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High Court allows Raghav Chadha’s petition to review expulsion from his bungalow, asks him to file an application with the city court

Shraddha Pandey
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High Court allows Raghav Chadha’s petition to review expulsion from his bungalow, asks him to file an application with the city court

On Tuesday, 17th October, the Delhi High Court allowed Aam Aadmi Party (AAP) MP Raghav Chadha’s plea challenging the trial court’s order allowing the Rajya Sabha secretariat to evict Chadha from a Type VII bungalow in New Delhi.

Justice Anup Jairam Bhambhani stated on Tuesday that the trial court’s April 18 ruling which ordered the Rajya Sabha Secretariat not to evict Chadha stands reinstated. The order, however, stands revived only till the adjudication of Raghav Chadha’s plea seeking a temporary injunction against his eviction from the Type VII bungalow.

The court has ordered Raghav Chadha to file an application for temporary relief with the city court within three days and has ordered the trial court to rule on it first in accordance with the law. The court directed the trial court to decide on Chadha’s plea under Order 39 Rules 1 and 2 of the Civil Procedure Code or Code of Civil Procedure (CPC).

“The appeal is allowed. Holding that A) there was no requirement for the appellant to file an application under 80 CPC to comply with that provision thus the application under 80 CPC is disposed of as infructuous. Directing the appellant to be present in the court within three days of the pronouncement of the judgement with the direction to the trial court to first decide the application under Order 39 rules 1 and 2 & thus to proceed in accordance with the law. In the meantime, the order dated 18/4 shall stand revived till the application under Order 39 rules 1 and 2 is decided by the trial court,” the bench said.

Notably, Rule 1 of Order 39– Temporary Injunctions and Interlocutory Orders provides that temporary injunction may be granted wherein it is proved through an affidavit or otherwise that “any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors, or that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,” till further orders in the matter or its disposal.

Rule 2 of Order 39 allows the court to grant an injunction to restrain the repetition or continuance of breach by the defendant(s).

Did the Delhi High Court say that Raghav Chadha is innocent?

Soon after the court ruling came out, the AAP MP ‘welcomed’ the court’s decision to allow his plea to review expulsion from the Type VII bungalow he occupies as if he had been vindicated.

Taking to X, Chadha in his ‘statement’ regarding the court ruling said, “I welcome the decision of the Hon’ble Delhi High Court to set aside the order of the trial court, which was against me. The cancellation of this allotment was a clear case of political vendetta, aimed at silencing a young, vocal parliamentarian.” The MP also said that opposition voices were being “deliberately targeted”.

He claimed that this is not a fight for home or shop but to save the Constitution.

Contrary to Chadha’s claim, while the court has vacated the April 18 order which directed the Rajya Sabha secretariat not to evict suspended MP Raghav Chadha from the bungalow in question, it does not imply that the AAP MP is innocent or that there was no violation of the rules pertaining to the allotment of official residence to MPs by the House Committee, on his part.

Notably, the AAP MP from Punjab had on 10th October moved to Delhi High Court against a trial court ruling dated 5th October lifting the stay on its prior stay order on his eviction from his government bungalow located in Delhi’s Pandara Road.

Additional District Judge Sudhanshu Kaushik had ruled that MP Raghav Chadha is not entitled to the Type VII bungalow which he currently occupies, thus allowing the Rajya Sabha secretariat to undertake the process to evict the AAP MP.

Rajya Sabha MP Raghav Chadha was allocated a Type VII bungalow on Pandara Road in Delhi in September 2022. However, the Rajya Sabha Secretariat annulled the allotment in March 2023 since it exceeded his entitlements as a first-time MP. Subsequently, the AAP MP was allotted an alternate residence.

Chadha had challenged the order at Patiala House Court and obtained a stay on April 18th. The Rajya Sabha Secretariat later filed an objection to the stay order, saying that it was issued without providing them with an opportunity to be heard. The court heard both sides and removed the stay order on October 5th. However, the Delhi High Court has now granted Raghav Chadha permission to re-appear before the trial court within three days from October 17th.

Type VII bungalow: What do the rules say?

According to the Rajya Sabha Handbook, which specifies the eligibility criteria for accommodation, Rajya Sabha MPs, who are first-time Members of Parliaments, including Raghav Chadha, are entitled to Type V bungalows or single flats as their official residence. 
It is mentioned in the Rajya Sabha Handbook that the MPs who were former Ministers of State, Deputy Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha, nominated members, floor leaders of their parties and members who have served at least one term are allotted Type VI bungalows or twin flats.

Meanwhile, Type VII bungalows are allocated to MPs who have previously served in the Union Cabinet, or as Governors or Chief Ministers, or as Lok Sabha Speakers.

Guidelines for allotment of bungalows to MPs (Source: rajyasabha.nic.in)

Furthermore, the Handbook stipulates that the House Committee chairperson may make exceptions. Chadha’s allocation of a Type VII bungalow required the approval of the chairman of the House Committee.

While Chadha’s counsel Abhishek Manu Singhvi has argued that out of 245 sitting MPs in the Rajya Sabha, 115 have been granted accommodation above their ‘default’ entitlement, Additional Secretariat General (ASG) Vikramjit Banerjee appearing for Rajya Sabha Secretariat stated that he cannot demand negative equality over possessing government property.

‘Full of sound and fury signifying nothing’: Same-sex marriage petitioners express dissatisfaction following SC verdict 

OpIndia Staff
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‘Full of sound and fury signifying nothing’: Same-sex marriage petitioners express dissatisfaction following SC verdict 

Following the Supreme Court verdict in which it refused to grant legal recognition to same-sex marriages, the petitioners in the case have expressed their strong dissatisfaction. 

Kajal and Bhawna, amongst 21 petitioners in the case, have been together since 17th October 2019. According to them, they have been in hiding since then as Bhawna’s parents are against their relationship. Consequently, they have been changing shelter homes, cities, and jobs to ensure safety. 

