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Modi government can’t scrap Article 370. Here’s why

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By Newgram Staff Writer

Government does not have the numbers to enact the Constitutional Amendment to scrap Article 370, Kiren Rijiju, Union Minister of State for Home Affiars said.

Responding to the question in Rajya Sabha about whether the Government was planning to do away with the special status of J&K, Kiren Rijiju said that the Government lacks the numbers needed to amend Article 370 in the Parliament.

‘It needs a Constitutional Amendment. Even if we say, we don’t have numbers in the House. So there is no point talking about this issue, because we will not rake up this issue. The party’s view is already known.’ said Kiren Rijiju

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Catalonia Independence : Spanish PM plans to remove Catalonia’s leaders to take control

Many Catalans who want to remain in Spain will approve of this strident action. But those who want independence for their region are likely to see this as a provocation rather than a solution

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The Spanish Prime Minister said one of his aims is to restore peaceful co-existence to Catalonia by removing its leaders. VOA

Madrid, October 22, 2017 : Spanish Prime Minister Mariano Rajoy has outlined plans to remove Catalonia’s leaders and take control of the separatist region.

Speaking after an emergency cabinet meeting on Saturday, Rajoy stopped short of dissolving the region’s parliament but put forward plans for elections, BBC reported.

The measures must now be approved by Spain’s Senate in the next few days.

Large crowds have gathered in Barcelona to protest against direct rule from Madrid. It comes almost three weeks after Catalonia held a disputed independence referendum.

Spain’s Supreme Court had declared the vote illegal and said it violated the constitution, which describes the country as indivisible.

Catalan leader Carles Puigdemont has ignored pleas from the national government to abandon moves towards independence.

Rajoy said the the Catalan government’s actions were “contrary to the law and seeking confrontation”. He said it was “not our wish, it was not our intention” to impose direct rule.

This will be via Article 155 of Spain’s constitution, which allows it to impose direct rule in a crisis on any of the country’s semi-autonomous regions.

Spanish law dictates that elections must be held within six months of Article 155 being triggered, but Rajoy said it was imperative that the vote be held much sooner.

Reports say that Spain’s interior ministry is preparing take control of Catalonia’s Mossos police force and remove its commander Josep Lluís Trapero, who is already facing sedition charges.

The government is also considering taking control of Catalonia’s public broadcaster TV3, El País newspaper reported.

Catalan Vice-President Oriol Junqueras said Rajoy and his allies had “not just suspended autonomy. They have suspended democracy”.

Barcelona Mayor Ada Colau said it was a “serious attack on the rights and freedoms of all, both here and elsewhere” and called for demonstrations.

The president of Barcelona football club, Josep Maria Bartomeu, said the club gave its “absolute support for the democratic institutions of Catalonia chosen by its people”.

But he called for any reaction to be “civil and peaceful” and said dialogue was the only way to a solution.

Eduard Rivas Mateo, spokesman for the Catalan Socialist party — which supports the Spanish government’s stance but also wants constitutional reform — said he could not accept a “harsh application” of Article 155.

ALSO READ Catalonia Protesters Demand Release of Separatist Leaders

But Ines Arrimadas, head of the centrist Ciudadanos party in Catalonia, which is against independence, said holding fresh elections would “restore goodwill and democracy” in the region.

Rajoy’s use of Article 155 had been widely anticipated, but his announcement when it came still had a huge impact. The article has never been invoked before, so there was a certain amount of mystery surrounding its potential reach and meaning.

Although Rajoy insisted that Catalonia’s self-government is not being suspended, many will disagree. The removal from office of Carles Puigdemont and all the members of his cabinet, to allow ministers in Madrid to take on their duties, amounts to a major reining in of Catalonia’s devolved powers.

The Spanish Prime Minister said one of his aims is to restore peaceful co-existence to Catalonia with these measures.

Many Catalans who want to remain in Spain will approve of this strident action. But those who want independence for their region are likely to see this as a provocation rather than a solution. (IANS)

 

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Lalu Yadav is Shamelessly Corrupt and a Fake Secular

The author Gaurav Tyagi asserts that Lalu’s party RJD, should be disbanded and a life ban should be imposed on Lalu plus his kin from pursuing political careers. Read on to know why!

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Does Lalu Yadav portray himself as the ‘messiah’ of Muslims by aligning with fundamentalist Muslim preachers? Wikimedia


– by Gaurav Tyagi


New Delhi, September 5, 2017 : 
26th July witnessed a big political drama in India, when Nitish Kumar, the C.M. of Bihar submitted his resignation.

