Category Archives: National

International, National, Politics, Regional

Nepal PM Prachanda wins vote of confidence in Parliament; fourth time in 18 months

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PTI, Kathmandu, May 20 2024 : Nepal Prime Minister Pushpa Kamal Dahal Prachanda’ on Monday won a vote of confidence in Parliament, allowing him to lead a coalition government in the Himalayan nation while attempting to maintain political stability amidst frequent power struggles.

Prachanda, 69, a former guerilla leader from the Communist Party of Nepal (Maoist Centre) — the third largest party in the House of Representatives (HoR) — received 157 votes in the 275-member House of Representatives.
The government required at least 138 votes to win the vote of trust.
In total, 158 lawmakers took part in the voting. The main Opposition Nepali Congress boycotted the voting process and chanted slogans against Deputy Prime Minister and Home Minister Rabi Lamichhane, accused of misappropriating cooperative funds, leading to the delay in the session. One HoR member remained neutral. Speaker Dev Raj Ghimire announced that Prachanda had won the floor test as he got a majority in Parliament.
This was the fourth time that Prachanda sought a vote of confidence in the House since he assumed prime ministership in December 2022.
The vote comes days after one of the coalition partners, Janata Samajbadi Party (JSP), withdrew its support last week for his government while quitting the coalition government.
Earlier, the voting had to be delayed due to obstructions caused by the Nepali Congress, which has been demanding the formation of a Parliamentary probe committee to investigate Lamichhane’s alleged involvement in the scam.
According to constitutional provisions, a prime minister has to take a vote of confidence after an ally withdraws support to the ruling coalition.
Earlier on March 13, Prime Minister Dahal won his third consecutive vote of confidence, days after he dumped the Nepali Congress and forged a new alliance with the Communist Party of Nepal (Unified Marxist-Leninist).
Last year, Prachanda faced a floor test after former prime minister KP Sharma Oli-led CPN-UML withdrew its support to the Prachanda-led government following a rift over backing the main opposition party’s candidate for the presidential poll.
Prachanda is serving a third time as prime minister, although he did not complete the full five-year term during previous stints.
In the past few decades, three big parties the Nepali Congress, the CPN-UML, and the Maoist Centre have ruled the country turn by turn, forever changing coalitions and partners at their convenience.
Nepal has had 13 governments since it abolished its 239-year-old monarchy in 2008 and became a republic.
National, Politics

Violence mars fifth phase of polls in Bengal, 73% voter turnout till 5 pm

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 The voters’ turnout in Bangaon was 75.73 per cent till 5 pm on Monday, much lesser than 82.63% in 2019 and 84.14 in 2021

People wait in queues at a polling station to cast their votes for Karnataka Assembly elections

PTI, Kolkata, May 21 2024 : Scattered incidents of violence marred the fifth phase of Lok Sabha polls to seven parliamentary constituencies in West Bengal, with 73 per cent of the 12.5 million voters exercising their franchise till 5 pm on Monday, officials said.

Voter turnout was lesser than the previous four phases, and also in comparison to the 2019 Lok Sabha polls. The final voter turnout for this election, however, will be released later.

“Polling was more or less peaceful, barring a few scattered incidents of violence in some constituencies. But we took immediate steps to address those,” state Chief Electoral Officer (CEO) Ariz Aftab told PTI.

Although no major incident was reported, scattered disturbances could not be averted despite the poll body deploying over 60,000 personnel of central forces, in addition to around 30,000 policemen, the highest number of security forces deployed in any of the phases so far in the state, the official said, adding a total of 1,992 complaints were received.

Arambagh Lok Sabha constituency registered the highest turnout of 76.90 per cent till 5 pm, which was lesser than 82.57 per cent recorded in 2019 and 85.10 per cent in the 2021 assembly polls.

The voters’ turnout in Bangaon was 75.73 per cent till 5 pm on Monday, much lesser than 82.63 per cent in 2019 and 84.14 in 2021, he said.

Uluberia recorded 74.50 per cent turnout, lesser than 81.16 per cent in 2019 and 83.87 per cent in the 2021 polls. The voter turnout was 74.17 per cent for Hooghly, lesser than 82.47 per cent in 2019 and 83.12 in 2021..

Serampore registered a voter turnout of 71.18 per cent. The figure was 78.48 per cent in 2019 and 79.35 per cent in 2021.

Barrackpore, which recorded 68.84 per cent turnout, had registered 76.92 per cent voting in 2019 and 76.24 per cent in 2021, the official said.

Howrah recorded 68.84 per cent, down from 74.78 per cent in 2019 and 75.59 in 2021.

Polling began at 7 am and continued till 6 pm.

In Hooghly constituency, BJP’s sitting MP and party candidate Locket Chatterjee faced protests from TMC activists led by TMC MLA Ashima Patra.

As Chatterjee was on her way to a booth, TMC activists staged protests and raised “chor chor (thief thief) slogans, following which, the BJP MP got down from her car and shouted counter slogans.

A huge contingent of police and central forces rushed to the spot and prevented the situation from escalating.

In Barrackpore, BJP candidate and MP Arjun Singh faced protests outside a booth. TMC activists showed black flags and raised slogans against him.

As Singh protested against the slogans, clashes ensued between the TMC and BJP supporters. The central police personnel accompanying Singh and present outside the booth resorted to baton charge to disperse the mob.

BJP leader Kaustav Bagchi also faced protests while on his way to Titagarh as his car was pelted with stones. One person was arrested in connection with the incident.

Sporadic incidents of violence were reported from various parts of Howrah constituency.

A fake voter was nabbed in Bally and a polling agent arrested was arrested in Ghushuri.

A president officer was also removed for allegedly molesting a female polling agent, the official said.

On an incident of a central force personnel allegedly molesting a local woman in Uluberia, he said that the entire group of security forces deployed at the polling station was shifted from there to another constituency.

A total of 12.5 million voters, including 6.172 million women and 348 transgender persons, were eligible to exercise their franchise in 13,481 polling stations.

The commission had designated over 57 per cent of the polling stations as sensitive.

Altogether 88 candidates were in the fray in the fifth phase, with the highest number of 15 contestants in Bongaon.

National, Sikkim

Sikkim government constitutes high-level committee to scan through tourism complaints

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 Report to be submitted within 15 days, glare on high cab fares and lack of amenities

Vivek Chhetri, TT, Darjeeling, 20.05.24  : A Himalayan forest in north Sikkim

The Sikkim government has constituted a high-level committee to look into complaints of “exploitative” cab fares and permit rates and lack of amenities for visitors, among other things.