After the SC verdict, Kajal said, “We had planned a lot of things. We had decided we would get married immediately after the verdict and come out and tell our parents that they couldn’t separate us anymore. The legal sanction of our union would have changed our lives, but now we have to go back in hiding.” 

Another couple impacted by the verdict, Pooja Srivastava and Nibedita Dutta met on Facebook almost five years ago. They claim that they tied the marital knot but have to write ‘single’ on government documents which don’t provide for same-sex couples. 

They live together and own an apparel business but they can’t nominate each other in health and life insurance policies. However, they hoped that legal recognition of same-sex marriages, that is, getting the right to be considered equal partners would have given them a host of rights that are available as a result of legal marriages. 

Dejected by the judgement, Srivastava lamented, “If SC has no power, why did they entertain these hearings for six months? They’ve not taken a single step forward.” 

She argued that instead of giving such a verdict, the court shouldn’t have entertained the case as people against same-sex marriages are happier. Srivastava continued, “There has been no change [in our legal status] since Nibedita and I got married. Why is it a third party’s concern what my relation to my spouse is, or what inheritance I get from my family? They shouldn’t have entertained the case, because today, the people [against our marriage] are just happier. I am feeling less human.” 

Their sentiments were echoed by a Vadodara-based LGBTQIA+ activist Maya Sharma who was also a petitioner in the case. She lives with her partner in Vadodara. She claimed that the verdict was just a repetition of previous judgements and it was nothing more than sound and fury with no substance. 

Sharma said, “It’s full of sound and fury signifying nothing. What the judges said has already been stated in the NALSA verdict and the 2018 verdict, there is nothing new in it. The ball is back in the court of the central government and we all know what they feel about it.” 

She added that she has been involved in activism for the past few decades and doesn’t believe in the institution of marriage. However, she believed that a favourable verdict would have been a strong step towards equality. 

Maya Sharma asked, “One of the judges said that this will adversely affect women. Are we not women? Don’t rights of lesbian women count?” 

Udit Sood practices law in the US and he boarded a 20-hour long flight from Los Angeles to hear the SC judgement. However, he added that he wasn’t prepared for the disappointment. He claimed that he wanted to highlight how queer citizens are compelled to leave the country because they are denied equal rights. 

Fellow petitioner, Saattvic, an economist who settled in Canada, feels his decision to leave the country in 2020 stands vindicated now. He stated that it’s heartbreaking that his own country doesn’t take him as he is. 

Sood said, “I was optimistic. But this is devastating. In earlier judgments involving heterosexual couples, the Supreme Court said marriage is a fundamental right, one that is “integral” to the right to life. Now, with queer couples before it, the Court opted to reverse itself and effectively said ‘never mind, there’s no such right at all’.” 

However, a Kolkata-based lesbian activist Malabika, who has been in the field of queer activism for over three decades, chose to emphasise the positive aspects discussed during the hearing. 

Malabika said, “As a petitioner, I am disappointed. But I want to focus on the fact that there were a lot of things that were highlighted in the verdict that had not been talked about before. The CJI, for the first time, spoke about the violence of natal family and said that there is not only one kind of family. He recognised that there is migration due to discrimination and persecution in the queer community. I feel this gives us a platform to regroup and strategise our next course of action.” 

Just like Malabika, Filmmaker Aditi Anand didn’t lose hope. She met her partner Susan Dias at a queer book club more than a decade ago. They then shifted cities, adopted a child, and raised a dog together. 

After hearing the verdict, Anand expressed her disappointment but she still was hopeful. She summed up by saying, “If we haven’t won today, it doesn’t mean we have lost, only that some battle is still to be fought.” 

Nepal caught in China’s debt trap over Pokhara airport deal: Report

ANI
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Nepal caught in China’s debt trap over Pokhara airport deal: Report

In the shadow of the magnificent Himalayas, Pokhara, Nepal’s scenic paradise, welcomed a Sichuan Airlines flight from China in June, marking a momentous occasion for the city. The newly constructed international terminal at Pokhara’s airport, a project largely financed and executed by Chinese companies, had finally become operational. However, beneath the surface of this grand opening lay a complex and unsettling reality – one that highlighted China’s controversial infrastructure influence and its geopolitical rivalry with India, The New York Times reported.

For over four decades, Nepal had aspired to establish an international airport in Pokhara, envisioning it as a catalyst for transforming the city into a global tourist destination. Unfortunately, the project had languished due to political instability, bureaucratic challenges, and financial difficulties. That was until China stepped in to fill the void, furthering its quest to create an alternative sphere of influence, challenging American dominance on the global stage. Nepal, located south of China and with close ties to India, represented an enticing geopolitical prospect.

The airport’s construction was a part of China’s grand ambitions, aligning with President Xi Jinping’s signature infrastructure campaign, the Belt and Road Initiative (BRI), which promised substantial investments in infrastructure projects worldwide. However, Nepal discreetly rejected the notion that the Pokhara airport was a part of the initiative. This discrepancy propelled the airport into a diplomatic tug-of-war between China and India, according to The New York Times.

While dozens of countries, including Nepal, convened in Beijing for the 10th-anniversary celebration of the Belt and Road Initiative, China’s overseas development endeavours were under scrutiny for their exorbitant costs and poor-quality construction. The Pokhara airport exemplified the perils that came with importing China’s infrastructure-at-any-cost development model, disproportionately benefiting Chinese firms at the expense of the borrowing nation.

China CAMC Engineering, the construction division of state-owned conglomerate Sinomach, played a pivotal role in the Pokhara airport project. It imported building materials and machinery from China, and the airport itself was brimming with Chinese-made security and industrial technology. Despite China’s claims about the project’s quality, an investigation by The New York Times revealed an unsettling narrative.

Multiple individuals involved in the project and a thorough examination of thousands of documents indicated that China CAMC Engineering had consistently dictated terms to maximize profits and protect its interests. Simultaneously, it systematically dismantled Nepali oversight. As a consequence, Nepal found itself entangled in significant debt to Chinese creditors without the expected influx of passengers to repay the loans.