The government in Bihar was a coalition of three political parties; Nitish Kumar’s JD(U), Lalu Yadav’s RJD and Congress.

Nitish was back in the C.M’s chair, the very next day due to the support extended to his party, JD (U) by BJP to form the government in Bihar.

The coalition of the aforesaid three parties thereby collapsed, which annoyed Lalu Yadav, the head of RJD a lot.

Lalu Yadav hijacked the plank of secularism to indulge in blatant corruption and promote his family in politics.

Secularism implies the principle of separating government institutions as well as politicians from religion and religious figures. In India the meaning of secularism has entirely been altered by politicians like Lalu, who openly woo Muslim fundamentalists from Mosques and waste government funds in order to appease them.

Lalu keeps on harping upon keeping Muslims safe in Bihar. Maintenance of law and order is the foremost task of any elected government, what’s the big deal in it?

ALSO READ Dynasty syndrome: Lalu chosen as RJD chief for 9th time

Lalu’s politics involves developing vote banks from his caste comprising of Yadavs and Muslims.

He portrays himself as the ‘messiah’ of Muslims by aligning with fundamentalist Muslim preachers and gangsters like Shahbuddin.

Lalu never addresses the root cause of poverty and backwardness among Indian Muslims.
It is largely due to the community shunning of mainstream educational institutes and going to worthless madrasas, (Muslim religious schools) which primarily focus on students, rote learning of the Muslim holy book; Koran.

In the absence of modern knowledge, madrasa graduates are unable to improve their material prosperity and face the challenges of contemporary society.

The Ulemas or the Islamic scholars’ regressive attitude is reflected in the following statement of Maulana Samiul Haq, of the Haqqania madrasa, a prominent Deobandi madrasa; “Young minds are not for thinking. We catch them for the madrasas when they are young, and by the time they are old enough to think, they know what to think.”

Fake seculars like Lalu would never tell Muslims to study in proper schools because an educated Muslim can easily decipher the tricks played by such politicians.
A large number of illiterate or madrasa brand Muslims suit Lalu because then by showing the fear of BJP and Hindus, these Muslims can be easily turned into vote banks for his political party.

CBI, ED and other government agencies recently conducted large number of raids on Lalu and his family. They discovered Billions amassed by this so called ‘champion of oppressed’.

Lalu accumulated large number of farm-houses, land holdings, companies etc. in the name of his family comprising of his illiterate wife and 9 children; 7 daughters and 2 sons.

Both his sons, Tejashwi Prasad Yadav and Tej Pratap Yadav, are school drop-outs. The former was the deputy CM of Bihar with various ministerial portfolios, while the latter was the Health Minister of the province in the coalition government.

Lalu Yadav
Tejashwi Prasad Yadav and Tej Pratap Yadav at a public event. Twitter

Lalu was declared guilty by the courts for his lead role in the Bihar fodder scam worth thousands of Crores. Lalu Yadav was jailed for 135 days in 1997 but he was lodged in a Bihar Military Police guest house with all comforts.

Before his incarceration, Lalu installed his uneducated wife Rabri Devi as the C.M. of Bihar. Lalu was jailed on various other occasions for his involvement in the aforementioned swindle.

Every time, Lalu was put in prison, he received 5 star hotel facilities and got bail easily. Lalu continued being the de facto C.M of Bihar by inducting his wife as the rubber- stamp C.M. of Bihar.

He was finally sentenced to a 5 year jail term in October 2013 by a special CBI court.
Instead of being in a jail, he is again out on bail, busy in enriching and establishing his progeny in politics.

A poster for Lalu Yadav’s political rally in Patna on Sunday, 27th August depicted one of Lalu’s foolish son as Lord Krishna while the other buffoon is shown as Arjun. Lalu’s daughter and Rajya Sabha M.P, Misa Bharti is depicted as the famous freedom fighter, Rani of Jhansi; Lakshmibai. Lalu and his wife Rabri are blessing their children in this poster.

What a mockery of historical and religious characters.

Lalu is saying that he and his family are being victimized. These utterances constitute ‘heights of shamelessness’.

Lalu indulged in blatant corruption and misuse of office for personal gains. On getting exposed he started parroting; this is a conspiracy of BJP and law would take its own course.

These terms in India mean that court cases would drag for 20-30 years. The politician will die but the court proceedings would still remain pending.
Classic example is Jayalalitha, the court cases against her were continuing since, 1996 but the final judgment was passed in 2017 after her death.

