Sunday, July 29, 2012

Sex with wife who is below 15 years is rape, says High Court

New Delhi : Consummation of marriage with a girl below the age of 15 amounts to rape, even though the husband is entitled to the girl’s custody, the Delhi High Court said.
The court observation came as it noted that girls, who are married before the age of 15, had the liberty to approach the court get the marriage declared void till the age of 20. “Consummation with wife below age of 15 years is an offence under Section 375 of IPC (rape). No exception can be made to the said Constitutional mandate, and the same has to be strictly and diligently enforced,” a three-judge bench, headed by Acting Chief Justice A K Sikri, said.
The court said allowing the husband to consummate marriage with a minor would not be appropriate, more so in the light of the fact that the Prevention of Child Marriage Act was introduced to ensure that a child is not married at an age when he or she is psychologically fit to take the decision.
“Such a marriage, after all, is voidable, and the girl child still has the right to approach the court seeking to exercise her option to get the marriage declared as void till she attains the age of 20 years,” said the bench, also comprising Justices Sanjiv Khanna and V K Shali.
The court said an FIR for rape and kidnap registered against a person, who eloped with a girl below the age of 15, could not be quashed even if the girl said she entered into the marriage willingly. It said consent at such a young age was difficult to accept.
For cases where a girl is more than 16 years and tells the court that she went on her own will with a man, the court said it can accept the statement and the FIR can be quashed, if it was satisfied as to the girl’s maturity and understanding.

Tuesday, July 3, 2012

SC: panchayats enjoy Constitutional status

 
NEW DELHI:  Panchayats can formulate their own programmes of economic development and social justice as they enjoy a Constitutional status, the Supreme Court has ruled.
The apex court said Article 40 and Articles 243 to 243-O envisages that the framers of the Constitution had envisaged village panchayat to be the foundation of the country's political democracy - a decentralised form of government where each village was to be responsible for its own affairs.
Bench of Justices G S Singhvi and S J Mukhopadhya passed the ruling while allowing an appeal filed by the village panchayat of Calangute in Goa challenging a Bombay High Court order which had taken the view that the local body cannot challenge any decision taken by the executive authority.
In this case, the Additional Director of Panchayat-II had overruled a resolution passed by the panchayat quashing the permission granted to a private company for carrying out certain commercial activities.
Though the panchayat appealed against the official's decision the high court dismissed it following which it appealed in the apex court.
"The primary focus of the subjects enumerated in the Eleventh Schedule is on social and economic development of the rural parts of the country by conferring upon the Panchayat the status of a constitutional body.
"Parliament has ensured that the Panchayats would no longer perform the role of simply executing the programmes and policies evolved by the political executive of the state. 
"By virtue of the provisions contained in Part IX, the panchayats have been empowered to formulate and implement their own programs of economic development and social justice in tune with their status as the third tier of Government which is mandated to represent the interests of the people living within its jurisdiction", the Bench said. 
The apex court said the Constitution's Preamble, Part IV and Part IX must guide our understanding of the Panchayati Raj institutions and the role they play in the lives of the people in rural parts of the country.
"The conceptualisation of the village panchayat as a unit of self government having the responsibility to promote social justice and economic development and as a representative of the people within its jurisdiction must be borne in mind while interpreting the laws enacted by the state which seek to define the ambit and scope of the powers and the functions of Panchayats at various levels.
"An analysis of Article 40 and Articles 243 to 243-O shows that the framers of the Constitution had envisaged village panchayat to be the foundation of the country's political democracy - a decentralised form of government where each village was to be responsible for its own affairs," the Bench said.
According to the court by enacting the Constitution (Seventy-third Amendment) Act, Parliament has attempted to remedy the defects and remove the deficiencies of the Panchayati Raj system evolved after independence, which failed to live up to the expectation of the people in rural India.
"The provisions contained in Part IX provide firm basis for self-governance by the people at the grass root through the institution of panchayats at different levels.
"For achieving the objectives enshrined in Part IX of the Constitution, the state legislatures have enacted laws and made provision for devolution of powers upon and assigned various functions listed in the Eleventh Schedule to the Panchayats", the court said.
Hence it directed the High Court to issue notices on the issue raised by the panchayat and decide the matter on merits. PTI 