Before construction commenced, Nepal’s finance minister had signed a memorandum of understanding supporting CAMC’s proposal in 2011, even before an official bidding process had started. The Chinese loan agreement exclusively allowed Chinese firms to bid for the project. CAMC initially submitted a bid for USD 305 million, nearly double Nepal’s cost estimate for the airport. This drew criticism from Nepali politicians, who accused the process of being rigged and the price inflated. Following the outcry, CAMC lowered its bid to USD 216 million, reducing the cost by approximately 30 per cent.

In 2016, China and Nepal formalised a 20-year agreement for the project, with a quarter of the funding provided as an interest-free loan. Nepal intended to borrow the remainder from China’s Export-Import Bank at a 2 per cent interest rate, with repayment scheduled to begin in 2026.

As construction progressed, glaring issues came to light. The Civil Aviation Authority of Nepal was responsible for overseeing the Chinese contractor, but the lack of experienced personnel, combined with the inadequate allocation of funds for consultants, hampered the project. Initially earmarked at USD 2.8 million, the budget for hiring consultants to ensure CAMC’s compliance with international construction standards was eventually reduced to a mere USD 10,000, diverting funds elsewhere.

This lack of oversight allowed CAMC to initiate work before consultants were in place and perform construction work that did not meet international standards. Key components, such as soil density tests for the runway’s foundation, were omitted, jeopardising the runway’s future stability. Other oversights included the airport’s drainage system design, ignoring historical rainfall data and sloping topography, increasing the risk of flooding. The quality of Chinese-made building materials and the identity of vendors were inadequately documented, contravening the terms of CAMC’s contract with Nepal, as reported by The New York Times.

While consulting efforts were expected to oversee CAMC’s work, the Chinese company managed to sidestep consultants and interact directly with Nepali officials who had limited construction experience. Any efforts to seek additional information or documentation were often fruitless.

China’s Export-Import Bank had commissioned China IPPR International Engineering, a consulting firm, to ensure the quality, safety, and schedule of the project and to confirm Nepal’s satisfaction with CAMC’s work. However, the situation grew murkier in 2019 when CAMC acquired IPPR, turning it from a sister company into a direct subsidiary. IPPR’s fees came from Nepal as part of its loan from the Chinese bank.

Chinese engineers working on the project claimed that they were instructed not to scrutinise CAMC’s work closely, with a focus on delivering an airport rather than a “chicken farm.” Furthermore, allegations surfaced that documents related to the qualifications of IPPR’s workers in Pokhara had been falsified. In some cases, even employee credentials were manipulated. Such practices revealed a disconcerting disregard for transparency and accountability.

CAMC and IPPR remained unresponsive to inquiries and requests for comments about their involvement in the Pokhara airport project.

In a troubling incident, Zhu Zhanfeng, the project site manager for the contractor, boasted about the airport’s adherence to the “Chinese standard,” the New York Times reported.

Yet, what went unmentioned was a tragic incident involving Zhu from three years earlier. In 2019, Zhu struck and killed a pedestrian in Pokhara following a night of drinking. Police suspected he was intoxicated when he hit Deu Kumar Tamang, who was walking in a crosswalk. Tamang’s tragic death led to a contentious compensation offer from CAMC, starting at 1 million Nepali rupees (approximately USD 7,500). When the family declined, CAMC offered to double the payment and provide space for a coffee shop within the new airport. Eventually, the family accepted the offer, with the condition that payment would only be made after Zhu’s release from prison.

However, allegations arose that CAMC sought to downplay the incident by arguing that Tamang had been drinking and had contributed to the accident. The case went to trial, with Zhu being found guilty of a “traffic death” and sentenced to four months in prison. This sentence, considered lenient by many, was further reduced to time already served, causing outrage among the victim’s family. Nabin Tamang, Deu Kumar Tamang’s brother, expressed disappointment in the justice system, perceiving it as prioritizing the project’s progress over seeking justice.

The opening of the Pokhara airport in January 2023 was marred by geopolitical tensions. The Chinese Embassy in Nepal declared the airport as “the flagship project” of China and Nepal’s Belt and Road Initiative cooperation, despite its pre-existing status. This declaration ignited a diplomatic dispute, with India’s scepticism regarding the Chinese initiative further complicating the situation, according to The New York Times.

As Pokhara airport struggled to attract international flights, especially from Indian airlines, Nepal’s aspirations for the airport were put in jeopardy. Buddha Air, Nepal’s largest airline, had requested permits for flights to India but awaited approval from the Indian government. A feasibility study commissioned by CAMC had projected passenger numbers that would enable the airport to repay its loans from profits, but as of now, no international flights have commenced.

Nepali officials have reportedly requested that China convert the loan into a grant due to the airport’s financial challenges, a matter discussed during Prime Minister Pushpa Kamal Dahal’s visit to Beijing in late September. The joint statement issued by China and Nepal during the visit acknowledged the completion and operation of the Pokhara airport but made no mention of plans to waive the loan.

The construction of Nepal’s Pokhara airport, primarily funded and executed by Chinese companies, has raised concerns about the quality of work, the manipulation of oversight, and the burden of debt on Nepal. Additionally, the airport’s association with China’s Belt and Road Initiative has ignited diplomatic tensions with India, making it challenging for the airport to attract international flights.

The Pokhara airport serves as a stark example of the pitfalls associated with importing China’s infrastructure development model, highlighting concerns about financial sustainability and transparency, all while fueling geopolitical rivalries in the region, The New York Times reported.

(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)

Luxury watches, gold, and over 100 crore unaccounted cash: IT raids on contractors in Karnataka

OpIndia Staff
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Luxury watches, gold, and over 100 crore unaccounted cash: IT raids on contractors in Karnataka

On 12th October, the Income Tax Department launched an anti-corruption operation which ended on 15th October, during which, it raided 55 locations across Bengaluru and several cities in Telangana, Andhra Pradesh, and Delhi. The raids were carried out on properties related to some government contractors, real estate developers and their associates across these four states. 

