Right to Vote ! A Constt. or Legal Right ? SC asks AG Does the AG reduced it to the Level of a Legal Right.
Prashant Bhushan, argues that their contention is based on the fact that Democracy is part of the basic structure of the Constitution, and therefore Right to Vote, and the Duties of the Election Commission in this regard is also discharged as being part of the basic structure..
Text of letter: This complaint is being filed to bring to your notice Ms. Pragya Singh Thakur’s speech in Shivamogga at the Hindu Jagarana Vedike’s South Region annual convention, on 25th December, 2022. She spoke with the clear intention to disturb communal harmony and national integration. The Shivamogga police have registered an FIR (No 0181/2022) against her ( IPC U/S 153A, 153B, 268,295-A,298,505,508) . It should be noted that a sitting elected representative has said that when an opportunity presents itself, we should keep our knives ready and that knives which cut vegetables can cut the heads of the enemy. This call for violence itself violates the constitutional norm that citizens will not take up arms against each other. Further, she refers to the entire Muslim community as the enemy thus targetting them . We are therefore writing to you to initiate action against her.
In her speech, Ms.Thakur stated:
"Apni ladkiyon ko surakshit rakho. Apne ghar me hatiyar rakho. Kuch nahi to sabji katne wala chaku kuch tez rakho. Spasht bol rahi hoon ki hamare gharon me bhi sabji katne ke liye hatiyar tez honi chahiye. Unhone chaku se hamare Harsha ko goda tha. Unhone chaku se hamare Hindu veeron ko, Bajrang Dal ke karyakarta, BJP ke karyakarta, Yuva Morcha ke karyakarta ko goda hai, kata hai. To hum bhi sabji katne wala chaku ko tez rakhe, pata nahi kab kaisa mouka aaye. Jab hamara sabji achi roop se kategi tab nishchit roop se dushmano ke sir aur mooh bhi ache katenge.”
(Links to media reports and video of her speech at the end of the petition)
Alluding to the Muslim community, she proceeded to prompt the audience to store weapons in their house for the safety of their women from Muslim men. She explicitly urged the onlookers to ensure that the knifes used to cut vegetables at their homes are kept sharp. Ms. Pragya Singh Thakur also urged the audience to sharpen their knives in anticipation of obtaining an opportunity against those who commit ‘Love Jihad’, euphemistically used to refer to Muslims, particularly Muslim men. In her speech, without mincing words she states that “when our vegetables cut well so will the heads of our enemies.” Thus, her statements uncompromisingly indicate an incitement to genocide, asking people to prepare for genocide.
Ms.Pragya Thakur has violated settled norms of international law which governs all nations, namely the prohibition against the incitement to genocide. If homicide is the killing of one person , genocide is the elimination of an entire group. Any call to eliminate an ‘ethnic, national, racial or religious group’, in this case Muslims therefore amounts to a call to genocide and is what international law considers the ‘crime of crimes.’
What is a crime as per the Convention on the Prevention and Punishment of the Crime of Genocide, 1949 which India has ratified is also a crime under Indian law. Her speech also violates existing provisions of Indian law which prohibit the promotion of communal disharmony, incitement of enmity between communities and the impeding of public tranquillity.
By inciting hatred against members of one religious community she has laid the ground work for the call to genocide to become the future crime of genocide. As the Supreme Court observed in Pravasi Bhalai Sangathan v. Union of India, (2014) 11 SCC 477:
Hate speech is an effort to marginalise individuals based on their membership in a group. Using expression that exposes the group to hatred, hate speech seeks to delegitimise group members in the eyes of the majority, reducing their social standing and acceptance within society. Hate speech, therefore, rises beyond causing distress to individual group members. It can have a societal impact. Hate speech lays the groundwork for later, broad attacks on vulnerable that can range from discrimination, to ostracism, segregation, deportation, violence and, in the most extreme cases, to genocide. (emphasis supplied)
By making a call for violence, Pragya Thakur has violated her oath taken under the Third Schedule of the Constitution when sworn in as a Member of Parliament. When a Member of Parliament takes an oath to ‘bear true faith and allegiance to the constitution’ it is premised on a fundamental respect that all India’s diverse peoples and communities are entitled to the right to life, liberty and dignity. When a Member of Parliament asserts that one faith community is not so entitled, it is a fundamental violation of the very ‘idea of India’ premised as it is on the peaceful coexistence of the diverse and plural traditions of India. She undermines the constitutional promise of fraternity and the premise of constitutional morality and the unity and integrity of India. In short the member of parliament has declared that she does not accept any of the fundamental premises underlying the Indian Constitution, be it the sanctity the right to life of entire groups of people, the promise of fraternity or the importance of constitutional morality.