TIME LINE: THE CASE
2006: Calangute panchayat grants permission to builder for construction at Porbawado, Calangute. Locals complain that builder has blocked access to well and chapel.
MARCH 2008: Following complaints, Calangute panchayat passes resolution for revocation of occupancy certificate.
MARCH 2009: The panchayat passes another resolution and revokes permission to the company. 
2009: Company challenges the ruling on grounds that it was contrary to rules of natural justice.
JULY 2009:Panchayat revokes earlier resolution and issues notice to the company to   stop further construction and fixes site inspection for August 4, 2009.
2009: Company challenges panchayat notice before Additional Director of Panchayat, who passes ex-parte interim order.
JULY 2009: Company applies for permission to use property as guest house, but panchayat rejects application. Company then challenges the decision.
FEBRUARY 2010: Additional Director of Panchayat passes final order, directing panchayat to reconsider application of the company for grant of permission to use the property for running a guest house.  
2010: Panchayat challenges order in High Court, but High Court dismisses petition.
Panchayat then challenges matter before Supreme Court.

Friday, May 11, 2012

CANADA-BASED NRI’S DEATH


It’s a murder, allege kin 
Ludhiana, May 10
A day after the Jagraon police booked four "contract marriage" agents allegedly for forcing 22-year-old Canada-based NRI Amanpal to commit suicide and dumping his body in a canal, Tajinder Singh, victim's brother and other relatives, today claimed that he was killed by the four persons.
Tajinder, a native of Jalandhar settled in Bramption, Canada, met police officials in Jagraon today. He alleged that the police was insisting that Amanpla had committed suicide.
"My brother had told me on the phone that he wanted to return to Canada, but Kulwant Singh, Aman and Karamjit Kaur, alias Kammo, had confiscated his passport. He was not someone who could commit suicide," said Tajinder.
The police has initiated its probe on the suicide theory merely on the statements of the accused even as the dead body has not been recovered so far, he added.

Thursday, May 10, 2012

Delhi High Court has ordered removal of objectionable blog against Art of Living (AoL) founder and spiritual guru Sri Sri Ravi Shankar


The Delhi High Court has ordered removal of objectionable blogs and remarks posted by a man against Art of Living (AoL) founder and spiritual guru Sri Sri Ravi Shankar on Google's website www.Blogger.Com.

While ordering removal of his "defamatory" blogs, Justice Manmohan Singh also restrained blogger Jitender Bagga from sending objectionable emails and publishing blogs on the website against the AoL founder.

The court order came on an NGO's civil suit, seeking damages of over Rs 5 crore from the blogger and the website.

"It appears that the plaintiffs (NGO and its volunteers) have been able to make out a strong prima facie case for passing an ex-parte interim order. The balance of convenience also lies in favour the plaintiff and against the defendants (Bagga and the website).

In case, interim order is not passed, the plaintiffs will suffer irreparable loss and injury. Thus, till the next date, the defendant 2 (website) is directed to remove all defamatory contents about the plaintiffs posted by defendant 1 (Bagga) on website www.Blogger.Com," the court said.

"Bagga is restrained from sending any email or posting any material over the website which has a direct or indirect reference to the plaintiffs or the Art of Living Foundation or any member of AoL or His Holiness Sri Sri Ravi Shankar," the court said.

Filing a civil suit through its trustee Mahesh Gupta, the NGO Vyakti Vikas Kendra, India Public Charitable Trust has sought a damage of Rs 5.9 crore from Bagga and the website.

It alleged Bagga has created and published various materials against the volunteers of this NGO, which promotes spiritual, educational, cultural and social developmental activities and also runs the programme called AoL. It added Bagga has published materials against its founder Sri Sri Ravi Shankar and his family members.