According to a statement by the Central Board of Direct Taxes (CBDT), the operation conducted by the Income Tax department resulted in the seizure of a staggering Rs 94 crore in cash, alongside gold and diamond jewelry valued at over Rs 8 crore. CBDT added that approximately 30 luxury foreign wristwatches were also discovered during these raids.

The CBDT, which is IT department’s policy making body, also informed that substantial amount of “incriminating” evidence were also recovered during these raids. This included loose sheets, hard copies of documents, and digital data that were seized from the entities and their associates under scrutiny.

On condition of anonymity, an official said, “The raids that started on Thursday at 25 places belonging to two major infrastructure companies expanded to 45 places by Saturday evening.” 

He added, “A total of 45 locations were searched till Friday while ten more places were raided and searched on Saturday. On Saturday, the third day of the operation, an architect and a gymnasium owner’s house was raided from where Rs 8 crore in cash was seized. With this, the total amount of cash seized has crossed Rs 50 crore.” 

During another series of raids, the IT team confiscated Rs 94 crore in cash, along with gold and diamond jewelry valued at Rs 8 crore and 30 luxury watches. These raids were aimed at government contractors and real estate developers in Karnataka and several other states.

A source privy to the information said, “The income tax wing alleged the involvement of contractors in reducing their income through inflated expenses such as booking bogus purchases, making non-genuine claims and asserting ineligible expenses. This led to the generation of unaccounted cash and creation of undisclosed assets.”

During these raids, one of the individual raided by the Income Department includes contractor R. Ambikapathy. He is the office-bearer of multiple contractors’ associations in Karnataka. It is noteworthy to mention that Ambikapathy gained prominence during a campaign led by the Karnataka Contractors’ Association before previous elections. The campaign had accused the previous BJP government of charging a ’40 per cent commission’ for State Government contracts. 

According to media reports, the IT department discovered cash worth more than Rs 42 crore concealed in 23 boxes beneath a bed in a flat at Sultanpalya where Pradeep, a close relative of contractor Ambikapathy, lived.

Following the raids, multiple contractors said that Ambikapathy had not been taking big contracts for almost 10 years now, due to his health issues. A senior contractor said, “He was not doing work to the tune that could get him large liquid cash, which has made us suspicious. It needs to be probed as to whose money it was.”

In wake of the IT raids and seizures worth more than Rs 100 crores, BJP’s state president, Nalin Kumar Kateel alleged that the seized money was linked to the Congress.

BJP says Congress High command gave Karnataka govt target of Rs 1000 crore to fund the party

After the seizures, opposition parties, including BJP, JD(S) and BRS, have alleged that Congress government in the state is collecting funds for upcoming state assembly elections in five states. Bharat Rashtra Samithi (BRS) alleged that the money was meant for spending in Telangana elections by Congress. 

JDS leader and Former Karnataka Chief Minister H D Kumaraswamy also alleged that the Rs 42 crore cash unearthed at contractor R Ambikapathy’s house by IT department was meant to be transported to Telangana. 

Similarly, the Bharatiya Janata Party (BJP) said that the Congress high command has given a target to its state government to ‘collect’ Rs 1,000 crore to fund the party. As per the allegations raised by the BJP, Congress was planning to send Rs 300 crore to Telangana, Rs 100 crore to Mizoram, Rs 200 crore each to Chhattisgarh, Rajasthan and Madhya Pradesh respectively.

Sharing a news reporting about the seizures, Union Minister Rajeev Chandrashekhar asserted that Congress leaders Rahul Gandhi, Siddaramaiah, DK Shivakumar and their cronies have amassed enormous wealth.

On 16th October, the BJP minister tweeted, “A few days it was only 42 crores and I had predicted it was tip of iceberg – and so it was. Tdy the cash, gold haul details came out and its 102 crores. Note the 40 luxury watches – perhaps siddaramaiahs 75 lac Hublot also stored with Ambikapathy & “contractors”. Rahul, Siddaramaiah, DK Shivkumar and their cronies are like a bottomless pit of loot – more you dig, the more you unearth.”

BJP leader CT Ravi said, “We had earlier alleged that the state (Karnataka) would be an ATM for the Congress Government. That has turned out to be true. The truth will come out after enquiry. We are demanding a CBI inquiry.”

Video of Muslim men offering namaz in public in Junagadh’s Uparkot goes viral, police launches probe

OpIndia Staff
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Video of Muslim men offering namaz in public in Junagadh’s Uparkot goes viral, police launches probe

In Gujarat, people often offer namaz in public places. Several such incidents have occurred at Vadodara’s Maharaja Sayajirao Gaikwad University (MSU) in the past when many Muslim students were caught offering namaz on campus. One such case has come to the fore from the Junagadh district of Gujarat, where eight Muslims in Uparkot offered namaz in public, a video of which has gone viral, triggering outrage.

According to a report in Sandesh Samachar, the incident took place on Sunday (15th October). 8 people offered namaaz in public near Adi Kadi Vav in the historic place of Junagadh, Uparkot, after which photos and videos of the incident went viral. The Junagadh police also took cognizance of the incident and stepped up to take action. The police started an investigation about this in Uparkot.

The police had requested CCTV video from the Uparkot administration in connection with the incident of offering namaz in Upper Kot. The administration, however, refused to share the CCTV footage. The police are actively looking into the matter.

Muslim youths attempted to disturb peace in Uparkot, a historical site near Junagadh, by offering Namaaz in public, the reports said. Later, the Bajrang Dal protested in this regard. Bajrang Dal’s Gujarat region coordinator Bhavesh Thakkar commented on the matter and said, “Land jihad has been started by Jihadi-minded regionalists near Adi Kadi Vavni in Uparkot, a historical heritage site within Junagadh. The Bajrang Dal strongly opposes the mentality of offering namaz in a public place inside the Uparkot.”

Also, the Bajrang Dal now has requested to perform a mass Hanuman Chalisa recital at 6 p.m. on Wednesday (18th October) in Uparkot.

