SC terms as impossible condition of observing abstinence before visiting Sabarimala temple

Agencies
July 19, 2018

New Delhi, Jul 19: The Supreme Court on Thursday termed as impossible the condition of observing abstinence for 41 days before undertaking a pilgrimage to the Sabarimala temple in Kerala and said this had led to the ban on the entry of women in the age group of 10 to 50 years into it.

A five-judge Constitution bench headed by Chief Justice Dipak Misra, which is hearing petitions challenging the ban, said it is the devotion which makes a woman to visit a temple.

The observations by the bench came when senior advocate A M Singhvi, appearing for Devaswom Board which runs the over 800-year-old Lord Ayyappa temple, said it is only shrine in the world which observes the belief that women in the menstruating age should not be allowed inside it.

The senior lawyer submitted that people from all castes and religions can visit the temple and only women in that particular age group are not allowed into it because of the simple reason that it is impossible to observe abstinence for 41 days before undertaking the pilgrimage.

"This is imposition of an impossible condition that one has to observe a 41-day abstinence period. What you cannot do in law is being done by imposing this condition," the bench, also comprising justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, said.

At the outset, senior advocate Raju Ramachandran, who is assisting the court as amicus curiae, said the exclusion of women in that particular age group was akin to untouchability which was prohibited under Article 17 of the Constitution.

"We are talking about the exclusion on the basis that menstruating women are impure. I seek expansion of Article 17 of the Constitution," he said.

The Kerala government, meanwhile, told the court that it supported the entry of women of all age groups into the Sabarimala temple.

The arguments in the matter remained inconclusive and would resume on July 24.

The apex court had yesterday observed that the fundamental right of freedom to practice religion is provided to "all persons" by the Constitution and the women have the right to enter and pray like men at the shrine.

The bench had also termed as "absurd" the notification of Devaswom board banning entry of women in the 10-50 age group.

The plea challenging the ban has been filed by petitioners Indian Young Lawyers Association and others.

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 of that particular age group into the temple amounted to discrimination and violated their fundamental rights under the Constitution.

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News Network
May 12,2020

Ahmedabad, May 12: The Gujarat High Court on Tuesday declared state BJP minister Bhupendrasinh Chudasama's election in 2017 as void on grounds of malpractice and manipulation.

Justice Paresh Upadhyay cancelled Bhupendrasinh Chudasama's election in an order passed on a petition filed by Congress candidate Ashwin Rathod, challenging the BJP leader's victory from Dholka constituency by a margin of 327 votes in the 2017 Gujarat Assembly polls.

In his election petition, Ashwin Rathod alleged that Bhupendrasinh Chudasama indulged in "corrupt practice and breach of many of the mandatory instructions of the Election Commission, at various stages of the election process, more particularly at the time of counting of votes".

Bhupendrasinh Chudasama currently holds charge of the education, law and justice, legislative and parliamentary affairs, and some other departments in the Vijay Rupani government.

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News Network
February 14,2020

New Delhi/Washington, Feb 14: India has offered to partially open up its poultry and dairy markets in a bid for a limited trade deal during US President Donald Trump's first official visit to the country this month, people familiar with the protracted talks say.

India, the world's largest milk-producing nation, has traditionally restricted dairy imports to protect the livelihoods of 80 million rural households involved in the industry.

But Prime Minister Narendra Modi is trying to pull all the stops for the US President's February 24-25 visit, aimed at rebuilding bonds between the world's largest democracies.

In 2019, President Trump suspended India's special trade designation that dated back to 1970s, after PM Modi put price caps on medical devices, such as cardiac stents and knee implants, and introduced new data localization requirements and e-commerce restrictions.

President Trump's trip to India has raised hopes that he would restore some of the country's US trade preferences, in exchange for tariff reductions and other concessions.

The United States is India's second-largest trade partner after China, and bilateral goods and services trade climbed to a record $142.6 billion in 2018. The United States had a $23.2 billion goods trade deficit in 2019 with India, its 9th largest trading partner in goods.

