TheIndian EXPRESS LATE CITY, 24 PAGES, NEW DELHI, `6.00 (`8 PATNA & RAIPUR, `12 SRINAGAR) ● FRIDAY, SEPTEMBER 28, 2018 ● WWW.INDIANEXPRESS.COM DAILY FROM: AHMEDABAD, CHANDIGARH, DELHI, JAIPUR, KOLKATA, LUCKNOW, MUMBAI, NAGPUR, PUNE, VADODARA STRIKES DOWN SECTION 497 OF INDIAN PENAL CODE AS UNCONSTITUTIONAL Adultery no longer a crime, wife is not property of husband: Supreme Court SC signal on marital rape: Consent, sexual autonomy in marriage are key values ANANTHAKRISHNAN G NEW DELHI, SEPTEMBER 27 DESCRIBING THE law criminalising adultery as arbitrary, which treats the wife as chattel and deprives women of her sexual autonomy and dignity, the Supreme Court Thursday struck down as “unconstitutional” Indian Penal Code Section 497, which makes adultery a punishable offence only for men. Adultery will, however, continue to be a ground for any civil wrong, including a ground for divorce. In four separate but concurring judgments, a five-judge SOWMIYA ASHOK NEW DELHI, SEPTEMBER 27 Kaleeswaram Raj and daughter Thulasi K Raj, counsel for the adultery case petitioner, outside Supreme Court. Tashi Tobgyal Constitution Bench of Chief Justice of India Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra said the colonial-era provision violated Articles 14 (right to equality); CONTINUED ON PAGE 2 UNANIMOUSLYSTRIKINGdown provisions of adultery under the Indian Penal Code (IPC), the Supreme Court said Thursday that“curtailingthesexualautonomy of a woman or presuming the lack of consent once she enters a marriage is antithetical to Constitutional values.” 11 EXPLAINED What the ruling means, why it’s important The underlining of this principle as part of what the court CONTINUED ON PAGE 2 RESERVATION IN PROMOTIONS Disquiet over apex court’s ruling on creamy layer for SCs and STs LIZ MATHEW, LALMANI VERMA & RITIKA CHOPRA NEW DELHI, SEPTEMBER 27 GANDHI @150 WHATWOULDTHEMAHATMA SAYTODAY? iDEAS SERIES Truth about the last person Mahatma Gandhi reminded us that India is united in its poverty and deprivation. His legacy is this awareness. THEIDEASPAGE 13 AS THE Supreme Court has upheldreservationinpromotion for the SC/ST communities, the court’s position on the idea of a creamylayerhasputthepolitical class in a dilemma. Sofarcreamylayerisapplicable only for OBCs seeking reservation.Lastyear,thecreamylayer ceiling for OBC reservation was raised to Rs 8 lakh per year — families with income above this were not eligible. How will a creamy layer apply to SC/STs is uncharted territory. While the government says it is still “examining” the judgment, SC/ST groups are restiveinapollyearthathasseen caste protests nationwide. Speaking to The Indian MoD officer’s views part of our Rafale discussions: Govt EXPRESS NEWS SERVICE NEW DELHI, SEPTEMBER 27 RESPONDING TO a report in The Indian Express Thursday that a Ministry of Defence official had placedonrecordhisobjectionson the deal to procure 36 Rafale aircraft,officialsourcessaidthatit “betrays ignorance of the collegiateprocessinvolvingduedeliberations and diligence at various levels, through which all major Government decisions are typically taken.” Sources added: “Whileensuringutmostintegrity and transparency, the process allows for opinions to be freely expressed, recorded, discussed and, if necessary, modified”. The Indian Express reported that nearly a month before the CONTINUED ON PAGE 2 RELATED REPORT PAGE 6 Express,LokJanshaktiPartypresident and Cabinet Minister Ram Vilas Paswan said, “I don’t agree with the observation given on the creamy layer.” The minister, an ally of the ruling BJP, said he would wait for the government orderthatwouldbeissuedbythe DoPT in line with the verdict. BJP MP Udit Raj, welcoming the apex court’s clearance for reservation in promotions for SC/STs employees, cautioned that his All India Confederation of SC/ST Organisations would protest against the move to introduce the creamy layer. SaidRaj:“Inthepresentjudgment, the Supreme Court has decided not to collect data of backwardness which means the SCs and STs are to be considered backward. Then how canweimplement creamy layer considering economic backwardness as a factor for reservation? If CONTINUED ON PAGE 2 THE RECORD JUMP Sreeshankar Murali set the national men’s long jump record when he leapt 8.20 m at the National Open Athletics Championship in Bhubaneswar, Thursday. AFI REPORT, P 23 Meerut video: Police scramble for cover, woman gets quiet support ANKITA DWIVEDI JOHRI MEERUT, SEPTEMBER 27 Motherof thewoman,who washitbyaconstableinsidea