‘Trivial politics to please certain communities’: HDK slams Cong for boycotting new Parliament opening

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May 26, 2023

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Bengaluru, May 26: JD(S) leader and former Karnataka chief minister H D Kumaraswamy on Friday slammed the "hypocrite Congress" for boycotting the inauguration of the new Parliament building. 

The Congress and some other political parties have decided to shun the inauguration of the building on May 28 saying that it should have been done by President Droupadi Murmu and not Prime Minister Narendra Modi.

A day after former prime minister and JD(S) supremo H D Deve Gowda announced his decision to attend the inauguration, his son and the JD(S) second-in-command Kumaraswamy said the call given by Congress showed its double standard to advance its "trivial politics" to turn votes in its favour by "pleasing certain communities".

The JD(S) leader, however, clarified that the stand taken should not be perceived as his party's soft corner for the BJP.

Addressing reporters here, Kumaraswamy said the JD(S) had a detailed discussion on the topic and finally it was agreed upon that it will attend the inauguration on May 28.

The former chief minister said the Parliament building has not been built by a party but rather using the taxpayers money. However, Congress and a few other parties have decided to boycott the inauguration saying that it should be unveiled by the President, who belongs to the tribal community, he added.

Kumaraswamy reminded the Congress that the foundation stone of the Chhattisgarh Assembly building was laid by Sonia Gandhi and Rahul Gandhi and not the Governor.

"In Karnataka too, the foundation of the Vikasa Soudha was inaugurated by the then Congress Chief Minister (Dharam Singh) in 2005 and not the Governor (at the time). This is the doublespeak of Congress, which seeks to turn votes in its favour by raising trivial political issues to appease certain communities," Kumaraswamy said.

He also sought to know why the Congress had fielded former Union minister Yashwant Sinha against Murmu during the presidential election if it had so much respect for a tribal woman.

"If you truly had respect for a tribal woman, you should have elected her unopposed since it's a presidential election. Why did you field Yashwant Sinha? Now, you have developed respect for her! We can see through your hypocrisy behind the respect for President Murmu," Kumaraswamy said.

He also advised the Congress not to spoil its respectful position by indulging in petty politics. 

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News Network
July 8,2024

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A leading general medical journal has estimated that the death toll from Israel’s genocidal war on the Gaza Strip could be 186,000 or even more, translating to 7.9 percent of the population in the Palestinian territory.

In a report published on Friday, The Lancet said the figure includes both direct and indirect deaths from the Israeli onslaught and those still buried under the rubble in the besieged Gaza.

The journal added that it had applied a conservative estimate of four indirect deaths per one direct death reported by the Gaza Health Ministry.

“It is not implausible to estimate that up to 186,000 or even more deaths could be attributable to the current conflict in Gaza,” it said.

Israel unleashed its brutal Gaza offensive on October 7 after the Palestinian Hamas resistance group carried out its historic operation against the occupying entity in retaliation for the regime’s intensified atrocities against the Palestinian people.

According to the Gaza Health Ministry, the Tel Aviv regime has so far killed at least 38,514 Palestinians, mostly women and children, in Gaza. The ministry announces the death toll only after receiving the dead bodies. 

The figure provided by the ministry is “likely an underestimate,” The Lancet said. “The total death toll is expected to be large given the intensity of this conflict; destroyed health-care infrastructure; severe shortages of food, water, and shelter; the population’s inability to flee to safe places; and the loss of funding to UNRWA, one of the very few humanitarian organizations still active in the Gaza Strip.”

It also called for an immediate and urgent ceasefire in Gaza accompanied by measures to enable the distribution of medical supplies, food, clean water, and other resources for basic human needs.

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News Network
July 10,2024

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The Supreme Court today (July 10, 2024) held that a Muslim woman is entitled to file a petition for maintenance against her husband under Section 125 of the Code of Criminal Procedure.

The Bench of Justices BV Nagarathna and Augustine George Masih dismissed a petition filed by a Muslim man's plea against the direction to pay interim maintenance to his divorced wife under Section 125 CrPC. The Court held that the Muslim Women (Protection of Rights on Divorce) Act 1986 will not prevail over the secular law.

Justices Nagarathna and Masih delivered separate but concurring judgments.

"We are dismissing the criminal appeal with the conclusion that Section 125 CrPC would be applicable to all women and not just married women," Justice Nagarathna stated.

