Monthly Archives: JANUARY 2018
Jind rape: Haryana top cop says 'rape is part of society'
In a shocking statement, a Haryana top cop on Wednesday claimed that rape was a part of society and police's role was limited to nabbing criminals.
"It's part of society. Such incidents have been taking place since forever. Role of police is to probe, nab criminal and prove things," RC Mishra, ADGP Ambala Range told media when asked about a recent rape incident with a teenager.
Mishra added that the police was leaving no stone unturned to catch the culprits in the rape case. "We must work to stop such incidents from recurring," he added.
His statement has come at a time when the state is reeling under series of crimes against women and the opposition is currently asking for CM Khattar to resign.
"We are investigating and scanning all CCTV cameras in the area. All people related to the case are being interrogated. After we receive FSL report, we can make a further comment," said RC Mishra, ADGP Ambala Range about the rape and murder case of 15-year-old Dalit girl from a village in Kurukshetra district.
Speaking in defense of the ADGP, Bharatiya Janata Party (BJP) spokesperson for Haryana Jawahar Yadav told CNN News 18 that that words of the ADGP have been misinterpreted. The BJP government is constantly working towards curbing crimes against women, he added
The girl's mutilated body was found on Saturday, around 100 km away in Jind, with the liver and lungs ruptured, 19 severe wounds and signs that an object had been inserted into her.
A 19-year-old Class 12 boy who knew her and was the last to be seen with her was found dead, naked and mutilated, yesterday. The police had been hunting for him since the girl's family reported her missing and named him a suspect.
An 11-year-old girl was also gang-raped and killed in Panipat last week. The police said she was raped, then strangled, and raped again after she was dead.
On Sunday evening, a 22-year-old was allegedly dragged into an SUV and gang-raped for hours in Faridabad.
In lieu of the recent rapes that have taken place, former chief minister BS Hooda met the governor to complain about the failing state of law and order under the BJP government led by Manohar Lal Khattar. The Congress has demanded the dismissal of the state government, reported The Statesman.
The rapes have jolted a state that prides itself on a "Beti Bachao, Beti Padao (save daughters, educate them)" campaign that it says has helped improve its sex ratio to its best ever level.
Chief Minister Manohar Lal Khattar described the incidents as "unfortunate" and said: "We'll take strict action and tie up all the loose ends. We have made changes in the police administration and transferred a few officers."
Jallikattu: 19-year-old gored to death by bull, 28 Injured
Jallikattu, a bull-taming sport played during Pongal festival in Tamil Nadu, turned fatal when a 19-year-old man bled to death during the game in Madurai on Monday.
Despite foolproof arrangements, some spectators came in the way of a running bull near the collection point, nearly half a kilometre from the playing area, and were injured. According to police, more than 28 people were injured including six who suffered injuries and remain being treated at the hospital.
The deceased, S Kalimuthu, was a participant in the first round of the event and was attacked by a bull at the collection point few minutes before the event concluded. "Kalimuthu was out after his turn in the event and he was playing with the bull outside the arena in an open space when the bull attacked him," Madurai collector Veera Raghava Rao said.
The district administration had overlooked the arrangements and the event closely through the day and had deployed a dozen of medical and veterinary teams with ambulances at the venue. The ring and corridors through which the bulls ran out were barricaded to keep the non participants at a distance and ensure public safety. Kalimuthu, who was injured when the bull's horns pierced through him was taken to a nearby hospital but was declared brought dead.
The incident raises questions on public safety during the sport despite a double barricade separating the arena from the gallery. Around 1,200 bulls were used and an equal number of policemen were posted to guard against any accident. On Sunday, around 79 people, including spectators, were injured in this year's first Jallikattu at Avaniyapuram, also in Madurai.
Jallikattu is a sport that involves taming a bull. The bull is released into a crowd of people and the participants try to hold on to its hump or horns. The event is celebrated on Mattu Pongal, which is the third day of the popular harvest festival.
The tradition derives its name from the Tamil words "salli" which means coins and "kattu" which means package. This refers to the prize of coins that is tied to the horns of the bulls, which participants try to retrieve.
If the taming attempt is unsuccessful, the bull's owner takes home the prize.
The Supreme Court had banned Jallikattu in 2014 after animal rights activists said it constitutes extreme animal cruelty. After massive protests, Tamil Nadu enacted a law last year to bypass the apex court's ruling.
Army chief should do what he's supposed to do, not give us sermons on education: J&K govt
Jammu and Kashmir Education Minister Altaf Bukhari on Saturday hit back at Army Chief General Bipin Rawat for hinting that students in the Kashmir Valley were being ''radicalised'' in the schools, saying the ‘well-decorated officer’ should not give sermons on issues that are not his domain.
The state government’s retort was in response to Rawat’s statement that schools in the state were teaching two maps — India’s and Jammu and Kashmir’s — to the students, which he said was radicalising youth.
Attacking Rawat, Bukhari said the Army should concentrate on its own job and not meddle with the state's education system.