policejeep,atherhomein Hapur,UP. Gajendra Yadav THE POLICE constable, who is seenhittingthewoman,saysshe was following orders. The woman’s family and the principal of the nursing college, where sheisafourth-yearstudent,have come out strongly in her support. The woman’s friend, who is her classmate, has gone into hiding. The 29-second viral video, whichshowsconstablePriyanka Singh beating and berating the woman inside a police jeep with three other colleagues after rescuing her from a mob, is playing out along several divides in UP’s Meerut. The clip is from September 23,whentheHinduwomanwas with her friend, a 22-year-old CONTINUED ON PAGE 2 ● PAGE ONE ANCHOR ‘WHY DO PEOPLE THINK THAT SOMEONE ELSE WILL BE THERE TO CLEAN UP AFTER THEM?’ DIPANKAR GHOSE MOTIHARI RAILWAY STATION: WHERE MAHATMA GANDHI ARRIVED ON APRIL 15, 1917 Ram Nath Ram, 46. Job: Safai Karamchari, Group D, Railways. Salary: `32,000. Work Hours: 6 am to 6 pm. Cleans: 2 platforms, 3 halls, 4 washrooms MOTIHARI (EAST CHAMPARAN), SEPTEMBER 27 MONDAY, 9 AM, it is time. In one hand, he carries a broom. In the other, a bucket, a mug and a wet cloth. He begins with the floor. Once that’s done, he looks up at the statue of the bespectacled man, touches his feet. He then climbs on the pedestal, washes the statue, cleaning every inch with a piece of cloth. Every day of his life, Ram Nath Ram does what he calls “Mahatma’s work”. And every Monday, this is his homage to Gandhi. With October 2 marking the MAHATMA SWACHH BHARAT PART III The Indian Express reporters fan out across the country to mark milestones in the Mahatma’s journey. To bring stories of the footsoldiers of Swachh Bharat, whose job it is to wipe, mop and dust where the Mahatma once walked. 150th birth anniversary of Mahatma Gandhi, Ram, a Group D Senior Safai Karamchari with the Railways, is one of the thousands of workers who define ground zero of Swachh Bharat, the national cleanliness campaignthatturns fourin fivedays. Ram’s work place is Motihari Railway Station where, on April 15, 1917, Gandhi stepped off a train in Champaran to be met by thousands of aggrieved indigo farmers, setting off a series of events which would lead him to stay in the area for several CONTINUED ON PAGE 8 TOMORROW WARDHA JOURNALISM OF COURAGE TITLE SUIT APPEALS START LATE OCTOBER No need for a larger bench, SC clears way for Ayodhya hearings Declines to refer ruling on mosque not being key to Islam to larger bench ANANTHAKRISHNAN G NEW DELHI, SEPTEMBER 27 SETTING THE stage for resumption of hearing on the title suit over the disputed Babri MasjidRamjanmabhoomi site in Ayodhya, the Supreme Court, in a 2-1 verdict Thursday, rejected a plea to refer to a larger bench its 1994 ruling in which it observed that “a mosque is not an essential part of the practice of the religion of Islam and namaz (prayer) by Muslims can be offeredanywhere,eveninopen”. Appeals against the September30,2010judgmentof the Allahabad High Court that ordered a three-way division of the disputed 2.77 acres in Ayodhya, giving a third each to the Nirmohi Akhara, the Sunni Central Wakf Board of UP and Ramlalla Virajman, will now begin “in the week commencing 29th October”. The bench of Chief Justice of IndiaDipakMisra,JusticesAshok BhushanandSAbdulNazeersplit 2-1 in deciding not to refer to a largerbenchits1994orderonthe Dr M Ismail Faruqui Etc. vs Union Of India And Others — Justice Bhushan, writing for self and the CJI,rejectedthepleawhileJustice Nazeergaveadissentingopinion, CJI Dipak Misra, Justice Ashok Bhushan BUSINESS AS USUAL BY UNNY saying the Ismail Faruqui ruling should be reconsidered. Under challenge was a statement in the Ismail Faruqui case CONTINUED ON PAGE 2 MORE REPORTS PAGE 8 Justice Nazeer dissents: 4 key questions, larger bench is needed KAUNAIN SHERIFF M NEW DELHI, SEPTEMBER 27 THE OBSERVATION in the 1994 Ismail Faruqui case that a mosque is not an essential part of Islam and namaz by Muslims can be offered anywhere, “even in open” was arrivedat “without undertaking a comprehensive examination,” Supreme Court judge Justice S Abdul Nazeer said Thursday. The majority verdict by other Justice members of the S Abdul bench, compris- Nazeer ing Chief Justice Dipak Misraand Justice Ashok Bhushan, said that thisobservationwasmadeinthe context of land acquisition. Disagreeing with this in his 42-page dissenting judgment, Justice Nazeer said that considering the “Constitutional CONTINUED ON PAGE 2
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