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Audience need not stand up when Anthem played in Films: Supreme Court

Supreme Court clarifies the fact that the audience need not stand up while the National Anthem is being played during the screening of a film

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Issue of Cruelty on Animals
Supreme Court of India. Wikimedia commons

New Delhi, Feb 14, 2017:  It was clarified by the Supreme Court today that the audience need not stand up when the National Anthem is played as a part of the story-line of a film, documentary or newsreel.

According to PTI reports, A bench of Justices Dipak Misra and R Banumathi made this much-anticipated clarification after one of the petitioners said that the apex court should clarify if people are supposed to stand when the National Anthem is being played in a film, newsreel or documentary.

“It is clarified that when the National Anthem is played as part of the storyline of a film, newsreel or a documentary the audience need not stand,” the bench stated.

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The matter has been fixed for further hearing on April 18 by the bench, which said the issue raised by petitioners needs to be debated.

On November 30 last year, cinema halls across the nation were ordered by the apex court to mandatorily play the National Anthem before the screening of any movie . The audience had to stand up during the anthem and show respect.

This order had come on the PIL filed by one Shyam Narayan Chouksey seeking directions that National Anthem should be played in cinema halls across the country before the beginning of a film and proper norms and protocol should be fixed when it comes to the playing and singing of the National Anthem at official functions and events in the presence of those holding constitutional office.

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It had also been observed by the apex court, while passing a slew of directions that “time has come when citizens must realise they live in a nation and are bound by duty to show respect to National Anthem which is a symbol of constitutional patriotism and inherent national quality.”

It had also mentioned that, “When one shows respect to the National Anthem as well as to the National Flag, love and respect for the motherland is reflected”.

Printing of the anthem or part of it on any object and showcasing it in such a manner at certain places which may be “disgraceful to its status and tantamount to disrespect” had been barred by the orders of the court. Playing or displaying an “abridged version” of the anthem had also been strictly prohibited.

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The apex court has been approached by various other petitioners. The court has tagged them with and the bench has tagged with the main petition.

– prepared by Durba Mandal of NewsGram. Twitter: @dubumerang

 

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Indian Muslim Should Embrace The Triple Talaq Verdict, As It Outlaws the Radical Religious Side

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Triple Talaq
End of Triple Talaq. IANS

by Frank F. Islam

Sep 21, 2017 (IANS): On August 22, the Supreme Court ruled that triple talaq — the practice which allows a man to divorce his wife instantly by saying the word talaq thrice — is unconstitutional. Predictably, the ruling was denounced by a number of Muslim leaders and organisations. Some interpreted it as an attack on their religion and way of life. Others saw a conspiracy angle in the importance given to an issue.

This perspective is desperate and distorted. This perspective is not only wrong but also wrong-headed, misplaced and misguided.

I applaud this judgement because I strongly believe that Muslim instant divorce is illegal and incorrect in many ways. Instant divorce is deplorable, disgraceful and shameful. In addition, it is demeaning, demonising, disheartening and demoralising to Indian Muslim women.

Most importantly, as one of the judges pointed out, triple talaq is against the basic tenets of the Quran. Recognising this, many Islamic countries, including two of India’s large Muslim neighbours — Pakistan and Bangladesh — have abolished the practice.

In addition, it is unconscionable to think that a man should be allowed to banish a woman to whom he is married — who is also the mother of his child or children, in many cases — by uttering a word three times, with no consequences. Triple talaq is also inherently discriminatory in that only a man has that “right” — a Muslim woman cannot end the marriage in a similar way.

Also Read: One India, One Law: End of Triple Talaq 

Over the years, some Muslim organisations have rationalised triple talaq by arguing that divorce rates within their community are quite low compared to other religious groups. It affects less than a third of a per cent of Muslim women, they argue. This is neither a sound legal nor moral argument. Even if one concedes that instant divorce affects only a minuscule population, injustice should never have legal sanction, regardless of how many people are affected.

The triple talaq ruling, the result of a decades-long campaign by women’s rights groups, was a historic verdict. With the stroke of a pen, the judges made illegal a practice that over the decades has ruined the lives of countless Indian Muslim women.

In the absence of a comprehensive study among Indian Muslim women, it is not known how many of them have been divorced in this manner. A 2013 survey of Muslim women in 10 Indian states by the Bharatiya Muslim Mahila Andolan, an advocacy group that fights for the rights of Indian Muslims, found that triple talaq was the most common mode of divorce among those surveyed.

Of the 4,710 women sampled in the survey, 525 were divorcees. Of them, 404 were victims of triple talaq. More than 80 per cent of them did not receive any compensation at the time of divorce.

Two of the five judges that delivered the triple talaq judgment differed on the constitutionality of practice. The bench was in unanimous agreement, however, in asking the government to enact within six months legislation to govern Muslim marriages and divorces.