Wednesday, May 9, 2012

ਸਿੱਖ ਨਸਲਕੁਸ਼ੀ ਪਟੀਸ਼ਨ ਦੇ ਸਮਰਥਨ 'ਚ ਕੈਨੇਡਾ ਤੋਂ ਦਸਤਖਤੀ ਮੁਹਿੰਮ ਆਰੰਭ


ਸਿੱਖ ਨਸਲਕੁਸ਼ੀ ਦਸਤਖਤੀ ਮੁਹਿੰਮ ਵਿਚ ਸ਼ਾਮਿਲ ਵੱਡੀ ਗਿਣਤੀ ਵਿਚ ਕੈਨੇਡਾ ਵਾਸੀ।

ਵੈਨਕੂਵਰ, 9 ਮਈ - ਨਵੰਬਰ 2012 ਵਿਚ ਸਿੱਖਸ ਫਾਰ ਜਸਟਿਸ ਅਤੇ ਆਲ ਇੰਡੀਆ ਸਿੱਖ ਸਟੂਡੈਂਟਸ ਫੈਡਰੇਸ਼ਨ ਵੱਲੋਂ ਨਸਲਕੁਸ਼ੀ ਪਟੀਸ਼ਨ ਸੰਯੁਕਤ ਰਾਸ਼ਟਰ ਅੱਗੇ ਦਾਇਰ ਕੀਤੀ ਜਾਵੇਗੀ। ਜਿਸ ਵਿਚ ਸੰਯੁਕਤ ਰਾਸ਼ਟਰ ਤੋਂ ਮੰਗ ਕੀਤੀ ਜਾਵੇਗੀ ਕਿ ਨਵੰਬਰ 1984 ਦੇ ਪਹਿਲੇ ਹਫਤੇ ਦੌਰਾਨ ਸਮੁੱਚੇ ਭਾਰਤ ਵਿਚ ਸਿੱਖਾਂ 'ਤੇ ਸੰਗਠਿਤ ਤੇ ਯੋਜਨਾਬੱਧ ਤਰੀਕੇ ਨਾਲ ਕੀਤੇ ਗਏ ਹਮਲਿਆਂ ਦੀ ਜਾਂਚ ਕਰਵਾਈ ਜਾਵੇ ਤੇ ਨਸਲਕੁਸ਼ੀ ਬਾਰੇ ਸੰਯੁਕਤ ਰਾਸ਼ਟਰ ਕਨਵੈਨਸ਼ਨ ਤਹਿਤ ਇਸ ਨੂੰ ਨਸਲਕੁਸ਼ੀ ਵਜੋਂ ਮਾਨਤਾ ਦਿੱਤੀ ਜਾਵੇ। ਇਸ ਮੰਤਵ ਦੀ ਪ੍ਰਾਪਤੀ ਲਈ ਸਿੱਖਸ ਫਾਰ ਜਸਟਿਸ ਸੰਸਥਾ ਵੱਲੋਂ ਕੈਨੇਡਾ ਤੋਂ ਦਸਤਖਤੀ ਮੁਹਿੰਮ ਦਾ ਆਰੰਭ ਕਰ ਦਿੱਤਾ ਗਿਆ ਹੈ। ਇਸ ਸਬੰਧੀ ਵੱਖ-ਵੱਖ ਸ਼ਹਿਰਾਂ ਵਿਚ ਵਿਸ਼ਾਲ ਇਕੱਠਾਂ ਰਾਹੀਂ ਮਨੁੱਖੀ ਅਧਿਕਾਰ ਸੰਸਥਾਵਾਂ ਅਤੇ ਸਿੱਖ ਜਥੇਬੰਦੀਆਂ ਨੂੰ ਇਸ ਮੁਹਿੰਮ ਵਿਚ ਸ਼ਾਮਿਲ ਕੀਤਾ ਜਾਵੇਗਾ। ਸ੍ਰੀ ਅਕਾਲ ਤਖਤ ਸਾਹਿਬ ਦੇ ਆਦੇਸ਼ਾਂ ਤਹਿਤ ਨਵੰਬਰ 1984 ਦੇ ਪੀੜਤਾਂ ਨੂੰ ਇਨਸਾਫ ਦਿਵਾਉਣ ਲਈ ਜਦੋ ਜਹਿਦ ਕਰ ਰਹੀ ਮਨੁੱਖੀ ਅਧਿਕਾਰ ਸੰਸਥਾ ਸਿੱਖਸ ਫਾਰ ਜਸਟਿਸ ਨੇ ਨਵੰਬਰ 1984 ਦੌਰਾਨ ਸਿੱਖਾਂ 'ਤੇ ਸੰਗਠਿਤ ਕਤਲੇਆਮ ਦੀ ਜਾਂਚ ਲਈ ਵਿਸ਼ੇਸ਼ ਕਮਿਸ਼ਨ ਦਾ ਗਠਨ ਕਰਨ ਅਤੇ ਨਵੰਬਰ 1984 ਵਿਚ ਸਿੱਖਾਂ ਦੇ ਕਤਲੇਆਮ ਨੂੰ ਨਸਲਕੁਸ਼ੀ ਵਜੋਂ ਮਾਨਤਾ ਦੇਣ ਲਈ ਸੰਯੁਕਤ ਰਾਸ਼ਟਰ ਅੱਗੇ ਦਾਇਰ ਕੀਤੀ ਜਾਣ ਵਾਲੀ ਨਸਲਕੁਸ਼ੀ ਪਟੀਸ਼ਨ ਦੇ ਸਮਰਥਨ ਵਿਚ ਕੈਨੇਡਾ ਵਿਚ ਖਾਲਸਾ ਡੇਅ ਨਗਰ ਕੀਰਤਨ ਮੌਕੇ 'ਹਾਂ ਇਸ ਨਸਲਕੁਸ਼ੀ ਹੈ', ਮੁਹਿੰਮ ਦੀ ਸ਼ੁਰੂਆਤ ਕੀਤੀ। ਸਿੱਖਸ ਫਾਰ ਜਸਟਿਸ ਦੇ ਕੋਆਰਡੀਨੇਟਰ ਜਤਿੰਦਰ ਸਿੰਘ ਗਰੇਵਾਲ ਨੇ ਕਿਹਾ ਕਿ ਮੁਹਿੰਮ ਦੇ ਸ਼ੁਰੂਆਤ ਵਾਲੇ ਦਿਨ ਹੀ 10 ਹਜ਼ਾਰ ਦਸਤਖਤ ਇਕੱਠੇ ਹੋ ਗਏ ਸੀ। ਸਿੱਖ ਫਾਰ ਜਸਟਿਸ ਦੇ ਕਾਨੂੰਨ ਸਲਾਹਕਾਰ ਅਟਾਰਨੀ ਗੁਰਪਤਵੰਤ ਸਿੰਘ ੰਪੰਨੂ ਅਨੁਸਾਰ ਸੰਯੁਕਤ ਰਾਸ਼ਟਰ ਵਿਚ ਪਟੀਸ਼ਨ ਦਾਇਰ ਕਰਨ ਲਈ ਸ੍ਰੀ ਅਕਾਲ ਤਖਤ ਸਾਹਿਬ ਦਾ ਹੁਕਮਨਾਮਾ ਉਸ ਵੇਲੇ ਆਇਆ ਹੈ ਜਦੋਂ ਭਾਰਤ ਵਿਚਲੀਆਂ ਸਮੇਂ-ਸਮੇਂ ਦੀਆਂ ਸਰਕਾਰਾਂ ਨਵੰਬਰ 1984 ਸਿੱਖਾਂ ਦੇ ਕਤਲੇਆਮ ਦੀ ਜਾਂਚ ਕਰਵਾਉਣ ਤੇ ਇਸ ਦੇ ਦੋਸ਼ੀਆਂ ਨੂੰ ਸਜ਼ਾ ਦਿਵਾਉਣ ਵਿਚ ਨਾਕਾਮ ਰਹੀਆਂ ਹਨ। ਉਨ੍ਹਾਂ ਨੇ ਦੱਸਿਆ ਕਿ ਟੋਰਾਂਟੋ ਕੈਨੇਡਾ ਵਿਚ ਸ਼ੁਰੂ ਕੀਤੀ ਗਈ 'ਹਾਂ ਇਹ ਨਸਲੀਕੁਸ਼ੀ ਹੈ' ਮੁਹਿੰਮ ਨੂੰ ਅਮਰੀਕਾ ਵਿਚ ਤੇ ਯੂਰਪੀਨ ਯੂਨੀਅਨ ਦੇ ਹੋਰ ਮੁਲਕਾਂ ਵਿਚ ਲਿਜਾਈ ਜਾਵੇਗੀ ਜਿਥੇ ਸਿੱਖ ਭਾਈਚਾਰੇ ਤੋਂ ਵੱਡੀ ਪੱਧਰ 'ਤੇ ਦਸਤਖਤ ਕਰਵਾਏ ਜਾਣਗੇ।

