Round The States
New Delhi, 21 August
2021
‘Love Jihad’ Law
GUJARAT HC PUTS
BRAKES
By Insaf
Gujarat High Court
gives a ray of hope. It has stayed the operation of some sections of the
anti-conversion law, saying it is to ‘protect people from unnecessary
harassment.’ On Thursday last, dealing with two petitions challenging the constitutionality of the Gujarat Freedom
of Religion (Amendment) Act, 2021, which penalises forcible or fraudulent
religious conversion through marriage,
the court noted: “rigors of section 3,4, 4a to 4c, 5, 6, and 6a shall
not operate merely because the marriage is solemnised by a person of one
religion with another religion without force, allurement or fraudulent means
and such marriages cannot be termed as marriage for the purpose of unlawful
conversion.”. The sections deal specifically
with prohibition of forcible conversion, laying down of punishment for
violation with imprisonment of up to four years or seven years, declaring of
the marriage as void, seeking prior permission of district magistrate in case
of conversion and laying burden of proof on the person who has caused the
conversion.
Brakes indeed have
been put so far on the ‘love jihad’ law, which was passed in the Assembly in
April to stop the “emerging trend in which women are lured to marriage for the
purpose of religious conversion.” But it is no secret that the BJP-ruled State,
like two others Madhya Pradesh and Uttar Pradesh, has its own agenda, the
intent is certainly not honest. The law stands challenged on grounds that it
goes against basic principles of marriage and violates Article 25 of the
Constitution, which guarantees the right to propagate, profess and practice any
religion, plus violates the right to privacy. And while the order is only
interim, all eyes will be on the final verdict. But hope remains as the court
rightly stated the law kept a “sword hanging” on interfaith couples and that it
can’t be read (from the Act) that interfaith marriage is permissible.
Will there be light
at the end of the tunnel?
* * * * * *
Setback For WB
It’s a major
setback for West Bengal government. The Calcutta High Court seems to have knocked down Chief Minister Mamata Banerjee
to size? On Thursday last, it ordered a court-monitored CBI probe into cases of
murder and rape in aftermath of Assembly polls, much in line with what an NHRC
panel, formed on its direction, had sought after its fact-finding mission. The
panel submitted its report on 13 June, which Mamata trashed as ‘biased’
and pursuing BJP’s line of ‘political
vendetta.’ But the court has differed saying “there are definite and proved
allegations that complaints by victims of violence were not registered.” It
ordered setting up a SIT too to probe all other offences related to post-poll
violence. Plethora of PILs were filed as hundreds are said to have been subjected
to assault, made to flee their homes, and property destroyed. The BJP has
hailed the verdict saying it “highlighted the politicisation, inaction and
failure of the state’s police and administration”. The ruling TMC is
contemplating going in for an appeal. But with both investigations to be
court-monitored and CBI asked to file a report in next six weeks, there’s not
much Mamata can do. But nothing can be put past the firebrand leader. Fear is
that the TMC-BJP fight will get murkier.
* * * * * *
Naga United Govt
Nagaland yearns for
an early solution.North Block would need to get its act together. No more
dilly-dallying as Monday last political parties in this north-eastern State
resolved to come together and form an all-party government. The reason: enable
an early solution to the vexed Naga political issue (NPI) and achieve ‘an
honourable and acceptable solution’. The decision to form the Nagaland United
Government (NUG) was unanimously taken by ruling People’s Democratic Alliance
(PDA) partners – Nationalist Democratic Progress Party (NDPP) and BJP
and two Independent MLAs supporting it and signed by principal Opposition
party, the Naga People’s Front. This is on lines of an all-party government,
seen in 2015 when 8 Opposition Congress MLAs merged with then ruling NPF. The
5-point resolution adopted maintains they will aim at ‘promoting Naga peace
talks with a positive approach’ in greater interest of ‘achieving peace’ and
‘move forward under a positive environment’, conducive towards ‘finding a political
solution at the earliest time possible.’ How soon, is the big question, as the
NPI has been hanging fire for decades: Recall, the NSCN(IM), firm on its demand
for a separate flag and constitution of the Naga people, has been engaged with
the Centre since 1997, signed the Framework Agreement on 3 August 2015; working
committee of Naga National Political Groups (seven) too has held separate
dialogues with Centre since 2017 and entered into “Agreed Position.” Talks were
said to have concluded on 31 October 2019, but the final solution is still
pending! Will Prime Minister Modi be able to deliver, what his predecessors
couldn’t? It’s anybody’s guess.
* * * * * *
Releasing Caged
Parrot
The Madurai Bench of
the Madras High Court seems to be at its wits end viz the CBI. Exasperated over
the agency’s ‘stereotype’ defence mechanism before courts, it made ‘an attempt
to release the “Caged Parrot (CBI).” Though it didn’t concede to a request for
CBI probe into an alleged chit fund, while hearing a PIL on Tuesday last, it
did issue 12-point instructions to change its structure to improve its
functioning. It should be a statutory body such as Election Commission of India
or CAG, it observed as it was dismayed over the agency ‘dragging its feet’, for
conducting an inquiry on grounds that ‘resources and manpower available were restricted
and it can’t conduct the same! Among others, the bench suggested separate
budgetary allocations; its chief should have powers equivalent to a govt secretary;
its Central Forensic Science Lab should be equipped with more modern facilities
i.e. at par with FBI or Scotland Yard. It directed, one, CBI chief to send a
proposal to the Centre within 6 weeks requesting a raise in the agency’s
divisions, wings and staff and two, the Centre to pass orders on the issue within
three months of receiving the proposal. Will it yield results or end up being a
shot in the dark?
* * * * * *
Bihar ‘Taps’
Potential
Bihar has done
wonders. From being among bottom five States viz rural tap water supply (with just
1.84% households having connections), it has moved up among the top four
(86.96%) in two years since the launch of Centre’s Jal Jeevan Mission
(JJM). Of 4.73 crore tap water connections provided so far across the country, JJM
figures show 1.46 crore are in Bihar i.e. every third new connection is in
Nitish Kumar’s State. Interestinglythe credit can’t go to the Centre! Bihar Water
Resources minister claims 8.44 lakh tap water connections and not 1.46 crore were
provided under the central scheme. The rest were thanks to Nitish’s schemes
including Har GharNal Ka Jal scheme.And if these numbers are discounted,
the national figure will drop to 3.36 crore instead. Politics between JD(U) and
partner BJP aside, Bihar has beaten states such as UP (1.96% now 12.29%), Assam
(1.76% -16.69%), West Bengal (1.21%-11.13%) and joined the league of top-four States:
Goa (100% connections), Telangana (100%) and Haryana (99.24%). What should make
Bihar ecstatic is that it’s now ahead of the more-prosperous States such as
Maharashtra (65.08%), Gujarat (84.06%) and Tamil Nadu (34.74%).For Bihar it’s
literally water under the bridge.Guess, others should take a cue. ---INFA
(Copyright, India
News & Feature Alliance)
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