India’s justice system has numerous drawbacks. It often takes decades for courts to deliver justice. In this instance, the Supreme Court should be applauded for delivering a correct judgment in a timely manner.

The ball is now in the government’s court. It is up to people’s representatives to come up with policies that will change the lives of Muslim women for the better.

Equitable legislation on Muslim marriages and divorces should be just the starting point. The central and state governments must craft policies that empower women belonging to all castes, creeds and religions. Such policies should focus on educating women, developing their skills and making them part of the work force. Empowerment of this type will allow them to pursue and create their own destiny. It will lead to financial independence. In addition, it will promote the security and stability of women and will build their self-esteem and confidence.

India’s Muslim community should embrace the Supreme Court verdict. They should join together to say: End triple talaq. End triple talaq. End triple talaq. They should leverage the verdict as an opportunity to advocate for and bring about much-needed reforms related to women’s rights. (IANS)

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Mahalaya: Beginning of “Devipaksha” in Bengali Celebration of ‘Durga Puja’

“Mahalaya” is the auspicious occasion that marks the beginning of “Devipaksha” and the ending of “Pitripaksha” and heralds the celebration of Durga Puja

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Mahalaya morning in Kolkata. Flickr
  • Mahalaya 2017 Date: 19th september.
  • On Mahalaya, people throng to the holy river Ganges in order to pay homage to their ancestors and forefathers; which is called ‘Torpon’
  • Mahalaya remains incomplete without the magical chanting of the scriptural verses from the ‘Chandi Kavya’ that is broadcasted in All India Radio
  • The magic is induced by the popular Birendra Krishna Bhadra whose voice makes the recitation of the “Chandi Kavya” even more magnificent

Sept 19, 2017: Autumn is the season of the year that sees the Hindus, all geared up to celebrate some of the biggest festivals of India. The festive spirit in the Bengalis all enthused to prepare for the greatest of the festivals, the ‘Durga Puja’.

About Mahalaya:

Mahalaya is the auspicious occasion that marks the beginning of “Devipaksha” and the ending of “Pitripaksha,” and this year it is celebrated on September 19.

Observed exactly a week before the ‘Durga Puja’, Mahalaya is the harbinger of the arrival of Goddess Durga. It is celebrated to invoke the goddess possessing supreme power! The goddess is invited to descend on earth and she is welcomed with devotional songs and holy chants of mantras. On this day, the eye is drawn in the idols of the Goddess by the artisans marking the initiation of “Devipaksha”. Mahalaya arrives and the countdown to the Durga Puja begins!

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The day of Mahalaya bears supreme significance to the Bengalis. The day is immensely important because on this day people throng to the holy river Ganges in order to pay homage to their ancestors and forefathers. Clad in white dhotis, people offer prayers and take dips in the river while praying for their demised dear ones. The ritual is popular as “Torpon”.

Mahalaya
An idol-maker in progress of drawing the eye in the idol of the Goddess. Wikipedia

As per Hindu myth, on “Devipaksha”, the Gods and the Goddesses began their preparations to celebrate “Mahamaya” or Goddess Durga, who was brought upon by the trinity- Brahma, Vishnu, and Maheshwara; to annihilate the fierce demon king named Mahishasura. The captivating story of the Goddess defeating the demon got popularized with the goddess being revered as “Durgatinashini” or the one who banishes all the evils and miseries of the world. The victory of the Goddess is celebrated as ‘Durga Puja’.

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Mahalaya remains incomplete without the magical chanting of the scriptural verses from the ‘Chandi Kavya’ that is broadcasted at dawn in All India Radio in the form of a marvelous audio montage enthralling the souls of the Bengalis. Presented with wonderful devotional music, acoustic drama, and classical songs- the program is also translated to Hindi and played for the whole pan-Indian listeners.

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Mahalaya
Birendra Krishna Bhadra (1905-1991). Wikipedia

The program is inseparable from Mahalaya and has been going on for over six decades till date. The magic is induced by the popular Birendra Krishna Bhadra whose voice makes the recitation of the “Chandi Kavya” even more magnificent! He has been a legend and the dawn of Mahalaya turns insipid without the reverberating and enchanting voice of the legendary man.

Mahalaya will keep spreading the magic and setting the vigor of the greatest festival of the Bengalis- the Durga Puja, to worship the supreme Goddess, eternally.

                 “Yaa Devi Sarbabhuteshu, Shakti Rupena Sanhsthita,

                     Namastaswai Namastaswai Namastaswai Namo Namaha.”

– by Antara Kumar of NewsGram. Twitter: @ElaanaC

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Why Does 45th Chief Justice of India Dipak Misra Need ‘Z’-Category Security of Armed NSG Commandos?

Jjustice Depak Misra, who had been recommended as a successor by Justice J.S Khehar in July, becomes the 45th Chief Justice of India and was administered the oath of office by President Ram Nath Kovind.