Sources said that the committee headed by an additional secretary of the tourism department has been formed to look into the complaints and submit a report within a fortnight.

“On Sunday senior officials of the tourism department also visited Changu Lake and Nathu-la to take stock of the situation,” said a source.

Plans are also afoot to introduce a centralised permit system to visit Nathu-la along the India-China border.

The initiative comes after the Union ministry of tourism wrote to the Sikkim tourism and civil aviation department on May 13, expressing concerns on various tourism related issues.

The letter sent by the CPGRAMS (Centralised Public Grievance Redress and Monitoring System) of the ministry said tourists visiting the Himalayan state had lodged several complaints about the problems they faced during their recent trips.

K.P. Wasnik, a former additional commissioner of the Union ministry of agriculture, had been to Sikkim and Darjeeling from April 27 to May 5 with his family. After his visit, the letter said, he filed a complaint with the tourism ministry, narrating several issues.

“The issues raised (by Wasnik) included exploitative pricing by the travel agencies for permits to visit various tourist spots, safety concerns at Nathu-la point due to narrow steps and inadequate infrastructure, lack of amenities and security measures at tourist spots and exorbitant charges by travel agencies for car rentals,” the letter sent by the ministry, said.

“It is requested that the matter kindly be examined and action as deemed fit,” said the letter.

In his complaint, Wasnik said he and the family had visited Lachung, Zero Point, Yumthang Valley, Nathu-la and some other spots in Sikkim.

“The travel agencies charged ₹ 4,000 for Zero Point and Yumthang Valley and another ₹ 4,000 for

permits to go to Nathu-la pass and the lake. This is sheer exploitation of the visitors. I suggest that the government department should issue the pass online by accepting the fee, if any, through online mode,” the former official said in his letter.

He also said no arrangements were available at the tourist spots to provide shelter or proper food to visitors in case of a sudden downpour or snowfall.

“The travel agencies charge very exorbitant rates for travelling by car,” Wasnik said in his complaint to the tourism ministry and suggested that the Sikkim government fix the rates.

Courtesy & source- The Telegraph

National, Politics

Supreme Court refuses to entertain plea against new criminal laws, allows withdrawal of petition

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The Bharatiya Nyaya Sanhita encompasses offences, such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity of the country, in a new avatar of the sedition law

PTI, New Delhi, 20.05.24 : The Supreme Court on Monday refused to entertain a petition which challenged the enactment of three new laws that seek to overhaul India’s penal codes.

A vacation bench of Justices Bela M Trivedi and Pankaj Mithal allowed petitioner advocate Vishal Tiwari to withdraw the plea.

The Lok Sabha, on December 21 last year, passed three key legislations — the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bill. President Droupadi Murmu gave her assent to the bills on December 25.

These new laws — the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act — will replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act respectively.

At the outset, the bench told Tiwari, “We are dismissing it (petition)”.

The bench said these laws have not come into force so far.

As the court showed its disinclination to entertain the plea, Tiwari urged that he be allowed to withdraw the petition.

“The petition has been filed in a very casual and cavalier manner,” the bench observed, adding, “If you had argued more, we would have dismissed it with cost but since you are not arguing, we are not imposing cost”. Seeking a stay on the operation of the three new laws, the PIL filed by Tiwari had claimed they were enacted without any parliamentary debate as most of the opposition members were under suspension.

The plea had sought directions from the court for the immediately constitution of an expert committee that will assess the viability of the three new criminal laws.

“The new criminal laws are far more draconian and establish a police state in reality and violate every provision of fundamental rights of the people of India. If the British laws were considered colonial and draconian, then the Indian laws stand now far more draconian as, in the British period, you could keep a person in police custody for a maximum of 15 days. Extending 15 days to 90 days and more is a shocking provision enabling police torture,” the plea had claimed.

The Bharatiya Nyaya Sanhita encompasses offences, such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity of the country, in a new avatar of the sedition law.

According to the new laws, anyone purposely or knowingly, by words, either spoken or written, or by signs, by visible representation, by electronic communication, by use of financial means, or otherwise, excites or attempts to excite secession or an armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers the sovereignty or unity and integrity of India or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment that may extend to seven years and shall also be liable to fine.

According to IPC section 124A, which deals with sedition, anyone involved in the crime may be punished with life imprisonment or with a three-year jail term.

Also, for the first time, the word “terrorism” has been defined in the Bharatiya Nyaya Sanhita. It was absent in the IPC. Under the new laws, the magistrate’s power to impose fines has been increased as well as the scope for declaring a proclaimed offender.
Education, National, Regional, States

‘Admissions under centralised admission portal for UG courses may start after Lok Sabha polls’

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MP, 19 May 2024, Kolkata: Admissions under centralised admission portal for undergraduate (UG) courses may start after Lok Sabha polls, a Higher Education official said. 

The last phase poll in the state is going to take place on June 1 and counting will take place on June 4. Through a centralised platform, a student will be able to apply to various colleges under the state government just by logging into a single portal instead of going to individual institutions.

The centralised online admission portal for UG will be used in all government-aided colleges, unitary universities and state-aided affiliating universities, excluding autonomous colleges, minority educational institutions or colleges, training colleges and law colleges. The Higher Secondary result was published on May 8. 
The successful candidates have started preparing for entrance examinations and applying for different colleges within the state as well as outside. Even though few colleges under the ones which will be excluded from the centralised portal like Scottish Church College have opened their standalone portal to start the admission procedure. 
However, many colleges under Calcutta University are awaiting notice from the Higher Education department as to when the admission process through the centralised portal will start. 
According to a college principal, the testing of the centralised portal was successfully conducted and data was collected from them. Although no communication has been made either by the department or Calcutta University as to when the admission process can be started. 
The centralised portal was going to be introduced last year but at the last moment the decision to implement it was revoked and colleges were asked to take new admissions through a standalone portal. 
The Higher Education authorities had reasoned that the centralised admission portal was developed based on the three-years degree UG programme and needed to be modified as per the recent implementation, which was four-years degree UG programme. 
https://www.millenniumpost.in/bengal/admissions-under-centralised-admission-portal-for-ug-courses-may-start-after-lok-sabha-polls-564462
Crime, Misc, National, Politics

SC to hear today plea against newcriminal laws passed by Parliament

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PTI, New Delhi, May 19, 2024 : The Supreme Court is scheduled to hear on Monday a petition challenging the enactment of three new laws that seek to overhaul India’s penal codes claiming that they suffer from many “defects and discrepancies”.

    
A vacation bench of Justices Bela M Trivedi and Pankaj Mithal is likely to hear the matter.
   