Muslims attacked Police in Junagadh

It should be noted that violence erupted in Junagadh on June 16, when a mob of about 500 Muslims attacked the police. In fact, the Junagadh Municipal Corporation sent notices to eight religious locations, including temples and the Dargah near Majewadi Gate. After receiving the notice, the Muslim community began congregating at Gebanshah Dargah near Majewadi Gate in the evening.

As more mobs gathered on the evening of the 16th of June, the police tried to calm them and encourage them to try to resolve the situation through dialogue, but around 10 p.m., the mob attacked the police personnel and also targeted the nearby vehicles. The crowd also threw stones at the bus. A Hindu man was killed in the violence, while four police personnel were injured. OpIndia’s complete coverage of the Junagadh violence can be read here.

Prayer events at MSU

It should be mentioned that, just as photographs of Namaz being offered in public have become commonplace in Junagadh, similar pictures have emerged from Vadodara’s Maharaja Sayajirao University (MSU) in the past. The Muslims in the University were seen offering Namaaz in public in the institution.

Not long ago, MSU reported a similar event in which three Muslim teenagers wearing skull caps offered public prayers near the Shiva temple. The video of the incident had gone viral, triggering outrage.

Prior to this, a video was released in January in which a Muslim girl wearing a chadar was praying in public. Earlier, a Muslim man and woman offered Namaaz outside the same university’s Sanskrit faculty, and the video of the same had gone viral.

Earlier in December 2022, a video of two Muslim students offering namaz outside the university’s commerce faculty had gone viral. The investigation proved that they were both students at that faculty.

4 fundamental issues, directives to the govt and what each judge said: Breaking down the 3-2 Supreme Court judgement rejecting the legalisation of same-sex marriage

Dibakar Dutta
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4 fundamental issues, directives to the govt and what each judge said: Breaking down the 3-2 Supreme Court judgement rejecting the legalisation of same-sex marriage

On Tuesday (17th October), a 5-judge Constitutional Bench of the Supreme Court refused to recognise same-sex marriage in India in a split 3-2 verdict.

The matter was heard by Chief Justice of India (CJI) DY Chandrachud, Justices S Ravindra Bhat, Sanjay Kishan Kaul, Hima Kohli and PS Narasimha for a total of 10 days, following which they reserved their verdict on 11th May this year.

Although the petitioners initially challenged the Hindu Marriage Act, the Foreign Marriage Act and the Special Marriage Act (SMA), the apex court decided to not touch the personal laws and confine the case to the inclusion and recognition of same-sex marriages under the SMA [pdf].

Supreme Court on same-sex marriages

The petitioners had argued that the legislation in its current form discriminates against non-heterosexuals (referring to LGBTQIA+) and demanded social security and welfare measures for ‘same-sex’ and ‘queer’ couples.

Dissenting Verdict

At the very onset, CJI DY Chandrachud noted that marriage is an evolving institute and that the Parliament has brought in laws from time to time to reflect changes (despite opposition from several sections of the society).

He conceded that marriage is not a ‘fundamental right’ but held that restrictions on same-sex marriages would violate Article 15 (protection against discrimination) and Article 21 (protection of life and personal liberty) of the Indian Constitution.

The CJI stated, “The need to form part of family is a core part of the human trait and is important for self-development…For the full enjoyment of such relationships… such unions need recognition and there cannot be denial of basic goods and services. The State can indirectly infringe upon the freedom if it does not recognize the same.”

“The ability to choose a partner goes to the root of the right to life and liberty under Article 21…This Court has recognized that queer persons are not discriminated upon and their union cannot be discriminated against based on sexual orientation and material and services flowing to heterosexual couples and denied to them will be a violation of the fundamental right. The word sex cannot be read without social and historical contexts. Restriction to their union based on sexual orientation will be a violation of Article 15 of the constitution,” he added.

Dy Chandrachud further stated that sexual orientation cannot be a ground to deny ‘union’ (marriage) and ruled that both queer and trans individuals have the right to marry under the existing law.

His dissenting verdict was also supported by Justice SK Kaul, who too ruled in favour of recognition of same-sex marriages. “I recognize this as civil unions. I agree with the judgement of CJI…These unions are to be recognized as a union to give partnership and love…Legal recognition of same sex unions is a step towards marriage equality…Let us preserve the autonomy so long as it does not impinge on others’ rights,” he observed.

Majority verdict

The majority verdict against the recognition of ‘same-sex marriage, under the Special Marriage Act (SMA), came from Justice Ravindra Bhat and Justice PS Narasimha. Justice Hima Kohli supported the judgement of Justice Bhat.

Justice Ravindra Bhat upheld that marriage in itself is not a fundamental right and that the institution has been historically based on customs such as Muslim personal law, the Shariat Act, and the Karaj Act.

“Civil marriage and such relationships cannot exist in absence of a statute. There is a paradox which runs deep in court’s mind and the intervention of State has to be through State action and be compelled by the agency of this court,” he observed.

Justice Bhatt added that queer people have the right to choose a partner, enjoy privacy and live with dignity but their marriage cannot be recognised in the absence of codification.

“Right to cohabit cannot lead to setting up of an institution…Ordering a social institution or re-arranging existing social structures would require the construction of a new code and also require marriage laws concerning alimony etc…We cannot agree with CJI tracing union to freedom of speech and expression and the positive obligations,” he ruled.

He concluded, “What petitioners seek is not lost on us… desire for social acceptability is known but the means to achieve the means should be constitutionally sound. If we leave it to the wind then it may have untold consequences and while moulding relief, we should not be led astray as we are blinded by the glow.“

Justice PS Narasimha also agreed with the verdict of Justice Ravindra Bhatt. “I agree with the opinion of Justice Bhat. Marriage equality for LGTBQIA never arose in this court and thus no precedent,” he noted.

He also conceded that marriage is not a fundamental right and that the social institution is ‘conditioned with legislative intervention’.