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Chief Justice of India.
The swearing in ceremony of Justice Dipak Misra as the 45th Chief Justice of India. Twitter
  • Justice Dipak Misra was sworn in as the 45th Chief Justice of India
  • His tenure will span for the next 14 months until his retirement in October 2018
  • Justice Misra is the only CJI to have armed protection of black commandos

New Delhi, August 29, 2017: The Chief Justice of India (CJI) J.S Khehar demitted office on August 27. The next in line was Justice Dipak Misra, who was sworn in on August 28 as the 45th Chief Justice of India at a ceremony held at the Darbar Hall of the Rashtrapati Bhawan.

President Ram Nath Kovind administered the oath taking ceremony of Misra, who had been recommended as a successor by Justice J.S Khehar in July this year.

In his career spanning 40 years, Justice Dipak Misra ventured into most realms of the law- civil, criminal, constitutional, revenue services and matters concerning sales tax, proving his grit to take over the new position. But that is not the only intriguing aspect of his career.

Justice Deepak Misra is the first ever Chief Justice of India to have a ‘Z’-category security cover.

The 45th CJI was provided with an upgraded security cover in 2015 after he had received a death-threat letter from terrorist organizations.

Why Would A Supreme Court Judge Need Security Cover?

On July 30, 2015, Justice-Misra headed the three-judge bench in a hearing when Yakub Memon, convicted in the 1993 Mumbai serial blasts, pleaded for a 14 days’ stay on his death penalty just hours before he was to be hanged. The pleas were starkly dismissed in an incomparable 2:30 am hearing and the judgment went on to become a landmark in the Indian legal history.

However, shortly after the hearing, an anonymous letter enclosed in an envelope threatening Misra of dreadful consequences was delivered at his official residence following which he was provided with a ‘Z’ security cover which remains till date.

ALSO READ: Threat letter to judge who rejected Memon’s mercy plea

A protectee under ‘Z’ category gets security cover from armed commandos of the National Security Guards (NSG) along with an escort vehicle and a pilot vehicle, each having three armed personnel, for the protection of his official vehicle.

Today, Justice Misra is the only top judge to ever use a bullet-proof ambassador car supplemented with a police escort.

Chief Justice of India
CJI Dipak Misra, seen here with Vice President Venkaiah Naidu, President Ram Nath Kovind and PM Narendra Modi. Twitter

However, death threats never stalled the 63-year old Justice Dipak Misra from taking monumental judgments and he has been at the forefront of some of the landmark judgments in the recent history. We take a look at the highlights from his career,

1. In May 2017, Justice Misra doctored the long-awaited landmark ruling and confirmed death penalty of the four convicts in the monstrous 2012 Nirbhaya gang rape that shook the entire world.

2. Justice Dipak Misra also headed the bench that mandated to play the National Anthem in cinema houses before the start of every movie for which he received a lot of flak. He also ordered for the viewers to stand up in “committed patriotism and nationalism” every time the National Anthem and/or the National Flag are featured in the theatres.

3. One of the most noteworthy decisions by Justice Misra include directing all State and Union Territories to upload all FIRs registered on their websites within 24 hours of registration at the police station. The move has made the entire process transparent, allowing the accused to download complaints and seek redressal of their grievances.

4. Justice Misra was also one of the seven judges of the special bench set up by the Supreme Court for a contempt of court hearing against Justice C.A Karman who had levied corruption charged on 20 judges of the High Court. The bench defended the constitutionality of the 150-year old law on criminal defamation and sentenced Karnan to six months in jail.

5. In 2015, a Justice Misra-led bench stayed the Maharashtra government’s ban on dance bars that had mushroomed in Mumbai and other parts of the state during the 90s. However, it maintained that the government must take steps to protect and uphold the dignity of women who performed at these bars.

6. Justice Misra is also known for his strict stand against frivolous litigations. He previously rejected one such appeal that had objected to the use of the term ‘Dhobi Ghat’ in a film’s title and had warned the petitioner.

7. He was also part of the bench that rejected the Uttar Pradesh government’s decision to allow for reservations in promotions and asserted that this can only be allowed if there is sufficient supportive data and evidence to justify the decision.

8. Holding chair as the executive chairperson of the National Legal Services Authority, Justice Misra introduced the facility of Legal Assistance Establishment or Nyay Sanyog in states to simplify activities to provide free and faster legal aid to the deprived people.

9. Justice Misra also headed the three-judge bench that instructed the Centre in April 2017 to conduct NEET examination in Urdu from academic year 2018-2019 onwards. NEET examinations are held for students who wish to pursue a graduate medical course or a post-graduate medical course in private or government colleges.

Justice Dipak Misra’s tenure as the 45th Chief Justice of India will span for the next 14 months until he retires in October 2018 and is expected to see judgments in some high-magnitude issues like the validity of the Aadhaar card, the special status accorded to Jammu and Kashmir and the Ayodhya land dispute.


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