Prime Minister Narendra Modi will address BJP’s booth-level workers from North Goa parliamentary constituency through video conference on January 27, a senior party leader said on Wednesday.
The booth-level workers will assemble in Panaji where they would be able to interact with Modi through a screen, BJP’s Goa unit Chief Vinay Tendulkar told reporters here.
This would be the prime minister’s second interaction with the BJP workers from Goa. On January 20, Modi had addressed the party workers from South Goa constituency, and Kolhapur, Hatkanangle, Madha and Satara parliamentary seats in Maharashtra through video conference.
Tendulkar said that the Union minister Nitin Gadkari would also inaugurate the third bridge across the Mandovi river in Panaji, connecting the capital city to North Goa district, on January 27.
A marriage of a Hindu woman with a Muslim man is not a ‘regular or valid’ but the child born out of such wedlock is legitimate, the Supreme Court on Tuesday held. It also said that the legal effect of such an irregular marriage is that a wife is entitled to get dower but cannot inherit the husband’s property.
The court held that the child born in an irregular marriage is legitimate just like in the case of a valid marriage and is entitled to inherit the property of the father. A bench of justices N V Ramana and M M Shantanagoudar upheld the order of the Kerala High Court by which it was ruled that the son of a couple – Mohammed Ilias and Valliamma (who was Hindu at the time of marriage) – was legitimate and was entitled for share in his father’s property according to law.
“We conclude that the marriage of a Muslim man with an idolater or fire worshipper is neither a valid nor a void marriage, but is merely an irregular marriage. Any child born out of such wedlock is entitled to claim a share in his father’s property,” the bench said.
The top court while dismissing the appeal against the high court order said that since Hindus are idol worshippers, which include worship of physical images or statues through offering of flowers and adornment, it is clear that the marriage of a Hindu woman with a Muslim man is merely an irregular one.
It was hearing a property dispute matter in which Shamsuddin, son of Ilias and Valliamma, claimed share in the ancestral property through inheritance after the death of his father.
It said “the legal effect of an irregular marriage is that in case of consummation, though the wife is entitled to get dower, she is not entitled to inherit the properties of the husband. But the child born in that marriage is legitimate just like in the case of a valid marriage, and is entitled to inherit the property of the father.”
The court said that on other hand the effect of a void marriage is that it does not create any civil right or obligations between the parties and the children born out of such wedlock are illegitimate. The bench said that under Muslim law, a marriage is not a sacrament but a civil contract and there are three types of marriage – valid, irregular and void.
The court said that high court relied on principles of Islamic law to conclude that such rules do not treat the marriage of a Muslim with a Hindu woman as void, and confers legitimacy upon children born out of such wedlock. Referring to this law, the bench said that a marriage which is not valid may be either void or invalid.
“A void marriage is one which is unlawful in itself, the prohibition against such a marriage being perpetual and absolute. An invalid marriage is described as one which is not unlawful in itself, but unlawful for something else…(like absence of witnesses),” the bench said.
Shamsuddin’s claim over property was opposed by his cousins who alleged that his mother was not the legally wedded wife of Ilias and she was a Hindu by religion at the time of marriage. They claimed that she had not converted to Islam at the time of her marriage, and thus Shamshuddin being the son of Valliamma, is not entitled to any share in Ilias’s property.
The top court said that it was not disputed that Valliamma was the wife of Ilias and contrary to the claims, birth register records maintained by statutory authorities indicate that Shamshuddin was their son.
“On the contrary, he is the legitimate son of Mohammed Ilias, and consequently is entitled to inherit the shares claimed in the estate of his father,” it said.
It said that it was also not denied that Ilias and Valliamma were living together as husband and wife at Thiruvananthapuram.
“Under these circumstances, in our considered opinion, the trial court and the high court were justified in concluding, based on the preponderance of probabilities, that Valliamma was the legally wedded wife of Mohammed Ilias, and the plaintiff (Shamshuddin) was the child born out of the said wedlock,” it held.
The bench also upheld the finding of the high court that though Shamshuddin was born out of a ‘fasid’ (irregular) marriage, he cannot be termed as an illegitimate son of Ilias.