The Lok Sabha, on December 21 last year, passed three key legislations — the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bill. President Droupadi Murmu gave her assent to the bills on December 25.

These new laws — the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act — will replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act respectively.

Seeking a stay on the operation of the three new laws, the PIL filed by advocate Vishal Tiwari has said they were enacted without any parliamentary debate as most of the opposition members were under suspension.

The plea has sought directions from the court for the immediately constitution of an expert committee that will assess the viability of the three new criminal laws.

“The new criminal laws are far more draconian and establish a police state in reality and violate every provision of fundamental rights of the people of India. If the British laws were considered colonial and draconian, then the Indian laws stand now far more draconian as, in the British period, you could keep a person in police custody for a maximum of 15 days. Extending 15 days to 90 days and more is a shocking provision enabling police torture,” the plea has said.

The Bharatiya Nyaya Sanhita encompasses offences, such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity of the country, in a new avatar of the sedition law.

According to the new laws, anyone purposely or knowingly, by words, either spoken or written, or by signs, by visible representation, by electronic communication, by use of financial means, or otherwise, excites or attempts to excite secession or an armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers the sovereignty or unity and integrity of India or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment that may extend to seven years and shall also be liable to fine.

According to IPC section 124A, which deals with sedition, anyone involved in the crime may be punished with life imprisonment or with a three-year jail term. Under the new laws, “Rajdroh” has got a new term, “Deshdroh”, doing away with the reference to the British crown. Loosely explained, “Rajdroh” refers to a rebellion or an act against the ruler, while “Deshdroh” represents such acts against the nation.

Also, for the first time, the word “terrorism” has been defined in the Bharatiya Nyaya Sanhita. It was absent in the IPC. Under the new laws, the magistrate’s power to impose fines has been increased as well as the scope for declaring a proclaimed offender.
National, Politics, Regional, West Bengal

TMC insulting faith of Hindus, infiltrators changing demography of Bengal: Modi

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PTI, Medinipur (WB), May 19 2024 : Prime Minister Narendra Modi on Sunday accused the TMC of insulting the faith of Hindus to appease its vote bank and asserted that infiltrators are “perilous” to West Bengal since they are “disturbing” the demography of the state.
Addressing his third election rally in West Bengal during the day, the Prime Minister said, “Infiltrators, who are the vote bank of the TMC, is a threat to the state as in many areas, Hindus have become fewer in number.”
“In Bengal, TMC is synonymous with terrorism, corruption, appeasement and nepotism. To appease its vote bank, the TMC is insulting the Hindu society and its faith. The entire country is angry due to the recent derogatory statement made by West Bengal CM,” he said at the Medinipur rally.
Modi was referring to Chief Minister Mamata Banerjee’s recent remarks against Ramakrishna Mission and Bharat Sevashram Sangha.
The PM said that ongoing infiltration in West Bengal is “fast changing the demography” of the state.
“TMC’s appeasement has disturbed Bengal’s demography. Infiltration has disturbed the state’s demography. The TMC calls people from other states ‘outsiders’. However, it embraces infiltrators,” he said.
He also said, “Infiltrators are perilous to Bengal since they are disturbing the state’s demography. In many parts, Hindus have become a minority.”
Modi alleged, “Infiltrators are capturing the land of Dalits and the underprivileged. Our daughters and sisters are not safe anymore.”
The Prime Minister said in areas where infiltrators are in majority, “the TMC considers those as safe seats.”
“The TMC government kowtowing before its vote bank doesn’t deserve your votes. Teach TMC a lesson in this election,” he said.
Criticising the TMC for opposing the CAA in Bengal, Modi said, “Due to vote bank politics, they are opposing it.”
“The TMC welcomes infiltrators, but the West Bengal CM opposes the persecuted Hindus from neighbouring countries getting citizenship. I had promised to give citizenship to these refugee families. They are our brothers and sisters. However, TMC opposes the CAA, stating that they will not let it be implemented in Bengal and withdraw it,” he said.
Reaching out to the Matua community of the state, who are expected to benefit most from the CAA, he said, “Till Modi is alive, you won’t be able to do anything against the CAA. CAA is a law to accord citizenship.”
“The TMC is spreading lies, claiming that it will revoke citizenship as soon as the forms are filled,” he said.
Earlier, while addressing an election rally at Bishnupur, Modi said, “The refugee families of West Bengal will also soon get their citizenship under the CAA.”
“I am happy that the first batch has received citizenship under the CAA,” he said.
The first set of citizenship certificates under the Citizenship (Amendment) Act was issued Wednesday in New Delhi to 14 people, nearly two months after rules under the contentious law were notified to grant Indian nationality to persecuted non-Muslim migrants from three neighbouring countries.
This comes in the midst of the general elections which started on April 19. The last phase of polling will be held on June 1 while counting will take place on June 4.
The CAA was enacted in December 2019 for granting Indian nationality to persecuted Hindu, Sikh, Jain, Buddhist, Parsi and Christian migrants from Bangladesh, Pakistan and Afghanistan who came to India on or before December 31, 2014.
After the enactment, the CAA got the president’s assent but the rules under which the Indian citizenship was granted were issued on March 11 after over a delay of four years.
National, Politics

Fifth phase: Voting to be held today on 49 LS seats; Amethi, Rae Bareli among high-profile contests; EC flags urban apathy

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 The Election Commission on Sunday said 89.5 million electors would be eligible to cast their voters on the 49 seats. Simultaneous polling for 35 Assembly seats will be held in Odisha

