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Gujarat govt honours the faith of Ambaji temple devotees, says both Mohanthal and Chikki will be offered as prasad

OpIndia Staff
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Gujarat govt honours the faith of Ambaji temple devotees, says both Mohanthal and Chikki will be offered as prasad

The ongoing Ambaji Temple prasad controversy has finally been settled, with the Gujarat administration deciding to honour the faith of the devotees and numerous Hindu organisations who were opposed to the decision to alter the prasad from mohanthal to chikki at the Ambaji temple.

The administration has now decided that the temple would continue to offer Mohanthal, the traditional prasad offering of mohanthal at the sacred Ambaji temple in Gujarat’s Banaskantha district. In addition, the temple would also offer ‘chikki’ as the second option for prasad.

The decision was taken at a meeting held in Gandhinagar today (March 14, Tuesday). The meeting was attended by members of Ambaji Mandir Trust led by temple Mahant Bhattji Maharaj, the Minister of State for Home Harsh Sanghvi and Health Minister Rishikesh Patel. Gujarat CM Bhupendrabhai Patel was also present at the meeting. It was decided to restart offering Mohanthal as prasad at the Ambaji Temple with immediate effect.

Following the meeting, Gujarat Health Minister Rishikesh Patel said, “Some devotees complained that Mohanthal, which was offered as prasad did not last long and that after a few days, moulds used to grow on it. However, following the resistance from the devotees, now the traditional prasad of Mohanthal will continue. The quality of Mohanthal will be improved. Additionally, Chikki prasad will also be offered as the second option.”

“This is a religious matter. For 35-37 years, Mohanthal was a part of the temple’s prasad system. The alteration was done in response to suggestions and complaints about the quality of Mohanthal. Now, we will strive to improve the quality based on suggestions received,” Rishikesh Patel added.

Meanwhile, Bhattji Maharaj, the temple’s head, also reiterated the decisions taken in the meeting. “The customary prasad of Mohanthal will continue in the Ambaji temple. The mawa and peanut’s sukhdi will be added as prasad. Distribution of prasad will start immediately.”

Notably, the Ambaji Temple administration had stopped offering Mohanthal as prasad after the temple on March 4, announced that Mohanthal, a traditional sweet Prasad, would be replaced with Chikki. Mohathan is a traditional sweet of besan (gram flour), sugar, ghee and milk. It is a traditional Gujarati sweet and has served as a prasad at many temples, including Ambaji temple, for many decades. Chikki is a brittle sweet made with jaggery and nuts, usually peanuts or sesame seeds.

The temple administration justified its decision by contending that the shelf life of Mohanthal was only 8 to 10 days. Meanwhile, ‘chikki’ comes with a longer shelf life and could be consumed for months. Moreover, it could also be bought online by devotees living far away and can easily be transported to states and countries, which is why, the authorities said, that a decision was taken to replace the Mohanthal with Chikki in prasad.

Hindu organisations and devotees oppose the decision

The announcement, however, met stiff resistance from devotees and Hindu organisations alike, who believe that the prasad of mohanthal, which has been served at the temple for decades, has traditional and sentimental value for the devotees. Posters have reportedly appeared in many locations urging that ‘Mohanthal’ be reintroduced as Ambaji ‘prasad,’ even though ‘Chikki’ can be an additional item.

Vishwa Hindu Parishad (VHP) also supported the demand to resume Mohanthal Prasad at the temple. VHP Gujarat General Minister Ashok Raval said in a statement that he met the government officials and they assured the Trust would sort the matter out. He expressed his displeasure over the statement issued by the Health Minister.

North Korea launches two short-range ballistic missiles into the Sea of Japan

ANI
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North Korea launches two short-range ballistic missiles into the Sea of Japan

A day after the start of an important military exercise between South Korea and the US, North Korea launched two short-range ballistic missiles from its west coast into the Sea of Japan on Tuesday, according to the South Korean military, reported Kyodo News.

South Korea’s Joint Chiefs of Staff was cited as saying in the daily that the missiles launched from Jangyon in South Hwanghae Province between 7:41 am and 7:51 am travelled 620 kilometres. According to the North’s state-run media and the JCS, the most recent launches came after North Korea launched two cruise missiles on Sunday from a submarine off the coast of Sinpo in the country’s east.