Bukhari said that he does not think any society will accept sermons on education from non academicians. "I would welcome sermons from academicians on how to run the education system. Education is subject on State list and this is not on concurrent list and falls well within the domain of the State,” the Minister for Education said.
He added: "We know how to run our education system. The constitution of India has given different roles to different people. I would be glad if they (Army) do what they are supposed to do and leave us to do what we are supposed to do.”
He said that J&K has a capable chief minister here who is there to supervise and take review of different departments. "If she finds any reasons for improvement she can pinpoint and order for corrective measures as well.”
Advising the Army Chief to exercise restrain while commenting on issues other than the security related matters, Bukhari said: "I think those sermonizing us should do their duties in a more professional manner so as to ease the sufferings of a common man in Jammu and Kashmir.”
He said the army has its job they should focus on it. He said if they do their work well a lot of this problem of separatism would be addressed”
Army chief had said each classroom in government schools in J&K has a separate map of the state besides that of India which sowed the seeds of thought of some kind of "separate identity" among the children.
While defending two flags in classrooms, J&K Education minister said the State has two flags and map because it has its own constitution due to Article 370, grants special status to the State. "Every school in a state has a state map because you explain it to the students”.
Maintaining that State’s education system is fine, Bukhari said, "There is no shortcomings in J&K’s education system and it was not producing extremists. Our children are not going towards radicalisation”.
"I think army chief did not mean it. India is a democratic country and army does not have control on anything and army chief fully knows it,” he said.
Rawat’s statement was criticised on social media with many pointing out that students in all schools in the country are taught about the two maps, the country’s and the state’s.
Addressing the media on the eve of Army Day on Friday, Bipin Rawat had linked the two-flag issue with militancy.
"...Why do we need a separate map for J&K? What does it teach the children? Most misguided youth come from schools where they are being radicalised,” he had said.
The army chief had also said that some control has to be exercised over madrassas and mosques that "spread misinformation”.
Bukhari said there was no harm in getting education from madrassas. "Education has its own domains. Madrassas also give education. There is no harm. Education is education. People go to China to learn,” the minister said.
Why is India's Supreme Court the most powerful apex court of any country in the world?
INDIA’S SUPREME COURT is the most powerful Supreme Court in the world. Yes, of course, the US is the most powerful country in the world and it also has a Supreme Court. But remember, the US Supreme Court has nine judges, and all these 9 judges always have to sit together. Any decision is taken by all nine judges together. Of course, it could be a majority decision.
That's why there is such a fierce conflict between liberals and conservatives when it comes to appointing a judge to the US Supreme Court! And they are there for a life time. Or till they fancy to opt out.
By contrast, the decisions of the Supreme Court of India are often the decisions of just 2 judges, sometimes 3 judges, infrequently 5 judges. Of course, you have benches of seven, or nine or even more judges, but that is either rare, or exceptional.
Two judges can decide the fate of any person, any organisation, any idea, any cause, any institution.
Who those two, or three, or five, or more, will be can affect how that fate will be decided.
Much of the burden of the letter that the four senior most judges of the Supreme Court wrote to the Chief Justice of India two months earlier, and made public on Friday, actually has to do with this aspect.
Here is the complete text of the letter that the four judges — Justices Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph — wrote to Chief Justice Dipak Misra:
Dear Chief Justice,
It is with great anguish and concern that we have thought it proper to address this letter to you so as to highlight certain judicial orders passed by this court which has adversely affected the overall functioning of the justice delivery system and the independence of the High Courts besides impacting the administrative functioning of the office of the Honourable Chief Justice of India.
From the date of establishment of three chartered High Courts of Calcutta, Bombay and Madras, certain traditions and conventions in the judicial administration have been well established. The traditions were embraced by this court which came into existence almost a century after the above mentioned chartered High Courts. These traditions have their roots in the anglo-saxion jurisprudence and practice.
Once of the well settled principles is that the Chief Justice is the master of the roster with a privilege to determine the roster, necessity in multi-numbered courts for an orderly transactions of business and appropriate arrangements with respect to matter with which member/Bench of this court (as the case may be) is required to deal with which case or class of cases is to be made. The convention of recognising the privilege of the Chief Justice to form the roster and assign cases to different members/benches of the court is a convention devised for a disciplined and efficient transaction of business of the court but no a recognition of any superior authority, legal or factual of the Chief Justice over his colleagues. It is too well settled in the jurisprudence of this country that the Chief Justice is only the first amongst the equals — nothing more or nothing less. In the matter of the determination of the roster there are well settled and time honoured conventions guiding the Chief Justice, be the conventions dealing with the strength of the Bench which is required to deal with a particular case or the composition thereof.
A necessary corollary to the above-mentioned principle is the member of any multi-numbered judicial body including this court would not arrogate to themselves the authority to deal with and pronounce upon matter which ought to be heard by appropriate benches, both composition wise and strength wise with due regard to the roster fixed.