Tuesday, May 8, 2012

Anand Marriage Bill introduced in Rajya Sabha

New Delhi, May 7
The government today brought before Parliament a Bill to amend the 103-year-old statute that hitherto allowed solemnisation of Sikh marriages but not their legal validation.
The Anand Marriage Amendment Bill:2012, introduced in the Rajya Sabha today by Law Minister Salman Khurshid, amends the Anand Marriage Act, 1909, by inserting a new Section enabling registration of marriages performed as per the Sikh rituals (Anand Karaj).
The amendment Bill defines the Sikh marriage ceremony as “Anand Karaj” instead of “Anand” as in the old law. Once passed by both Houses of Parliament, it will give the Sikhs the liberty to register their marriages separately and will exempt them from registering these under the Registration of Births, Marriages and Deaths Act, 1969 (which the government plans to amend to provide for religion neutral registration of marriages across India).
The Sikhs would continue to have the option of registering their marriages under the Hindu Marriage Act, 1955, as before. It was registration under this Act that had been causing confusion about their religious identity abroad with their marriage certificates describing them as Hindus.
Importantly, the amendment Bill doesn’t provide for divorce among Sikh couples. For a divorce, they would have to use the Hindu Marriage Act.
Senior Supreme Court lawyer HS Phoolka, commenting on the matter, said: “Because the amendment Bill serves a limited purpose of giving Sikh religion a separate identity by allowing marriage registration under a pre-existing law, it is not a complete marriage law.
“Any religion to be recognised must have its separate ceremony of births, deaths and marriages. Sikhs didn’t have a separate marriage law so far and they wanted the Anand Marriage Act amended for the purpose. For divorce, Sikhs can use the Hindu Marriage Act, 1955.”
The amendment Bill clearly states that “parties whose marriage has been registered under this Act won’t be required to get marriage registered under the Registration of Births and Deaths Act, 1969, after the enactment of the proposed amendments in this Bill.” “Today we have won the battle for a separate identity as a religion,” said former MP Tarlochan Singh who led the movement for the Bill. “The SGPC is also against any divorce provision under the Anand Marriage Amendment Bill,” he said. The Parliamentary Standing Committee on Law had approved these amendments in 2007 when Veerappa Moily was Law Minister. “The Bill need not go again to the standing committee and can be simply taken up and passed,” Tarlochan Singh added.
No provision of divorce in the new BillFor seeking divorce, Sikhs would have to use the Hindu Marriage Act. The Union Cabinet had approved amendment to the Anand Marriage Act, 1909, on April 12 this year.