Justice PS Narasimha also added, “CJI locates right to union in Article 19, 21 of the constitution. For me, there is no such right in these articles. CJI recognizes tangible and intangible benefits… in other words, marriage however fundamental for life does not make it fundamental and similar with civil unions.. thus i dont agree with the same.”

Conclusion

As such, the all-out effort to legalise ‘same-sex marriage’ and its inclusion within the ambit of the Special Marriage Act was turned down by a 3-2 verdict.

Supreme Court on Adoption

The apex court also decided on whether same-sex couples could legally adopt a child under the existing framework and guidelines of Central Adoption Resource Authority (CARA), a statutory body under the Union Ministry of Women & Child Development.

Dissenting judgement

The Chief Justice of India ruled in favour of adoption for same-sex and queer couples in his dissenting judgement. He criticised the guidelines laid down by the CARA for supposedly perpetuating stereotypes against the queer community

“CARA regulation 5(3) discriminates between partners in atypical unions. It will disproportionately effect non heterosexual couples and thus an unmarried heterosexual couple can adopt but this is not the same for the queer community,” he stated.

The CJI further added, “The law cannot make an assumption about good and bad parenting and it perpetuates a stereotype that only heterosexuals can be good parents. Thus the regulation is held to be violative of (the rights of) the queer community.”

It must be mentioned that CARA Regulation 5(3) prevents the adoption of a child by couples unless they can exhibit that they have a stable marital relationship of at least 2 years. The exceptions include relatives and step-parents only.

Justice DY Chandrachud ruled that such a provision somehow violated Article 15 (protection against discrimination) of the Indian Constitution. Justice SK Kaul also agreed with his verdict.

Majority judgement

The remaining three Judges of the Constitution Bench ruled against adoption of a child by same-sex and queer couples.

At the very onset, Justice Ravindra Bhat made it clear, “We disagree on the Adoption aspect (with the CJI). It is not to say that unmarried or non-heterosexual couples are to be parents…when a couple separates a de facto family often plays out. “

He added, “Given the objective of section 57, State as parens patriae has to explore all areas and ensure all benefits reach the children at large in need of stable homes…To create an overarching obligation upon the state is not rooted in any past decision or jurisprudence.

He along with Justice PS Narasimha refused to declare CARA regulations as void. Justice Hima Kohli agreed with Justice Bhatt’s view.

Conclusion

Much to the dismay of the petitioners, the Supreme Court rejected the demand of same-sex couples to adopt children in a 3-2 split verdict.

Apex Court on the validity of Special Marriage Act

Chief Justice of India DY Chandrachud ruled, “If it is held void, it will take India back to the pre-independence era, clothed in social inequality and religious intolerance and eradicating one ill at the cost of another.” He also added that it is important for the court to steer away from ‘judicial legislation.’

The CJI noted that only the Parliament can bring about change in the Special Marriage Act. “Whether a change in SMA is needed is for the Parliament to ascertain and the Court must be careful to enter into the Legislative domain,” he concluded.

Justice SK Kaul said, “SMA postulates a special form of marriage and thus it provides a secular form of marriage…I agree that entitlements flowing from marriage are regulated by regulations and laws and tinkering with SMA will have a cascading effect. I agree with SG Mehta.”

Justice PS Narasimha and Justice Ravindra Bhat also upheld the constitutionality of the Special Marriage Act.

“A general interpretation of SMA is not equitable at times and can lead to women being led to vulnerabilities. The purpose of terms like wife, husband, etc. is aimed to protect the vulnerable and the women facing domestic violence is there to ensure they receive justice,” Justice Bhat ruled.

“Similarly, issues like bigamy or the prohibited relationships use gendered terms. Thus interpreting the SMA as desired would render it unworkable,” he added.

Conclusion

All the Judges of the Constitutional Bench upheld the validity and constitutionality of the Special Marriage Act and its provisions.

Directives issued by the Supreme Court to the government

Although the majority of Judges ruled against the recognition of same-sex marriages (3:2) in the current framework, all of them sought the intervention of the Legislature to protect the dignity, privacy and right to choice of same-sex and queer couples.

DY Chandrachud

The Chief Justice of India directed the Union, States, and Union Territories to ensure that the queer community is protected against discrimination in the supply of goods and services. He added that the public must be sensitised to prevent harassment of any kind.

He called for the establishment of safe houses in all areas, the prevention of sex change operations for minors and the recognition of individuals as ‘queers’ without the precondition of ‘hormonal therapy’

The CJI also directed the State, Union and UTs to allow queers to avail of all State benefits and asked the police to prevent their harassment, owing to their ‘gender identity.’

He also made references to the Solicitor General Tushar Mehta and the latter’s assurance to set up an expert committee under the supervision of the Union government to provide welfare measures and social security to the queer community.

Justice SK Kaul

The Judge demanded a separate law to tackle the ‘discrimination’ against the LTBTQIA+ community.

He stated, “There needs to be an anti discrimination law and for any discrimination court cannot look at only one form of discrimination. it is needed with a look at the inequalities which has perpetuated and the next step is to examine the framework itself. Legal recognition means social acceptance.. and through legal recognition, queer persons can be seen and heard more.“

Justice Ravindra Bhatt

Justice Ravindra Bhatt, who was part of the majority judgement, directed, “State shall ensure compliance with the judgement that choice of queer to cohabit is not interfered with. State shall take steps that queer and transgender are not subjected to involuntary medical procedures...State shall ensure compliance with the judgement that choice of queer to cohabit is not interfered with.“

Justice PS Narasimha

“A review of the impact of legislative framework in this case requires deliberative exercise and for the same the legislature is entrusted to do so constitutionally,” Justice PS Narasimha ruled.

AirAsia CEO shares shirtless picture of himself receiving a massage while chairing a management meeting, gets slammed for being ‘inappropriate’

OpIndia Staff
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AirAsia CEO shares shirtless picture of himself receiving a massage while chairing a management meeting, gets slammed for being ‘inappropriate’

The CEO of AirAsia, Tony Fernandes, shared a shirtless photo of himself presiding over a management meeting on his LinkedIn profile on Monday, October 16. He bragged about his company’s work culture which allowed him to get a massage and attend a management meeting simultaneously, shirtless. Tony Fernandes deleted the post on Monday evening after he received flak from Netizens for indulging in such ‘inappropriate’ and ‘disgusting’ behaviour.

