Tag: fundamental

Whether anyone has a fundamental right to marry? SC queries while hearing pleas for same-sex marriages

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New Delhi: While hearing a bath of pleas for same-sex marriages, Supreme Court on Tuesday queried whether anyone has a fundamental right to marry, or is there no fundamental right to marry at all and stressed that the Constitution itself is a tradition breaker.
A five-judge bench headed by Chief Justice of India D.Y. Chandrachud asked senior advocate Rakesh Dwivedi, representing the Madhya Pradesh government, “forget the issue of same sex, does anyone have a fundamental right to marry? Or, is there no fundamental right to marry at all? Because your submission is that no one has a fundamental right to marry”.
Dwivedi said that so far the marriage is between two heterosexual individuals.

The bench, also comprising Justices S.K. Kaul, S. Ravindra Bhat, Hima Kohli and P.S. Narasimha, said it is not on heterosexual, “does any citizen of this country for whom this court, our society, our polity, has placed the individual at that highest pinnacle. And, we have gone ahead carved and discovered so many rights — to personhood, right of choice, right of left alone, privacy, dignity… with all this, the question is does a person or citizen have a right to marry”.
Justice Bhat asked: “Is it part of Article 21 or not part of it? We have to start with the premise that there is no unqualified right. Right to free speech is not unqualified right, right to association is not unqualified, personal liberty is not unqualified, right to life. Therefore, there is no absolute right, if we start with that premise. Does the right to life have the concomitant right to marry.”
The bench asked Dwivedi to not start the debate that same sex people do not have right to marry, rather start with is right to marry or is there a right to marry.
Dwivedi said heterosexual couples have the right to marry in accordance with their custom, personal law, and religion, and that is the foundation of their right.
The Chief Justice observed: “Therefore, you concede the fact that there is a right to marry under the Constitution, but it is only confined to only heterosexual persons according to you, or is it your argument that there is no right to marry at all as a fundamental right?”

Justice Bhat said: “Custom, culture, religion, rewind 50 years ago inter-caste marriages were not permitted. Even inter-faith marriages unheard of, therefore, the context of marriage has changed.”
Dwivedi said: “these changes have been brought about by legislation and legislature can alter the customs. The Constitution only gives a fundamental right to form relations, associations, which is in Article 19 (1) (c) which can be regulated. He added that marriage over the years has resulted in social institutions as a result of society’s evolution, and the right to marriage which was existing as a part of social institutions will be accommodated in the right to associate in a particular manner.
Justice Bhat said: “The Constitution has not granted anything. It only recognizes and guarantees, nothing is granted. We’re free citizens. We have taken this to ourselves. Right to speak, to associate, these are part of our inherent rights. The Constitution doesn’t grant it… Even legislation has only recognised the right to marry is inherent. If we say the right to marry is inherent then it is part of the Constitution. You may locate it in (Articles) 19 or 21a.”
Justice Bhat said “the moment you bring tradition, the Constitution itself is a tradition breaker. Because the first time you brought in (Articles) 14, you brought in 15, and 17, those traditions are broken”.
The bench queried, “if those traditions are broken, what is held hallowed in our society in terms of caste?”
“We made a conscious (decision)… and said we don’t want ita.outlawing untouchability in the Constitution. But at the same time let us be alive to the fact that the concept of marriage has evolved.”
Dwivedi submitted that the point is that all these reforms are made by the legislature for the interest of women and children and they do not alter the core aspect of the social institution of marriage, “namely that it’s an institution. Hindu marriage is regarded as a Sanskar”.
Dwivedi contended that the core aspect of marriage remains and pointed at alimony, maintenance, divorce, inter caste and added that ultimately the marriages remain heterosexual marriages.
The bench observed that to state at the extreme that there was no fundamental right to marry under the Constitution would be far-fetched.
“What are the core elements of marriage? If you look at each element, each is protected by constitutional values,” it said.
The Chief Justice said one, marriage itself postulates two individuals to cohabit; two, marriage accompanies with it the existence of family; three, marriage has procreation as a very important ingredient; four, marriage in a significant way is exclusionary to all others; and five, social acceptance of existence of marriage.
The top court will continue to hear arguments in the post -lunch session.
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#fundamental #marry #queries #hearing #pleas #samesex #marriages
( With inputs from www.siasat.com )