The bench clarified that if during the pendency of a petition under Section 125 of the CrPC a Muslim woman is divorced, then she can take recourse to the Muslim Women(Protection of Rights on Marriage) Act 2019. The bench stated that the remedy under the 2019 Act is in addition to the remedy under Section 125 CrPC.

Background

For a comprehensive understanding of the facts of the case and the issue involved, click here.

Senior Advocate S Wasim A Qadri, appearing for the petitioner-husband, raised the following contentions:

(A) The Muslim Women (Protection of Rights on Divorce) Act, 1986 Act ("Act") is a special law in the nature of beneficial legislation, which provides way more than what Section 125 CrPC contemplates. Besides maintenance, Section 3 of the Act also deals with mehr, dower and return of property. Under the Act, a "reasonable and fair" provision is also made for the divorced woman's entire life, but the same is not contemplated under Section 125 CrPC. Moreover, if the divorced woman has sufficient means, she cannot file for maintenance under Section 125 CrPC, however, that is the case with Section 3 of the Act.

(B) To the legal position flowing from Mohd Ahmed Khan v. Shah Bano Begum, factum of divorce was not relevant and every Muslim woman was entitled to maintain a Section 125 CrPC petition. To upset this ruling, the Act was enacted and it codified the Supreme Court judgment. The Act is a complete code in itself and a reading of its provisions would show that it was intended to have an overriding effect over Section 125 CrPC. While it makes provisions for "divorced" Muslim women, deserted or neglected Muslim women may resort to Section 125 CrPC.

(C) It is a settled position of law that special law (the Act) shall prevail over general law (CrPC). Language of the Act being clear, there is no reason for the Court to go beyond. It must simply give effect to what is stated in the Act.

(D) Section 5 gives an option to the divorced couple to not be governed by the Act. This shows that a Muslim wife cannot resort to both remedies.

(E) As per Section 7 of the Act, a Section 125 CrPC petition pending at the time of commencement of the Act was to be disposed of by the Magistrate in terms of Section 3 of the Act. This shows that the ambit of Section 125 CrPC in these petitions was to be interpreted in light of provisions of the Act, read with Section 5 CrPC (which excludes applicability of CrPC provisions when there is a special provision).

(F) Under doctrine of implied repeal, the Parliament is presumed to know pre-existing law and won't intend to create any confusion by retaining conflicting provisions. In applying this doctrine, Court must give effect to legislative intent of the two enactments (CrPC and the Act).

Amicus and Senior Advocate Gaurav Agarwal, on the other hand, put forth the following submissions:

(A) The Act only concretizes Muslim personal law. It broadens a divorced Muslim woman's entitlement to maintenance beyond the iddat period, but does not take away the relief available to her under Section 125 CrPC because the purpose behind the latter is different.

(B) The petitioner's reliance on Section 5 of the Act is misplaced, as that provision comes into play when an application has been filed under Section 3 of the Act. In the present case, the respondent-wife had approached the Court under Section 125 CrPC.

(C) Section 7 of the Act is only a transitional provision. If an application was pending under Section 125 CrPC on the date of commencement of the Act, it was to be subsequently governed by Section 3. However, that does not mean that Section 125 CrPC petitions could no longer be filed.

(D) In Danial Latifi & Anr v. Union Of India, Supreme Court only dealt with validity of the Act. Though the validity of provisions of the Act was upheld, the Bench questioned in the said case as to how it could deprive Muslim divorced women the same right which is available to other women in the country.

(E) As per Section 127(3)(b) CrPC, if some provision has been made under personal law, a husband may avoid liability for maintenance under Section 125 CrPC. It would be for Courts to record a fact-finding in this regard.

(F) Different High Courts have taken different views, so clarity on the issue has become necessary. Judgments that are no longer good law may be declared as such. Kerala High Court has taken a view both Section 125 (CrPC) petition and Section 3 (1986 Act) petition are maintainable, but a woman has to choose between one of the two. But this position is not correct.

Before conclusion of arguments, the Amicus also pointed to a scenario where a divorced Muslim woman may accept provision made under personal law for her entire life, but later realize that it was not sufficient. In that case, she can only approach under Section 125 CrPC and not under Section 3 of the Act. As such, she should not have to choose between the two remedies and must be entitled to both.

Court Observations during the hearing

During the hearing, the Bench remarked that Section 3 of the Act begins with a non-obstante clause. As such, it is not in derogation to what is already provided under Section 125 CrPC, but an additional remedy.