On Thursday, Pyongyang launched at least one short-range ballistic missile into the Yellow Sea from the western city of Nampo, denouncing US-South Korean military manoeuvres as “rehearsals” for war and invasion. Pyongyang had previously warned against the new exercise.

According to the South Korean and American forces, the 11-day Freedom Shield exercise–the first such springtime exercise in five years–is to improve response capabilities in light of North Korean nuclear and missile threats, read a report in Kyodo News.

Japanese Prime Minister Fumio Kishida told reporters in Tokyo that he has not heard of any harm occurring in Japan. Separately, Yasukazu Hamada, Japan’s defence minister, stated that based on information already available, the missiles had not come down inside Japan’s exclusive economic zone.

Ned Price, a spokesperson for the US State Department, justified the Freedom Shield exercise on Monday by claiming it is “purely defensive in character.”

Following the most recent missile launches, the US Indo-Pacific Command declared that North Korea’s “illegal” development of WMD and ballistic missiles had a “destabilising influence” on the region.

The command, referring to South Korea by its official name, said in a statement: “The US commitments to the defence of the Republic of Korea and Japan are firm.”

The JCS of South Korea called North Korea’s recent ballistic missile tests “severe provocations” not only to the peace and stability of the international community but also to the Korean Peninsula. It asked Pyongyang to stop right away.

The Central Military Commission of the ruling Workers’ Party of Korea met on Sunday, according to the official Korean Central News Agency of the North, and took “major practical steps” for more effective, potent, and offensive employment of the nation’s war deterrent weapons.

According to KCNA, the meeting, led by leader Kim Jong Un, deliberated on steps to take in response to the current scenario, in which the United States and South Korea’s provocations are crossing a red line, Kyodo News 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)

Meet Eric Garcetti – US prospective ambassador to India, who falsely cast aspersions on CAA and has ties with Chinese intel front groups

Dibakar Dutta
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Meet Eric Garcetti – US prospective ambassador to India, who falsely cast aspersions on CAA and has ties with Chinese intel front groups

Eric Garcetti, the former Mayor of Los Angeles (2013-2022), is slated to be the US ambassador to India. On March 8 this year, the Senate Foreign Relations Committee advanced his nomination for the diplomatic position with a 13-8 majority vote.

US President Joe Biden initially nominated Garcetti as US ambassador to India in July 2021. But when the former LA Mayor appeared before the Senate Foreign Relations Committee in December of that year, he made contentious remarks about the Citizenship Amendment Act (CAA).

On being asked about how he would deal with the ‘human rights situation’ in India, Eric Garcetti had remarked, “I intend to engage directly with civil society. There are groups that are actively fighting for human rights…They will get direct engagement from me.”

“These will not just be afterthoughts for me…I have fought for human rights on 4 different continents and will be a core part of what I will pursue with my Indian counterpart,” he had said then.

On being falsely told that the Citizenship Amendment Act will discriminate against the Muslim population in India, Eric Garcetti did not object but instead claimed that it would be a core agenda.

“I will not only just bring it up but it will not be something in the end as an obligation. It will be a core piece of what I will be engaging my Indian counterparts with…” he was heard as saying. Eric Garcetti thus alluded to the disinformation that CAA is discriminatory in nature.

This was despite the fact that the disinformation was debunked by then. But this did not stop the former LA Mayor to insinuate that the false claims about the humanitarian law are supposedly true.

It must be mentioned that the Citizenship Amendment Act was passed by the Indian Parliament to fast-track citizenship of religious minorities who fled from the neighbouring Islamic republics of Pakistan, Bangladesh and Afghanistan and settled in India.

Sexual harassment row and lobbying for the ambassadorship

Prior to his nomination for the position of US ambassador to India, Eric Garcetti was accused of being a mute spectator to sexual harassment committed by his top aide and advisor Rick Jacobs.

In July 2020 (almost a year before his nomination by the Biden administration), Los Angeles Police Department (LAPD) veteran named Matthew Garza filed a lawsuit about Garcetti being a witness to Jacobs’ routine sexual harassment of him and still not doing anything about it.

“Mayor Garcetti was present on many, if not most of the occasions when Jacobs made sexually inappropriate comments, but the Mayor took no action to stop the comments from being made or even identify the comments as being inappropriate,” he said in his complaint.