Ban luxurious medical treatment to higher authorities at public cost
Persons seated in high posts enjoy luxurious medical treatments in private hospitals in India and abroad. When the system cannot provide such luxury to normal citizens at public cost, persons seated on high posts in the legislature, judiciary or bureaucracy must not also have any such entitlement. This privilege is available only to such a privileged class. However, they should be given priority treatment in private wards of government hospitals. A beginning can be made by banning medical treatment in foreign countries at public cost. Another option can be to provide Mediclaim policies for families to entitled ones with premium paid by concerned governments and public authorities.
Medical reimbursement at the public cost must be compulsorily put on respective public authorities. There may be legislation in this regard because the Supreme Court turned down CIC verdict allowing disclosure of amounts of annual medical reimbursements claimed by individual judges of the Supreme Court. Some MLAs have claimed medical reimbursements in tunes of crores of rupees each.
Subhash Chandra Agrawal
Beg to differ with Sunil Gavaskar!
Beg to differ with Little Master Sunil Gavaskar when he says that Pandya-Rahul episode has taken the sheen off India’s unprecedented Test series win in Australia. The episode involving Pandya and KL Rahul of unsavoury remarks on a TV show has been blown out of proportion. Both got the punishment they deserved as they have been suspended from playing till pending enquiry which anyways one thought was harsh. Both are young cricketers who bragged on an ‘Idiotic’ show of an action they may never have committed.
Our Test series win in Australia was history in the making which cannot be changed and Kohli’s Team is proud of that win notwithstanding the current controversy. The cricket Board sent a strong message by suspending erring cricketers (that too what they did in their personal lives) and the matter should end there. Hope better sense prevails and both Pandya and Rahul are reinstated in the team after an apology from them!
S.N.Kabra
Karnataka drama once again!
It refers to unholy political drama once again erupted in Karnataka where again huge money is being spent on saving or uprooting state government by taking MLAs in hiding in costly resorts far away from the state. Evidently, such heavy spent of money for political games is to be recovered indirectly from the public through bribes and corruption involving those seated at high posts of the legislature. There must be a mechanism to permanently end such nuisance.
Chief Ministers should be elected by secret and compulsory votes of all MLAs through EVMs on nominations filed by at least 34 per cent MLAs. Members not participating in such election may lose voting right in state assembly though retaining membership. Any such elected Chief Minister may only be removed by the same process but with the compulsion of naming an alternate leader in the same motion. It will be simply a modified version of Supreme Court verdict in the matter UP government (Kalyan Singh) vs Jagdamba Pal where Chief Minister was elected through a secret vote of MLAs for the only time in the history of India.
Such an elected Chief Minister will be compelled to have cordial relations with opposition in running the House proceedings, and also tackling factionalism in ruling parties apart from ensuring full terms and stable governments.
Madhu Agrawal
Staggered working hours
Mumbai peak hour rush and traffic congestion all make Mumbai most life most miserable in all respect. It is high time to stagger the working hours so that we can see some free movement during busy hours. In the past when the population was not much, we followed a staggering time for offices in focal points like Fort area and that was a success. Why don’t we follow the same system in the public interest and make sure the commuters get some reprieve? Morning hour train rush and getting other transport after getting down all become chaotic if all the offices function at the same time. A better council should prevail in bringing about a change in the event of a bus strike or disruption of the local train due to some rail fracture, overhead wire disruption. It is a good thought to stagger the timings.
Jayanthi Anandambal Maniam
(The views expressed by the author in the article are his/her own.)
A Pakistani has temporarily halted the hearing of the 2008 Mumbai attack case to let the prosecutor produce more witnesses.
Ten Lashkar-e-Taiba (LeT) terrorists had sailed into Mumbai from Karachi and carried out coordinated attacks, killing 166 people and injuring over 300 in November 2008.
The trial, underway in an anti-terrorism court in Pakistan against seven activists, has made little headway in more than 10 years as the Pakistani establishment has been claiming lack of enough evidence against them.
A divisional bench of Islamabad High Court, comprising Justice Aamer Farooq and Justice Mohsin Akhter Kiyani, on Tuesday conducted hearing on a petition by the Federal Investigation Agency (FIA) seeking stay on anti-terrorism court proceedings.