PTI, 19 May 2024 : Polling will be held on Monday in 49 constituencies in six states and two UTs in the fifth phase of Lok Sabha elections that will decide the electoral fate of several prominent leaders like former Congress president Rahul Gandhi, Union ministers Rajnath Singh and Smriti Irani and former J-K chief minister Omar Abdullah.
Over 8.95 crore people, including 4.26 crore females and 5,409 third-gender electors, are eligible to vote in this round and 9.47 lakh polling officials have been deployed across 94,732 polling stations.
Among the seats going to polls, 13 are in Maharashtra, 14 in Uttar Pradesh, seven in West Bengal, five in Bihar, three in Jharkhand, five in Odisha, one in J-K and the lone seat in Ladakh. This round covers the least number of seats (49) in the seven-phase elections.
It is another important phase for the BJP as over 40 of these seats were with the National Democratic Alliance (NDA).
On the eve of poling, the Election Commission on Sunday pointed out that Mumbai, Thane and Lucknow have shown apathy towards voting in the past and asked city dwellers there to turn out in higher numbers.
The poll authority noted that in the past these cities have “suffered” from urban apathy in voting. “The Commission especially calls upon these city dwellers to erase the stigma by turning out in higher numbers,” it said.
So far, the last four phases have registered a total voter turnout of 66.95 per cent.
Other prominent candidates include Union ministers Piyush Goyal (Mumbai North, Maharashtra), Sadhvi Niranjan Jyoti (Fatehpur, UP) and Shantanu Thakur (Bangaon, WB); LJP (Ram Vilas) leader Chirag Paswan (Hajipur, Bihar), Shiv Sena’s Shrikant Shinde (Kalyan, Maharashtra), and BJP’s Rajiv Pratap Rudy and RJD president Lalu Prasad’s daughter Rohini Acharya (both Saran, Bihar).
Voting will also be held in 35 assembly constituencies in Odisha, where BJD president and Chief Minister Naveen Patnaik is among the candidates.
In Maharashtra, where polling will be held in 13 Lok Sabha constituencies, including six in Mumbai, Piyush Goyal, Bharati Pawar (Dindori) and Kapil Patil (Bhiwandi) are among the key nominees of the BJP, which has also fielded prominent lawyer Ujjwal Nikam (Mumbai North Central).
Shiv Sena’s Shrikant Shinde (Kalyan) and city Congress chief Varsha Gaikwad (Mumbai North Central) are also among the candidates in this phase, which is the last for the state in this election.
In Uttar Pradesh, Rajnath Singh (Lucknow), Irani (Amethi), Jyoti, Kaushal Kishor (Mohanlalganj) and Bhanu Pratap Singh Verma (Jalaun) are the five Union ministers in the fray. Voting will also take place for the assembly bypolls to the Lucknow East assembly constituency.
Rahul Gandhi, who has contested from Wayanad in Kerala, is also in the fight for Rae Bareli, a Nehru-Gandhi family pocket borough represented by his mother Sonia Gandhi since 2004. The BJP has fielded UP minister Dinesh Pratap Singh.
In Amethi, Irani, who had defeated Rahul Gandhi in 2019, is seeking a second term, while KL Sharma, an aide of the Gandhi family, has been fielded by the Congress.
Senior BJP leader Rajnath Singh is eyeing a fourth term from Lucknow. He is up against SP MLA from Lucknow Central Ravidas Mehrotra.
In the Faizabad Lok Sabha seat, which covers the temple town of Ayodhya, the electoral contest is mainly between sitting BJP MP Lallu Singh, who is seeking a hat-trick, and Awadhesh Prasad, the SP MLA from Milkipur (SC) assembly constituency in Ayodhya.
In Baramulla, besides Omar Abdullah, former separatist Sajad Lone, ex-MLA Sheikh Abdul Rashid alias ‘Engineer Rashid’, currently lodged in the Tihar jail, and the PDP’s former Rajya Sabha member Fayaz Ahmad Mir are among the 21 others contesting.
More than 500 centenarians are among the 17.37 lakh voters eligible to exercise their franchise in the constituency, with political observers expecting a high turnout on the back of the huge crowds that thronged election rallies and roadshows in the first major political battle post the abrogation of Article 370 in 2019.
In Ladakh, Congress candidate Tsering Namgyal, BJP’s Tashi Gyalson, and Independent candidate and NC rebel Haji Hanifa Jan are locked in a keen contest.
Security has been stepped up in West Bengal’s seven constituencies which have a history of election-related violence, with over 57 per cent of the polling stations identified as sensitive in this phase, the highest till now in this Lok Sabha election.
Over 60,000 personnel of central forces and around 30,000 personnel of the state police, have been deployed, which is more than in the four previous phases in the state, an official said.
BJP’s Arjun Singh, who has been in and out of the saffron party and the Trinamool Congress on four occasions in the last five years, is taking on West Bengal minister Partha Bhowmick in Barrackpore in a bid to retain the seat he won in 2019.
Actor Rachana Banerjee has been fielded by the TMC to stop actor and BJP candidate Locket Chatterjee from winning a straight second term from Hooghly.
In Serampore, the TMC’s sitting MP Kalyan Banerjee is fighting against the BJP’s Kabir Shankar Bose.
Voting will take place in Saran, Muzaffarpur, Hajipur, Sitamarhi and Madhubani Lok Sabha seats of Bihar, which are all with the NDA.
In Hajipur, the primary contest is between Chirag Paswan, whose late father Ram Vilas Paswan had won the seat eight times, and RJD’s Shiv Chandra Ram, a former MLA and ex-minister in the state.
Former Union minister Rajiv Pratap Rudy’s bid to score a hat-trick in Saran has been challenged by RJD president Lalu Prasad’s daughter Rohini Acharya, who had donated her kidney to her father.
Voting in three Jharkhand Lok Sabha constituencies Chatra, Koderma and Hazaribag and by-election in Gandey assembly seat, where Kalpana Soren, the wife of jailed former Jharkhand chief minister Hemant Soren, is contesting, will take place on Monday.
An interesting fight is expected in the Koderma Lok Sabha seat where Union Minister and BJP candidate Annapurna Devi is up against Communist Party of India (Marxist-Leninist) Liberation nominee Vinod Singh, an MLA from Bagodar assembly constituency.
In Odisha, CM Patnaik is contesting from two assembly segments — Hinjili under the Aska Lok Sabha seat in Ganjam district and Kantabanji under the Bolangir parliamentary constituency.
Apart from Patnaik, major contestants include around half a dozen Odisha ministers, BJP’s sitting MPs Jual Oram and Sangeeta Singh Deo, BJD MP Achyut Samant and former Indian Hockey captain Dilip Tirkey.
Around 45.1 crore electors have exercised their franchise in the last four phases.
Polling for 23 states and Union territories and 379 seats has been completed so far.
The sixth and seventh phases are on May 25 and June 1 respectively. The counting of votes is on June 4.
National, Regional, West Bengal

DHR presses in 2 additional joy rides to meet rush

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PTI, DARJEELING, MAY 18, 2024 :  The Darjeeling Himalayan Railway will introduce two additional joy ride services to cater to the increased flow of tourists to the hills station. The DHR is already operating eight joy rides on the popular toy train. 