“On some occasions, the Mayor would laugh at Jacobs’ crude comments,” the victim had lamented. Journalist Yashar Ali, who too has been a victim of Jacobs’ advances, pointed out that other victims were also harassed in front of Eric Garcetti but he took no action against his confidante.

In November 2020, The Los Angeles Times published a picture wherein Rick Jacobs was seen putting his hand over a victim’s crotch and Eric Garcetti smiling in the vicinity.

So when the Biden administration officially nominated the former LA Mayor for the position of US ambassador to India, it was privy to allegations against Garcetti of being indifferent to sexual harassment in his own office.

Nonetheless, he was able to get away with it and his name was also cleared by the Senate Foreign Relations Committee for the diplomatic position in January 2022. However, things took a turn in March of that year when two senators, namely, Joni Ernst and Chuck Grassley put a hold on Eric Gracetti’s nomination.

Screengrab of the news report by Politico

After witnessing their son’s career in jeopardy, Politico reported that Eric Garcetti’s parents Sukey and Gil Garcetti came to his rescue. They hired a national lobbying firm (McGuireWoods Consulting) in April 2022 to advance his ambassador nomination in the US Senate.

While it took time for the dust to settle down, the move indeed paid dividends when the Biden administration re-nominated Garcetti for US Ambassador to India on January 3 this year.

When the matter came up before Senate Foreign Relations Committee this year, even the Opposition camp voted in his favour and advanced his nomination.

“It’s in our national security interest to have an ambassador immediately in place in India in order to balance China, work with the US throughout the Indo-Pacific…He has an imperfect resume, but the skills to succeed in this capacity,” Republican Senator Todd Young justified his decision to vote for Eric Garcetti.

Ties of Eric Garcetti with Chinese intel groups

As per an investigation conducted by Daily Caller News Foundation (DCNF), Garcetti has met with members belonging to several Chinese Communist Party (CCP) front groups.

These groups include the United Front Work Department (UFWD), the China Overseas Exchange Association (COEA) and the China Overseas Friendship Association (COFA).

The Daily Caller reported that Eric Garcetti received $2,00,000 (₹1.65 crores) from the Walter and Shirley Wang Charitable Foundation in July 2014 and $1,000,000 (₹8.25 crores) in 2020 to his ‘Mayor’s Fund for Los Angeles’ (which was set up in 2014).

Walter Wang also donated $1,400 (₹1.15 lakhs) to the 2017 mayoral reelection campaign of Eric Garcetti. Interestingly, Wang has served as the Executive Director of CCP front groups including COEA and COFA.

“We need to have relationships with government leaders…We want to influence the government leaders to make the right decisions so that we can be more competitive,” a close aide of Eric Garcetti quoted Wang as saying.

Coincidentally, Wang’s co-Executive Director at the Chinese intel groups, Dominic Ng, is also a close aide of Eric Garcetti. The organisation where Ng serves as CEO aka ‘East-West Bank’ has made a donation of $20000 to ‘Mayor’s Fund for Los Angeles’.

The Daily Caller has also unearthed Eric Garcetter’s meetings with Chinese intel group members, both in China and the United States. “The CCP’s United Front is playing the long game…” remarked Chinese intelligence expert, Ina Mitchell.

“They will donate to a politician and draw upon their well-established network of others who are compromised in the U.S. political establishment to help further the career of that politician in a direction that they can optimize — sometimes this is done over decades,” she further added.

Conclusion

Interestingly, the nomination of Eric Garcetti as US ambassador to India comes at a time when the country is heading towards its General Elections in 2024.

While some have suggested that ‘regime change’ operations are already underway in India with the help of foreign powers, his alleged close ties with Chinese intel groups have raised eyebrows.

As someone who has vowed to engage with ‘civil society’ and make sensitive subjects pertaining to India his ‘core agenda’, the authorities in the government must be wary of his designs.

Recently, the US embassy in India endorsed controversial radio jockey Sayema Rahaman for Women’s History Month. And it is now seen as a precursor to Eric Garcetti’s tenure in the country.

PFI members radicalised Muslim youth, trained them for terror activities, establish India as Islamic country: NIA chargesheet reveals

ANI
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PFI members radicalised Muslim youth, trained them for terror activities, establish India as Islamic country: NIA chargesheet reveals

The National Investigation Agency (NIA) has filed its first chargesheet in one of its cases against the banned outfit Popular Front of India (PFI) naming two accused from Rajasthan for driving a wedge between different communities in India through radicalisation and arms-training of gullible Muslim youth, training them in handling weapons and explosives and raising funds for carrying out acts of terror. 