The Express Tribune reported that the court initially granted one week stay in trial of the Mumbai attack case to let the prosecutor to summon some of the 19 witnesses for testimony.
During the hearing, FIA prosecutor Akram Qureshi appeared in the court.
Justice Kiyani remarked several witnesses were not appearing due to fear and the whereabouts of some others were unknown.
The FIA prosecutor told the bench that many witnesses had been traced out. Justice Kiyani inquired if those witnesses will appear in the court to which Qureshi said some of the witnesses have been traced and they are ready to appear before court.
Justice Amir Farooq inquired about the next date of hearing in the trial court. The FIA prosecutor replied the case is set for hearing on Wednesday (January 23) in the anti-terrorism court (ATC), while requesting for a stay on the hearing.
The court accepted the request and suspended proceedings of the ATC till the next week. The court directed the registrar to set the hearing of the case in the next week.
Seven LeT suspects — Zakiur Rehman Lakhvi, Abdul Wajid, Mazhar Iqbal, Hamad Amin Sadiq, Shahid Jamil Riaz, Jamil Ahmed and Younis Anjum — are facing charges of abetment to murder, attempted murder, planning and executing the Mumbai attack since 2009.
Except Lakhvi, the other six are kept in the high-security Adiala Jail in Rawalpindi.
Priyanka Gandhi Vadra was on Wednesday appointed AICC general secretary for Uttar Pradesh East by her brother and party chief Rahul Gandhi, the party said.
Jyotiraditya Scindia was appointed AICC general secretary for UP West, a party spokesperson said.
The party also replaced Ashok Gehlot as AICC general secretary Organisation with KC Venugopal.
Leader of Opposition in the Rajya Sabha Ghulam Nabi Azad was appointed AICC general secretary in charge of Haryana, the party said.
Priyanka Gandhi will take over as AICC general secretary for UP East in the first week of February, the party said.
The first edition of Vibrant Gujarat Summit was held in 2003 under the guidance of Prime Minister Narendra Modi who was the then Chief Minister of Gujarat, to give a spur to the investments in Gujarat. Since then, it has played the role of a catalyst leading to several other such summits annually in states across the country. His path of creating a Vibrant Gujarat as a shining example of Development and Governance did not come easy. It was a path littered with adversities and challenges. Through the last decade if there is one constant trait of Narendra Modi that has stood out it is his Strong Leadership in the face of grave adversity. Vibrant Gujarat has contributed to the confidence building of our enterprises. It has also helped in capacity building and adoption of global best practices, by government agencies. His approach to governance has always been viewed as being above politics. One thing is clear that he never let political differences get in the way of pursuing solutions to developmental challenges. Vibrant Gujarat has contributed greatly to the overall growth of the State. PM Modi, a master strategist enriched by national and international exposure and experience has decided to take the bull by its horns and is turning adversity into an opportunity. Modi wants Gujarat to become a “first world” State as his mission is just one: “Gujarat ki seva”. The efforts of Modi’s government have resulted in the metamorphosis of a revenue deficit state into a revenue surplus state. He believes in the fact that good infrastructure is the driver of economic development. He has rightly said that “Gujarat is an ideal investment destination.” One would find that Gujarat today is a leading industrialised state in the country and is not only an ideal investment destination in the world, but also a coveted place to live and do business. Modi’s political acumen and administrative skills could be extracted from the development projects he carried out in Gujarat. He supported privatisation and globalisation. He established financial and technology parks, started Vibrant Gujarat Summit to attract domestic and foreign investments, started multiple infrastructure projects, and boosted industrialisation to a colossal extent. With massive success at the state level, his performance was duly recognised by the BJP high command. With a past record of rapid urbanisation and development agenda to transform the nation, Narendra Modi fought the elections and received a thumping majority in the Lok Sabha. Gujarat is now the favourite choice for many business establishments beating many other contemporary states who are still coping with internal problems to support new establishments. He rightly said that “India is now ready for business. In the last four years, we have jumped 65 places of global ranking of ease of doing business. I have asked my team to work harder to ensure India is on the top 50 next years.” He also added, “We have also made Doing Business cheaper. India is now ready for business. In the last four years, we have jumped 65 places of global ranking of ease of doing business. I have asked my team to work harder to ensure India is on the top 50 next years. In the decade since, Modi has remade himself as a business-savvy, investor-friendly administrator, a charismatic leader who has presided over a booming economy and lured major foreign and Indian companies to invest in his sprawling coastal state, famed for its spirit of entrepreneurship and as the birthplace of Mahatma Gandhi. Modi is a polarising figure, evoking visceral reactions across the political spectrum.
