Won't reconsider 1995 judgment defining Hindutva as 'way of life': SC

October 25, 2016

New Delhi, Oct 25: The Supreme Court said on Tuesday that it won't reconsider its 1995 judgment in which it defined Hindutva a "a way of life and not a religion."

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The SC's statement came on a plea filed by activist Teesta Setalvad who wanted the court to reconsider that judgment even as five states head to the polls next year. Her plea was to not only redefine Hindutva, but also to ban its use in elections.

Setalvad's plea also came in the context of the top court already examining a politically explosive question arising out of a separate plea filed in 1990. That question is - Will a religious leader's appeal to his followers to vote for a particular political party amount to electoral malpractice under Section 123 of the Representation of People Act.

The SC said today it is not examining the larger issue of whether Hindutva means Hindu religion, and whether the use of Hindutva in elections is permissible. The 7-judge SC bench said it is examining a nexus between religious leaders and candidates and its legality under Section 123 (3) of the Representation of People Act.

The ambit of Section 123(3) of the Representation of People Act, provides for the disqualification of a candidate, if he, or any one on his behalf, is found "promoting or attempting to promote feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language, for furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate".

The 1990 plea the SC is considering is to do with the Maharashtra assembly polls where Shiv Sena and BJP candidates allegedly used two speeches by Bal Thackeray and Pramod Mahajan - both now deceased - to seek votes in the name of Hindutva and the Hindu rashtra. Petitions were filed against many winning candidates of Shiv Sena and BJP in 1990 and the Bombay HC disqualified them.

On appeal, the SC reversed the judgments in all but two cases. One was later dismissed but the other was kept pending.

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May 7,2024

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Udupi: Udupi became the second city on the Karnataka coast after Mangaluru to launch water rationing, a senior official said on Tuesday.

Commissioner of the Udupi City Municipal Corporation Rayappa said that the rationing system will come into force from Wednesday and will continue till the water in the reservoir reaches comfortable levels.

The dam built across the Swarna river at a place called Baje, which is the only source of water for Udupi city, recorded 3.25 meters of water as against the top level of 6.30 meters.

The decision of water rationing will be reviewed periodically until the reservoir regains its fullest levels, the official said.

The Mangaluru City Corporation resorted to water rationing on Saturday following declining water levels in the reservoir built across the Nethravati river at Thumbe. 

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May 8,2024

Mangaluru: The Mangaluru North police have apprehended a minor in connection with alleged voyeurism incident reported in a private medical college in Mangaluru. 

DCP (Law and order) Sidharth Goyal said that the minor was produced before JJ Board as per due procedure. The incident came to light when a mobile phone was found in women's washroom in the college. 

The mobile-phone was discovered as it was ringing even when no one was in the toilet by the security guard of the college. 

Investigations revealed that the mobile phone had been strategically placed in the restroom. As a result, a case has been registered under north police station.

Further scrutiny into the matter uncovered the identity of the accused, a minor male aged 17, who had gained access to the college premises under the guise of being a patient. Following his apprehension, the accused was presented before the Juvenile Justice (JJ) Board in adherence to legal protocols.

The phone has been seized and a case has been booked under IPC section 354 (C), said the DCP.

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May 3,2024

Bengaluru: In a shocking revelation, a former member of Hassan Zilla Panchayat (ZP) has accused incumbent JD(S) MP Prajwal Revanna of raping her multiple times over three years and videographing the alleged crime.

A case was registered by the Criminal Investigation Department (CID) based on the statement by the 44-year-old survivor on Wednesday, May 1.

According to the First Information Report (FIR), the woman claimed that when she was a ZP member she used to visit the MLAs and MPs for various development works.

In one such instance in 2021, she met Prajwal seeking his help to get hostel seats for some female students at a local college. The woman, in her statement, said that since the MP was busy, she was asked to meet him the next day.

“The following day I visited the MP at his office and the MP's quarters in Hassan. The staff present there told me to wait on the first floor as there were many others in the hall. Prajwal spoke to some of the women waiting there, spoke with them and sent them off until I was the only one left,” the woman alleged.

As per the survivor, the MP then called her inside a room and she obliged.

“He held my hand, pulled me inside and locked the door. When I asked him why was he closing the door, he told me nothing would happen and made me sit on the bed. He said my husband should talk less and warned me of the consequences. He also said that because of my husband, his mother, Bhavani Revanna, missed the MLA ticket. He told me that if my husband wants to grow politically, I should listen to him [Prajwal],” the woman alleged.

Next, Prajwal allegedly told the woman to lie down on the bed and undress. When the woman refused and said that she would shout, Prajwal allegedly threatened her that he had a gun and warned of dire consequences for her and her husband.

The woman alleged that Prajwal took out his mobile phone and then raped her.

“He raped me and sexually assaulted me and recorded the act on his mobile phone,” the woman alleged. “He threatened to leak the video if I ever spoke about it and told me to be there whenever he wanted. After that, he used to video call me frequently, ask me to be naked during the call and raped me in multiple instances.”

The woman claimed that she was scared and did not make the incident public and chose to come forward after she learnt of the Special Investigation Team (SIT) set up by the Karnataka government to probe the alleged Hassan sex scandal.

A case was registered under Sections 376(2)(n) (commits rape repeatedly on the same woman), 506 (criminal intimidation), 354A(1)(physical contact and advances involving unwelcome and explicit sexual overtures), 354B (assault or use of criminal force to woman with intent to disrobe) and 354C (voyeurism) of the Indian Penal Code (IPC) and 66E (violation of privacy) of the Information Technology (IT) Act.

Prajwal is also accused in a sexual harassment case along with his father, Holenarasipur MLA HD Revanna, registered at the Holenarasipur police station in Hassan on April 28. 

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