Sharing a shirtless picture of himself taking a massage while conducting a virtual management meeting, the AirAsia CEO captioned his post, “Was a stressful week and Veranita Yosephine suggested a massage. Got to love Indonesia and AirAsia culture that I Can have a massage and do a management meeting.” He added, “We are making big progress and I have now finalized Capital A structure. Exciting days ahead. Proud of what we have built and never have lost sight of the finish.”

The AirAsia CEO’s efforts did not go down well with social media users who fumed at his ‘disgusting’ and ‘inappropriate’ behaviour.

A LinkedIn user commented on the post saying, “I don’t think the women in your company would feel comfortable or safe in this context, and given you’re the boss, they likely won’t challenge you or say anything. Please for their sake, listen to the comments you’ve deleted on this post. You are clearly a smart leader that cares about culture but this isn’t the way to create a supportive, safe one..”

Another user remarked, “What kind of example you are setting for generations to come and even for those who look up to you, I don’t think it’s appropriate to have an official meeting in such a manner.”

“Work at AirAsia, where meetings are as gross as our passenger experience. You have managed to capture everything from inappropriate entitlement to exemplary C Suite tone-deafness in a single image. Bravo!” a user added. 

A person commented, “I’m not sure how to react here. But I think there are 100 better ways to show off your company culture, and this stood out the most least.”

Later the same evening, Tony Fernandes deleted his post. Since the post was shared on the platform, it has garnered hundreds of comments condemning its inappropriateness.

‘Tear Digvijaya Singh’s clothes’: Kamal Nath incites supporters as rift within Madhya Pradesh Congress over ticket distribution widens

OpIndia Staff
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‘Tear Digvijaya Singh’s clothes’: Kamal Nath incites supporters as rift within Madhya Pradesh Congress over ticket distribution widens

Ahead of the Madhya Pradesh assembly elections, the internal rift within the Congress party’s state unit appears to have widened as former chief minister Kamal Nath called on his supporters to ‘tear’ clothes of senior leader Digvijaya Singh.

The remarks were made in response to the protests staged by supporters of Veerendra Raghuvanshi, who, despite their discontent, had not been selected as a candidate for the Shivpuri constituency.

In the midst of the demonstration, Kamal Nath was seen urging the protesters to symbolize their protest by tearing the attire of senior Congress leaders, Digvijay Singh and Jayvardhan Singh. He stated, “My preference remains for Veerendra Raghuvanshi to be nominated. I have conveyed this to Digvijaya Singh and Jayvardhan Singh, but it appears there’s a misunderstanding. Now, I urge you all to express your discontent by tearing the clothes of Digvijaya Singh and Jayvardhan Singh.”

The remarks have touched off discussions within the political realm of Madhya Pradesh, prompting reactions from numerous leaders, many of whom view it as a manifestation of the internal bickering underway within the Congress party, but was kept under wraps thus far to prevent fuelling resentment within the party cadres.

Singh has also reacted to Nath’s remarks, trying to dismiss the latter’s statement as internal ‘disagreement’ within a political party. In reply to the video, Digvijay Singh shared a message on social media, stating, “In a large family, there can be both collective joy and collective disagreements. Wisdom dictates that the elders should patiently address these differences. God blesses those who unite their hearts and efforts.”

Following the election victory in Karnataka, the Congress had thought the Madhya Pradesh assembly polls would be a cakewalk. But that assessment has gone for a toss as the party faces the spectre of internecine conflicts and competing ambitions that threaten to undermine its electoral prospects and performance in what is pegged to be a closely-fought polls.

Notably, political analysts view this event as something that could exacerbate the existing divisions within the Congress party, potentially undermining its aspirations of regaining power in Madhya Pradesh. Already, the BJP, under the rule of Shivraj Singh Chouhan, is leaving no stone unturned to woo the state votaries with new schemes and announcements; highlighting the developmental work completed in its reign and pointing out the lack of unity among the Congress party as different factions openly vie for power and influence.

UN Security Council rejects Russian resolution calling for a ceasefire in Israel-Hamas war: USA and UK ask Russia to condemn Hamas first

ANI
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UN Security Council rejects Russian resolution calling for a ceasefire in Israel-Hamas war: USA and UK ask Russia to condemn Hamas first

The United Nations Security Council has rejected a Russian resolution calling for a humanitarian ceasefire of the conflict between Israel and Hamas as the draft did not get a minimum number of votes to be passed.

Russia had proposed a resolution calling for a humanitarian ceasefire in Gaza. The Russian-led draft resolution received five votes in favour – China, Gabon, Mozambique, Russia, and the United Arab Emirates.

Four nations – United Kingdom, United States, France and Japan on Monday voted against the draft resolution. France, US and UK voted against the resolution over its failure to condemn Hamas for its attacks on Israel.

Six nations – Albania, Brazil, Ecuador, Ghana, Malta, and Switzerland abstained from voting on the resolution. Notably, the resolution would be have needed nine votes in favour to proceed.

US Ambassador Linda Thomas-Greenfield stated that US could not support the Russian draft resolution as it ignored Hamas’ attack on Israel and dishonoured victims. Linda Thomas-Greenfield said, “By failing to condemn Hamas, Russia is giving cover to a terrorist group that brutalizes innocent civilians. It is outrageous, hypocritical and indefensible.”

She condemned Hamas for killing civilians and taking hostages, including US citizens and slaughtering families. US envoy said that people of Gaza are facing dire humanitarian crisis djue to the actions of Hamas. She said, “We cannot allow this Council to unfairly shift the blame to Israel and excuse Hamas for its decades of cruelty.”

UK’s Permanent Representative to the United Nations Barbara Woodward said she voted against the draft resolution as she cannot support a document which fails to condemn Hamas terror attacks. She called it “unconscionable” for the UNSC to ignore the largest terror attack in Israel’s history.