On completion of a major part of the investigations into the case relating to the activities and agenda of violent extremism of PFI, the NIA filed the chargesheet on Monday against Mohammad Ashif alias Asif of Kota and Sadiq Sarraf of Baran in Rajasthan under sections 120B, 153A of Indian Penal Code and section 13, 17, 18, 18A and 18B of the Unlawful Activities (Prevention) Act 1967. This case was registered in September 2022 to probe the criminal conspiracy, which had been hatched by PFI leaders and cadres with the aim of driving a wedge between different communities in India through radicalisation and arms-training of gullible Muslim youth, training them in handling weapons and explosives and raising funds for carrying out acts of terror and violence with the ultimate objective of establishing Islamic Rule in India by 2047. 

The accused chargesheeted are trained PFI members who were involved in the recruitment and radicalisation of impressionable Muslim youth for the PFI for committing violent acts, said the NIA. 

“They were also found involved in organising Training Camps in the handling of weapons and explosives, instigating PFI cadres to pick up arms and raising funds for carrying out violent activities. They were also found actively promoting enmity between different religious groups in India and motivating the youth to resort to violent means to establish Islamic rule in the country,” said the anti-terror agency. 

The accused persons radicalised gullible Muslim youth by brainwashing them into believing that Islam was in danger in India and it was therefore essential for PFI cadres and the community to train themselves in the use of arms for protecting Islam and establishing Islamic rule in India by 2047, the NIA further said. 

The accused persons were collecting funds in the name of Zakat for the procurement of weapons and organising weapon and explosives Training Camps for PFI cadres, added the Central agency.

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

Drunk TTE urinates on a woman inside Amritsar-Kolkata Akal Takht Express, sent to judicial custody

OpIndia Staff
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Drunk TTE urinates on a woman inside Amritsar-Kolkata Akal Takht Express, sent to judicial custody

In a shocking incident, a drunk TTE(Travel Ticket Examiner) was caught urinating on a woman passenger aboard the Akal-Takht Express. The incident took place at midnight as the train was en route from Amritsar to Kolkata.

The woman who was travelling with her husband Rajesh Kumar, belongs to Amritsar. The incident happened Sunday midnight in the coach A1 of Akal Takht Express which was going from Amritsar to Kolkata, a GRP official said.

According to reports, the ticket checker, who was heavily intoxicated, stumbled into the woman’s compartment and proceeded to urinate on her. The woman started screaming in shock and immediately raised an alarm, attracting the attention of other passengers.

Passengers on the train quickly restrained the ticket checker and handed him over to the authorities upon arrival at the next station, which was Lucknow. The woman, who was traumatized by the incident, was provided with medical assistance and counselling.

Passengers expressed shock and dismay at the incident, stating that such behaviour was unacceptable and that strict action should be taken against the offender, who was identified as one Munna Kumar of Bihar. The railway authorities have launched an investigation into the incident and are working to ensure that such incidents are not repeated in the future.

Multiple incidents of urination on fellow passengers have been reported from flights, especially international flights where alcohol is served. This month a student on the American Airlines’ Delhi-JFK flight was apprehended for urinating on a fellow passenger. Last year, a drunk passenger was accused of urinating on an elderly woman inside a Delhi-New York Air India flight.

ED arrests former SDO Jairam Deshpande in Dapoli Sai Resort scam

ANI
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ED arrests former SDO Jairam Deshpande in Dapoli Sai Resort scam

Enforcement Directorate (ED) on Tuesday arrested former sub-divisional officer (SDO) Jairam Deshpande from Mumbai in connection to the alleged Dapoli resort case.

Earlier on Saturday, a Prevention of Money Laundering Act (PMLA) Court in Mumbai sent Sadanand Kadam, a close aide of Shiv Sena (Uddhav Balasaheb Thackeray) leader and former Maharashtra minister Anil Parab to Enforcement Directorate (ED) custody till March 15 in connection with the alleged Dapoli Sai Resort scam. 

ED had sought 14 days of custody of Kadam who was produced before the court on Saturday. ED told the court it issued three summons to Kadam since he did not appear before the agency.