May 9, 2023
Srinagar Schools To Teach Four Fundamental Ops Of Mathematics, BODMAS To Students Upto Class 10

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SRINAGAR: The authorities in Srinagar have decided to teach four fundamental operations of Mathematics with “BODMAS” to students upto class 10th in order to enhance the quality of education and create equal interest in learning among students.
The decision was taken after the authorities found that non-teaching of four fundamental operations of Maths, along with “BODMAS” was impeding students’ understanding of Mathematics and making studies difficult for them.
Chief Education Officer Srinagar in a circular has said a discussion was held with education experts and experienced officers in Srinagar district to identify reasons for the lack of interest in studies among some students.
“It was concluded that students lacking a full command of Maths cannot become extraordinary intelligent, efficient, and all-rounder citizens,” the circular reads.
It reads that it has been decided that all schools in Srinagar district must teach these basic concepts to all students from Primary to Higher Secondary levels.
CEO has directed all the heads of institutions to impart impart full knowledge of the four fundamental operations and “BODMAS” to all students up to class 10th.
“The heads of schools are given a 15-day window, from April 24 to May 8 to impart full knowledge of the four fundamental operations and BODMAS to all students up to class 10th,” the circular reads.
CEO also warned schools of action if any student, after May 9 is found to be weak in these basic concepts.

“The concerned teachers will face action as warranted under the rules, and the concerned HOI will be held responsible,” the circular reads.
As per the circular chairman of cluster level committees have been asked to monitor this process under the guidance and supervision of respective cluster heads to ensure proper implementation of this circular in letter and spirit—(KNO)

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#Srinagar #Schools #Teach #Fundamental #Ops #Mathematics #BODMAS #Students #Upto #Class
( With inputs from : kashmirlife.net )

April 24, 2023
Hindu fundamental groups using Ram Navami, Hanuman Jayanthi to target minorities: Report

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Hyderabad: Hindu fundamental organizations like Vishwa Hindu Parishad and Bajrang Dal, along with their affiliates, are using the Sri Ram Navami Shobha Yatra and Hanuman Jayanthi procession on big scale to target minorities said a report by the Citizens and Lawyers Initiative. Titled ‘Routes of Wrath – Weaponizing Religious Processions’, it was released with a foreword from Justice Rohinton F. Nariman, former Judge, Supreme Court of India reveals.
The book in depth explains about the communal violence and arson incidents reported in 12 states in India during the Sri Rama Navami Shobha Yatra processions. It is edited by senior advocate Chander Uday Singh.
What the report says
Ram Navami processions in particular, have been taken over by militant Hindutva organisations over the years, as the figure of Ram is central to the political imagination of the Sangh, said the report. A Shobha yatra, which translates to a “shining” or “glorious” procession, was different from traditional rath-yatras, which are organised by temples and are generally limited to nearby areas.

The Ram Navami Shobha yatras are grand processions of pomp and ceremony attempting to cover entire cities, involving cavalcades of vehicles, each carrying dozens of men, shouting slogans and frequently wielding arms, stated the report.
In April 2022, India witnessed communal violence breaking out in as many as nine states, along with incidents of provocation and low-grade violence in three others. “In all of them, the catalyst for the violence was the same: religious processions celebrating the Hindu festivals of Ram Navami and Hanuman Jayanti, followed by targeted attacks on Muslim-owned properties, businesses and places of worship,” the report said.
The violence witnessed in 2022 and 2023 wasn’t the first time India has seen mob violence under the garb of religious festivities. However, the report noted that it took place on a much larger, seemingly coordinated scale than previous years. It elaborated that, “a breakdown of the rule of law was observed and documented in most of these towns and villages. The immediate violence associated with Ram Navami and Hanuman Jayanti processions saw more than a hundred homes and shops destroyed or burned down, vehicles set ablaze in every city, and multiple places of worship damaged or vandalized.”
The report speaks about the government action following the violence in forms bulldozing of houses of minoriy communities. “The riots was followed in quick order by State action in some of these cities and towns, which saw further destruction in the form of illegal demolitions of houses and shops, to punish those that the state branded as ‘rioters’ or ‘anti- social’ elements. The state-sponsored violence has also caused a crisis of displacement of Muslim families in riot-hit areas, either rendered homeless by the demolitions or having been forced to flee from their homes in fear of further state harassment.
Dating back to the pre-2000 era, when communal violence gained grounds, the report discusses how religious processions are precursors to communal violence. “In the 1970s and 1980s there were several communal riots that were triggered by processions that doubled up as a show of majoritarian strength. In the 1980s in particular, the Vishwa Hindu Parishad (VHP) branded these as ‘yatras’. VHP reacted to the 1981 Meenakshipuram conversions of 150 Dalit families to Islam by taking out ‘ekatmata yajna yatras’,” the report poined out.