Lalu’s son, Tejashwi Prasad, the Ex-Deputy C.M of Bihar was a member of IPL cricket team, Delhi Daredevils for 4 years from 2008-2012.

ALSO READ Lalu’s son Tej Pratap faces his first electoral test in Mahua

During these 4 years, Tejashwi didn’t play a single game for Delhi Daredevils.

Which sporting team in the world would keep such a useless player in its squad?

Delhi Daredevils is owned by GMR group. This business house must be investigated, as to what were the compelling reasons behind continuous retention of this trash cricketer, who wasn’t competent to play even a single game during 4 seasons.

What were the financial benefits given to Tejashwi? Did the GMR group receive concessions from Lalu Yadav in exchange for keeping his son in Delhi Daredevils team? These are serious issues and need further investigations.

Misa Bharti, eldest daughter of Lalu Yadav is a Rajya Sabha M.P. She topped the MBBS examination of Patna Medical College Hospital during the late 90’s.

Misa never excelled in her classes, either at school or college. At her convocation, the presenter of the degree requested her not to treat any patients ever.

Lalu through his clout in Bihar first got her admission into MBBS and then deceptively made her a topper.

Misa Bharti after topping her MBBS studies and obtaining her medical degree did not work as a Doctor even for a single day, neither did she start her own medical practice.

This is humbug Lalu Yadav, the ‘self- styled’ protector of Muslims and ‘self- declared’ skipper of the Indian opposition political parties, comprising of so called secular forces but in reality just corrupt family controlled political dynasties.

Lalu and his political clan should be imprisoned for at least a minimum period of 10 years with provisions of no bail plus hard labor in the jail.

All undeclared properties; including land parcels, bank accounts, commercial businesses, residences etc. unearthed by the authorities during raids on Lalu and his family must be confiscated by the central government.

Lalu’s party RJD, which is nothing more than a corrupt family enterprise should be disbanded and a life ban imposed on Lalu plus his kin from pursuing political careers.

An exemplary example needs to be made of this corrupt, Lalu so, as to deter other existing as well as budding ‘Lalu Prasad Yadavs’, abounding in the Indian political system from Kashmir to Kanyakumari.

 

– The author is a Master Degree holder in International Tourism & Leisure Studies from Netherlands and is based in China.

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What Gives Husbands The Licence to Rape? Decoding Marital Rape in the Indian Legal Scenario

Can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman?

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While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India. Pixabay
  • Cases of sexual violence, including rape, fall within the larger realm of domestic violence
  • Marital rape is yet to be categorized as a criminal offence in India
  • According to the central government, criminalizing marital rape “may destabilize the institution of marriage”

New Delhi, September 2, 2017 : Baby works as a domestic help; she says she cannot recall her age when her parents married her off to a man who was much older to her; a man she barely knew. She didn’t anticipate her husband would demand to have intercourse on their wedding night. She was still young and not ready, but that didn’t stop him. Baby was raped by her husband on her wedding night. But marital rape means nothing to her.

Sunita irons clothes for a living. She says has been married for more years than she can remember. The duo has four kids together, but that doesn’t stop her husband from raising a hand or two on her, every once in a while. Every night, her husband would get drunk, hit her and forcefully demand to have sex, paying no heed to her resistance. Sunita has three daughters, and a son, and the husband still wants to have progenies. “I told my mother that this man has raped me multiple times. She protested, arguing that he is ‘your husband’ after all,” she said.

But did she never decide to approach the authorities?

To this, Sunita promptly replied, “I once had a sore eye after he (the husband) hit me with his shoe when I refused to have sex. I went to the local hospital and then the police. I narrated the entire scene; they were very considerate, offered me water and then asked me to go home and ‘adjust’.”

Sunita is unaware of a term called ‘marital rape’.

This is the reality of a huge part of the society in real India.

Like Baby and Sunita, women who suffer such indignities are often asked to “adjust” with perpetrators of violence because of a deep –embedded fear of what the society would say. This notion of an ‘ideal woman’ impedes women to object to illicit treatment meted out by their ‘better halves’.

The debate around the issue has become ripe once again with the Central Government stating that what “may appear to be marital rape” to a wife “may not appear so to others”. In an affidavit to the Delhi High Court, the central government took a stand against criminalizing marital rape saying that it “may destabilize the institution of marriage” and also become easy tool for harass the husbands and the in-laws.