India has offered to allow imports of US chicken legs, turkey and produce such as blueberries and cherries, government sources said, and has offered to cut tariffs on chicken legs from 100 per cent to 25 per cent. US negotiators want that tariff cut to 10 per cent. The Modi government is also offering to allow some access to India's dairy market, but with a 5 per cent tariff and quotas, the sources said. But dairy imports would need a certificate they are not derived from animals that have consumed feeds that include internal organs, blood meal or tissues of ruminants.

New Delhi has also offered to lower its 50 per cent tariffs on very large motorcycles made by Harley-Davidson, a tax that was a particular irritant for President Trump, who has labelled India the "tariff king." The change would be largely symbolic because few such motorcycles are sold in India.

President Trump will be feted in PM Modi's home state of Gujarat, then hold talks in New Delhi and attend a reception that the hosts have promised will be bigger than the one organised for former president Barack Obama in 2015.

But it is far from clear whether India's offers will be enough to satisfy US Trade Representative Robert Lighthizer, who cancelled plans for a trip to India this week. Instead, he has held telephone talks with Commerce Minister Piyush Goyal.

The US dairy industry remained sceptical on Thursday that a viable deal is at hand.

"We're always looking for market access, but in terms of India, as of today I'm not aware of any real progress going on," said Michael Dykes, president of the International Dairy Foods Association and a member of USTR's agricultural trade policy advisory committee.

Mr Dykes said the US dairy industry was looking for access in viable commercial quantities.

A USTR spokesman and India's trade ministry did not respond to requests for comment.

A parliament panel is reviewing a draft data privacy law that imposes stringent controls over cross-border data flows and gives the government powers to seek user data from companies.

It is not clear whether it will be passed, or in what form, but the possibilities have unnerved US companies and could raise compliance requirements for Google, Amazon.com Inc, and Facebook.

The draft law is not part of the trade discussions, Indian officials say, because the issue is too difficult to resolve at the same time.

"The privacy and localization piece will be raised independently and in concert with the trade discussions," said a Washington-based source with knowledge of the US administration's thinking.

President Trump on Tuesday was non-committal about sealing a trade deal before his visit. "If we can make the right deal, we'll do it," he told reporters.

Two US sources said progress had been made on proposed alterations to the medical device price caps. India's new import tariffs on medical devices, walnuts, toys, electronics and other products on February 1 surprised US negotiators, however.

The new tariffs were aimed at China, which also makes medical devices, according to an Indian government source. "We have to protect our market and our companies," the source said.

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Agencies
February 25,2020

New Delhi, Feb 25: Condemning the violence in Delhi, the Congress on Tuesday demanded that the Prime Minister, the Home Minister and the Chief Minister of Delhi come forward to ensure peace and maintain brotherhood while rising above partisan politics.

"This is Gandhi, Nehru, Patel's India, can any Indian accept this mindless violence? Congress appeals to the people of Delhi to maintain communal harmony and thwart all attempts of the forces dividing the country on the basis of religion," Congress' chief spokesperson Randeep Surjewala told reporters.

Unabated violence and incidents of stone-pelting and murder in the national capital have shattered the nation, he said, while referring to the riots in northeast Delhi over the Citizenship (Amendment) Act that continued for the third day, and demanded stern action against the culprits.

"Our appeal to the prime minister, the home minister and the Delhi chief minister is, can you rise to the occasion, leave aside your political partisanship and views, and become really not leaders of your parties but leaders of the society so that harmony, peace, and non-violence prevail," he said.

The Congress party will stand with the Centre and the Delhi government in every way to maintain brotherhood and harmony in the society, he said.

"Do not fail this country because you belong to different political parties," Surjewala said, adding this was a sincere appeal "on behalf of people of Delhi and the country" to Prime Minister Narendra Modi, Home Minister Amit Shah and Chief Minister Arvind Kejriwal.

"There is no place for violence in Gandhi ji's India... Today there is a need to establish peace on the ground and maintain brotherhood," he said.

Surjewala said the party also prays for the speedy recovery of DCP Amit Sharma and the hundreds of other people who have been injured in the violence.

"We also condemn the firing at three journalists Arvind Gunasekar, Saurabh Shukla and Akash and pray for their good health," he said.

"We strongly condemn these brutal riots and demand that the culprits are identified and stern action is taken against the real culprits and miscreants. The Congress mourns the death of Head Constable Ratan Lal and others in the violence," Surjewala said.

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