“It is important to note not only the nature of the (Ram Navami) processions and their strategies of inciting violence, but also the fact that the dates chosen for said instigation in 2022 were Ram Navami and Hanuman Jayanti, both of which fell within the month of Ramzan. This was used by right- wing institutions of the state and the media in states like Gujarat to further conspiracy theories projecting Muslims uniformly as the assailants – whereas they have suffered the most losses,” it further highlighted.
These affected States are Madhya Pradesh, Delhi, Gujarat, Rajasthan, Jharkhand, Uttarakhand, Maharashtra, Goa and West Bengal, Karnataka, Andhra Pradesh and Bihar. The report by the collective also points out that communal violence are pre-planned in a majority of cases in the country. Wherever it was reported, processions took to a new route with lone intentions to create trouble.
In 2022, during Hanuman Jayanthi processions, violence were reported in Jahangirpuri locality of Delhi. The report quoting various sources pointed out, “A huge crowd had gathered with a majority of the participants armed with swords, knives, baseball bats and hockey sticks. A few of them were also brandishing kattas (country-made pistols). The first two rallies passed peacefully after they weren’t allowed to pass through the mosque on Kushal Road The third and final rally didn’t follow the prescribed route and reached Kushal Road crossing through B and C blocks.At around 5 pm, the procession had reached the mosque in Block C, Jahangirpuri, where the provocative nature of the procession caused violence to break out.”
In another instance in Himmatnagar, the biggest taluka of Sabarkantha district in North-Gujarat, a procession of 500-600 people organized by Antarashtriya Hindu Parishad (AHP) entered Ashraf Nagar in Chhapariya area in a Muslim-dominated area between two Hindu localities – Shakti Nagar and Mahavir Nagar. The procession involved loud provocative songs, sword wielding and aggressive behaviour while marching with saffron flags they stopped in front of a mosque, the report said.
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#Hindu #fundamental #groups #Ram #Navami #Hanuman #Jayanthi #target #minorities #Report
( With inputs from www.siasat.com )

April 3, 2023
New Social Media Guidelines Violate Basic Fundamental Rights: Mehbooba

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SRINAGAR: PDP chief Mehbooba Mufti on Saturday said the new social media guidelines for the Jammu and Kashmir government employees are in complete violation of the basic fundamental rights of people.
Taking to Twitter, Mehbooba wrote, “Whether it was blacklisting contractors & the social media gag to employees, a clear intimidation of dispossessing people in J&K of their livelihood has emerged. Authorities have become judge, jury & executioner in complete violation of the fundamental rights of people.”
Senior CPIM leader Muhammad Yousuf Tarigami also criticised the circular issued by the Government of Jammu and Kashmir regarding the use of social media by its employees stating that government cannot snatch the rights of employees guaranteed to them by the Constitution.
“Government employee is a citizen also and he has every right to exercise his freedom. A government employee can either support or oppose the government’s view and actions and depriving him of this right is against the law and the very principles of the Constitution,” Tarigami said.
Tarigami said that every criticism within the ambit of law and constitution is justified. “For this freedom and these rights, people have fought and now government can’t take these rights away from the citizens,” he said.
According to the new social media guidelines, no government employee shall, by any utterance, writing, or otherwise discuss or criticize in public or in any meeting of any association or body any policy pursued or action taken by the government nor shall he in any manner participate in any such discussion or criticism.