(The views expressed by the author in the article are his/her own.)
A keen contest is on the cards for the Jind Assembly bypoll with all major political parties the ruling BJP, Opposition INLD, Congress and newly floated Jannayak Janta Party (JJP) slugging it out to ensure victory of their candidates. The high-stake election slated for January 28 is being viewed as a referendum on the Manohar Lal Khattar government and also a semi-final ahead of Lok Sabha elections. The bypoll, which was to be a direct contest between the BJP and the INLD, turned into a multi-cornered fight after the Congress and Jannayak Janta Party (JJP) fielded their candidates.
Congress fielded Jat leader and AICC communication in-charge Randeep Singh Surjewala, a sitting legislator from Kaithal and JJP, a breakaway party from the Chautala family-led Indian National Lok Dal, nominated political greenhorn Digvijay Singh Chautala. JJP came into being after a split in the INLD following a power struggle in Chautala family. The bypoll was necessitated following the death of INLD legislator Hari Chand Midha. The BJP is banking on Middh’a son Krishan Middha, a Punjabi, while INLD has nominated local Jat leader Umedh Singh Redhu, who is also backed by a faction of prominent Kandela Khap (caste council). While the Chautala-led INLD claimed that the Congress and JJP have fielded “imported” candidates, both Randeep and Digvijay are promising unparalleled development for the area, if elected.
The bypoll has brought together the Congress rank as party’s top leaders, including former chief minister Bhupinder Singh Hooda, state party chief Ashok Tanwar, late CM Bhajan Lal’s son Kuldeep Bishnoi, CLP leader Kiran Choudhary and party MP Kumari Selja have taken to the streets to ensure Surjewala’s victory. Surjewala’s campaign had got a shot in the arm after a heavy weight from the area and Independent MLA from Kalayat Jai Prakash and former minister Mange Ram Gupta lending support to him. Prakash, a Jat leader, had been seeking the Congress ticket for his son Vikas Saharan. Chief Minister Manohar Lal Khattar, cabinet ministers Rambilas Sharma, Capt Abhimanyu and Manish Grover have been campaigning for Middha.
Political pundits say that the dormant Jat community votes are likely to be divided among Surjewala, Redhu and Digvijay as all of them are Jats which can tilt the balance in favour of the BJP candidate.
The fledgling JJP got a boost with the AAP announcing support for its nominee. The cancellation of furlough of INLD supremo Om Prakash Chautala from Tihar Jail on the directive of the Delhi government led to a verbal duel between warring factions. Chautala hit back at his grandsons Dushyant and Digvijay, accusing them of “back-stabbing” him and “conspiring” with AAP to keep him out of the campaigning, a charge denied by the Hisar MP. Playing an emotional card, Chautala in an open letter to the electorate said that he was unwell and in hospital.
Despite being unwell, I wanted to come to you (seek votes). I gave an application of furlough to jail authorities which was approved from January 17 with riders that I will have to stay at Teja Khera farm house at Sirsa and should not participate in any political activities. It is an injustice. However, all limits were crossed when the furlough from January 21 was cancelled. This has happened due to a conspiracy by Dushyant, Digvijay and Delhi CM Arvind Kejriwal. I have been back-stabbed. I appeal to the electorate to vote for INLD candidate Umedh Singh to avenge the conspiracy hatched against me, Chautala has written in the letter.
Sneh Lata, wife of Chautala senior is being heard in a video saying thatIf I die tomorrow, these four persons (Ajay, his wife Naina and their sons Dushyant and Digvijay should not touch my body). However, hitting back, Naina asks, Have you ever heard someone cursing her sons and grandsons.