Meandering through narrow roads with houses on both sides of the road, the joy ride covers a distance of 16 km from Darjeeling to Ghoom and back and is one of the most sought after tourist activities. 
Station Master of Darjeeling Suman Pradhan said tourists were facing difficulty in purchasing tickets from the counter due to the rush. 
“There is huge rush and demand for the joy ride. Presently, we are running eight rides. We are booked till May 26. This has resulted in several tourists failing to take the ride. Therefore, we have decided to introduce two more joy rides to cater to the demand,” he said. 
Pradhan said the two new joy rides will be on diesel engines and will operate at 11.25 a.m and 1.25 p.m. 
“One of the main reasons people come to Darjeeling is to take the joy ride. If we see more demand for the joy ride then we will introduce two more rides,” said Pradhan. 
Tourists who were not getting tickets for the joy ride have welcomed the decision of the DHR to press into service additional rides. 
“One of the reasons we came to Darjeeling during this time was to beat the excruciating heat back home. We heard that two joy rides were introduced today, and we are happy about it. Being a large group of 13 t5 tourists, we were not getting tickets. We wanted to enjoy the joy ride together and we finally got a chance,” Karthick Ghosh, a tourist from Kolkata, said. 
Moumita Ghosh, also from Kolkata, said: “This is the first time I will be taking a ride in the toy train and this was possible only due to the additional two rides being started. Looking at the large crowd here I feel they will have to introduce more joy rides.” 
The 16 km joy ride meanders through the roads of Darjeeling passing the shops and houses along the way. 
The ride also passes through the Batasia War Memorial where a short break is made with another break made at the Ghoom Railway Station which is the highest railway station in Asia. Visitors can also take a tour of the DHR museum before the return trip back to Darjeeling.
National, Politics

Demand for statehood, 6th Schedule in focus: Ladakh Independent candidate

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PTI, Kargil, May 18, 2024 :  Amid a three-cornered fight in Ladakh, Independent candidate Mohammad Haneefa Jan said his focus remains on the demands such as safeguards under the Sixth Schedule of the Constitution and statehood raised with the Union government.


Haneefa, who was a National Conference (NC) leader till recently, quit the party along with the entire Kargil unit to contest the Lok Sabha elections from Ladakh. While he belongs to Kargil, INDIA bloc’s Tsering Namgyal and BJP’s Tashi Gyalson are from Leh.

It is believed that being the lone candidate from Kargil gives Haneefa an edge over the other two candidates.

Of the around 1,84,000 voters in Ladakh, Kargil has around 95,000 voters while Leh has around 89,000 voters, according to the local officials. With votes from Leh likely to split between Congress’s Namgyal and BJP’s Tashi Gyalson, Haneefa seems to have an advantage.

Haneefa told PTI that he is getting support from all social and religious groups in Kargil. His team is also campaigning in the Leh district with a four-point demand in focus.

The Ladakh seat was given to the Congress under the seat-sharing arrangement of the INDIA bloc. Namgyal, the leader of opposition in Leh Autonomous Hill Development Council, was announced as their candidate.

The entire unit of the NC in Kargil resigned citing pressure to support the Congress candidate. The local unit of the Congress is also backing Haneefa.

“We were hoping that the Congress will give a chance to a candidate from Kargil this time. We had decided that we will give a candidate from the NC.

“I had already been announced as the candidate. Unfortunately, the decision went in favour of Leh,” Haneefa told PTI in an interview.

He said under the seat-sharing deal of the INDIA bloc, the Ladakh seat was given to the Congress. The NC’s Kargil unit was under pressure to support the Congress candidate.

“We said the whole Kargil is united. The whole NC’s Kargil unit resigned,” he said.

Haneefa said supporting the opposition bloc candidate from Leh could have worked in favour of the BJP.

“It was not possible to support the Leh candidate at the ground level. That would have meant the BJP’s victory or the emergence of some other independent candidate,” he said.

At his rallies in Kargil, ‘ittehad’ or unity is the key word, as all social, political and religious groups are backing him under the banner of Ladakh Democratic Alliance (LDA).

For Haneefa, the focus remains on the four demands being raised by the Ladakhis — safeguards under the Sixth Schedule of the Constitution, statehood, job reservations and a separate public service commission. Two separate Lok Sabha seats for Kargil and Leh are also on his agenda.

He said the Union Territory status for Ladakh was originally the demand of the people from Leh. The people of Kargil wanted to remain with Jammu and Kashmir. But in today’s scenario, the people of Kargil are also on the same page over the demands.

“This is the first time in history that Kargil and Leh are unitedly fighting over something. We have staged protests in Leh, Kargil, Jammu and at Jantar Mantar in Delhi. Unfortunately, in the last five years, the elected MP did not raise the issues of Ladakh.

Haneefa was referring to Jamyang Tsering Namgyal, the outgoing Ladakh MP, who was replaced with Gyalson as the BJP candidate from the constituency in these Lok Sabha elections.

“Maybe he was under some pressure from his party. He became a representative of the party and not of the people of Ladakh. He kept trying to please his party leaders by talking about Kashmir and not about the people of Ladakh,” Haneefa said.

“Had he (Jamyang Tsering Namgyal) been a representative of Ladakh, he would have acted as a bridge between the government and the people. Maybe our message could have reached the leadership,” he said.

Haneefa claimed that despite the regional divide, all communities in Kargil are supporting him. His team is also campaigning in Leh, where the Ladakh Buddhist Association (LBA), a prominent religious body, has said the focus remains on their demands for safeguards and democracy.

“Earlier the divide was on a regional and religious basis. But today, Buddhist, Christians and Sikhs, all are together. We are united over the issue of Ladakh.

“The LBA president also said we will support the candidates who are secular and talk about the interests of Ladakh. That is why we are able to campaign openly in Leh as well. Many Buddhist brothers called me and welcomed that I was fighting elections on the four demands,” he said.

Haneefa stressed that implementation of both statehood and Sixth Schedule are extremely important here in order to protect the local culture, identity, as well as interests of people, specially when it comes to employment.

“Ladakh has a very huge area but a very low population. If a large number of outsiders come here, we will be finished,” he said.

Ladakh, which holds the distinction of being India’s largest constituency in terms of area, will go to polls on May 20. This is the first time Lok Sabha elections are being held here since the abrogation of Article 370 and bifurcation of the erstwhile state of Jammu and Kashmir which paved the way for the creation of Ladakh as a Union Territory but without legislature. 
National, Northeast, Regional

Assam Rifles organises mega ex-servicemen rally in Kalimpong

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Photo Courtesy : Hamro Varta Television

EOI, KOLKATA, MAY 18, 2024  :  A mega Assam Rifles Ex- servicemen Rally for ex- servicemen of West Bengal and adjoining States was conducted under the aegis of Headquarters Directorate General Assam Rifles at Kalimpong, on Saturday. 


The rally elicited participation by more than 500 Ex-servicemen from all the districts of the state including Gallantry awardees, Veer Naris, widows and their dependents. 