As citizens of India we are gravely concerned that a member of parliament, has so declared her lack of faith in the Constitution and has given a speech which prepares people for a genocide, what international law considers to be the ‘crime of crimes’.
We bring attention to the above under rule 233(A) of Rules of Procedures and Code of Conduct of the Lok Sabha:
Rule 233A. Procedure for Ethics Complaints states:
(1) Any person or member may make a complaint relating to unethical conduct of a member of Lok Sabha:-
Provided that if a complaint is made by any person, it shall be forwarded by a member
(2) A complaint shall be made in writing and addressed to the Speaker, who may refer it to the Chairperson, Committee on Ethics, for examination, investigation and report.
Our Demand
As citizens of this country we are deeply aggrieved by her speech. We are concerned that such open calls for violence are made, and that too by an elected representative in full public view. As a country we need to move towards equality and dignity for all and not encourage lawless, unconstitutional, vigilante violence.
The oath taken under the Constitution is not a mere moral obligation, but is a constitutional responsibility which binds a person solemnly to the values of the Constitution. We urge you to immediately disqualify her from her membership of the Lok Sabha and take all other urgent and immediate action against her for violating her oath to ‘bear true faith and allegiance to the Constitution of India’.
(This open letter has been initiated by the Campaign Against Hate Speech, Bahutva Karnataka, All India Lawyers Association for Justice and People’s Union for Civil Liberties – Karnataka)
The referred portions of her video can be found here - https://youtu.be/jQjWJg0iMNw .
The media also widely covered her speech – 1)Asianet News https://newsable.asianetnews.com/india/keep-knives-at-home-sharpened-pragya-thakur-stokes-controversy-in-shivamogga-rnhln0
3)Indian Express - https://www.newindianexpress.com/states/karnataka/2022/dec/29/karnataka-shivamogga-police-bookpragya-for-hate-speech-incitement-2532753.html
नोटबंदी पर रिपोर्ट में सारा सच बेपर्दा, Modi is Exposed on Demonetisation, Fake Currency Increasing https://youtu.be/2cSUQGCwzrg?t=83 https://www.youtube.com/watch?v=2cSUQGCwzrg DESH NEETI Dec 23, 2022 नोटबंदी पर रिपोर्ट में सारा सच बेपर्दा, Modi is Exposed on Demonetisation, Fake Currency Increasing
THE TELEGRAPH की रिपोर्ट ने मोदी का झूठ बेपर्दा किया, Isn't Modi Responsible for China's Threat ? https://youtu.be/LzJcCwBMDBc?t=156 full episodehttps://www.youtube.com/watch?v=LzJcCwBMDBc DeshNeeti 23 Dec 2022
Media https://youtu.be/LzJcCwBMDBc?t=131
As the world population touched 8 billion, Rachel Snow, head of the population and development branch of UNFPA, or the United Nations Population Fund, suggested that ‘demographic diplomacy’ could provide answers to a demographically diverse world.
https://thewire.in/diplomacy/demographic-diplomacy-population-diversity-migration
Demographic diversity is the result of such differential population trends across countries and regions. Migration from the regions with continued high fertility and younger population to the regions with low fertility and older population is generally the next outcome, which, in turn, creates anti-migrant sentiments in the host communities, especially when the going gets tough, economically.
To address the issues arising out of demographic diversity, demographic diplomacy could be a potent tool. Demographic diplomacy can be defined as a globally beneficial consultative mechanism to address the issues of demographic diversity and population-development dynamics by recognising that we all live in a connected world, our circumstances affect each other, and that we are cognizant and empathic of each other’s circumstances. And, we commit to understanding and addressing each other’s issues in an open consultative manner.
Demographic diplomacy among countries could address the issue of population growth imbalance through consultations on migration to make it planned and regulated, and migrant-friendly, while at the same time allaying fears and misgivings of local host communities toward migrants.
24/12/2022
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(Page under contruction..