Rape v/s Marital Rape

Rape is defined in Section 375 of the Indian Penal Code, but with an irregularity: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”

While rape is addressed as perforation without a woman’s accord in its main clause, the only remedy to forced intercourse provided to ‘married’ woman is specified under Section 498-A of the IPC and the civil provisions of the Protection of Women from Domestiic Violence Act.

Following the horrific 2012 Nirbhaya rape case that brought the entire world to a standstill, the Indian media has given paramount coverage to instances of rape across the country. But even after 5 years of the gut-wrenching incident, there seems no end to this crime.

ALSO READ The Hardships of Sexuality: Marital rape, violence and humiliation

Cases of sexual violence, including rape, fall within the larger realm of domestic violence. However, rape by husbands within holy matrimony continues to remain an obscure subject in India and the exact number of cases is hard to gauge.

According to a 2015 report by National Crime Record Bureau (NCRB) tracing the proximity of offenders to the victims of sexual violence, it was revealed that in 95 per cent of all rapes, the offenders were familiar to the survivors. These, presumably include acquaintances, friends, relatives and colleagues.

And what about rape committed by husbands?

These cases continue to be an under-reported crime in India. This can be attributed to two major reasons,

  • Because of the stigma associated with it
  • Because of the presence of a defunct justice system

Furthermore, more often than not, these cases go missing because of several additional (and unnecessary) barriers stemming from a combination of familial and/or social power structures, shame and dependency.

Marital Rape In India

While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India.

A United Nations’ report titled ‘Why do some men use violence against women and how can we prevent it?’ published in 2013 disclosed that nearly a quarter of 10,000 men  in Asia-Pacific region, including India, admitted to have indulged in the rape of a female partner. The report traced their rationale to a deep-embedded belief that they are entitled to sex despite the consent of their partners.

The study also revealed that the majority of these instances were not reported and the perpetrators faced no legal consequences.

In 2014, United Nations Population Fund (UNFPA), in association with International Centre for Research on Women (ICRW) brought out a report titled ‘Masculinity, Intimate Partner Violence and Son Preference in India’. Among other things, the report analyzed the average Indian male’s understanding and interpretation of the idea of ‘masculinity’ and how that molds their interactions with women.

Not surprisingly, the study revealed that a typical man in the Indian society associated the attributes ‘tough’, and ‘controlling’ with masculinity.

Segments of the present day Indian society continue to look at men as tough forces, who can (must) freely exercise their privilege to establish rule in personal relationships and above all, continue to control women.

Additionally, the study also revealed that 60 per cent of the Indian men disclosed the use of physical violence to establish authority.

In India, stiff patriarchal norms continue to tilt the gender balance firmly in the favor of men, as a result of which, women are forced to internalize male dominance in their lives.

Marital Rape in India : A Legal Perspective

Section 375 essentially distinguishes between two categories of women

  • Married women
  • Unmarried women

Much to the Indian society’s disappointment, the Indian legal system denies protection from rape to the married woman. This creates discrimination as the women belonging to one section are denied justice merely by virtue of being married.

But can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman? Is it justified to discriminate a woman just because she is married to the man who has raped her?

The Debate Around Marital Rape In India

Despite the piquant situation, the issue raised furor when Minister of State for Home, Haribhai Parathibhai Chaudhary told the Parliament that the question of criminalizing marital rape in India has no relevance “as marriage is treated as sacred here.”

Does marriage being a sacrament provide one with the legal right to rape a woman?

South Asia director at Human Rights Watch Meenakshi Ganguly had retaliated saying that it is particularly concerning when a government that claims to secure the safety of women inside and outside national territory shamelessly turn to justify a crime in the name of culture and tradition.

Group director of social and economic development at the International Centre for Research on Women (ICRW) Priya Nanda asserted in an interview with a leading portal that “the reason men don’t want to criminalize marital rape is because they don’t want to give a woman the power to say no.”

In 2013, a three-member commission headed by Justice J.S. Verma suggested remedial measures to combat sexual violence in India, following the 2012 Nirbhaya rape case. One of its recommendations was the criminalization of marital rape.

ALSO READ Reasons Why Marital Rape Should Be Recognised as a Criminal Offence

The recommendation was ignored by the government as a large amount of people questioned its efficiency saying if made a crime,

  • It might be misused by people
  • It will be difficult to prove
  • It might break up marriages

But, how fair is it to not have a law against marital rape, only because of the reason that it is ‘difficult to prove’?

In a broader understanding, it needs to be understood that the criminalization of marital rape must not be viewed as a step against men or the institution of matrimony, but as an attempt to demolish the patriarchal system that continues to clutch the Indian society.


 

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