ED said it took Kadam to its office and started recording his statement. The agency told the court that he was giving evasive replies.

The agency said in 2017 Anil Parab wanted to buy land hence he contacted Sadanand Kadam. Kadam allegedly helped Parab to buy the land and the deal was finalized at Rs 1.80 crore. Parab transferred Rs 1 crore through banking and Rs 80 lakh unaccounted cash through Vibhas Sathe.

“When we questioned Vibhas Sathe, he confirmed it. But when we questioned Sadanand, he denied such transactions. In May 2017, the transaction took place but the land was registered in 2019. They did not want to show that the land is with Anil Parab,” ED told the court.

In February this year, Kadam challenged the Income Tax department after it had provisionally attached Sai Resort under the Prohibition of Benami Property Transactions Act (PBPTA) in December 2022.

Anil Parab has a resort in Dapoli which is allegedly illegal and Parab is accused of corruption in building the resort.

In 2022, the ED also called Parab in the alleged money laundering case in the Dapoli resort case. It was alleged that the rules of the Union Environment Ministry have been ignored to build the resort, due to which the Environment Ministry declared it illegal and also complained about this in the Dapoli court.

Based on the same complaint, ED filed Enforcement Case Information Report (ECIR) and started an investigation into the matter.

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

Digital Forensics, Research and Analytics Center (DFRAC) brings to light Muslim Brotherhood’s conspiracy to defame India in name of protecting Prophet Muhammad

Anurag
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Digital Forensics, Research and Analytics Center (DFRAC) brings to light Muslim Brotherhood’s conspiracy to defame India in name of protecting Prophet Muhammad

The Digital Forensics, Research and Analytics Center (DFRAC) has uncovered a conspiracy by the Muslim Brotherhood to paint a bad picture of India under the guise of defending the honour of Prophet Muhammad.

The Muslim Brotherhood is an international Sunni Islamist organisation founded in Egypt in 1928 by Islamic scholar and schoolteacher Hassan al-Banna. In the DFRAC report, Dilshad Noor said that the organisation also runs a smear campaign against the Hindus who work in the Gulf countries.

The organisation claims to raise the issue of respect for Prophet Muhammed and Islamophobia on the international platform. In recent years, the members of this organisation have started targeting India.

In its investigation, DFRAC found three key figures involved in these activities. These persons are Dr Ali Al- Qaradaghi, Dr Sheikh Mohammed Al-Sagheer, and Muhammad Al-Hasan bin Al-Diddu Al-Shanqiti. DFRAC said these three are in the top positions in the group to run smear campaigns against India in the guise of protecting the image of Prophet Muhammad. All three of them are associated with the Muslim Brotherhood.

Al-Sagheer openly supported Al Qaeda terrorist Abdul Rehman, who was accused of assisting in the World Trade Centre bombing of 1993 that killed six people and injured 1042 people. He also launched a campaign against France. He was one of the key figures behind running the #Expulsion_of_Hindu_Labour campaign on social media.

As per DFRAC’s report, Al-Qaradaghi was also responsible for running anti-India campaigns online. He not only holds a lot of hate for India but regularly paints Hindus in a bad light. Al-Sagheer mainly targets Hindus. He runs campaigns against the relations between India and Muslim countries. Al-Shanqiti has appealed to Muslims worldwide to boycott India. He also demanded the removal of Hindus from Gulf countries.

Notably, in the first part of the report released in August 2022, DFRAC reported that India became the target of the propaganda by the Muslim Brotherhood after disinformation about former BJP spokesperson Nupur Sharma was propagated by the propaganda fact checker Mohammed Zubair of Alt News. DFRAC mentioned in its report that following the disinformation, anti-India campaigns ran in Arab and Gulf countries.

Muslim Brotherhood ran multiple campaigns to smear India’s image. For example, the official handle of the Support Prophet Muhammed campaign claimed that Hindus killed Afghan civilian Sufi Maulana Khwaja Syed Zarib Chishti in Nashik. In reality, he was murdered over a property dispute.

In another tweet, the handle claimed a Muslim woman was deliberately run over in India. The accident occurred after a person learning to drive a car accidentally hit a pedestrian.

The report also noted that anti-India campaigns ran across Muslim nations to boycott Indian products and deport Indian envoys after the Nupur Sharma incident.