Any departure from the above two rules would not only lead to unpleasant and undesirable consequences of creating doubt in the body politic about the integrity of the institution. Not to talk about the chaos that would result from such departure.
We are sorry to say that off late the twin rules mentioned above have not been strictly adhered to. There have been instances where case has far-reaching consequences for the nation and the institution had been assigned by the Chief Justice of this court selectively to the benches ‘of their presence’ with any rationable basis for such assignment. This must be quarded against at all costs.
We are not mentioning details only to avoid embarrassing the institution but note that such departures have already damaged the image of this institution of some extent.
In the above context, we deem it proper to address you presently with regard the order dated 27th October, 2017, in R B Luthra vs. Union of India to the effect that there should be no further delay in finalising the Memorandum of Procedure in the larger public interest. When the Memorandum of Procedure was a subject matter of a decision of a Constitution Bench of this court in Supreme Court Advocates-on-Record Association and Anr. vs Union of India, [(2016) 5 SCC 1] it is difficult to understand as to how any other bench could have dealt with the matter.
The above apart, subsequent to the decision of the Constitution Bench, detailed discussions were held by collegium of five judges (including yourself) and the Memorandum of Procedure was finalised and sent by then Honourable Chief Justice of India to the Government of India in March 2017. The Government of India has not responded to the communication and in view of this silence, it must be taken that the Memorandum of Procedure as finalised by the collegium has been accepted by the Government of India on the basis of the order of this court in Supreme Court Advocates-on-Record Association (Supra). There was, therefore, no occasion for the bench to make any observation with regard to the finalisation of the Memorandum of Procedure or that issue cannot linger on for an indefinite period.
On 4th July,. 2017, a bench of seven judges of this court decided In Re Honourable Shri Justice C S Karnan [(2017) 1 SCC 1]. In that decision (referred to in R P Luthra) two of us observed that there is a need to revisit the process of appointment of judges and to set up a mechanism for corrective measures other than impeachment. No observation was made by any of the seven learned judges with regard to the Memorandum of Procedure.
Any issue with regard to the Memorandum of Procedure should be discussed in the Chief Justices’ conference and by the Full Court. Such a matter of great importance, if at all required to be taken on the judicial side, should be dealt with by none other than a Constitution Bench.
The above development must be viewed with serious concern. The Honourable Chief Justice of India is duty bound to rectify the situation and take appropriate remedial measures after a full discussion with the other members of the collegium and at a later stage, if required, with other Honourable Judges of this court.
Once the issue arising from the order dates 27th October, 2017, in R P Luthra vs Union of India, mentioned above, is adequately addressed by you and if it becomes so necessary, we will apprise you specifically of the other judicial orders passed by this court which would require to be similarly dealt with.
With kind regards,
Madan B Lokur
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TO KEEP ACTUAL NUMBER SAFE FROM PRYING EYES
Amid Privacy concerns, UIDAI announces virtual Aadhaar ID
Amid outcry over reported Aadhaar data breach, the Unique Identification Authority of India (UIDAI) has come up with a 2-layer safety net to limit the use of the 12-digit code.
The UIDAI today said that it will create a Virtual ID and limit the Know Your Customer (KYC) for data safety.
The Virtual ID, which would be a random 16-digit number, together with biometrics of the user would give any authorised agency like a mobile company, limited details like name, address and photograph, which are enough for any verification. The Virtual ID will end the need to share user's Aadhaar number at the time of authentication. This Virtual ID will it impossible for anyone to locate the Aadhaar.
Officials said a user can generate as many Virtual IDs as he or she wants. The older ID gets automatically cancelled once a fresh one is generated.
The virtual ID, to be offered from March 1, should address the privacy concerns of those wary of sharing a number linked to all personal know-your-customer or KYC details as well as iris scans and fingerprints.
From June 1, 2018 it will be compulsory for all agencies that undertake authentication to accept the Virtual ID from their users. Agencies that do not migrate to the new system to offer this additional option to their users by the stipulated deadline will face financial disincentives.
”Aadhaar number holder can use Virtual ID in lieu of Aadhaar number whenever authentication or KYC services are performed. Authentication may be performed using the Virtual ID in a manner similar to using Aadhaar number,” a UIDAI circular said.
As many as 119 crore biometric identifiers have been issued so far and income tax department, banks, mobile-telephony companies, government-owned companies and departments providing subsidised items now require users and beneficiaries to link their Aadhaar number with PAN or permanent account number, bank accounts and ration cards.
The move comes a day after an RBI-backed report found that the benefits of the country’s biometrics-based identity system are unclear.
The announcement of the virtual Aadhaar ID comes days after newspaper Tribune exposed how insecure was the Aadhaar authentication system and how it was leaking information of over a billion Aadhaar holders, including their Aadhaar number and demographic details. However, in the wake of the news UIDAI claimed that Aadhaar was completely secure and that leaking of demographic details didn't matter.