The electioneering has brought about sharp differences in the Chautala clan. While the BJP brokered peace with Kandela Khap (caste council) chief Tek Ram, a ticket aspirant, Leader of Opposition Abhay Singh Chautala apologised to villagers for the infamous firing incident in 2002 during the Chautala regime which led to death of farmers.
Middha is relying on all round development done during Khattar’s over four years regime. INLD’s Umedh and Congress’ Surjewala are banking upon anti-incumbency of ruling BJP alleging the saffron party “failed” to honour its poll promises. The candidate of Lok Suraksha Manch Vinod Kumar Arshi could also play spoilsport in a multi-cornered contest. However, Arshi, a Brahmin leader from Jind is a nominee put up by BJP’s rebel MP from Kurukshetra, Raj Kumar Saini who is Manch’s patron. Saini has an influence among voters from OBC communities.
An organisation claiming to work for Brahmin rights Tuesday held a dharna here demanding four per cent reservation for the community instead of inclusion in the Centre’s 10 per cent quota for economically backward sections in the general category.
The protest, in Azad Maidan in south Mumbai, by the Samasta Brahmin Samaj Maharashtra, an umbrella body of 24 groups, saw around 1500 people, including priests, from Nashik, Thane, Pune and other parts of the state.
A delegation which met Maharashtra Chief Minister Devendra Fadnavis later told reporters that the CM was positive on their demands except that of quota.
Vishwajeet Deshpande, an organisation functionary said, “All other demands except reservation for Brahmins were accepted by the government. However, reservation is our key demand for which we will continue our protest.”
He added that the 10 per cent quota announced by the Narendra Modi government is for 250 castes and religions.
“We want 4 per cent quota, which is half of the population percentage of Brahmins in Maharashtra. We will intensify our agitation if the government fails to give reservation before Lok Sabha code of conduct comes into force,” he said.
He added that their demands include creation of a separate financial board for the Brahmin community to help economically weaker sections, a separate ‘atrocity act’ to protect the community as well as student hostels in every district for the community.
The group also demanded free education from kindergarten to post graduation, completion of the Shivaji memorial and Bharat Ratna for freedom fighter Veer Savarkar.
Deshpande said the statues of Dadoji Konddev and playwright Ram Ganesh Gadkari should be re-installed.
These statues were removed from the Pune Municipal Corporation premises.
While addressing the BJP’s booth level workers from the Lok Sabha constituencies of Kolhapur, Hatkanagle, Madha, and Satara in Maharashtra and South Goa through video-conference on Saturday (January 19,2019), the Prime Minister claimed that his government’s decision to provide 10 per cent reservation to the economically weaker sections (EWS) in the general category was giving “sleepless nights” to the opposition and said that the government would ensure that no one faced injustice and that the quota for Scheduled Castes, Scheduled Tribes, and Other Backward Classes remain intact.
But despite the assurance given by the Prime Minister, the question still remains unanswered; whether the SC/ST/OBC (Already Reserved Categories-ARC) will be getting the same seat share as before?
The answer is a clear cut NO. How can the ARC’s get the same share, when their entry has been curtailed to 40 per cent on unreserved seats instead of previous 50 per cent under open category in addition to their own limited reserved sphere by setting aside the 10 per cent seats for newly created EWS category? Presently, the central jobs are 49.5 per cent reserved, segmenting 15 per cent for SC, 7.5 per cent for ST, 27 per cent for OBC and the remaining 50 per cent (in the round figure) kept for open candidates of all castes and religions, including the ARC’s. Before the implementation of the newly created EWS category, these ARC’s are also getting the chances of selection on 50 per cent open seats in addition to their reserved seats, but now after giving 10 per cent seats to EWS, their sphere of competition has been downsized to 40 per cent seats.