As ecosystem tried to allege all was normal, 4 people arrested in Tamil Nadu for assaulting migrant workers

OpIndia Staff
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As ecosystem tried to allege all was normal, 4 people arrested in Tamil Nadu for assaulting migrant workers

On Monday, March 13, four persons, including two members of the Hindu Munnani outfit, were arrested for allegedly assaulting migrant workers in Tamil Nadu’s Coimbatore city, police officials said.

The arrests came after an alleged assault on migrant workers near the Mahaliamman Temple in Coimbatore on Sunday night. Police reports indicate that two of the suspects who were taken into custody were found to be intoxicated at the time of the incident. They have since been remanded to judicial custody.

Coimbatore Police Commissioner V Balakrishnan held a press conference yesterday in which he stated that four people, including two members of the ‘Hindu Munnani’ group, had been taken into custody for purportedly attacking migrant workers on March 12. According to Balakrishnan, all of the suspects were intoxicated during the incident, and a case has been registered against them at PS Variety Hall Road.

How ecosystem tried to disprove violence against migrant workers and project normalcy in Tamil Nadu

The arrests over an alleged attack against migrant workers took place in the wake of a concerted attempt by the Left ecosystem to discredit reports of attacks against migrant workers and project that everything was hunky-dory in Tamil Nadu, with no targeted attacks against people who had migrated from other parts of the country.

Mohammed Zubair, the co-founder of a leftist propaganda outlet Alt News and who is also infamous for instigating Sar Tan Se Juda violence across the country and dog whistling against Nupur Sharma, was among those who claimed attacks on migrant workers in Tamil Nadu were misleading and misreported.

Zubair also published an elaborate thread to project everything was normal in Tamil Nadu and there were no attacks against migrant workers from Bihar.

P Wilson, a Rajya Sabha member from Tamil Nadu, declared that all the “rumours” of attack against migrant workers in the state were an attempt to “disrupt the peace & harmony of TN, which is a paradise for people of all languages & religions”.

Several others pitched in, claiming that Tamil Nadu was always a “safe haven” and action should be taken against those who are asserting that migrants are facing attacks in the state.

Nikhil Waghle, a YouTuber, also endorsed the claims that everything is normal in Tamil Nadu and that the reports of attacks against migrant workers are fake and misleading.

Dilip Mandal, a columnist with The Print, praised Mohammed Zubair, whom he credited for debunking the “fake” claims of attacks against Bihari migrants in Tamil Nadu.

Tamil Nadu Chief Minister MK Stalin accused the BJP of spreading false information about the assault on migrant workers during an address on March 9. Stalin went on to declare that there have been no such instances in Tamil Nadu and that delegates from Bihar who had recently visited the state returned completely satisfied with their experiences.

Media reports and allegedly fake videos of attacks against Bihari migrant workers in Tamil Nadu stir a political furore

However, there were allegedly two fake videos in circulation on social media with claims that migrant workers in Tamil Nadu were discriminated against and subjected to violence on account of belonging to other states. The police filed an FIR against individuals for sharing the videos on social media.

While the reports of alleged attacks on Bihari migrants in Tamil Nadu had stirred a massive political furore, with FIRs being lodged against those who reported on the videos and claims made by the alleged victims, DMK’s poll strategist Prashant Kishor released a video stating that the attacks were real and should not be ignored by the Tamil Nadu government. He said that Tamil Nadu police and the ruling leaders of Bihar have disapproved of the incident calling it fake, but the attacks need to be looked into.

It is pertinent to note that a report by the Hindi daily Dainik Bhaskar that was published on March 2, 2023, had earlier claimed that as many as 15 people have lost their lives in “Talibani” style attacks being carried out against the Hindi-speaking migrant labourers in the state. However, the Hindi newspaper has retracted that report and now, in its updated version, presented testimonies of the migrant labourers who have said that they are fleeing Tamil Nadu because of the violence that has been unleashed on Hindi-speaking migrant labourers in the state because of their linguistic identity.

Supreme Court’s Constitution Bench to hear petitions on same-sex marriage, Centre says let Parliament decide. Here’s all you need to know

Ashish Dev Priy Ojha
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Supreme Court’s Constitution Bench to hear petitions on same-sex marriage, Centre says let Parliament decide. Here’s all you need to know

The Supreme Court on Monday directed that a bunch of petitions filed for recognition of same-sex marriages be referred to a five-judge Constitution Bench of the court. Hearing on this issue will begin on April 18.