Dam Floods, Failures and Disasters in 2022 https://sandrp.in/2022/12/17/dam-floods-failures-and-disasters-in-2022/ December 17, 2022 SANDRP
Faulty operation of dams can lead to floods- a statement in Parliament by Union Minister of state for Jal Shakti on Aug 8, 2022. the same Press Release noted, no data on flooding caused by faulty operations of reservoirs are maintained centrally. In fact such data is not available with any official agencies anywhere in India. https://sandrp.in/2022/08/15/drp-nb-150822-cwc-accepts-faulty-operation-of-dams-can-lead-to-floods/
The disaster at the Karam dam in Madhya Pradesh that ultimately led to collapse of the dam on Aug 14 2022 night is reminder how problematic is CWC’s and state water resources’ performance in terms of an updated National Register of Large Dams (Karam dam is not listed in the National Register) https://sandrp.in/2022/08/13/bharudpura-dam-in-mp-faces-disaster-after-first-filling-in-aug-2022/
https://www.freepressjournal.in/indore/seepage-from-another-dam-reported-in-dhar-district
https://www.patrika.com/bhopal-news/the-danger-of-bursting-khedi-dam-increases-7718329/
https://sandrp.in/2022/08/23/madhya-pradesh-collapse-of-lateri-stop-dam-in-vidisha/
https://www.freepressjournal.in/bhopal/now-garethia-dam-develops-cracks-soil-used-to-fill-cracks-says-sdm
https://www.freepressjournal.in/bhopal/bhopal-15-villages-flooded-as-sluice-gates-of-3-dams-open
https://www.livehindustan.com/madhya-pradesh/story-a-part-of-the-bridge-between-bhopal-narmadapuram-collapsed-due-to-heavy-rains-video-6840836.html
https://www.naidunia.com/madhya-pradesh/seoni-bridge-collapse-in-mp-bridge-destroyed-in-flood-water-before-inauguration-in-seoni-district-6280921
https://hindi.news18.com/news/madhya-pradesh/hoshangabad-breaking-news-due-to-heavy-rain-narmadapuram-betul-bridge-broken-bhopal-nagpur-highway-closed-mpsg-4400556.html
https://sandrp.in/2022/01/28/hydro-power-projects-dams-accidents-damages-in-2021/
https://sandrp.in/2020/11/04/dam-floods-embankment-breaches-in-south-west-monsoon-2020/
https://sandrp.in/2019/10/31/2019-monsoon-instances-when-dam-safety-came-into-question/
All credit to SANDRP for compiling these reports and links...
Statement of Stree Mukti Andolan Sampark Samiti to condemn the GR and the panel
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महाराष्ट्र राज्याच्या महिला बाल विकास विभागाने १३ डिसेंबर रोजी एका परिपत्रकाद्वारे राज्यपातळीवर “आंतरजातीय/आंतरधर्मीय विवाह – परिवार समन्वय समिती” स्थापन करण्याचा निर्णय घेतला असून, ही समिती विविध प्रकारे आंतरजातीय/आंतरधर्मीय विवाह केलेल्या व्यक्तींची “इत्यंभूत माहिती” घेऊन संबंधित मुली/ महिला आणि त्यांच्या कुटुंबियांशी संपर्क करून त्यांना एक सपीठ” उपलब्ध करून देणार आणि अशा विवाहांबद्दल “शिफारस” करणार आहे.
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Google Translate The Department of Women and Child Development of the State of Maharashtra has on December 13 has decided to set up an "Inter-caste/Inter-Religious Marriage - Family Coordination Committee" at the state level. The Committe will obtain "reliable information" of persons who have been married in various ways into inter-caste/inter-religious marriage and the girls/women and their families concerned. The Committee will contact and provide them with a "sapith” and and counsel them about such marriages. The government is depriving the citizens of their democratic rights and freedoms by not enabling the necessary infrastructure and mechanisms to implement the Anti-Domestic Violence Act and various other laws for the protection of women. That is why the ulterior motive of the Shinde-Fadnavis government is clear. In reality, this so-called “platform” will use the government machinery to interfere in the personal lives of citizens; There is no doubt that she will be used to carry out a humanitarian program of special surveillance of “girls/women” and breaking up their inter-caste or inter-faith marriages and maintaining the so-called religious and ethnic ‘purity’. |
https://scroll.in/article/1039797/worst-decision-of-my-life-byjus-accused-of-driving-parents-into-debt-with-predatory-practices
The learning platform allegedly took advantage of parents’ concerns for their children’s education to pressure and dupe them.
Byju’s, the most valuable startup in India and a household name, is facing a range of complaints on social media platforms and consumer websites from customers who say they were exploited and deceived, putting their savings and futures in jeopardy.
Twenty-two Byju’s customers, several from low-income homes, told Context how they had been aggressively targeted by salespeople, with some coerced into paying for courses, tricked into taking out loans and ultimately left out of pocket.
by Annie Banerji, Thomson Reuters Foundation
17/12/2022
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