The aim of the rally, organised under the theme “Serving Those Who Served Us”, was to connect with the veterans, strengthen bonds with them and also acknowledge their contribution made for the country during the prime of their lives. 
Photo Courtesy : Hamro Varta Television

The occasion was graced by Lt Gen P C Nair, PVSM, AVSM, YSM, PhD, DG Assam Rifles as the Chief Guest. Speaking on the occasion, the Director General Assam Riles lauded the contribution of the veterans and the serving soldiers who have contributed immensely to ensure the security and prosperity of the North– East and the country. 

The veterans were informed about various beneficiary schemes including the recruitment rallies, sports quota for recruitment in Assam Rifles, reservation in various educational institutes/hostels, Ayushman Bharat and extension of Ex-Servicemen Contributory Health Scheme (ECHS) to Assam Rifles veterans. 

The Director General also highlighted the concept of an Ex-servicemen (ESM) Cell at every Unit level, adoption of Veer Naris and disabled veterans and outreach programme as part of which the Assam Rifles is reaching out to Veer Naris and veterans pan India. 

As part of the event, a felicitation ceremony was organised in which the Director General Assam Rifles felicitated Veer Naris, Gallantry awardees and other Ex-Servicemen. The representatives of Headquarters Directorate General Assam Rifles Shillong also provided a platform for registration of grievances and redressal. 

Selected veterans were provided wheel chairs and other assistance devices at the venue. An ex- servicemen grievance cell, eye camp and help desk of SBI was also established as a part of the Ex-servicemen rally to facilitate the veterans. 

The event was followed by lunch for all participants. The Ex-servicemen expressed their heartfelt gratitude to the Director General Assam Rifles for organising the event.
National, Politics, Regional, West Bengal

A right lesson has to be taught to BJP: Abhishek – TMC will play decisive roll in formation of INDIA bloc govt, claims MP

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PTI, Kolkata, May 18, 2024 :  Asserting that electors of the country will teach a lesson to the BJP in the ongoing Lok Sabha elections, Trinamool Congress leader Abhishek Banerjee on Saturday claimed that the term of the saffron party-led NDA government at the Centre will expire soon.

    Addressing a rally in Kultali in West Bengal’s South 24 Parganas district in support of Trinamool Congress candidate from Jaynagar Pratima Mandal, Banerjee blamed the BJP for “making the lives of poor people miserable”.

    “A right lesson has to be taught to the BJP which always makes empty promises. The saffron party has stopped making payments to West Bengal under various central schemes like 100-day work and housing programmes,” he said.

    Banerjee, also the nephew of Trinamool Congress supremo Mamata Banerjee, said the “central government every year takes away Rs 1.20 lakh crore from West Bengal and the state owes Rs 1.65 lakh crore from the Centre on account of various schemes”.

    He also claimed that though the Centre is “not making payments” under various schemes, the West Bengal government is “meeting up all these monetary dues of the poor from its exchequer”.

    The TMC has accused the BJP-led NDA government of withholding dues to Bengal under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and Gramin Awas Yojana.

    The Mahatma Gandhi National Rural Employment Guarantee Act 2005 aims at enhancing the livelihood security of households in rural areas by providing at least 100 days of guaranteed wage employment in a financial year.

    The time has come to secure the basic rights of the people, Banerjee said.

    “The state government, through various social welfare schemes like the ‘Laskhmir Bhandar’, is making efforts to financially help the people of West Bengal,” he said.

    ‘Laskhmir Bhandar’ is a popular welfare scheme of the TMC government, which provides a monthly allowance of Rs 1,000 for general-category women and Rs 1,200 for Scheduled Caste and Scheduled Tribe women in the state.

    The Trinamool Congress MP also alleged that under the present dispensation at the Centre, the “poor are becoming poorer and the rich getting richer”.

    “The term of the BJP-led NDA government at the Centre will expire soon, which will be evident once the Lok Sabha election results are out on June 4. The INDIA bloc will form the government and the Trinamool Congress will play a decisive role,” he claimed.

    He also accused the saffron camp of orchestrating a conspiracy to defame the women of Sandeshkhali by “paying them to make false rape allegations”.

    “Also see, how Tamluk BJP candidate Abhijit Gangopadhay had made obnoxious comments against Chief Minister Mamata Banerjee. The BJP should be thrown away into the Bay of Bengal”, the TMC leader said at the rally.

    A purported video in which BJP nominee and former Calcutta High Court judge Abhijit Gangopadhyay was heard wondering about “the amount at which Chief Minister Mamata Banerjee is getting sold,” triggered a row with the TMC labelling it as the saffron party’s guarantee of disrespecting women, while the BJP raised doubts about the clip’s authenticity.

    PTI, however, couldn’t verify the authenticity of the video.

    Banerjee said that the BJP always delves into “divisive politics” and is “not bothered about social and economic uplift of the poor”.

    Later speaking at a roadshow at Diamond Harbour from where he is contesting in the Lok Sabha polls, Banerjee said, “Central agencies like the Enforcement Directorate had tormented my family by summoning in fabricated cases against us”.

    Banerjee, who is also the sitting MP from the constituency, said the time has come now to give a reply in a befitting manner.

    The Trinamool Congress leader said the “saffron party will have to be immersed democratically so that development of the state continues unabated”.

    The BJP seeks votes in the “name religion and always believed in divisive politics”, he alleged. 

National, Politics

Article 370 buried in ‘kabristan’, Cong should

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PTI, Sonipat (Haryana), May 18, 2024 :  Prime Minister Narendra Modi Saturday kept up the attack on the Congress, saying it should forget the “dream” of bringing back Article 370 as it has been “buried” in the “kabristan (graveyard)”.