The Government had earlier insisted that it is for the Parliament to decide on this issue because the ramifications of the outcome will impact society greatly and will chart the course of ‘how our society develops henceforth’.

A bench comprising CJI DY Chandrachud, and justices PS Narsimha and JB Pardiwala invoked the Apex court’s powers under article 145(3) to directly refer the matter to a five-judge Constitutional Bench citing that the petitions filed for recognition of marriage between people of the same sex raise important constitutional questions. The petitioners were represented by a battery of lawyers that included Senior Advocates AM Singhvi, NK Kaul, and Menaka Guruswamy.

What is the argument of the petitioners?

In the historical Navtej Johar case, the SC had decriminalized sex between persons of the same gender. The argument now is that a legal recognition of same-sex marriage is actually a corollary of the earlier judgment of SC. Abhishek Manu Singhvi, who appeared for some of the petitioners, said it is about “the right to love that the SC explained in its judgment decriminalizing same-sex relations is the right that makes us human”. He further said that “the consequential issues which follow from the decriminalization of Section 377 is that “the right to marry cannot be withheld from a class of persons solely on the basis of their sex, sexual orientation or gender identity”.

Senior Advocate NK Kaul who was appearing for some petitioners stated that the Special Marriage Act speaks about marriage between any two persons. He further said that in the Navtej Singh Johar verdict, the SC “categorically said that the right to life includes dignity and choice of family, marriage, procreation, and sexual orientation and it inheres in every individual including the LGBTQ community”.

He further said “If we holistically look at all these judgments, the rights that your lordships have recognized of same-sex couples and the community, are far beyond a narrow pedantic interpretation sought to be given to the Special Marriages Act by saying that in one paragraph, male and female are used”

Senior Advocate KV Viswanathan argued that the petitions directly involve Articles 19(a) and 21 of the Constitution. He added “The right to choose a partner and have the status of marriage is actually a right of expression, right to dignity and self-respect which are traceable to Article 21. These rights will have to be recognized and statutes suitably tailored to give them this recognition because these have other implications like inheritance, family pension, etc,”

Senior Advocate Menaka Guruswamy, appearing for the petitioners, said “the legislative intent of the Hindu Marriage Act requires that same-sex marriage be recognized because Section 5 of the Act speaks of marriage between two Hindus”. She went on to say that  “when Ambedkar presented this, the objections he received on inter-caste marriage, widow remarriage etc. were similar to what the Solicitor General is saying now”.

What is the Government’s argument?

The Solicitor General while representing the Centre said that this issue involves intricacies that must be debated in the Parliament. He said, “When the question of granting recognition, legal sanction to a relationship is concerned, that is essentially a function of the legislature, and for more than one reason”.

He went on to add that “Parliament will have to debate and take a call whether in view of the societal ethos and several other factors which go into the lawmaking, whether we would like this institution to be recognized”. Solicitor General Tushar Mehta also brought to the Court’s attention the fact that provisions that exist in various laws dealing with marriage specifically relate to only biological men and women and that the laws would become otiose if same-sex marriage is legalized.

It is to be noted that the government is not opposed to a consensual relationship between people of the same gender which is now decriminalised after the verdict in the Navtej Johar case. The Government wants a detailed debate about the issue in the Parliament which it believes to be the right forum to debate issues involving society and its development.

It must be added further that the government recognizes the right of two people of the same gender to have consensual sex, but it does not recognize their marriage alliance. There is a difference between the non-recognition of something and considering it unlawful.

The government doesn’t consider same-sex marriages as a violation of any law or a crime, but there are no provisions in the statute book that recognize the marriage alliance between two persons of the same gender. The government is of the view that the matter in question has deep societal issues embedded into it and therefore it must not be hastened through a judicial bypass of the Parliament.

The Parliament is the forum that represents the voice of the people of India, any decision that involves how the society wants to move forward must be decided by the people through their representatives in Parliament. The Judiciary is not a representative institution. Judged are selected not elected. These are some finer issues that call for debate and discussion.

Queer Hindu Alliance, an organization that advocates for the rights of the LGBTQ+ community expressed its disappointment at the decision of the government to oppose the petition for legal recognition of same-sex marriages.

What did the SC observe?