Sunday, May 6, 2012

Jean McBean fought for women’s rights as trailblazing lawyer

Jean McBean, 1997
Jean McBean
EDMONTON — In the early 1980s, when law offices were the domain of men in dark suits, Jean McBean took a notion and opened Edmonton’s first all-female law firm where the children of the four lawyer moms could come after school to do their homework.
The firm’s specialty was family law in an era when the battle for women’s equality was transforming divorce, child custody and rules for sharing property after marriage breakups. McBean Becker Cochard and Gordon was on the cutting edge of this major social change.
Yes, you might find toast crusts stuffed into computers or kid-size finger smudges on the boardroom table, recalls former law partner Marie Gordon. But McBean and company were determined to show women could be excellent lawyers and moms and have a family life, too — a radical notion at the time.
That wasn’t the only radical notion McBean took up. An influential figure in Edmonton legal circles, Jean McBean was a committed reformer for social justice. She wanted a fairer system of family law and went to the Supreme Court of Canada, lobbied cabinet ministers, wrote books and lectured across the country about dramatic changes of the 1970s — from marriage contracts to maternity leave.
She took on other jobs, too — lay minister at a Unitarian church, community volunteer, a one-time New Democrat candidate for Parliament, a mother to two girls with her husband, John Worton, also an Edmonton lawyer.
Her last job, which caused her to close her law practice and move to Victoria in 2008, was as a devoted grandmother to two boys, Oliver and Finnigan, the children of her daughter Jane and husband Greg Awai.
McBean died April 7 in Victoria from cancer. She was 63.
Born in London, England, in 1948, McBean came to Edmonton as a young girl of working-class parents. Her father believed in education for girls as teachers and nurses. A friendly priest intervened and McBean ended up with a law degree in 1972 from the University of Alberta.
At the time, no-fault divorce didn’t exist, divorced women had no right to a share in the family home and the U of A law school had some strange customs (more on that later).
Then came the Murdoch case — southern Alberta rancher Irene Murdoch, who was denied a share of the ranch post-divorce despite years of running it — and it sparked a revolution across the country.
By the 1980, almost every province had revamped matrimonial property laws and, in Alberta, McBean played a key role in these changes.
Her husband of 44 years, John Worton, says McBean’s work on Alberta’s new Matrimonial Property Act, along with a handful of other young female Edmonton lawyers, was probably her biggest achievement.
Daughter Bevin agrees.
“At the end of the day, what she wanted was fairness, a better deal for families,” said Bevin, noting that McBean represented both mothers and fathers in her practice.
“Her approach was, if something was wrong, there had to be change.”
And she was fearless in tackling change, says John, recalling the story of the naked women photos at the U of A law school.
In those pre-feminist days, law students would post pictures of naked women from a certain magazine on announcements for law school social events. The Christmas Party poster, put in the library, might carry the full frontal nudity of Miss December.
McBean and a handful of women decided that should stop. When their request was turned down, they decided to fight fire with fire.
But to find pictures of naked men was impossible in pre-Playgirl days.
So Jean, a young student in her 20s, went on a mission to the less desirable parts of 97th Street. In an adult shop, she asked for photos of naked men, scandalizing the male shopkeeper who insisted she was in the wrong store.
“But the woman behind the counter quietly pulled out some photos held discreetly behind on a shelf,” recalls Worton.
Back at the law school, the women students made new posters with the male photos and tried to post them. Of course, they were accused of posting smut.
“There was fury in the law school,” Worton said. But that was the last time nude of photos of anyone were used.
The family lived in Bonnie Doon near Mill Creek, except for a couple of years in the late 1980s when Jean went to Montreal with her two daughters do a master’s degree at McGill University.
Big-hearted and practical, “she could not bear to see a child in distress,” recalls Bevin. So she opened their home to teenagers who needed support.
Driven by her strong beliefs in social justice, McBean joined the New Democrats. In fact, she met her husband at a social event for Young New Democrats in 1968.
In 1990, McBean served on Alberta’s electoral boundaries commission when the ND party was official Opposition. She became party president while Ray Martin was party leader. But times were about to change. In the 1993 election, the New Democrats were wiped out, losing all 15 of their legislature seats.
“It was devastating, but Jean was a stalwart and kept the party together while it regrouped,” said Martin.
At a memorial service, Bevin heard an amusing story about her mom, who loved opera, theatre and the symphony.
When the Worton-McBeans donated a chair to the Winspear Centre, Jean thought it was too ostentatious to have their names inscribed on their gift. Instead, she wanted the words “Till we have built Jerusalem.”
Winspear fundraisers were flummoxed. Was this lefty couple perpetrating some kind of hidden political message on their chair?
The crisis passed when a fellow lawyer explained the words came from a well-known English hymn, based on a poem by poet William Blake. It was McBean’s favourite hymn and it featured prominently in her memorial service in Victoria last week.
“She was my love and my most constant companion,” said John, 65. “We loved many of the same things and did so much together.”
A celebration of her life will take place on Friday, May 11, at the north Unitarian Church in Edmonton.