Justice Masih said : "this Act does not bar...it is the choice of the person who had applied or moved an application under 125...there is no statutory provision provided under the Act of 1986 which says that 125 is not maintainable". Concurring, Justice Nagarathna said that there was nothing in the 1986 law which barred one remedy in favor of the other.

When the Bench enquired as to whether the present petitioner had paid anything to the respondent-wife during the iddat period, answer was given in the negative. The Amicus clarified that a draft of Rs.15,000 was tendered by the petitioner during the iddat period, but the same was not claimed by the respondent-wife. Taking into account the same, the Bench said that it would still have been understandable if the petitioner had made provision for the wife during the iddat period, as in that case, Section 127(3)(b) CrPC may have come into play.

Responding to the petitioner's submission that none of the judgments cited by either side had dealt with Section 7 of the Act, Nagarathna J said that the provision was only with regard to pending cases (and thus, transitory). Countering the contention, the Amicus drew attention of the Court to a Kerala High Court judgment which considered Section 7 and held that it could not be interpreted as extinguishing the right of divorced Muslim women to file petitions under Section 125 CrPC.

Notably, the Kerala High Court (in the judgment cited by the Amicus) was of the view that the transitory provision was intended to do away with the necessity of Muslim women, who had Section 125 CrPC petitions pending at the time of commencement of the Act, having to file fresh claims under Section 3 of the special law. To quote the Bench,

"If the Parliament had the intention to extinguish such rights of the Muslim woman, it would only be reasonable to expect the Parliament to speak in definite and specific language about such extinguishment. Parliament must have been aware that when 1986 Act was enacted, number of orders must have passed in favor of divorced Muslim women under Section 125...Message appears to us to be loud and clear...Both rights, under Section 125 of the Code and Section 3 were conferred on the divorced women. She has the right to choose."

As against the petitioner's submission that the provisions of the Act indicate Parliament's intent to bar entitlement of Muslim women to file maintenance claims under Section 125 CrPC, the Court expressed an opinion that the same would be unconstitutional.

If the Parliament intended for divorced Muslim women to no longer be entitled to file petitions under Section 125 CrPC from the date of commencement of the Act, it could have explicitly given an overriding effect to the Act, the Bench remarked. To quote Nagarathna J, "In the absence of such a thing, can we add a restriction to the Act? That is the point".

After hearing the submissions of both the Senior Advocates, the judgment was reserved on February 19.

Counsels for petitioner-husband: Senior Advocate S Wasim A Qadri; Advocates Saeed Qadri, Saahil Gupta, Deepak Bhati and Shivendra Singh; AOR Udita Singh

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News Network
July 7,2024

An elderly man from Karnataka’s Shivamogga who had tested positive for Zika virus, died late Friday. Since the patient had comorbidities, doctors are yet to ascertain whether his death was directly caused by the virus.

Nonetheless, this is the first reported incident of death in Karnataka of a patient with traces of the deadly virus in his body this year. Another patient infected with the virus in Shivamogga is currently under treatment at home.

District health officer (DHO) Dr Nataraj said the 74-year-old man who died was suffering from breathing problems and other age-related issues. "He died at his residence in Gandhinagar after being discharged from the hospital," Dr Nataraj said. The patient was admitted to a private hospital on June 18.

After his blood and urine samples were tested, the hospital referred the results to McGann Hospital. Experts at McGann analysed the samples and forwarded them to the National Institute of Virology (NIV) in Bengaluru for a final report.

On June 21, the report from NIV confirmed that the patient was infected with Zika virus. Since then, he was under treatment at a private hospital.
However, despite his unstable condition, his family insisted on getting him discharged against medical advice. The patient was taken home early on Friday. He passed away later that night.

"Zika virus has no special treatment, except for symptomatic treatment, like any other viral infection," the DHO explained.

"Every day, we analyse all test reports and if there is any suspicion, we send the sample in question to NIV for confirmation. Samples collected from pregnant women with symptoms are taken special care of and are invariably sent to the NIV," the DHO further said.

Symptoms

Zika virus is transmitted primarily by Aedes mosquito bites that happen mostly during the day. Patients showing symptoms such as headache, joint and muscle pain, conjunctivitis must be monitored for more than a week, a health official said. Seeking medical advise during the first few days after contracting the virus is crucial.

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