The SC while hearing the arguments of both sides said “Having due regard to the broader context of the petitions, and the interrelationship between the statutory regime and constitutional rights, we are of the considered view that it will be appropriate if the issues raised are resolved by a Constitution Bench of five judges of this court having due regard to the provisions of Article 145(3) of the Constitution.

The Court is of the view that the SC should be the forum to resolve this issue, the government is opposed to this as clearly visible in the arguments of Solicitor General Tushar Mehta.

As pointed out by the SG, the Special Marriages Act mentions the age of males and females as 21 and 18 respectively, this presupposes that a marriage alliance can take place only between a man and a woman. So the Special Marriage Act will require an amendment too.

Pakistan once again says it will boycott the 2023 World Cup if the Indian team does not travel there for Asia Cup

OpIndia Staff
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Pakistan once again says it will boycott the 2023 World Cup if the Indian team does not travel there for Asia Cup

With India’s decision to not send its men’s cricket team for the Asia Cup 2023, Pakistan has stated that if India does not reconsider its stance, Pakistan will also boycott the 2023 World Cup to be held in India. Notably, on February 4 this year, India categorically told Pakistan Cricket Board (PCB) Chief Najam Sethi that Indian Cricket Team cannot travel to Pakistan for Asia Cup 2023 which is scheduled to take place in Pakistan.

In a press conference on Monday (March 13), Najam Sethi stated that while India’s stance on not sending its team to Pakistan for the Asia Cup has not changed, the PCB is also firm that if India does not come to Pakistan for the continental event, the PCB will have to consider not playing the World Cup in India.

“I have kept my options open because when all teams are coming to Pakistan and have no issues with security. Then why is India worried about security? In the same way, we can also have security concerns over sending our team to India for the World Cup and I will be bringing this to the table at the coming meetings,” he said.

“We have complex issues on hand but for me when I go to the ACC and ICC meetings I have kept all options open for us and we have to take a clear position now,” Sethi said at a press conference, adding that he will raise these issues in the next Asian Cricket Council (ACC) and ICC meetings.

Najam Sethi added that the Pakstan government will be taking the final call on whether his team will travel to India for this year’s World Cup or not.

Controversy over the hosting right of the 2023 Asia Cup previously held by Pakistan

The Asia Cup 2023 was slated to be held in Pakistan, and there were uncertainties over whether the Indian cricket team would travel there to participate. Asian Cricket Council President and BCCI Secretary Jay Shah, in October last year, clarified that India will not be visiting its neighboring country for the Asia Cup. Instead, Jay Shah indicated that the Asia Cup 2023 will most likely take place at a neutral location.

“We will have Asia Cup 2023 at a neutral venue. It is the government which decides over the permission of the team visiting Pakistan so we won’t comment on that but for the 2023 Asia Cup, it’s decided that the tournament will be held at some neutral venue,” Jay Shah told reporters after the 91st Annual General Meeting of the Board of Control for Cricket in India (BCCI) that was held on October 18th, 2022, in Mumbai.

“The venue for the 2025 Championship trophy is still to be decided, we will comment on that when it is decided. We are getting good earnings from our Media rights. Our motive is domestic players should get more benefits as our earnings are increasing,” he added.

In December 2022, ACC chairman Jay Shah released the itinerary of the continental body and the venue of the Asia Cup wasn’t mentioned. 

This led to PCB chief Najam Sethi accusing Shah of taking a “unilateral decision”, an allegation that ACC officially refuted stating that repeated emails to PCB seeking recommendations on the itinerary went unanswered.

PCB chief Najam Sethi recently threatened BCCI that Pakistan will pull out of the 2023 World Cup if Asia Cup is played at a neutral venue. PCB had asked for an emergency meeting to discuss Asia Cup hosting rights.

To put an end to the tussle, the Asian Cricket Council (ACC) held an emergency meeting to discuss Asia Cup hosting rights in Bahrain on February 4, 2023, where Shah reiterated that there is no chance of the Asia Cup being held in Pakistan in September. BCCI has said that India can’t participate in the Asia Cup in Pakistan as the government of India has not permitted the Indian team to travel to Pakistan. Instead, UAE and Sri Lanka are two potential alternatives. A final decision on the venue will be taken in March.

Notably, India’s cricket team has not played any match in Pakistan since 2008. Pakistani team visited India for the last time for T20 World Cup 2016 that was held in India.

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