    Addressing a rally at Gohana, his second of the day in Haryana after one at Ambala, Modi referred to the Lok Sabha polls as a “Kurukshetra (battle)” in which “there is development on one hand and ‘vote jihad’ on the other”.
    Striking a chord with the locals, Modi referred to Gohana’s famous “Matu Ram ki jalebi” to target the opposition INDIA bloc, saying it has a formula of having five prime ministers in five years if they come to power. “Ask them is the prime minister’s post our Matu Ram ki jalebi,” he told the crowd.
    “In the 2024 ‘kurukshetra’, there is development on one hand and ‘vote jihad’ on the other,” he said. “I want to ask the people of Haryana… who will win?”
     He waited for the crowd to respond before saying, “Your reply has decided ‘Phir Ek Baar’,” and the crowd went, “Modi Sarkar.”
    Modi said now the Congress is not even hiding its “desh-virodhi agenda (anti-national agenda)”. They are saying openly what Modi did in 10 years they will reverse it if they come to power, he said.
    But their “dream” of bringing Article 370 back will never be fulfilled, he added. “They are saying that we will restore Article 370 in Kashmir… This means once again a free run for terrorism and bloodshed in the Valley.”
    “From the brave land of Haryana, I want to tell those associated with the Congress that only tricolour will fly in Kashmir now,” he said.
    “Forget the dream of bringing back 370 in Kashmir. And if you try to do it ‘lene k dene padd jayenge’ (you will to pay very heavy price),” he said. “Dhara 370 ki deewar hamne kabristan me gaad di hai….We have buried the hurdle of Article 370 in the kabristan (graveyard).”
    Earlier at the Ambala poll rally too, Modi attacked the Congress and said it was his “dhakad” (strong) government that removed the Article 370 impedient and as a result, Jammu and Kashmir is now moving on the path of progress.
     Back at Gohana in Sonipat, Modi said the Congress is out of power for 10 years and therefore they are jittery. They are remembering their old days when the “shahi parivar” used to run government with a remote control, he said, adding all government schemes used to be in the name of only one family and there was corruption too.
    During the Congress rule, he said, firing at the borders and ceasefire violations used to be in the headlines regularly.
    But under his government, he said, the situation has changed even though the enemy is the same. It is not Modi, but the power of a vote of people which changed the situation, he added.
    Modi said he gave the soldiers, including the brave soldiers from Haryana, guarding the borders a free hand.
     The Congress and INDIA alliance are not able to digest these decisions, Modi said.
“They cannot see this situation of Pakistan. Now people associated with the Congress have become Pakistan’s spokespersons and are saying the neighbouring country has nuclear bomb.”
    “Tell me, should India be scared of Pakistan?” he asked the gathering.”Ye Modi ka daur hai, hum ghar mein ghus ke marte hai (This is Modi’s period, we hit the enemy inside its territory).”
    He railed against the opposition INDIA bloc, calling it a gang of the corrupt. (Jamaat of ghotalebaaz).” “They want power at any cost. And what is that cost? It is the country’s security, stability and respect. And five prime ministers in five years. This is their formula to run the government,” he said.
     “Will the country benefit, if there is new PM each year. What will they do? Will you allow the country to go back to that period of instability.”
     Accusing the Congress of appeasement politics, Modi said its manifesto has Muslim League imprint. “It will X-ray your land, jewellery, will get property inquired, where is Mangalsutra, all of this property, which is in excess of your requirement, will be distributed among those who do Vote Jihad,” he said.
    “Will you allow your property to be snatched away? Will you allow those who do Vote Jihad have rights on your property.”
    He also attacked the Congress by mentioning the 2006 remark then PM Manmohan Singh and on the issue of “inheritance tax”.
    Accusing the Congress of backstabbing Babasaheb B R Ambedkar and shredding the Constitution, Modi said the party wants to give reservation meant for SC, ST and OBC to Muslims.
    “They have started this in Karnataka. After forming the government, they declared all Muslims as OBC and as a result, they robbed the OBC of their share, looted a big chunk of it while the original OBC were left in the lurch,” said Modi.
    He also alleged the Congress created as many obstacles as it could in the Ram Temple construction to make those who do ‘Vote Jihad’ happy. “They have so much hatred towards Lord Ram that they rejected the invitation (for consecration ceremony).”
    Whereas Iqbal Ansari, who fought against Ram Mandir in court, attended the ceremony, he said.
    Modi alleged “INDI Alliance” leaders openly say Ram Mandir is “useless”. One Congress leader said there was a discussion on how to overturn the court verdict and send Ram Lalla back to the tent, the PM said. “Will you make the poisonous politics of Congress and INDI alliance a success.”
    Haryana Chief Minister Nayab Singh Saini and the BJP’s Lok Sabha poll candidate from Sonipat Mohan Lal Badoli were also on the stage.
Crime, National, Northeast, Regional, Sikkim, West Bengal

Can’t prosecute person under SC/ST Act unless casteist remarks made in ‘public view’: Supreme Court

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The bench passed the verdict while setting aside a Delhi HC judgment that had taken a contrary view and directed the registration of an FIR against Priti Agarwalla and five others besides the station house officer of Fatehpur Beri police station

R. Balaji, TT, New Delhi, 18.05.24 : The Supreme Court on Friday ruled that a person cannot be prosecuted for alleged offences under the SC, ST (Prevention of Atrocities) Act unless casteist remarks were made in “public view” with an intention to humiliate.

The bench of Justices M.M Sundresh and S.V.N. Bhatti passed the verdict while setting aside a Delhi High Court judgment that had taken a contrary view and directed the registration of an FIR against Priti Agarwalla and five others besides the station house officer of Fatehpur Beri police station.
The appellants were represented by senior advocate Sidharth Luthra while complainant Praveen Kumar aka Prashant was represented by Kapil Nath Modi. Besides being an advocate, Modi is the administrator of the Olympic Riding and Equestrian Academy, Eastern Jaunapur, New Delhi (OREA).

Praveen and most of the appellants used to train at the OREA where skirmishes reportedly broke out, resulting in the filing of complaints and counter-complaints.

Modi submitted that the appellants often hurled casteist slurs at Praveen, saying equestrian sports were meant for the rich and not a “Chamar” like him.

However, Luthra said the allegations were fabricated. He maintained that the offence alleged against the appellants was stated under Sections 3(1)(r) and 3(1)(s) of the SC, ST (Prevention of Atrocities) Act, 1989. To constitute an offence under Section 3(1)(r), the complaint must aver that the commission or omission had been made in public view, he said.

He added that the complaint did not satisfy the required ingredients of an offence under the Act.

Agreeing with the arguments, Justice Bhatti said Section 3(1)(r) of the SC, ST Act identifies as an offence an intentional insult or intimidation intended to humiliate a member of a Scheduled Caste or a Scheduled Tribe in public view.

“The cumulative effect of the structured application to a given situation is that the intentional insult or abuse coupled with the humiliation is made in any place within public view. The expression ‘in any place within public view’ has an important role to play in deciding whether the allegation attracts the ingredients of an offence or not,” Justice Bhatti observed.

“The accusation of intentionally abusing and humiliating Respondent No. 2 (Praveen) spans over a period of two years between 2016 and 2018. The allegation prima facie appears to be an omnibus and ambiguous allegation.”

The bench said the specific allegation in the complaint on Appellant No. 2 is that Appellant No. 2 had called Respondent No. 2 “Chuda” and “Chamar”, among other things.

“The allegation does not refer to the place nor the public view before whom it was made. An important test for ‘in any place within public view’ is within the view of persons other than the complainant,” the apex court noted.