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#Social #Media #Guidelines #Violate #Basic #Fundamental #Rights #Mehbooba

( With inputs from : kashmirlife.net )

March 25, 2023
Xbox: Acquisition of Activision Blizzard is not fundamental, says Phil Spencer

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Phil Spencer stated that theacquisition of Activision Blizzard is not a “pivot” to the future of Xboxesalbeit of great importance, and that Microsoft’s gaming division will continue to exist regardless of the outcome of this $69 billion maneuver.
Responding to a question from the Times, which asked what would happen to Xbox if such a strategically important acquisition were blocked by the CMA, the European Commission and the FTC, Spencer said that the gaming division does not depend on it and will continue to thrive regardless.
“This is an important acquisition for us. It’s not some sort of pivot in the long run – Xbox will continue to exist even if the deal doesn’t go through,” Spencer said.
Phil Spencer
In the same interview Spencer stated that more competition in the console market would guarantee gamers more choiceand therefore the advantages.
“The competition is us getting stronger,” he added. “In my view, in a scenario where we, Sony and Nintendo do well in the console market – all with their own strengths, uniqueness, content and capabilities – it gives gamers more choice.
“I hate to see consoles go in the direction of the mobile market where there are only two manufacturers. And right now we have three very good competitors.”
Finally, Spencer said that he feels sympathy for the regulators who have the difficult task of having to evaluate the acquisition of Activision Blizzard, as it is a question of analyzing a complicated market, between console and cloud, unknown to many of them.
“Most of the time in my Xbox career when I’ve met with government regulators, there’s been a real lack of knowledge about the video game industry,” Spencer said. “I appreciated being able to spend time with them and in some cases helping to educate on these topics. I think for many regulators this is their first time in this area.”

#Xbox #Acquisition #Activision #Blizzard #fundamental #Phil #Spencer

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( With inputs from : pledgetimes.com )

February 27, 2023
Court acts as protector & defender of fundamental rights and liberties: CJI

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New Delhi: The Chief Justice of India (CJI), D.Y. Chandrachud said on Saturday that for the court, there are no big and small cases – every matter is important, and the court has sought to use the language of the Constitution to humanise law and act as the protector and defender of fundamental rights and liberties.
Addressing a programme to mark the 73rd anniversary of the establishment of the Supreme Court, the Chief Justice said: “If we peruse the history of this court, we realise that the history of the Supreme Court is the history of the daily life struggles of the Indian people.”
Citing the daily case mentioning list, he stressed that through these seeming requests, one can sense the pulse of the nation.
“Above all, the message in this uniquely citizen-centric initiative is an assurance that the court exists to protect our citizens from injustice, their liberties are as precious to us and that the judges work in close connection with the citizens,” he said.
Chandrachud emphasised that for the court, there are no big or small cases, as every matter is important, and because it is in the seemingly small and routine matters involving grievances of citizens that issues of constitutional and jurisprudential importance emerge.
“In attending to such grievances, the court performs a plain constitutional duty, obligation and function,” he said, adding that the Supreme Court serves the world’s most populous democracy and is in true aspect a ‘people’s court’ because it is a collective heritage of the citizens of India.
The Chief Justice added that the court has also ensured that the criminal justice administration is not de-linked from the framework of human rights.
He said, for instance, while the death penalty has been upheld to be legal, the Supreme Court laid down various mitigating and aggravating circumstances that a judge should take into account before awarding the death sentence.

“This ensures fairness in the process. Psychiatric assessment of death row convicts is a humanising influence on the law. Thus, the court has sought to use the language of the Constitution to humanise law and act as the protector and defender of fundamental rights and liberties,” he said, adding that the Supreme Court has made a constant endeavour to ensure access to justice for everyone.
Citing public interest litigation (PIL), he said anyone can approach the constitutional courts in India to seek redressal of a violation of the fundamental rights of any person.
“By doing so, the court opened its door to persons bereft of means to approach the courts because of their social and economic disadvantages. This has provided a space for citizens to converse with the state on equal terms. In turn, the court has been using its jurisdiction to make the ‘rule of law’ a daily reality for persons belonging to marginalised communities,” the Chief Justice said.
He also said that in the recent Budget, the Centre has announced a provision of Rs 7,000 crore for Phase III of the e-Courts project.
“This will help enhance the accessibility of the judicial institutions and improve the efficiency of the justice delivery system in India. Such endeavours will ensure that the court truly reaches out to every citizen of our country,” Chandrachud said.
He also pointed out that between March 23, 2020, and October 31, 2022, the Supreme Court alone heard 3.37 lakh cases through video conferencing.
The Chief Justice of Singapore, Justice Sundaresh Menon, also delivered a lecture on the topic ‘Role of judiciary in a changing world’.
The apex court came into existence on January 28, 1950, two days after India became a Republic on January 26.
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#Court #acts #protector #defender #fundamental #rights #liberties #CJI
( With inputs from www.siasat.com )

February 4, 2023