TheIndian EXPRESS LATE CITY, 22 PAGES, MUMBAI, `5.00 ● FRIDAY, SEPTEMBER 28, 2018 ● WWW.INDIANEXPRESS.COM ● REG.NO. MCS/067/2018 - 20 RNI REGN. NO. 1543/57 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.” 9 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 11 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 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 21 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 10 CONTINUED ON PAGE 2 RELATED REPORT PAGE 12 SRINATH RAO MUMBAI, SEPTEMBER 27 A YEAR after 23 people died and 39 sustained injuries in a stampede on a foot overbridge atthenElphinstoneRoadstation, the MumbaiPolice has closed its investigation into the incident and is set classify it as a case of accident. The investigation has looked at the events of the morning of 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, September 29, 2017, from every angle, police said. After all other possibilities—includingthetheories that a criminal conspiracy or malicious intention may be involved — were eliminated, the investigators have decided to conclude that the incident was an accident, said officers. Joint Commissioner of Police (Law and Order) Deven Bharti said: “The stampede was caused as a result of rumours being spread among trapped passen- gersonthestationstaircase...the incident will be closed as an Accidental Death Report.” The police investigation concurs with a report filed in October last yearbytheWestern Railways, which had stated that asuddenheavydownpour,combined with two trains pulling CONTINUEDONPAGE2 MORE REPORTS PAGE 5 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 Maharashtra to amend law to give relief to victims of mob violence RASHMI RAJPUT MONTHS AFTER the Supreme Court laid down guidelines to curbmoblynching,Maharashtra appearsset to be the first state to amend the provisions of its Victim Compensation Scheme, 2014, in order to provide compensation to the kin of the deceased and those left disabled due to mob violence. The state has witnessed nine deathsand14casesof lynchings, including the killing of five nomads at Dhule in July on rumours of being child lifters. “While the scheme makes a mention of compensating the kin of the deceased or those left disabled, it doesn’t make an ex- plicit mention of those killed or left disabled due to mob attacks. We have proposed that the scheme be amended in accordancewiththeguidelinesissued by the SC... the amended provisionsshouldclearlystatethatthe victims of mob violence would be entitled to compensation under the said scheme,” said a home department official. “The proposal has been sent to the law and judiciary department for a final ratification and the notification on the amended provisions should be issued within a week,” the official added. Sources said the compensation amount would be as per the 2014 scheme, under which the state extends a compensation of Rs 2 lakh each in the event of death and permanent disability (80 per cent or more) and Rs 1 lakh in case of partial disability (40 per cent or more). “There won’t be any revision as far as the compensation amounts are concerned. The amended provisions will make it explicitly clear of the compensation to be awarded to the victims,” the official said. When contacted, Principal Secretary (Special), home department, Amitabh Gupta, said: “We have initiated the process and soon, the scheme would be amended as per the directives of the Supreme Court.” On Thursday, the state home department issued a circular reiteratingtheguidelinesissuedby the government on August 13 in CONTINUEDONPAGE2 ● PAGE ONE ANCHOR ‘WHY DO PEOPLE THINK SOMEONE ELSE WILL CLEAN UP AFTER THEM?’ THE EDITORIAL PAGE DIPANKAR GHOSE MOTIHARI (EAST CHAMPARAN), SEPTEMBER 27 Verdict as first word BY PRATAP BHANU MEHTA CITY 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 TITLE SUIT APPEALS START LATE OCTOBER MUMBAI, SEPTEMBER 27 MoD officer’s views part of A year on, Mumbai Police to classify our Rafale discussions: Govt Elphinstone Road stampede as accident EXPRESS NEWS SERVICE JOURNALISM OF COURAGE PAGE 3 ● TO BENEFIT BUILDERS, GOVT PLANS TO DILUTE RERA CONSENT CLAUSE ● EX-TISS STUDENT ALLEGES RAPE 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 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 150th birth anniversary of Mahatma Gandhi, Ram, a Group D Senior Safai Karamchari with the Railways, is one of the thou- 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. sands of workers who define ground zero of Swachh Bharat, the national cleanliness cam- paignthatturnsfour infivedays. 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 months, be arrested, fight for their rights, and launch the Champaran Satyagraha. Among the regulars at the station, there is much debate on the spot where Gandhi’s foot first landed. “But in my head, every metre is a step he took. I amproudthatIcleantheground he walked on,” says Ram. The 46-year-old’s day begins at 6 am and ends 12 hours later, except for an hour’s break betweennoonand1pm.Hebegins with the public restrooms, four in all, using the same broom, bucketandclothbutwiththeaddition of a mop and phenyl. He sweeps the floor, then cleans it and the urinalswith phenyl, water and the mop. Then there are the three waiting halls, including one for VIPs, and two platforms,whereherepeatstheroutine until his grey uniform is stained with sweat. Ram first came to the station as a casual labourer in 1996. Eight years later, he was made “permanent”. There were four other permanent staffers at the time, he says. Today, he is the only government safai karamchari left — the ten others with him are contracted to Shree Gajanand India, a private company. He speaks to them with authority,barkingoutorders,his yearsof experiencetelling.“Why are you stopping now? Take a breakaftertheMuzaffarpurtrain comes. Not till then,” he shouts at two. Gandhi,meanwhile,isapresence on the walls of “Bapudham Motihari Railway Station”, too. Every inch is covered with murals of events in his life, photographs describing the Champaran movement, copies of letters, and a giant TV screen that switches between railway timetables and Swachh Bharat videos. At 10.15 am, a train from Muzaffarpur pulls in, bringing a gust of wind and chaos. Ram waits next to a drinking water station he has just cleaned, watching people carelessly crumple and throw packets of CONTINUEDONPAGE12 TOMORROW WARDHA
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