“In this case, we are not examining whether OREA is a private or public place, but to appreciate the alleged offence. We juxtapose the allegation(s) with the requirement of insulting or intimidating in any place within public view is satisfied or not.”
Crime, National, Regional, West Bengal

Woman held in Jalpaiguri for trafficking minor girl to Delhi

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Dibyendu Sinha, MP, 17 May 2024, Jalpaiguri: A woman was caught by the Railway Protection Force (RPF) while attempting to traffic a minor girl to Delhi under the pretense of offering work. The arrested woman, Sita Parikh, 49, was apprehended along with the rescued minor at Jalpaiguri Road Station on Friday. 

According to RPF sources, the woman is a resident of the Natar Bari area in Assam. Initial inquiries revealed that the minor was missing for the past three days. 
A missing person’s complaint was lodged at the concerned police station in Sonitpur, Assam, by her family. The incident came to light on Friday when an AC coach attendant on the 15658 Down Brahmaputra Mail, travelling from Guwahati to Delhi, grew suspicious upon seeing the minor with the woman in an AC coach. 
He then informed the RPF personnel about the situation. RPF Inspector Biplap Dutta of Jalpaiguri Road Station stated: “We initiated a search as soon as we received the information. The minor’s brother had also sought help from the Railways. When the Brahmaputra Mail arrived at Jalpaiguri Road Station, we took Sita Parikh into custody and rescued the girl. 
During interrogation, the accounts of the minor and the woman did not match, leading to Sita’s arrest. We have contacted Assam Police and the minor’s family, who are on their way to Jalpaiguri.” 
Courtesy & source- Millennium Post
https://www.millenniumpost.in/bengal/woman-held-for-trafficking-minor-girl-to-delhi-564252
International, National, Regional

Tibetans of Kalimpong demand release of Panchen Lama

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YOWAN MOTHAY, EOI, ALIMPONG, MAY 17, 2024 : The Tibetan community of Kalimpong on Friday evening held a candlelight procession in the city to demand the release of the Panchen Lama by the Chinese authorities.

The Tibean community has accused the Chinese authorities of holding the 11th Panchen Lama Gedhun Choekyi Nyima captive since 1995 in an undisclosed destination. President of Regional Tibetan Human Association Chongdak Bhutia told reporters that the protest was being held every year for the release of the 11th Panchen Lama, held captive. 
Bhutia said members of the Tibetan community organized rallies and protests in various parts of India, demanding the release of the Panchen Lama.
The Panchen Lama, the second in hierarchy in the Tibetan Buddhist order, next to the Dalai Lama, had turned 37 years old, he said. “But where is he? What kind of situation is he facing? Nothing is known about him.” 
Bhutia demanded that the Indian government should also help in the release of the Panchen Lama
Crime, Misc, National, Regional, West Bengal

SC seeks Centre’s stand on plea against marital rape exception in new criminal law

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PTI, New Delhi, May 17, 2024 : The Supreme Court on Friday sought the Centre’s stand on a petition challenging the marital rape exception under the new criminal laws.

A bench headed by Chief Justice D Y Chandrachud issued notice on the petition by the All India Democratic Women’s Association (AIDWA) and said it would be listed for hearing in July along with other petitions seeking to criminalise marital rape.
    “It is a constitutional issue. This will be live even after the new code,” the bench, also comprising Justice J B Pardiwala and Justice Manoj Misra, said.
    The top court had on January 16, 2023 sought the Centre’s response on certain petitions assailing the Indian Penal Code (IPC) provision which provides protection to a husband against prosecution for forcible sexual intercourse if the wife is an adult.
     Under the exception given in Section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
     Even under the new law — Bharatiya Nyaya Sanhita (BNS), exception 2 to section 63 (rape) has clarified that “sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape”.
     The newly enacted laws — the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Act — that would completely overhaul the criminal justice system will come into effect from July 1.
     Besides the exception under the BNS, AIDWA has also challenged in the Supreme Court the constitutionality of section 67 of the BNS, which prescribes imprisonment ranging from two to seven years for married men who rape their separated wives.
    The plea, filed through lawyer Ruchira Goel, objected to the provision on the ground that the penalty is lower than the mandatory minimum 10-year sentence otherwise applicable in cases of rape.
     It also assailed as unconstitutional section 221 of BNSS, which facilitates a “lenient regime” under section 67 by prohibiting a court from taking cognizance of the offence without “prima facie satisfaction of the facts which constitute the offence upon a complaint… by the wife”.
     The petitioner emphasised that the marital rape exception violates Articles 14 and 15 of the Constitution as it negates a married women’s consent to sex and perpetuates sexual and gender stereotypes about the subordination of a woman’s individuality.
    “The impugned provisions, in pegging the legal status of a woman’s consent to her marital status, are manifestly arbitrary. There is no determining principle to justify the select deprivation of married women of a legal right to complain of the commission of the offence under Section 63 of the BNS by her husband,” the petition said.
    It further stated that the protection of the “institution” of marriage as the “objective” to sustain the exception is wholly unjust and unfair.
    The petition also stated that the marital rape exception is against Article 19(1)(a) and Article 21 of the Constitution because it takes away a married women’s rights to bodily integrity, decisional autonomy, and dignity.
    “Given that this Hon’ble Court is seized of the matter insofar as it concerns the pari materia (in similar matter or when two provisions of two different statutes deal with the same subject) provisions of the BNS and BNSS as they were contained in the IPC and CrPC, it is prayed that this Hon’ble Court hear the instant case, which challenges provisions of the BNS and BNSS that constitute and secure the MRE (marital rape exception), respectively,” the plea said.
    One of pending pleas in the Supreme Court has been filed in relation to the Delhi High Court’s split verdict of May 11, 2022 on the issue. This appeal has been filed by a woman, one of the petitioners before the Delhi High Court.
    However, two HC judges — Justice Rajiv Shakdher and Justice C Hari Shankar — had concurred on granting a certificate of leave to appeal in the Supreme Court as the matter involved substantial questions of law which required a decision from the top court.
     AIDWA was also one of the petitioners before the high court.
     While Justice Shakdher, who headed the division bench, favoured striking down the marital rape exception for being “unconstitutional” and said it would be “tragic if a married woman’s call for justice is not heard even after 162 years” since the enactment of the IPC, Justice Shankar said the exception under the rape law is not “unconstitutional and was based on an intelligible differentia”.
     Another plea has been filed by a man against the Karnataka High Court verdict which had paved the way for his prosecution for allegedly raping his wife.
     The Karnataka High Court had on March 23, 2022 said exempting a husband from allegation of rape and unnatural sex with his wife runs against Article 14 (equality before law) of the Constitution.