It can be understood by an example. Suppose there are 1,200 seats for IAS examination. Previously the ARC’s were getting the chance to compete for 600 (50 per cent) open seats also in addition to their reserved share, but now they will be debarred to compete for 120 seats (10 per cent reserved for EWS) leaving behind only 480 seats (40 per cent) under open merit category, because as per prevailing rules and court decisions a candidate of ARC, who gets higher merit catches open merit seat despite his reserved category and his claim on reserved seat vacates automatically giving chance to another low merit ARC candidate. This gives double benefit to the ARC candidates. However, now the seats under open merit will go down by 10 per cent; hence, a curtailment of chances to get 10 per cent extra seats for ARC’s due to this EWS reservation.
And the worst affected category by this snatching of the 10 per cent portion will be the lowest strata of the SC/ST/OBC candidates who belong to the underprivileged families and are the really entitled for the reservation ladder. Due to their social, economic, and educational backwardness, some of the ARC candidates could neither get a city-based good education, coaching facility and nor afford costly study material for upper-level competitive examinations in comparison to their well to do category fraternity.Now, after cutting down the 10 per cent seats under open merit category for EWS, the well to do category candidates of these ARC’s, who previously got the place in open merit seats due to their higher merit in this 10 per cent slab, will now turn down towards their reserved category seats and will shunt out the lower strata ARC’s having the lower merit. So, the lowest strata ARC’s will be the worst losers.
How the ARC’s get the extra benefit of own merit out of their category?
In Indra Sawhney v. Union of India (1992) popularly known as the Mandal case, the Constitution Bench of the Supreme Court had held:
“[It] is well to remember that the reservations under Article 16(4) do not operate like a communal reservation. It may well happen that some members belonging to, say, Scheduled Castes get selected in the open competition field on the basis of their own merit; they will not be counted against the quota reserved for Scheduled Castes; they will be treated as open competition candidates.”
The government of India, Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training Establishment (Reservation-I) Section through its letter F.No.43011/4/2018-Estt.(Res.) Dated April 4, 2018, had also supported the gist of Indra Sawhney. The Hon’ble Supreme Court in its judgment in the case of R.K.Sabharwal vs. State of Punjab, had, inter-alia, observed that “the reserve category candidates can compete for the non-reserve posts and in the event of their appointment to the said posts their number cannot be added and taken into consideration for working out the percentage of reservation.” (Letter attached).
Now, in the end, the question again arises that how the central as well state governments will compensate the ARC’s loss of job chances after snatching a 10 per cent slab of their scope of getting jobs under open merit scheme? How the Prime Minister will ensure that no one faced injustice and that the quota for Scheduled Castes, Scheduled Tribes, and Other Backward Classes remain intact? The government should immediately make open its plan to satisfy the resentment of ARC’s. Here it is also very astonishing that no other party also raised this issue while supporting the government bill in parliament as well as outside the house. Were they so terrified to lose the upper caste votes that they forgot all the consequences of the bill?
-Jag Mohan Thaken
(Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of AFTERNOON VOICE and AFTERNOON VOICE does not assume any responsibility or liability for the same.)
Six persons, including a woman, were arrested for allegedly killing her husband in Jharkhand’s Palamau district, police said on Wednesday.
The woman’s husband, Amresh Oraon, a resident of Maknapur village under the jurisdiction of Manatu police station, had been missing from January 14. Oraon’s body was recovered by the police from the banks of Amanat river on the basis of a lead provided by his friend Raju Baitha, the Superintendent of Police (SP) of Palamau, Indrajeet Mahatha, said.
Maknapur village is located near the river. The police had arrested Baitha on Monday after questioning him while investigating Oraon’s missing case, the police officer said.
Oraon’s family members had filed a missing diary with the police after Oraon went missing on January 14. On Tuesday, the police arrested five more persons, including Oraon’s wife Rajo Devi, for their involvement in Oraons murder, he said.
The accused persons had assured Oraon that they would help him meet his father, Sudesh Oraon, who was missing for last two months. Oraon had left home to meet his father but never returned. However, Rajo Devi, during interrogation, told the police that she hatched the conspiracy to kill Oraon since he used to torture her regularly, the police officer said, adding, she took Baitha’s help to kill her husband.
Four others arrested in connection with Oraon’s killing have been identified as Arman Khan, Junaid Khan, Naushad Khan and Gautam Mahato, he added.