France’s Permanent Representative to the UN Nicolas de Riviere condemned Hamas’s attack on Israel and nderscored the need to protect Israel’s security and its right to defend itself. He stated that France voted against the draft as it lacked “several essential elements.”

Israel’s Permanent Representative to the UN Gilad Erdan said the Security Council is facing “one of the most pivotal moments in its history, a turning point, a moment of truth, that demonstrates whether it holds legitimacy and whether the United Nations has a moral compass.”

Erdan called on the UNSC to designate Hamas as a terror organization, hold it fully responsible for what’s happening in Gaza, uphold Israel’s right to defend itself.

Switzerland’s Permanent Representative to the UN Pascale Baeriswyl condemned the indiscriminate attacks and hostage-taking perpetrated by Hamas against Israel. She deplored the deaths of thousands of civilians in Israel and Gaza. She said that Switzerland abstained from voting due to the lack of a clear reference to international humanitarian law, stressing: “Even armed conflicts have rules.”

Russia’s Permanent Representative to the United Nations Vassily Nebenzia expressed regret over UNSC’s failure to adopt the resolution and blamed the “selfish intention of the western bloc.”

Nebenzia said that the delegations of western nations “basically stomped” on global hopes for the Council to put an end to violence. He noted that the vote revealed countries which back ending the violence and providing humanitarian aid. He said that the Western nations have blocked the Council from “sending a unified message for purely selfish and political interests.”

Amid the ongoing conflict between Israel and Hamas, the Israel Defence Forces (IDF) said Hamas has stolen fuel and medical equipment from UN officers in Gaza, enough to fulfill water desalination in the Strip for six days.

“Today the United Nations revealed the true face of Hamas when they confirmed that Hamas stole fuel and medical equipment from UN officers in Gaza City. The amount of fuel stolen is enough to power Gaza’s water desalination for six days,” IDF spokesperson Rear Admiral Daniel Hagari said.

The IDF further alleged that the Hamas terrorists were using civilians as human shields in the ongoing counter-offensive against them in the Gaza Strip.

“Hamas is holding the people of Gaza hostage, cowardly, using them as human shields. Hamas is at war against humanity, not just Israel. They terrorize Jews and Arabs. They seek the deaths of Israelis and Palestinians. The Israel Defense Forces will destroy Hamas for the sake of Israel, Gaza, and the entire world,” he added.

Meanwhile, the terror group’s military spokesman, Abu Obeida, claimed that they were holding between 200 and 250 hostages in Gaza, the Times of Israel reported. In a televised statement, Hamas said about 50 others are being held by other “resistance factions elsewhere.”

(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)

No Gaza refugees will be allowed into Egypt or Jordan: King Abdullah says it is a ‘red line’, blames Israel in meeting with Scholz

OpIndia Staff
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No Gaza refugees will be allowed into Egypt or Jordan: King Abdullah says it is a ‘red line’, blames Israel in meeting with Scholz

As Israel issued evacuation orders to Gaza civilians, King Abdullah II of Jordan, on Tuesday, October 17, issued a stern warning against attempting to forcibly push Palestinian refugees into Egypt or Jordan.

Declaring it a ‘red line’, the Jordanian King asserted that certain usual suspects were trying to create de facto issues on the ground. Referring to Israel’s evacuation order, Abdullah asserted that neither his country nor Egypt would accept Palestinian refugees.

Speaking at a news conference following a meeting with German Chancellor Olaf Scholz in Berlin, he added that the humanitarian crisis in Gaza and the West Bank must be addressed inside Gaza and the West Bank.

“That is a red line because I think that is the plan by certain of the usual suspects to try and create de facto issues on the ground. No refugees in Jordan, no refugees in Egypt,” King Abdullah said.

He also cautioned that if the war between Israel and the Palestinian terrorist organisation Hamas is allowed to spill over into other nations, it will be disastrous for the Middle East.

After meeting Scholz, Abdullah declared that “the entire region is on the brink of falling into the abyss.”

“All our efforts are needed to make sure we don’t get there,” he said.

Meanwhile, quoting the Jordan King, Jordanian Foreign Minister Ayman Safadi also said that Jordan would not allow Palestinians to flee into Jordan.

Israel urges Gaza civilians to evacuate

On October 14, ahead of an impending major ground offensive in Gaza, the Israel Defense Forces (IDF) urged Gaza civilians to evacuate northern Gaza within 24 hours. IDF announced that it was completing preparations for “significant ground operations” in the Gaza Strip. According to IDF, they are preparing to “expand the offensive” by putting in place a “wide range of offensive operational plans” that would include “joint and coordinated attack from the air, sea and land.”

IDF International Spokesperson Lt Col Richard Hecht issued a video statement that urged civilians from the Gaza Strip to evacuate immediately. He emphasised that the objective of IDF is to protect the people of Israel from the ongoing attacks of the terrorist organisation Hamas, which had initiated the war with a brutal massacre.

Hamas-Israel war

On Tuesday (October 17), the conflict between Israel and the Islamist terrorists of Hamas entered its eleventh day. It is anticipated that the war will further intensify. While preparing to enter Gaza in pursuit of Hamas militants whose violent rampage across Israeli border communities on October 7 stunned the world, the Israeli Army vowed to “demolish Hamas.” Since it began last Saturday (October 7) over 1,300 Israeli civilians have been killed while over 3,300 have been injured. Several innocent Israeli civilians including the elderly and infants have been held hostage by the Hamas terrorists.

Israel launched a major offensive against Hamas in Gaza, restricting power and water supply and blocking essential goods from entering the region. Over 400,000 Gaza residents have been evacuated so far.

Meanwhile, India has launched Operation Ajay to evacuate Indians from Israel. Four batches of Indians have already been rescued. The first flight under Operation Ajay carried 212 Indian nationals. The second flight carried 235 Indian nationals.  The third flight carried 197 Indians. The fourth flight carried 274 Indians

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