedings was not a healthy move and requested to immediately withdraw the government order in this regards, he said.

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